Legal Analyst Explains How Jack Smith’s Court Petition Could Blow Up On Him

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CNN senior legal analyst Elie Honig said Monday two cases against former President Donald Trump could fall apart if the Supreme Court rules in his favor.

The Biden administration informed the Supreme Court that Hardison should not be overturned due to the Equal Employment Opportunity Commission (EEOC)’s enforcement of Title VII, as well as many lower courts recognizing the decision as providing significant protection for religious employees.

“If Donald Trump is to win here, obviously Jack Smith’s federal election interference case is out the window,” Honig said.

“I also think Fani Willis’s case is doomed,” he explained. “Yes, that is a state-level case, but the principles of immunity would apply whether it’s federal or state-level prosecution. Again, that’s if Trump wins.”

Smith has petitioned the Supreme Court to expedite their review of a request to determine if Trump is immune from prosecution, as District Judge Tanya Chutkan ruled.

His appeal is motivated by the fact that two criminal cases against Trump are set to begin on March 4th, one day before Super Tuesday.

The Supreme Court has given Trump’s legal team until December 20th to respond and decide whether or not presidential immunity applies in these cases.

If it does, then Trump would be protected from prosecution; however, this would not impact the other two criminal cases against him pertaining to alleged criminal conduct prior to his presidency or after he left office.

Ultimately, the Supreme Court may not grant Smith the review he seeks.

“The question is whether the Supreme Court’s going to feel that that is such an urgent priority that you actually bring this case before Super Tuesday,” constitutional law scholar Jonathan Turley said.

“Usually the Supreme Court likes to hear from multiple court of appeals. They certainly want normally to hear from at least one on these issues,” he explained. “And so they may not have the same sense of priority as Smith, who seems almost obsessed with trying Trump before the election.”

ICYMI: GA Supreme Court Rules On GOP Efforts To Remove DA Willis in Trump Case

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