Former special counsel Jack Smith sharply criticized the Supreme Court‘s landmark decision that found that then former-President Donald Trump and other presidents are immune from criminal prosecution for official acts taken while in office, warning that the ruling could make it nearly impossible to hold powerful officials accountable.
In his first public remarks since Trump’s return to the White House, Smith said the justices’ July 2024 majority opinion in Trump v. United States “strongly weighted the other considerations” presented in the case rather than, in his view, the rule of law. Smith said the resulting ruling was “tantamount to saying you can never prosecute powerful, high officials.” The high court ultimately found that former presidents are not immune from prosecution for “unofficial acts” taken while in office but have absolute immunity from prosecution for “official acts.”
