Smith's losing streak before the highest court continues as both of his federal indictments against Donald Trump are in peril--as is the special counsel himself.
A series of legal stumbles, bad blood between Smith’s prosecutors and Judge Aileen Cannon in the documents case in Florida, and unfavorable Supreme Court decisions imperil not just Smith’s cases but his media-manufactured reputation as a prosecutorial ace.
How Much Losing Can One Prosecutor Take?
After all, Smith’s losing streak against the highest court goes back nearly a decade; in a 2016 unanimous opinion, SCOTUS overturned the convictions of Bob McDonnell, the former Republican governor of Virginia, and his wife—a case Smith brought as head of the DOJ’s public integrity unit during the Obama administration.
Earlier this year, SCOTUS rejected Smith’s request to circumvent the federal appellate court in Washington and immediately take up Trump’s immunity challenge to the J6 indictment.
But the real damage to Smith came in the form of two consequential decisions handed down in the final days of the court’s term: Fischer v US [denying a broad reading of an obstruction statute] and Trump v US [on presidential immunity]. ...
And if that isn’t bad enough news for Smith, Cannon also is contemplating a motion to dismiss based on Garland’s unconstitutional appointment of the special counsel. On that score, Smith did not fare any better before SCOTUS.
