Jim Schultz, a former White House ethics lawyer from the Trump era, recently expressed his belief that former President Trump will soon lose his immunity claim amidst multiple federal indictments. On December 22, the Supreme Court decided not to address Trump’s potential prosecution for his actions surrounding the 2020 election. This was after Justice Department special counsel Jack Smith sought to bypass the immediate appeals process and take the matter directly to the Supreme Court, a request the court declined.
The case is now proceeding to the District of Columbia Circuit Court. Schultz, in his analysis, referred to this court as a precursor to the Supreme Court, noting its role in shaping many of its justices. In a CNN interview, highlighted by Mediaite, Schultz predicted a quick resolution by the D.C. Circuit Court, expecting them to dismiss the immunity claim promptly.
Trump’s legal team has argued for his immunity, citing that the actions in question, including the January 6, 2021, Capitol riot, occurred during his presidency. This argument, however, was previously dismissed by the initial judge in charge of the case.
Following Trump’s appeal to the D.C. Circuit Court, Jack Smith countered his immunity assertion. In a legal filing, Smith argued that a former president could be subject to “investigation, indictment, trial, and, if convicted, punishment” for actions taken while in office, just like any other citizen. The document emphasized that although the president holds a unique constitutional position, once out of office, they are subject to federal criminal prosecution like anyone else.