Donald Trump’s legal challenges, including the election-subversion case, have led to rapid developments, with the U.S. Supreme Court considering his appeals and related cases.
Despite Trump’s hope for a favorable outcome due to the conservative majority, legal experts suggest the court’s decision may not be straightforward.
The court’s handling of a separate case involving the obstruction statute, relevant to both Trump’s and another defendant’s charges, has raised implications for multiple prosecutions related to the January 6 events. (Trending: Ousted Democrat Who Filmed Explicit Tape Blames Homophobia)
“I do not expect an outcome favorable to Trump to be a foregone conclusion,” University of Michigan Law School professor Barb McQuade said.
“This court is conservative, but not beholden to Trump.”
“Former Presidents enjoy no special conditions on their federal criminal liability. Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office,” Chutkan wrote.
“The United States recognizes that this is an extraordinary request,” Jack Smith’s office wrote.
“This is an extraordinary case. The Court should grant certiorari and set a briefing schedule that would permit this case.”
“Quite frankly, when you look at a conservative court in criminal cases, it’s one that favors the government and doesn’t favor defendants,” former federal prosecutor David Weinstein said.
“Presidential immunity seems unlikely to apply to the conduct the indictment alleges,” McQuade said. “Therefore, I expect the Court to reject this defense when it decides the case on the merits,” she added.
While Trump’s legal team hopes for Supreme Court intervention, the outcome remains uncertain.
“The Court’s decision threatens to impair the functioning of the Presidency and provides no real protection against the use of the subpoena power by the Nation’s 2,300+ local prosecutors,” Trump’s legal team wrote.
“I think they’re taking liberty with what Justice Alito said in there because what he was talking about is what happens with a sitting president, not with somebody who at one time inhabited that office, and is no longer in that office,” University of Miami Law School professor Craig Troino said.
“He was struggling with the idea of: What do we do when the person is still in office? But that’s not the case here.”
“We need the Supreme Court to step in and stop this,” Trump attorney Alina Habba said. “This has become complete mayhem.”
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