Former FBI assistant director-turned attorney Chris Swecker thinks Donald Trump has a good chance of walking free from his Jan. 6 case, Newsweek reported.
Special Counsel Jack Smith asked on Monday that the U.S. Supreme Court fast-track a decision on whether Trump has presidential immunity, to which the Court replied that it would quickly decide on whether to hear the case.
Swecker told Newsweek that he thinks the Court will rule in Trump's favor.
"I wouldn't say the Supreme Court is a friendly forum for Trump, but this Supreme Court will stick to strict construction of constitutional issues and try to determine the intent of the founders when it comes to constitutional issues," he said. "They will not try to create new law. So I think Trump has a strong chance of prevailing."
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Swecker added that Smith's case against Trump is entirely based on statements Trump has made and it's always "a strain to try to make the evidence fit the elements of the crime."
But former federal prosecutor Neama Rahmani disagrees, telling Newsweek that the Court will likely rule against Trump.
"Presidential immunity is unlikely to apply to Trump's conduct, even in the conservative Supreme Court," he said, adding that the civil courts "have routinely held that campaigns and elections are not part of a president's official duties, and therefore the president is not immune from lawsuits related to campaign activities."
"Though it hasn't been tested, the same logic should apply to a criminal prosecution, especially when criminal activity is less deserving of protection than civil claims," he said.
