In a recent development, Elie Honig, CNN's senior legal analyst, stated that the legal team of former President Donald Trump has a "very effective argument" against special counsel Jack Smith.
Smith has approached the Supreme Court, requesting a ruling on whether Trump is entitled to immunity from criminal charges alleging his conspiracy to overturn the 2020 election, bypassing the U.S. Court of Appeals for the District of Columbia Circuit's decision.
D. John Sauer, Trump's attorney, argued that an "erroneous denial of a claim of presidential immunity from criminal prosecution unquestionably warrants" court review. However, he emphasized that the issue should "be resolved in a cautious, deliberate manner not at breakneck speed."
Smith has requested the court to expedite the case, but he has not provided any specific reasons for the urgency, nor has he explained why the trial should begin on March 4.
CNN's Kate Bolduan asked Honig about his views on the Trump team's argument. Honig responded, "I think that's a very effective argument in this particular case because the issue here is all about timing. Jack Smith won the immunity argument and Donald Trump lost. And the district court judge said, 'You are not immune, Donald Trump.'"
Honig further explained that Smith's unusual request to bypass the intermediate court of appeals and go directly to the Supreme Court requires a specific reason. However, Smith has not stated that the urgency is due to the upcoming election.
Bolduan asked why Smith wouldn't mention the election. Honig replied, "Because he I believe that he understands that would be inherently political. If he said 'I want to try Donald Trump before the election "
Honig continued, "Well the fact that Jack Smith refuses to say it I think is telling in its own right." He pointed out that Smith's brief is filled with vague generalities about the need for speed and the avoidance of delay. Trump's team, in their brief, identified this weakness and directly addressed it, suggesting that the urgency is due to the upcoming election.
The D.C. Circuit Court of Appeals had already expedited the review of Trump's appeal for January 9 oral arguments, but Smith wants to bypass this and go directly to the Supreme Court. The Supreme Court is also scheduled to hear a separate case that could impact Smith's case.
This case challenges the scope of an obstruction law used to charge hundreds of January 6 defendants, including Trump himself. The outcome of this case could significantly influence the proceedings against Trump.
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