(WGN News )
As Labor Day Weekend 2024 began, the legal battle between special counsel Jack Smith and former President Donald Trump intensified. Late Friday night, August 30, both parties filed a joint status report regarding Smith’s election interference case against Trump. The report highlighted their starkly opposing views on how the case should proceed.
Trump argues that the U.S. Supreme Court’s 6-3 ruling in Trump v. the United States provides him with immunity, thereby invalidating the case entirely. However, Smith remains resolute, and his re-indictment upholds four of the federal criminal charges against the former president.
In an article published by Just Security on Labor Day, legal experts Matthew A. Seligman, E. Danya Perry, Joshua Kolb, and CNN legal analyst Norm L. Eisen delved into the details of the status report. They noted, “In the status report, both sides recognized that there will be significant motion practice related to presidential immunity but sharply differed over the nature and schedule of the proceedings.”
Smith contends that Judge Tanya Chutkan must conduct a “fact- and context-specific analysis” of whether the superseding indictment includes conduct protected by immunity. He cited the Supreme Court’s guidance on remand in the case and emphasized that immunity questions should be addressed “at the earliest possible stage in litigation,” quoting Hunter v. Bryant.
Smith has proposed filing an opening brief to explain why the immunity established in Trump v. United States does not apply to the allegations in the superseding indictment or the evidence planned for trial. Trump, in turn, would have the opportunity to oppose this brief.
In Trump v. the United States, the Supreme Court ruled that U.S. presidents have broad immunity from criminal prosecution for “official” acts and “core” functions but not for “unofficial” acts. In his argument, Smith added emphasis on the private nature of Trump’s actions, noting that the alleged scheme involved private collaborators, such as Republican National Committee Chairwoman Ronna McDaniel.
The report further reveals that Trump will continue to argue that his “Tweets and public statements” about the 2020 election are immune. However, the special counsel has highlighted the private character of Trump’s actions, particularly his false claims of voter fraud.
The legal experts recommend that Judge Chutkan set a schedule for immediate briefing. They suggest that Smith file his brief by Monday, September 9, with Trump’s opposition due two weeks later on September 23, and Smith’s reply due on September 30.
As this high-stakes legal battle unfolds, the decisions made in the coming weeks will play a critical role in determining the future of the election interference case against Donald Trump.
