Democrats Divided Over Biden’s Use of Presidential Immunity to Release Jack Smith’s Report
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Democrats are divided over whether President Joe Biden should use his presidential immunity to release special counsel Jack Smith’s report on cases involving President-elect Donald Trump. The Supreme Court ruled earlier this year that Trump enjoys full immunity for presidential acts, which some legal experts argue extends the same authority to Biden.
Smith’s two-volume report addresses the 2020 election interference case and the classified documents theft case. While Attorney General Merrick Garland signaled plans to release the election case report, he withheld the second volume due to ongoing trials involving Trump’s co-defendants.
Legal experts Norman Ornstein and Elie Mystal noted that Biden could leverage presidential immunity to release the report. Raw Story interviewed several Democrats, revealing a range of opinions on the matter.
Rep. Gerry Connolly (D-VA), ranking member of the House Oversight Committee, strongly supported Biden’s intervention. “Yes! I think the public has the right to know,” Connolly said. “We spent a lot of tax dollars and why hush that up? I don’t think we need to be delicate, reported The Bulwark.
The guy that is replacing him isn’t delicate.” He added that Biden should “absolutely” test the boundaries of presidential immunity, stating, “The Supreme Court gave him the same immunity it gave Trump. So, go for it!”
Sen. Peter Welch (D-VT) expressed cautious support. While uncertain about the authority over the report, he said, “My preference is to release it. This is our country. What happened, who did what, when, where, why, and how—there’s been an enormous effort to document and let people see it.”
Sen. Tim Kaine (D-VA), a member of the Senate Intelligence Committee, emphasized the importance of public understanding. “The American public should understand what the behavior was,” he said, though he admitted uncertainty about the legal framework for releasing the report.
Rep. Mark Pocan (D-WI) agreed with releasing the report, emphasizing transparency. “This is something that the public has the right to information,” he said, comparing it to Republican efforts to block the release of the House Ethics Committee report on Rep. Matt Gaetz (R-FL). “Jeez, what does that tell you?” Pocan remarked.
However, some Democrats, like Sen. Brian Schatz (D-HI), refrained from taking a stance, citing a lack of legal clarity. Sen. Ron Wyden (D-OR) suggested the issue warranted a more extensive conversation than time allowed. As Biden’s time in office winds down, the decision to release the report hinges on legal interpretation and political will, reflecting broader debates about transparency and accountability in government.
