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This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for… - Jack Smith
" "This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin. The district court rejected respondent's claims, correctly recognizing that former Presidents are not above the law and are accountable for their violations of federal criminal law while in office. App., in- fra, 7a-38a, 46a-53a. Respondent's appeal of the ruling rejecting his immunity and related claims, however, suspends the trial of the charges against him, scheduled to begin on March 4, 2024. It is of imperative public importance that respondent's claims of immunity be resolved by this Court and that respondent's trial proceed as promptly as possible if his claim of immunity is rejected. Respondent's claims are profoundly mistaken, as the district court held. But only this Court can definitively resolve them. The Court should grant a writ of certiorari before judgment to ensure that it can provide the expeditious resolution that this case warrants, just as it did in United States v. Nixon, 418 U.S. 683, 686-687 (1974).
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About Jack Smith
John Luman Smith (born 5 June 1969) is an American attorney who has served in the United States Department of Justice as an assistant United States Attorney, acting United States Attorney, and head of the department's Public Integrity Section. He was appointed in November 2022 as a special counsel for two Department of Justice investigations involving former president Donald Trump.
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John L. Smith
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John Smith
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John Luman Smith
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Additional quotes by Jack Smith
The men and women of the United States intelligence community and our armed forces dedicate their lives to protecting our nation and its people. Our laws that protect national defense information are critical to the safety and security of the United States and they must be enforced. Violations of those laws put our country at risk. Adherence to the rule of law is a bedrock principle of the Department of Justice. And our nation’s commitment to the rule of law sets an example for the world. We have one set of laws in this country, and they apply to everyone. Applying those laws. Collecting facts. That’s what determines the outcome of an investigation. Nothing more. Nothing less. The prosecutors in my office are among the most talented and experienced in the Department of Justice. They have investigated this case hewing to the highest ethical standards. And they will continue to do so as this case proceeds. It’s very important for me to note that the defendants in this case must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law. To that end, my office will seek a speedy trial in this matter.
Today, an indictment was unsealed charging Donald J. Trump with felony violations of our national security laws as well as participating in a conspiracy to obstruct justice. This indictment was voted by a grand jury of citizens in the Southern District of Florida, and I invite everyone to read it in full to understand the scope and the gravity of the crimes charged.
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In 2020, then-President Donald J. Trump ran for reelection against Joseph R. Biden, Jr. Mr. Trump lost. As alleged in the original and superseding indictments, substantial evidence demonstrates that Mr. Trump then engaged in an unprecedented criminal effort to overturn the legitimate results of the election in order to retain power. Although he did so primarily in his private capacity as a candidate, and with the assistance of multiple private co-conspirators, Mr. Trump also attempted to use the power and authority of the United States Government in furtherance of his scheme. As set forth in the original and superseding indictments, when it became clear that Mr.Trump had lost the election and that lawful means of challenging the election results had failed, he resorted to a series of criminal efforts to retain power.
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