Politics - News Analysis

Former Top DOJ Lawyer Says ‘There’s No Chance That Trump Is Gonna Win’ His Immunity Case With SCOTUS

The situation has turned a bit wild ‘n woolly since former President Donald Trump appealed a ruling by the Washington, D.C. circuit court, which had rejected his argument that he is immune from prosecution for actions he committed while president. In their oral arguments last month, Trump’s lawyers were pressed on their immunity claims. In one really bizarre exchange, a judge asked one Trump layer whether the president could order SEAL Team Six to assassinate a political rival.

There was a lot of back and forth, but the attorney finally offered a “qualified” answer affirmatively.

The circuit court ruled against the former president, who is appealing to the Supreme Court, which has scheduled oral arguments for April. Trump has been indicted in four jurisdictions and two of those are in federal court. His attorneys have filed a battery of motions intended to delay all of his cases. Trump is running against President Joe Biden in the November election and if he wins, he will likely seek to halt any ongoing federal criminal proceedings against him, Mediaite reports.

Fortunately, this is the part where former Acting Solicitor General Neal Katyal comes in, to give us some good news. On Thursday, he told The ReidOut’s Joy Reid that Trump has no chance” of winning his appeal to the SCOTUS — but added one key caveat.

Cannon has obsequiously brown-nosed Trump, issuing favorable rulings that date back to last year, when a couple of her decisions wound up being reversed by the conservative 11th circuit. On Thursday, Cannon presided over a lengthy hearing to determine that she would not grant Trump’s motion to toss the case.

But Cannon is such a Trump supporter that it makes me wonder if she’s hoping for a position in Trump’s Cabinet if, dog forbid, he becomes president again. And Joy Reid is convinced that all the motions put before Cannon are just attempts to postpone hearings.

“I can’t think of anyone who takes seriously these motions that are before this judge,” Reid said of Cannon. “It seems like entertaining them at all is a way to delay.”

“Federal judges can sometimes surprise,” Katyal responded. “And I think here, many people’s expectations for Judge Cannon were low, particularly because of her rulings last year appointing a special master, which was – to put it mildly – nuts and was rebuked by the very conservative court of appeals that oversees her court really quickly with some really with harsh language. So, here, so far, Judge Cannon has done the right thing, rejecting one of Trump’s motions, calling as you, said the statute ‘unconstitutionally vague,’ which is preposterous. But to me, the big concern is that Jack Smith today maybe won a battle, but he’s losing the war.”

Katyal added this bold attempt by Cannon and the SCOTUS is a way of “kicking the can down the road.”

“The Supreme Court’s agreed, as you said, to hear Donald Trump’s ‘absolute immunity’ case on April 25th,” he added. “There is no chance that Trump is gonna win and that the court is gonna say he has absolute immunity. But what the Supreme Court did there is delay his trial for [the] January 6th charges potentially to after the election. And the same thing I fear is happening with Judge Cannon.”

This has to be frustrating for Smith. He and his team have worked assiduously to compile a trove of evidence against Trump in the documents case. These are continual distractions for him and the idea that Trump may be able to dismiss this if he becomes president must weigh heavy on Smith, who led investigations into war crimes committed in Kosovo as an investigator for the International Criminal Court, the Hague, Netherlands.

Here’s the clip, below.

meet the author

Megan has lived in California, Nevada, Arizona, Texas, Louisiana, Mississippi, and Florida and she currently lives in Central America. Living in these places has informed her writing on politics, science, and history. She is currently owned by 15 cats and 3 dogs and regularly owns Trump supporters when she has the opportunity. She can be found on Twitter at https://twitter.com/GaiaLibra and Facebook at https://www.facebook.com/politicalsaurus

Comments

Comments are currently closed.