If a jury is impaneled and Smith is tossed, then it is over due to double jeopardy. If Smith goes through the Senate process, it could get very ugly. Two different paths.
If they send him up for confirmation now, that would be admitting that he was not eligible to serve and all prior actions would be illegal. Grand Jury indictments, subpoenas, witness interviews, search warrants, etc. would be thrown out.
If a jury is impaneled and Smith is tossed, then it is over due to double jeopardy. If Smith goes through the Senate process, it could get very ugly. Two different paths.
Well right now Democrats control the senate. They would probably just confirm him as a matter of procedure.
If they send him up for confirmation now, that would be admitting that he was not eligible to serve and all prior actions would be illegal. Grand Jury indictments, subpoenas, witness interviews, search warrants, etc. would be thrown out.
Seems to me to be all fruit of a poisonous tree if he is not legal.