Jack Smith’s prosecutorial tactics against Donald Trump appear to have gone beyond accepted practice.

Smith intends to use cellphone evidence that he took from Trump to present a step-by-step account of his alleged crimes on January 6th.

Mike Davis, founder of the Article III project, commented that Smith’s action “crosses a red line” by infringing upon executive privilege.

“This 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,” he said.

Smith is leaning on a Supreme Court ruling against President Nixon to argue that executive privilege does not apply to Trump here. But it’s not clear that courts will want to take it that far, conservative law professor Jonathan Turley said.

“The phone records may add to the unease of some judges and justices over the fight over presidential immunities and privileges,” Turley said.

“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,” he said.

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