Donald Trump’s presidential immunity claim is unprecedented and dangerous. As expected, special counsel Jack Smith does well to point that out in his new Supreme Court brief. Yet, mindful that the court may recognize some form of immunity for official acts, Smith wants to make sure that any such recognition wouldn’t interfere with trying Trump in the federal election interference case, which has already been substantially delayed.
So in addition to obviously disagreeing with the former president’s “novel and sweeping” immunity theory, as Smith’s brief calls it, the government wants to lay the groundwork for as smooth a landing as possible. That is, as soon as the high court rules, Smith wants to be able to run back into the trial court and get this moving, in a way that keeps his initial charges and theory of the case intact. That time component raises the question of when the court will rule after the April 25 hearing.
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