Constitutional scholar Jonathan Turley explained Tuesday why the appeals court’s decision against Donald Trump is not a total loss for the former president.
On Tuesday, the District of Columbia Court of Appeals rejected Trump’s argument that presidential immunity protects him from criminal prosecution in special counsel Jack Smith’s election destruction case.
3 judge panel
explained:
For the purpose of this criminal case, former President Trump has assumed all the defense of other criminal defendants and has become a Trump citizen. But the executive privilege that may have protected him during his presidency no longer protects him from this prosecution.
…
Fundamentally, former President Trump’s stance would disrupt the separation of powers by putting the president beyond the reach of all three branches. Presidential immunity from federal prosecution means that Congress cannot legislate, the executive branch cannot prosecute, and the judiciary cannot review the president.
Turley said the forced ruling is a loss for Trump, but not a complete victory for Smith.
“The most practical impact of this appeal was actually the delay it caused,” Turley said on Fox News. “It was very important for the Trump team to try to push this trial back. It was a success.”
“The next step here is they can request a full court review, what’s called a review.” big bank Plea. Even if they reject it, it will have to be considered and voted on, and that will take time,” he explained. Including election-related incidents.
Smith originally called for Trump’s trial to begin in January, giving the president just five months to prepare for the trial. Judge Tanya Chutkan denied the request and said the trial would begin on March 4, the day before Super Tuesday.
However, Chutkan It was finally recognized last week. The trial did not start as scheduled and the start was postponed indefinitely.When she filed a lawsuit, the trial failed. Initially denied President Trump’s claim of immunity.the court proceedings stalled as the president’s lawyers filed an appeal.
Smith tried to prevent delays by petitioning the Supreme Court to bypass the Court of Appeals, arguing that the “public interest” required a speedy trial, but the Supreme Court refused. refused the request.
The trial has been postponed, leaving President Trump with two appeal options, making it unlikely the case will be concluded before Election Day.
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