Jack Smith Has One More Card to Play in Trump Prosecution, Says Former Prosecutor

 Jack Smith Has One More Card to Play in Trump Prosecution, Says Former Prosecutor

Doug Mills/The New York Times

Jack Smith has faced challenges prosecuting Donald Trump, particularly with his D.C. election subversion case being frozen pending Supreme Court action. However, former U.S. Attorney Barbara McQuade revealed on Sunday that the special counsel has one more trick up his sleeve.

Trump faces charges related to the January 6, 2021 insurrection and efforts to allegedly undermine the 2020 presidential election, where Joe Biden defeated him. With the case stalled, analysts suggest it might not reach trial before the upcoming election.

McQuade appeared on MSNBC to discuss the pending case. When asked by the host about the potential Supreme Court ruling and who decides which of Trump’s actions can be subject to criminal prosecution, she explained, “Well, that is a line drawing I think we are going to see.”

“I don’t think it’s going to be — everything is immune or nothing is immune. I think that we will engage in some line drawing. It could be, one argument is, anything that Donald Trump did in his capacity as president is immune, and that which he did in his capacity as a candidate is not immune,” she said. “If, for example, that is where they decide to draw the line, they need to have a hearing to go through all of the allegations in the indictment and decide, was Donald Trump acting in his capacity as president when he did this, or as a candidate?”, as per reports the Washington Times.

She continued by clarifying, “I think much of it is no question as a candidate. To me, in my mind, the one area of question is directions to the Justice Department, which, although they may have been an abuse of his power, may arguably have been within his power.”

McQuade then outlined Smith’s potential strategy: “Jack Smith has one more card to play, which is to dismiss any allegations that are arguably within the scope of presidential power and proceeding with what is left, which would be a bulk of the indictment,” she said. “I think ultimately, this case is going to go to trial and the allegations are going to stay, the indictment is going to be there. The question is, when will that be there?”

This insight suggests that despite the current hurdles, the prosecution against Trump may still proceed with the majority of the charges intact, depending on the Supreme Court’s forthcoming decision and subsequent legal maneuvers.

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