Former federal prosecutor Joyce Vance has suggested that the Supreme Court might consider an appeal involving Donald Trump’s case over alleged election fraud. Her commentary comes after the release of a substantial 165-page evidence brief outlining the prosecution’s case.
Trump has consistently denied wrongdoing, claiming he is being targeted in a political witch hunt. He has also accused the leading prosecutor, Jack Smith, of trying to disrupt the 2024 presidential election through his legal actions.
In her recent blog post, Vance elaborated that much of the evidence presented focuses on Trump’s personal actions rather than his presidential duties. This distinction could prompt a second Supreme Court ruling on the matter, particularly regarding the legal boundaries of presidential immunity established in a prior decision.
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The outcome of this appeal will largely depend on how trial judge Tanya Chutkan interprets the evidence. Vance noted, “Trump can challenge her decisions on what is protected by immunity, while the prosecution could contest her determinations on what is not.” This back-and-forth could expedite a Supreme Court review if the appeals court forwards the case quickly.
Vance speculates that the government may seek a direct Supreme Court hearing, bypassing the appellate process. “They did try this previously but were denied; however, there is now little reason for the Court of Appeals to interpret the Supreme Court’s immunity ruling,” she remarked.
In late August, Smith updated the indictment against Trump, adapting it to align with the Supreme Court’s previous ruling that protects certain presidential acts from scrutiny. Notably, this revision excluded Trump’s alleged attempts to pressure the Department of Justice regarding false claims about the 2020 election results.
Despite these adjustments, Vance pointed out that Smith still maintains a robust case. “It’s clear that Smith believes he has plenty of evidence left after the Supreme Court’s decision, arguing that most of it falls outside of presidential immunity,” she noted.