Pro-Trump defense attorney says Jack Smith will win Supreme Court gambit

A criminal defense attorney who opposes Donald Trump's prosecutions said that he expects special counsel Jack Smith to prevail in his plea for the Supreme Court to allow the case to move forward.

Hours after Smith took his case to the Supreme Court, attorney Ken Belkin explained why the special counsel would likely prevail. Trump has appealed the case, claiming he is immune from prosecution for election interference because he was president at the time of the alleged crime.

"If [Smith] loses it, I guess that then this whole case gets thrown out," Belkin told Newsmax on Monday. "But I don't see that. It's a question of fact, not law."

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"So it's really proper for the trier of fact, meaning the jury, to determine if he was acting within the scope of his presidential authority or not," he said.

The attorney, however, said he opposed Trump's prosecution.

"This really reeks of election interference," he opined. "I mean, how many trials is this man running for president supposed to participate in in the opening months of the election year 2024?"

"Because he's got the Georgia trial slated to start a few weeks before this one," Belkin added.