'This is not a Trump victory': Eric Swalwell says Jack Smith can skirt immunity ruling

Donald Trump delivering a speech at a campaign rally held at the Mohegan Sun Arena. (Evan El-Amin / Shutterstock.com)

Rep. Eric Swalwell (D-CA) argued that special counsel Jack Smith could move forward with prosecuting former President Donald Trump despite a Supreme Court ruling granting him partial immunity.

After the high court ruled in a partisan vote Monday that Trump was entitled to some immunity, Swalwell insisted that Smith's prosecution of the former president for election interference would continue.

"Don't panic on Trump immunity case," Swalwell wrote on X. "Jack Smith will argue Trump's actions were not 'official acts.' There's precedent on this from a J6 civil case *that I know a thing or two about* that was unanimously upheld by the D.C. Circuit Court of Appeals."

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"This is not a Trump victory," he observed.

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Swalwell acknowledged that the case would not go to trial before the November election.

"But Smith can articulate for the Court what the official acts are and then proceed," he explained. "Of course, Trump can take that back up to SCOTUS. *Civil side cases have rejected that what he did was an official act."

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