Trump’s legal team
Amid a tense Supreme Court environment that could redefine legal interpretations regarding presidential authority, former President Donald Trump’s legal team is advocating for his immunity while Trump himself faces charges in Manhattan.
Jonathan Turley
In an interview with Fox News, legal analyst Jonathan Turley deliberated on the potential repercussions of the Manhattan trial on future legal standards, particularly regarding the scope of criminal law’s jurisdiction over a current or past president.
34 allegations
Trump’s case involves 34 allegations of falsifying business records, reportedly linked to payments made to adult film star Stormy Daniels prior to the 2016 election.
Presidential immunity
The ongoing court proceedings have not only garnered national interest but have also prompted debates on the limits of presidential immunity.
Civil immunity
“I think that you’ve really captured the moment for the justices. They would love this cup to pass from their lips, but they have to drink. They’ve been avoiding this for decades,” Turley mentioned, alluding to conversations about civil immunity for presidents.
Criminal allegations
The debate over whether this immunity applies to criminal allegations has been a source of dispute, creating the possibility of establishing a “bad case law,” as Turley indicated.
Courtroom tactics
The legal implications are significant, and Trump’s legal team’s courtroom tactics have been characterized by some as extreme. Turley noted that this strategy could be a strategic reaction to similarly harsh rulings in lower courts, which appear to strip a president of any legal safeguards.
Protections
“So they’ve got cliffs on both sides. Either they go over one side and a president has no protections at all, or you go over the other side and a president has total protections, he could do most anything,” he elaborated.
Compromise
The intense division in the courtroom could potentially result in a compromise, a balanced alternative that offers a degree of safeguarding to a president without making it unconditional. Turley suggested that the Supreme Court, recognized for its gradual method, may lean towards endorsing such a resolution.
Incrementalist
“This is, after all, an incrementalist court. They tend to try to take small steps, not great leaps,” he said.
Drama persists
Outside the courtroom, the drama persists. Trump has been outspoken, criticizing the gag order imposed on him during the legal proceedings. His legal team contends that these restrictions are excessively wide-ranging and impede his involvement in the current presidential campaign.
Alvin Bragg
“Alvin Bragg is probably the best lawyer Donald Trump has right now,” Turley said.
Legally absurd
As per the legal analyst, the Manhattan trial is deemed “legally absurd,” aligning with the Supreme Court’s review of presidential safeguards—a convergence that might ultimately work in Trump’s favor.
Falsified
The prosecution in the New York trial of former President Trump is seeking to demonstrate that he falsified business records by presenting the misclassification of payments to Stormy Daniels as a “legal expense” as a criminal act.
Manipulate
This tactic relies on a more expansive understanding of New York law, which prohibits schemes to manipulate election results through illicit methods.
Harmful
The prosecution’s argument implies that Trump engaged in criminal activity by arranging a payment to silence a potentially harmful story, later reimbursing his attorney Michael Cohen under the pretense of unrelated legal work.
Legal infractions
This legal strategy seeks to elucidate the core offense behind the charges, addressing previous uncertainties surrounding the details of the purported legal infractions.