If you want to know why Special Counsel Jack Smith went directly to the Supreme Court this week, look at the calendar. Smith is asking the high court to state what ordinarily would be beyond doubt: That a president who tries to steal an election by lies, intimidation, violence and the abuse of official power can be prosecuted.
But Smith’s challenge has less to do with this legal question and everything to do with the clock. To understand why, we need to understand how weak former President Donald Trump’s immunity claim is and how it relates to his overall legal strategy.
Smith is seeking the high court’s review of Judge Tanya Chutkan’s decision on Dec. 1 that former presidents have no sweeping immunity from the criminal process. Trump’s claim of immunity is not unfamiliar. Back in 1977, then-former President Richard Nixon pithily expressed the same view to a British journalist when he said, “Well, when the president does it, that means that it is not illegal.”
Originals source can be found here.