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that presidents are immune from criminal prosecution for “official acts” but may still be prosecuted for unofficial acts. However, the ruling did not clearly define the boundary between the two, leaving the task now to lower courts to determine the extent to which Trump enjoys immunity under the new precedent.
“With respect to Smith, the fascinating part is he’s been on both sides of the equation hasn’t won on either side yet,” Kelsey said.and his classified documents indictment in Florida. It is also expected to lead to fresh motions to dismiss or limit the state charges Trump faces in Georgia for alleged election interference.
Kelsey suggested if Smith seeks to bypass any further delays, given the potential for Trump to win reelection and dismiss the federal cases against him, then the special counsel ought “to go back into this indictment and figure out, ‘Is there a method by which I can get rid of everything that they can plausibly claim to be immune?'” The lawyer noted it wasn’t clear to him whether the special counsel would be willing to trim his indictment for the sake of getting a trial underway.
Smith is in the process of fighting this claim, arguing on Friday in a court filing in Trump’s classified documents case that Thomas’s opinion “neither binds this Court nor provides a sound basis to deviate from the uniform conclusion of all courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.”the special counsel argument.
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