WASHINGTON — Mike Davis, Founder and President of the Article III Project, issued the following statement as the Supreme Court today held a hearing on President Donald Trump’s right to claim presidential immunity regarding official acts in criminal cases against him.
“After listening to arguments at the Supreme Court, it’s clear the justices will narrowly hold the President of the United States—any president—is immune from criminal prosecution for official (not personal) acts. Additionally or alternatively, the Court will reaffirm criminal statutes do not apply to the President, unless they are explicit. The Court will remand Jack Smith’s January 6th case to DC Obama Judge Tanya Chutkan for an evidentiary hearing. Her decision is immediately appealable to the DC Circuit, and the Supreme Court could take the case again before trial. The Court’s likely holding will also substantially affect Fani Willis’ January 6th case—and may affect Jack Smith’s presidential-records case. And the Supreme Court’s Fischer decision on obstruction will likely destroy two of Jack Smith’s four January 6th charges against Trump. Only 20% of Jack Smith’s January 6th case will remain. The case will not get tried before the election.
“Bottom line: This will become a historic win for President Trump—and the presidency and our country. This is a big step toward undoing the Democrats’ republic-ending lawfare and election interference against President Trump.
“Biden is attempting to establish a dangerous precedent that presidents can face prosecution for their official acts. If presidential immunity doesn’t exist, then a Trump 47 Justice Department could prosecute Barack Obama for capital murder for ordering a drone strike on two American citizens, one of whom was a minor. Joe Biden could also face prosecution for his illegal mass-parole of millions of illegal immigrants—and their resulting crimes. George Bush and Dick Cheney could face prosecution if they lied to drive us into the Iraq War. This is not a path we want to go down as a country. This unfounded assault on Joe Biden’s chief political opponent is a grave threat to our system of government,” said Mike Davis.
