Nixon vs Fitzgerald
In this case, it was brought forth to settle the issue of immunity of the Presidential powers when in office and it was settled in cleared words. In which it states." that the President is not immune from criminal charges stemming from his official or unofficial acts while he is in office" . The case went further on talking Official Acts. Meaning speechs that are of an official capacity of the Office of the Presidency. The Jan 6, 2023 should Not be an Official Act of the Presidency for no mention of the government interest was spoken and the event was set as assembly of Trump Supporters to gather to Stop the Steel /Save America rallies.
In 2023, lawsuits and criminal charges have been impose over the lies of the Presidential 2020 Election that brought forth the ralliers that then turned in Insurrectist. One court even found Trump to be an Insurrectist over this rally and should be barred to hold any public office.
So, perhaps the Supreme Court actually did do it right and require the court appeals to take the case. In that future Court of Appeals case, they could use other court opinions and the Nixon vs Fitzgerald ruling to assert Trump has no immunity over his Non-official Acts on January 6, 2021. Once it is appealed to the US Supreme Court, a decline to take the case could again be easily given as the current decline over the case; thus keeping Mr. Jack Smith case on track for start of the case. United States vs. Donald J Trump
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