Seizure of Trump’s Phone Data Puts Jack Smith in Unprecedented Legal Waters: Analysts

Special counsel Jack Smith revealed in recent court documents that he obtained data from former President Donald Trump‘s smartphone, which some experts say could provide a means to challenge the case in court on appeal.

“The phone records may add to the unease of some judges and justices over the fight over presidential immunities and privileges,” Jonathan Turley, a professor who teaches constitutional law at George Washington University, told The Washington Times.
He added that, “however, Smith has the Nixon case to cite for such demands in the investigation of possible criminal acts. What is clear is that the Court may be pushed into a major line-drawing decision over inherent presidential immunities.”

Jamil Jaffer, former associate White House counsel to former President George W. Bush, told the same outlet that the use of President Trump’s cellphone data “raises really hard, complex questions on an unprecedented set of facts.”

But Mike Davis, founder and president of the Article III Project, added that the seizure of his data may have crossed “a red line,” adding that it sets a “destructive precedent for the presidency, as it seriously undermines the president’s ability to get his constitutionally protected, confidential and candid advice from his advisers.”

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