‘That’s How High The Stakes Are’: CNN Legal Analyst Explains The One Way Jack Smith’s Jan. 6 Case Could Be Over

CNN’s senior legal analyst Elie Honig explained Thursday how special counsel Jack Smith’s Jan. 6 case against former President Donald Trump could be squashed.

Honig made the comment while discussing Smith’s efforts to expedite his case by getting the U.S. Supreme Court to determine whether Trump is entitled to immunity instead of waiting for the D.C. Circuit Court to rule.

“Why would the justices want to look at the immunity issue now or not now?” CNN’s Kate Bolduan asked. “What does it hinge on and what do you think — if they take it up, what they would do?”

“I think this will end up in the Supreme Court. It’s a constitutional issue. It’s an issue that we don’t really have precedent on, and that we need some guidance on,” Honig responded. “I think they will take it up before the election happens. I’m not sure they’ll expedite it anymore, they may want to let it go through the Court of Appeals.”

“So the March 4 date is very clearly probably in question?” Bolduan asked, referring to the trial start date Smith requested.

“I think either way, whether it’s expedited or not, March 4 is in big trouble. And keep in mind, it’s not just March 4. Jury selection starts Feb. 9, so even if the Supreme Court says, ‘We’re gonna take this, and we’re gonna expedite it to the highest degree,’ I don’t think they get it done by Feb. 9.”

Honig then said that while it’s not clear how the Supreme Court would rule.

“The best indication we have is there was a somewhat similar case a few years ago involving a subpoena from the Manhattan D.A. in the hush money case, and Trump said ‘Well, I’m president; I don’t have to argue,’ and he lost seven to two. He had Thomas and Alito with him. The other seven were against him,” Honig explained. (RELATED: Jack Smith Collected Images, Website Visits And Usage Data From Trump’s Cellphone, Filing Reveals)

“This is somewhat similar, I think Alito and Thomas would probably be for Trump on immunity,” he continued. “The three liberals will certainly be against Trump on immunity, and that leaves us with Kavanaugh, Gorsuch, Amy Coney Barrett, Chief Justice Roberts. If I had to bet, I would think Trump loses. I think it’s more likely Trump loses, but he’s got a shot here. He has a non-zero chance to succeed. If he does win — by the way — on immunity, Jack Smith’s Jan. 6 case is over. That’s how high the stakes are.”

Trump’s legal team has argued that Smith’s push to expedite the case is dangerous, that an “erroneous denial of a claim of presidential immunity from criminal prosecution unquestionably warrants” court review, and that the question should “be resolved in a cautious, deliberative manner…not at breakneck speed.”

The D.C. Circuit Court of Appeals had already expedited review of Trump’s appeal, with oral arguments slated to begin Jan. 9.