On Monday, CNN senior legal analyst Elie Honig suggested that two cases against former President Donald Trump might collapse if the Supreme Court rules in Trump’s favor.
Special Counsel Jack Smith has petitioned the Supreme Court to review Trump’s claim of immunity from prosecution over alleged efforts to overturn the 2020 presidential election. Trump sought the dismissal of the case in October, contending that his actions were within the scope of his official duties as president. Smith’s request to the court comes just three months ahead of the scheduled trial date on March 4.
Honig cautioned that both Smith’s federal election interference case and Fulton County District Attorney Fani Willis’ state-level case against Trump could be jeopardized if the Supreme Court supports the former president.
“If Donald Trump is to win here, obviously Jack Smith’s federal election interference case is out the window,” Honig stated during a segment on “The Lead with Jake Tapper” on Monday. “I also think Fani Willis’ case is doomed. Yes, that is a state-level case, but the principles of immunity would apply whether it’s a federal or state-level prosecution. Again, that’s if Trump wins.” Honig clarified that the ruling would not impact Manhattan District Attorney Alvin Bragg’s case against Trump, which involves charges of falsifying business records related to hush money payments to Stormy Daniels. He also noted that it would not affect Smith’s prosecution related to Trump’s handling of classified documents, as it occurred after he left office.
Smith indicted Trump in August on four counts, accusing him of conspiracy to defraud the United States, conspiracy to corruptly obstruct and impede the January 6 proceedings, and conspiracy against the right to vote and to have one’s vote counted in connection with his alleged attempts to overturn the 2020 election results.
Willis charged Trump with thirteen charges in Georgia for his purported efforts to overturn the 2020 election in the state, including alleged violations of Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, Conspiracy To Commit Forgery in the First Degree, and Conspiracy To Commit False Statements and Writings.