Commentary: Immunity for Me but Not for Thee

Former President Donald Trump

“Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office?” That is the question the Supreme Court will answer when it hears oral argument in Trump v. U.S. on April 25, 2024.

Legacy media and the ladies of “The View” nearly lost their collective minds when the Court agreed to hear Trump’s appeal of the D.C. Circuit’s decision denying him immunity for his actions surrounding the events of Jan. 6, 2021. However, even Jack Smith, the Special Counsel prosecuting the case, argued that it was of “imperative public importance” that the Court resolve the immunity question before trial.

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Commentary: DOJ and Judge Chutkan, Not Trump, to Blame for ‘Delay’ in J6 Case

U.S. District Court Judge Tanya Chutkan

The Supreme Court will hear history-making arguments on Thursday in the case of Donald J. Trump v United States. For the first time, the highest court in the land will publicly debate the untested and unsettled question as to whether a former president is immune from criminal prosecution for his conduct in office. And despite claims by Democrats, the news media, and self-proclaimed “legal experts” to the contrary, the matter is far from clear-cut.

The case arises from Special Counsel Jack Smith’s four-count indictment against Trump related to the events of January 6 and alleged attempts to “overturn” the 2020 election. Smith’s flimsy indictment—two of four counts are currently under review by SCOTUS and the other two fall under similarly vague “conspiracy” laws—-and an unprecedented ruling issued last year by U.S. District Court Judge Tanya Chutkan will be put to the test by the justices.

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Trump Calls for Sanctions, Censure of Special Counsel Jack Smith

Jack Smith and Donald Trump (composite image)

Former President Donald Trump called for special counsel Jack Smith to be sanctioned or censured for “attacking” the judge in Trump’s classified documents case. 

Trump’s comments on Thursday come after Smith and his team of prosecutors made it clear they think Judge Aileen Cannon’s latest ruling was based on “an unstated and fundamentally flawed legal premise.” Prosecutors objected to Cannon’s order to produce proposed jury instructions under two different legal scenarios. Smith said both legal scenarios were flawed.

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Commentary: ‘Disturbing’ Collusion Between Biden White House and Trump Prosecutors

Before the appointment of Special Counsel Jack Smith in November 2022, Joe Biden’s Department of Justice was in the process of conducting two separate criminal investigations into Donald Trump: his attempts to “overturn” the 2020 election and his alleged mishandling of sensitive government files.

Smith took over both matters to demonstrate the DOJ’s “independence” from politics, the public was told, although he took with him prosecutors and investigators already assigned to the existing inquiries. His team continues to insist their work is devoid of any influence from or cooperation with the Biden regime. Joe Biden and Attorney General Merrick Garland say the same.

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