“Smith’s view of how the Supreme Court ultimately constrained his prosecutions — even without “insurrection” charges — becomes clearer later on in the report. There, he discussed the July 2024 immunity ruling, which revealed the court to be hostile to the Smith cases and which granted Trump nearly blanket immunity for official acts. “Before this case, no court had ever found that Presidents are immune from criminal responsibility for their official acts, and no text in the Constitution explicitly confers such criminal immunity on the President,” Smith wrote. Look at what happened with what was understood to be a bedrock principle of the American system: that nobody, not even the president, is above the law. That finding, combined with Trump’s reelection, ultimately ran out the clock on Smith’s prosecution.”
— Smith Considered Charging Trump With Insurrection. The Law Wasn’t Ready.
