During an interview on a conservative podcast, Donald Trump said he would fire special prosecutor Jack Smith “in two seconds” if re-elected. He called Jack Smith, who has several cases against him, “a very dishonest man.” For more than a year, the prosecutor has been one of the favorite targets of Donald Trump's attacks. For their part, his lawyers called Thursday for the cancellation of the ongoing proceedings against their client before Judge Tanya Chutkan, arguing that the appointment of Jack Smith as special prosecutor is unconstitutional.
They rely on a decision rendered on July 15 by Judge Aileen Cannon in Florida, in another case instructed by Jack Smith, which concerns the retention of classified documents by Donald Trump after his departure from the White House. Judge Aileen Cannon quashed the proceedings, citing a violation of constitutional provisions on appointments and expenses related to the appointment of Jack Smith. This decision is currently under appeal.
A procedure initiated for months
As part of the case relating to attempts to overturn the results of the 2020 election, Jack Smith revised his indictment on August 27, following a Supreme Court decision on July 1, which recognizes to the President of the United States a “broad presumption of criminal immunity”. However, in a voluminous written document, Jack Smith developed his arguments by specifying that Donald Trump's actions in 2020 were of a private nature and did not fall within his official duties as president, therefore not covered by this immunity.
According to him, Trump, after his defeat against Joe Biden, “with the help of private accomplices, embarked on a series of increasingly desperate plans to overturn the legitimate results in seven states that he had narrowly lost “. Jack Smith also pointed out that “the heart of the scheme was private in nature”, as Donald Trump “extensively used private actors and his campaign structures to attempt to overturn the results of the election” and acted in as a candidate, not as president.
