Smith's new indictment against the former president, a legal surprise announced this week, is a naked attempt to skirt a recent U.S. Supreme Court ruling that gives broad immunity to former presidents for official acts that they performed while in office.
Abraham Hamilton III, a radio host and general counsel at the American Family Association, studied the new indictment. He concludes the legal fight will not be resolved before Election Day because Trump attorneys will file a motion – or even several – asking the court to dismiss the case.
“More than likely the issue is going to be brought all the way back up to the Supreme Court again,” he predicts. “It's going to take a long time.”
Christian Adams, a former Justice Department Attorney, currently leads Public Interest Legal Foundation. He says Smith, in the new indictment, was attempting to conform it to the high court’s ruling on presidential immunity.
“In other words, he had to make specific allegations that some things were nonofficial and others were official in order to address that Supreme Court case," Adams explains.
Looking ahead, Adams says the court case will likely move up to two federal courts before it makes its way to the U.S. Supreme Court.
“Because it's two different federal circuits,” he says, “it's more likely the Supreme Court would look at it if you got conflicting opinions."
Editor's Note: The American Family Association is the parent organization of the American Family News Network, which operates AFN.net.
