Smith's chances of convicting Donald Trump might be higher if the ruling had come down earlier.
of Amicus, Dahlia Lithwick and Mark Joseph Stern discussed the implications of the court’s decision for the case against Trump. Their conversation has been edited and condensed for clarity.The Supreme Court decided a case this week, which asks: What happens when the government prosecutes a defendant in the wrong venue? Justice Alito gave us the answer in a unanimous opinion inSmith—that is, Special Counsel Jack Smith, who’s prosecuting Donald Trump.
This case loomed large in our minds last week when we talked about venue and why Smith had filed charges in Florida and not D.C. Does this: Let’s just look at it through the lens of the Trump indictment. Imagine that Jack Smith had brought his charges against Trump in the District of Columbia instead of South Florida. Say he went through the whole trial, secured a guilty verdict and a sentence, and then had a higher court say: “Actually, this was the wrong venue in which to bring the case.
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