At the appointment of Special Counsel Jack Smith in the Supreme Court Immunity Case, Clarence Thomas Swaps
The court further declared that prosecutors could not prove that a president’s unofficial actions are illegal by citing official actions as proof.
The DOJ’s prosecution of former President Trump in the District of Columbia must now be carefully reevaluated by Special Counsel Jack Smith and Attorney General Merrick Garland in light of the findings of the Fischer opinion on Friday, which effectively nullified the main thrust of the DOJ’s two Sarbanes-Dodd opinion.-Oxley blockage.
The court ruled that Trump is “absolutely immune from prosecution” with regard to his discussions with Justice Department officials after the 2020 election and “presumptively immune” with regard to alleged pressure on Vice President Pence. As a result, the two remaining charges related to voting rights and fraud are, at best, extremely tenuous. This is especially true given that the court prohibited the use of or analysis of Trump’s motivations, and the DOJ’s theory of prosecution contains numerous legal flaws.