“Justice Department officials plan to pursue the criminal cases against Donald Trump past Election Day even if he wins, under the belief that department rules against charging or prosecuting a sitting president would not kick in until Inauguration Day in January, according to people familiar with the discussions” – WaPo reported.
“Current officials, speaking on the condition of anonymity, expressed the same sentiment — that if Trump wins the election, the clock on the two federal cases against him would keep ticking until Jan. 20, when he would be sworn in as the 47th president.” – The Washington Post reported.
The Supreme Court earlier this year heard oral arguments in Fischer v. United States and at issue was statute 18 USC §1512(c)(2):
Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
Jack Smith’s charges against Trump remain valid despite the Supreme Court’s overturning of the obstruction charge.
Moreover, in a 6-3 decision, the Supreme Court affirmed that Trump holds absolute immunity for his fundamental Constitutional powers.
The high court also emphasized that former presidents are generally presumed to have immunity for their official actions.
As a result of this ruling, Jack Smith’s case against Trump will face further delay as it is sent back to Judge Tanya Chutkan at the lower court.
Supreme Court Justice Clarence Thomas raised doubts about Jack Smith’s authority as a special counsel in his concurring opinion on presidential immunity.
Thomas questioned Smith’s legitimacy, citing his previous status as a private citizen and lack of senate confirmation.
This issue is particularly significant as Trump’s legal team is leveraging this argument before Judge Cannon in an attempt to dismiss Jack Smith’s case involving classified documents.
The trial for these documents has been indefinitely postponed by Judge Aileen Cannon following the special counsel’s admission to evidence tampering.
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