History of Jack Smith's courtroom smackdowns after landmark loss in Trump immunity case
Special prosecutor Jack Smith suffered two major legal setbacks this week after the Supreme Court ruled against his efforts in two pending cases.
On Monday, the high court ruled that presidents enjoy limited immunity for official presidential actions. On Friday, the high court ruled in favor of a Jan. 6 defendant charged with obstruction for his involvement in the 2021 Capitol riot.
Both decisions significantly set back Smith's case against former President Trump and add to an already checkered legal track record.
Smith was appointed in 2022 by Attorney General Merrick Garland to oversee an investigation into whether Trump was involved in the Jan. 6, 2021, Capitol riot and any alleged interference in the 2020 election result.
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Smith charged Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
He had pushed to try Trump before the 2024 election, but the Supreme Court's decisions provided a setback to the trial schedule and a blow to the legal merits of the case.
"I think a big problem is that prosecutors in general often overcharge, partially because it puts a lot of pressure on defendants to accept a plea deal," John Shu, a constitutional attorney who served in both Bush administrations, told Fox News Digital.
"Jack Smith long has had a reputation, both at (the Eastern District of New York) and main Justice, of being a hyper-aggressive prosecutor. What makes him unusual is that he seems willing to overstretch the meaning and intent of the law in order to meet his conviction and high