Trump and Smith Assemble Legal Teams for Potential Supreme Court Showdown
ICARO Media Group
Donald Trump and Jack Smith are gearing up for a potential Supreme Court showdown, both bolstering their legal teams to navigate the high-stakes legal battle. However, a stark contrast in experience arises when comparing the two teams' familiarity with arguing before the justices.
Smith, the special counsel prosecuting the former president, has enlisted the services of Michael Dreeben, one of the most accomplished modern Supreme Court advocates. With over 100 cases argued before the high court, Dreeben is a recognized authority on the court's criminal law doctrines.
In contrast, Trump's legal team consists of three lawyers from Missouri - D. John Sauer, Will Scharf, and Michael Talent. None of them are part of the group of seasoned Supreme Court advocates. According to a database of Supreme Court arguments, Sauer has argued a single case, while Scharf and Talent have not argued before the court.
The potential clash between the two teams may arise at the Supreme Court's doorstep. Smith recently filed a petition to the Supreme Court, urging them to swiftly address Trump's claim of immunity from prosecution concerning his alleged efforts to overturn the 2020 election. Smith hopes that an expedited case would allow for Trump's trial in Washington, D.C., scheduled to commence on March 4, to proceed as planned.
If the Supreme Court justices accept the case and Dreeben and Sauer face off, it will be a study in contrasts. Dreeben, with his three-decade tenure at the Justice Department defending executive branch power, brings institutional knowledge that will likely support Smith's prosecution of Trump. Sauer, on the other hand, is known for his involvement in Republican-backed lawsuits and his familiarity with the conservative legal community.
Notably, Dreeben's involvement in Smith's petition surprised many, as it marked the first public indication of his collaboration with Smith and strongly suggests that Dreeben will be the one arguing the case if it proceeds. Dreeben's decades-long experience in the U.S. solicitor general's office, specializing in criminal law, has made him a trusted and familiar face to the justices.
This is not the first time Dreeben has worked on a special counsel investigation involving Trump. During Trump's presidency, Dreeben contributed to Robert Mueller's probe into alleged connections between Trump's campaign and Russia.
Trump, meanwhile, is expected to face multiple battles at the Supreme Court in the coming months. In addition to Smith's petition, which challenges Trump's claim of presidential immunity, the justices are likely to review a case questioning Trump's eligibility under the 14th Amendment to become president.
At present, Trump's legal team does not include veteran Supreme Court advocates. Instead, the team consists of the conservative trio from Missouri. D. John Sauer, who successfully argued a case challenging Missouri's execution procedures, has garnered national attention for his involvement in a lawsuit accusing the Biden administration of exerting pressure on social media companies to engage in censorship. Will Scharf, who previously worked at the conservative advocacy group Judicial Crisis Network, played a role in Justice Amy Coney Barrett's confirmation process. Michael Talent, a former staffer at the National Security Council, has demonstrated his legal acumen through his work on challenging the Biden administration's alleged censorship and student debt cancellation.
With each team assembling their legal heavyweights, the looming potential Supreme Court showdown promises to be a clash of contrasting legal expertise and strategies. As the legal battle unfolds, all eyes will be on the justices as they navigate the intricate web of arguments and interpretations presented by both sides.