Legal expert explains how Jack Smith's Supreme Court petition could end badly for him — and Fulton County DA Fani Willis

For special counsel Jack Smith, his petition to the Supreme Court could have a tremendous downside, legal expert Elie Honig explained on Monday.

Smith is asking the Supreme Court to decide if former President Donald Trump is immune from federal prosecution for alleged crimes committed while he was president and whether Trump is constitutionally protected from federal prosecution, on double jeopardy grounds, if Congress has already acquitted him for the same conduct that Smith is prosecuting.

On CNN, Honig explained how Smith's petition could end badly for him and, by extension, Fulton County District Attorney Fani Willis (D).

"If Donald Trump is to win here, obviously Jack Smith's federal election interference case is out the window," Honig said.

"I also think Fani Willis's case is doomed," he explained. "Yes, that is a state level case, but the principles of immunity would apply whether it's federal or state level prosecution. Again, that's if Trump wins."

Both cases attempt to prosecute alleged crimes that took place during Trump's presidency. Thus, if the Supreme Court rules that presidential immunity applies in these cases, Trump would be protected from prosecution.

The other two criminal cases pending against Trump, however, would not be impacted, Honig explained, because they target alleged criminal conduct that happened before Trump was president or after Trump left office.

The Supreme Court agreed to expedite review of Smith's request, giving Trump's legal team until Dec. 20 to respond. Smith submitted his request because Trump's lawyers appealed District Judge Tanya Chutkan's ruling that Trump is not immune from prosecution, thus halting proceedings until an appeals court rules on the issue.

The motivation for Smith's request is spelled out in the petition. He doesn't want the trial — which is set to begin on March 4, one day before Super Tuesday — to be delayed.

Still, the Supreme Court may not ultimately grant Smith the review he is seeking.

"The question is whether the Supreme Court’s going to feel that that is such an urgent priority that you actually bring this case before Super Tuesday," constitutional law scholar Jonathan Turley said.

"Usually the Supreme Court likes to hear from multiple court of appeals. They certainly want normally to hear from at least one on these issues," he explained. "And so they may not have the same sense of priority as Smith, who seems almost obsessed with trying Trump before the election."

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!