Jack Smith Could Use a Supreme Court Footnote To Help Convict Trump — If He Can Get the Evidence Into Court
While the January 6 case awaits remand, the special counsel now has a deadline next month to submit his appeals brief for the Mar-a-Lago one.
Buried in a footnote in the Supreme Court’s landmark immunity decision in Trump v. United States is a loophole that could result in the prosecution of a president — possibly Donald Trump.
The high court, by a 6-to-3 margin, held that a president’s official acts are presumptively immune, and unofficial ones do not possess immunity. Actions that are at the heartland of presidential prerogative, like dispensing pardons, are “absolutely” immune.
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