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Journalist: Biden May Prefer Executive Immunity to Trump Prosecution

© AFP 2023 / MARK FELIXFormer US President and 2024 Republican Presidential hopeful Donald Trump speaks during a campaign event at Trendsetter Engineering, Inc. in Houston, Texas, on November 2, 2023.
Former US President and 2024 Republican Presidential hopeful Donald Trump speaks during a campaign event at Trendsetter Engineering, Inc. in Houston, Texas, on November 2, 2023. - Sputnik International, 1920, 13.12.2023
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Jack Smith, the special counsel who has brought two cases against former US President Donald Trump, asked the Supreme Court to rule on whether Trump can be prosecuted for his alleged attempts to overturn the 2020 Presidential election.
One of Trump’s primary defense strategies has been to claim he has executive immunity for actions he took as President.
Sputnik’s The Final Countdown hosts Angie Wong and Ted Rall spoke with Redstate.com front page contributor and Iraq War veteran Neil McCabe about Smith’s decision and its implications for Trump’s case and the executive branch.
“I think what is really going on is Jack Smith is throwing a constitutional Hail Mary, and what he is potentially going to do if the Supreme Court rules with it, is change the very nature of the Presidency [by] separating political acts, which would be subject to criminal sanctions and whatnot and official acts,” McCabe explained, adding that the US Presidency is unique because it combines both the head of state and head of government into one office when typically countries have a Prime Minister and a President serve in those roles individually.

“If suddenly the Supreme Court says that when Trump was asking about election irregularities, he was doing that as a self-interested candidate and not as the country’s chief law enforcement officer, all of a sudden it opens up a whole range of possible legal jeopardies for the President of the United States,” McCabe explained.

However, McCabe questions if such a decision would be welcomed by Smith’s ultimate boss, US President Joe Biden.

“I think the Supreme Court is compromised and may decide to give Smith some of what he wants, but Smith’s ultimate boss is Joseph R. Biden Jr and maybe he would prefer to have some immunity himself as people unwind his relationship with Hunter [Biden],” McCabe mused. “That is sort of the subtext because whatever is done to Trump can then be done to Biden.”

As mentioned in the interview, the Supreme Court said that it plans to decide if it will hear the case by December 20. Trump’s trial relating to his actions on January 6 is set for March 4 and it is expected that if the Supreme Court agrees to hear the case, it will rule before that date.
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