Supreme Court Steps In - Jack's Smith's Case Against Trump Is Dead

Hey, ladies and gentlemen, this is Carmine Zabia 4, Explain America on YouTube

and things are getting really bad for Jack Smith in his Washington, D.C. case against former President Donald Trump

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particularly with an election year coming. So, Jack Smith has brought his case to the Supreme Court

and he wants to argue over the issue of presidential immunity. Now, Trump says, of course, that he had presidential immunity

and that that would preclude Smith from actually prosecuting him on these charges

Now, Trump's attorney, Alina Haba, says the Supreme Court must step in and stop it

And she's not alone in that belief. Another former U.S. attorney also believes the Supreme Court is going to drop the hammer on Jack Smith

Let's take a look. All right. I thought, well, you would know, or I hope you would

Who's got time to write a book? Well, that's what I always say. But anyway, let me go back

to this judge, Schutkin, the Washington, D.C. judge of the liberal persuasion. But while the Trump's

appeal the issues of presidential immunity and while they appeal the issue of double jeopardy Shutkin apparently has said she will stop the presses and postpone any court hearings until the Supremes make up their mind

And I guess that's also true for the federal court, the U.S. Court of Appeals

even though the special prosecutor is trying to get around it. Anyway, walk us through this

because this came out yesterday, just as our show was hitting, and I don't know, it sounded very interesting and sounded very promising

Yeah, it's very interesting. The default position of federal law, Larry, is that you try the whole case

including all the litigation in the trial court first, and then after it's all over, if there's a conviction

jury verdict, and sentence, then the whole kit and cabood will go up to the court of appeals

There are a handful of issues that the courts allow you to get pre-trial appeal on, and one of them is immunity, because if you have immunity from prosecution, the offense is actually having the trial, not just potentially getting convicted

The other important doctrine of law here is that in federal law once there an appeal even if it an appeal pre the district court the trial court Judge Chuckin who you you just referred to loses jurisdiction over the case because the whole case goes up to the court of appeals

So what the Trump people argued, once Chuckin ruled against former President Trump on his immunity claim

Trump appealed to the D.C. circuit. And what Trump argued is that has to freeze the whole case

In other words, she was probably hoping to get through with other pretrial stuff

hearings and all that stuff. And he's saying, you know, you can't do anything. And she agreed

yesterday that she really can't act on the case until the appellate courts decided. And this is

very important to Trump and to the Biden Justice Department. Trump is trying for delay. He wants

to push everything past Election Day. And of course, the Biden Justice Department, the whole

point of this was to try to get him convicted during the campaign prior to election day. So that's

what hangs in the balance. Yeah, but for Shuckin to say what she said. Now, this guy

Jack Smith, the prosecutor, he wants to jump right over the federal appeals court and go right

to the Supremes. But, and I'm going to say, it's my editorial word, not yours. Fony that he is

he's also hedging his best by telling the appeals court to go faster. But whatever, Shuttgart is

saying no we going to have to just wait And wait is a good thing for Donald Trump Yes wait is a good thing But I also think Larry that Smith I believe may have fumbled into a mistake here in his haste to get the immunity issue in front of the Supreme Court

It's understandable why he wants to go fast. I think that's been their plan all along

But the thing is, the only thing he wants the Supreme Court looking at is the immunity claim

And I think that what Donald Trump has always wanted was to get the case in front of the Supreme Court so they can look at the charges

Because Smith may have a better than an even shot to win on

I tend to believe they're all correct. I think that presidential immunity is on the line here

Who's going to want to be president if they decide against this? You're risking the entire presidency on this case, the office of the presidency

And that's where I think a lot of people are not focused. focusing on. I think the Supreme Court will focus on that. I think Trump will win this, and I think

the DC and Georgia cases are dead. I want to know what you guys think. Let me know in the comments

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I'm Carmine Sabia for Explained America on YouTube. We love you guys. God bless you. Take care, everybody