Special Counsel Jack Smith, gearing up for the highly anticipated trial of former President Donald Trump, has outlined a list of theoretical yet scandalous crimes that hint at explosive revelations. These hypothetical offenses, ranging from accepting bribes to selling nuclear secrets, are part of Smith’s argument against Trump’s claim of extensive presidential immunity.
The list, suggesting potential scenarios like instructing the FBI director to fabricate evidence against a political adversary or ordering military action against critics, was presented to demonstrate the dangerous implications of Trump’s immunity claims. Prosecutors argue that such immunity could allow Trump to behave with unchecked power, akin to a monarch, while in office.
In their legal submissions, including those to appellate judges and U.S. District Judge Tanya Chutkan, prosecutors have consistently highlighted these hypothetical but scandalous Trump crimes. This tactic is part of the broader legal strategy ahead of the criminal trial set to begin in March, a timing that coincides with the peak of state primary elections, potentially impacting Trump’s presidential campaign.
The central issue for the D.C. appellate judges to consider is the extent to which Trump can shield himself from criminal prosecution by justifying his actions as official presidential duties. Prosecutors emphasize that such broad immunity could pose a significant threat to the nation’s democratic structure.
These speculative and scandalous examples have sparked interest among legal experts and commentators. Prominent lawyer George Conway, known for his connections to the Trump administration through his ex-wife Kellyanne Conway, remarked on the unusual yet telling nature of these hypotheticals.
As the prosecution team maintains a discreet profile, the public and media are left to interpret these court documents’ implications. The inclusion of these specific and scandalous Trump crimes in the prosecution’s argument appears to be a strategic move by Smith, preparing the ground for what could be a groundbreaking trial.
