President Trump, Jack Smith, and the Case of the ‘Outer Perimeter’

What was actually believed by the 45th president, who — like all presidents — the Supreme Court has ordained, at least in a civil case, enjoys absolute immunity to the outer edge of his official responsibilities?

AP/Charlie Riedel
President Trump during a rally July 7, 2023, at Council Bluffs, Iowa. AP/Charlie Riedel

President Trump’s call, on Truth Social, for the Supreme Court to “intercede” in the January 6 criminal case against him could prefigure a formal appeal and underscores the unpredictability of the path ahead in a case without parallel in American history. 

United States v. Donald J. Trump is unusual not just for the profile of its defendant, but also for the facts to which Special Counsel Jack Smith will have to match his theories of Mr. Trump’s culpability if he is to secure a conviction. The demands of his case could provide ample opportunity for high court intervention. 

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