CNN senior legal analyst Elie Honig said Monday two cases against former President Donald Trump could fall apart if the Supreme Court rules in his favor.
Special Counsel Jack Smith asked the Supreme Court on Monday to consider Trump’s claim on whether he is immune from prosecution over his alleged attempts to overturn the 2020 presidential election. The former president moved to have his case dismissed in October, arguing his actions fell in line with his official duties as president.
Smith’s petition to the court comes three months before the set trial date scheduled for March 4.
Honig warned both Smith and Fulton County District Attorney Fani Willis’ cases against Trump could be “out the window” if the Supreme Court sides with the former president.
“If Donald Trump is to win here, obviously Jack Smith’s federal election interference case is out the window,” Honig said during a Monday segment of “The Lead with Jake Tapper.” “I also think Fani Willis’ case is doomed. Yes, that is a state-level case, but the principles of immunity would apply whether it’s a federal or state-level prosecution. Again, that’s if Trump wins.”
CNN’s Elie Honig names one thing that could doom cases against Trump pic.twitter.com/4yokeNaS6K
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Honig said the ruling would not impact Manhattan District Attorney Alvin Bragg’s case against Trump. In this case, the former president faces 34 counts of falsifying business records in connection to alleged hush money payments to former porn actress Stormy Daniels. (RELATED: Jack Smith Slams Trump’s Presidential Immunity Claim As Unsupported By American History: ‘No One Is Above The Law’)
He further argued it would not affect Smith’s prosecution regarding Trump’s handling of classified documents since it occurred after he left office.
Smith indicted Trump on four counts in early August over his alleged attempts to overturn the 2020 presidential election results on January 6, 2021. He is charged with conspiracy to defraud the United States, conspiracy to corruptly obstruct and impede the January 6 proceedings and a conspiracy against the right to vote and to have one’s vote counted.
Willis charged the former president with thirteen charges for allegedly attempting to overturn the 2020 election in the state. Among these charges include an alleged violation of Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act, Conspiracy To Commit Forgery in the First Degree and Conspiracy To Commit False Statements and Writings.