Fox News legal analyst Gregg Jarrett said on Monday that special counsel Jack Smith’s emergency appeal to the Supreme Court “smacks of election interference.”
Smith asked the Supreme Court to rule on former President Donald Trump’s assertion of immunity Monday, seeking to bypass the United States Court of Appeals for the District of Columbia Circuit. Trump’s attorneys said he was acting in his capacity as president when they appealed a ruling by United States District Judge Tanya S. Chutkan against a motion to dismiss the case.
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“Special counsel Smith wants to basically butt in front of the line and skip the normal step to send the case directly to the Supreme Court for an expedited ruling,” Jarrett told Fox Business host Larry Kudlow. “The Supremes don’t like that and the prosecutor wants the trial to happen in March in the middle of primaries. Why? He fears that any delay of typical appellate rule would interfere with his plans to gain a trial and conviction before the election which, frankly, smacks of election interference.”
“I think most Americans see it that way, which is why Trump’s support continues to go up,” Jarrett added. “You know the justices will likely see this for what it is, Larry. It’s pretty rare for them to accept any case without a decision by the D.C. Circuit Court, so I tend to doubt that they’re going to take the direct appeal.”
Smith prosecuted then-Republican Gov. Bob McDonnell of Virginia over receiving gifts and secured a conviction that the Supreme Court unanimously threw out.
“He was acting consistent with his sworn duties as president to uphold and enforce all laws, Larry, that includes laws that require free and fair elections without fraud or faulty vote counting,” Jarrett said. “And if that is how he is acting, he enjoys absolute immunity.”
The Supreme Court agreed to hear Smith’s request on an expedited basis on Monday.
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