60%. That is what appears to be left of Special Counsel Jack Smith’s case against former U.S. President Donald Trump for election interference following the Supreme Court’s decision on Monday that most official acts of a president are immune from criminal prosecution.
It seems that three of the five alleged schemes may go forward, though only after litigation that will surely return to the Supreme Court before the case goes to trial, likely well into 2025. Even then, the case will probably survive only if Trump does not return to the White House. If reelected, Trump would almost certainly appoint an attorney general who dismisses the case that he insists is a witch hunt.
In its opinion, the court drew a distinction between official acts, those performed within the scope of a president’s duties, and unofficial acts, things the president does in their personal capacity. Under that reasoning, ordering a drone strike on a terrorist would be immune from prosecution; shooting someone on Fifth Avenue would not.
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