Legal expert Elie Honig believes Special Counsel Jack Smith can still impact former President Donald Trump’s election interference case, despite recent challenges.
In a recent post for CAFE.com, Honig discussed how the Supreme Court’s July decision granting former presidents immunity from prosecution for “official acts” could limit Smith’s case. This ruling may exclude essential elements, such as Trump’s alleged attempts to pressure Mike Pence and influence the Justice Department.
Honig pointed out that given the current delays, there’s almost no chance the trial will occur before the November 2024 election.
However, he also mentioned that Smith might pursue an evidentiary hearing. “Judge Chutkan can—and likely will—order a hearing to allow Smith to present his most compelling evidence before voters head to the polls,” Honig noted.
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An evidentiary hearing is a legal process where witnesses testify under oath, helping the judge determine the admissibility and relevance of the evidence presented. Unlike a trial, it doesn’t focus on establishing guilt or innocence but rather on legal arguments and evidence rules.
During this hearing, Honig suggested that Smith could call key witnesses, like Trump’s former chief of staff Mark Meadows and Mike Pence, to detail their experiences surrounding January 6. Meadows could recount critical events, while Pence could describe the intensity of Trump’s pressure tactics to overturn the election results.
Although an evidentiary hearing may lack the drama of a full trial, it could still significantly affect Trump’s standing in the polls. “Picture Trump’s former allies testifying about how he attempted to undermine democracy just weeks before the election—that’s bound to have repercussions for his campaign,” said Honig.
Smith is pursuing multiple charges against Trump, including conspiracy to defraud the United States and obstruction of an official proceeding, linked to an alleged campaign to alter the 2020 election outcome. Trump’s legal team contends that he was acting within his presidential duties, deserving immunity from prosecution.
The recent Supreme Court ruling distinguished between official and unofficial conduct, stating courts shouldn’t assess the President’s motives. With the potential for Trump to be re-elected while facing trial, he could be America’s first convicted felon to assume the presidency, following a recent conviction in a hush money case.
Currently, polling shows Trump is narrowly trailing Vice President Kamala Harris, with him at 43.7 percent compared to her 46.3 percent, according to FiveThirtyEight.