Column: Jack Smith's latest push to get Donald Trump's Jan. 6 trial moving before the election

By Harry Litman

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The bulk of the brief Smith filed Monday is a methodical rejection of Trump’s far-fetched claims to immunity from prosecution for attempting to overturn the 2020 election. Smith and his Supreme Court specialist, Michael Dreeben, closely follow the D.C. Circuit Court of Appeals’ persuasive, bipartisan opinion contradicting Trump on all points.

In the last few pages, however, Smith argues for the particular exigency of this case, noting that “even if a former president has some immunity from federal criminal prosecution for official acts, this prosecution should proceed.”

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Smith contends that Trump’s attempt to thwart the peaceful transfer of power is a paradigmatic example of conduct that can’t be immunized. He describes what’s alleged against the former president as “a private scheme with private actors to achieve a private end” — namely, staying in power by fraud.

In what may be the brief’s most consequential phrase, the special counsel insists that the case “should be remanded for trial” on the ground that whatever immunity the Constitution might provide a president, it can’t shield Trump from this prosecution.

https://www.latimes.com/opinion/story/2024-04-10/donald-trump-jan-6-trial-jack-smith-supreme-court-immunity-harry-litman

Good analysis of Smith reply in the SCOTUS immunity case.