'Elegant': Ex-Nixon counsel says Jack Smith did 'good job in knocking down Trump’s brief'

08 April 2024

Department of Justice special counsel Jack Smith officially filed a brief to the US Supreme Court Monday, urging the high court to smack down Donald Trump's claim of absolute broad immunity against federal prosecution.

In his brief, the special counsel argues while Trump submits that a president should benefit from absolute immunity in order to rightfully represent the country as commander in chief, having "such power would undercut the fundamental structures of American democracy."

Two weeks ahead of the date SCOTUS is set to hear Trump's argument, CNN's Kaitlan Collins spoke with former President Richard Nixon White House counsel John Dean Monday night about his thoughts on the special counsel's approach.

"As you're reading through Jack Smith's argument, I wonder what stood out to you given your experience," Collins said.

"Well, first I thought it was an elegant brief. i've made it very fast trip through it at this stage, and it really relies on two core arguments. One is the historical argument that you mentioned, but before that, he also relies on the basic separation of powers, that if Trump had his way, there'd be no check on a president.

The former Nixon official emphasized, "And that's so contrary to our system, and it's unprecedented, just in asking and even suggesting as a possibility. But you're right, the core of the argument is the historical argument."

Collins replied, "Yeah. They they argue at one point that if Trump's arguments stood, that presidents could commit bribery and treason and sedition, and they list all of this in saying that that's not how it works, but for what part of it seems to be getting at is this idea of official acts versus private acts, and some parts of immunity, the where the ballgame really seems to be is where they argue that even if Donald Trump can make the argument that some presidents do enjoy immunity, that they said 'this is a private scheme with private actors to achieve a private end.' His effort to remain in power, by fraud."

"Well, you're right," Dean said.

"This business of the official or non-official acts, is that Trump is really trying to stretch a civil case into a criminal situation — that's the [Nixon v.] Fitzgerald case. And this brief very clearly knocks that down. First a criminal case is so much more weighty and important in the greater scheme of things in a civil case. So they argue, you can't take the same principles and apply them. Secondly, they go on to argue that again, in a historical context, you cannot take that case and take it the distance, it just won't stretch that far. So it's a good job of knocking down Trump's brief in total. It sort of eclipsed it, [which is] metaphoric for the day."

Watch the video below or at this link.

'Elegant': Ex-Nixon counsel says Jack Smith did 'good job in knocking down Trump’s brief'www.youtube.com

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