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Hey ladies and gentlemen, this is Carmine Sabia for Explain America and it appears special counsel Jack Smith
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ruined his own plans and his own case against Donald Trump. Before we get started, please make sure you like, comment, share and subscribe
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So Jack Smith, as you know, went to the Supreme Court and he wanted to rush
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Trump's immunity claims and presidential immunity and he had to present his case to the Supreme Court about why it should be rushed, why
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it should do what other people don't do and skip the appeals court. Not that it's never been done
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but it's very rare. Skip the appeals court and go straight to the Supreme Court
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As you know, the Supreme Court gave him a smackdown and said, no, you got to go through the normal process
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Now this gives Trump a delay that he really wants and needs because it probably pushes the trial date back at least enough for him to get through the primaries without having to sit in the
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courtroom, which is why he wants to delay. It's not because he thinks he's guilty. It's because he wants to be able to fairly participate in the election
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So John Dean, who was a counsel for the White House of former President Richard Nixon, who I believe got railroaded, but that's another story
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he was also a witness and a turncoat and a snitch against Richard Nixon and he's not a fan of
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former President Donald Trump. But even he had to admit that Jack Smith blew it. So before I leave you with this clip, I want to say I'm Carmine Sabia for Explain America
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We love you guys. God bless you. Take care, everybody. And now let's listen to John Dean take down Jack Smith
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It really doesn't help him. John, the special counsel pointed to a Watergate-era case in his brief, which I know you know well. In that case, the Supreme Court leapfrogged
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the appeals court to quickly hear a case in which, as you'll remember, the judges
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ultimately rejected then-President Richard Nixon's claims of presidential privilege. This in a subpoena fight over Oval Office tapes
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Do you think the Supreme Court was wrong to reject Smith's connection to that case and Smith's argument in that sense
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Smith didn't make a real strong argument to me when I read the brief. The Nixon case, I would have put on a scale of one to ten out of four
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I would have put this on a nine or ten and they didn't really build that case
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So the Supreme Court felt no urgency in the briefing. I think as a practical matter
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they want to have all their options. This is very highly charged political stuff and
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they may want to be able to not be the first to leap in to go after this president
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but rather sit back and look at what the Court of Appeals does, which is going to reject his immunity
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Ryan, of course, as Gloria noted, Trump's tactic here and in many legal cases is to delay, delay, delay
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What happens once the appeals court decides? And does Trump have a long runway there to keep delay, for instance, to delay his appeal then to the Supreme Court
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Potentially. If this were kind of the normal course of litigation, then you've got like a certain period of time where he can say he wants to actually have the entire DC Court of Appeals
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look at it. And then after that period of time, 90 days in which he could then decide whether or not he wants to go to the
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Supreme Court. But I don't think that's going to happen. There are ways in which the Court of Appeals can control it. For example, they could say
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as what just happened in Colorado, we're going to lift the stay on the district court and allow the district court to proceed if you do not petition the Supreme Court
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within X amount of time. So they can easily force him to go to the court quickly or Jack Smith could do what he's already suggested that he wants
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that after the DC Court of Appeals rules, then the Supreme Court can expedite. And that's the option
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that's also very much available to the courts. It's really in the courts hands what they want to do, the Supreme Court
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You put something of an expiration date on that appeal process. John, do you see though a scenario
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where Trump could, if the chips fall, all the chips fall in his direction, could delay this beyond the election
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