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Apr 26, 2024
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jack smith in the courtroom and all justices went back and forth with two extreme positions. former president's legal team says he has immunity and special counsel says he has none. what it seemed like justices are trying to get to is middle ground, presidents need some level of immunity so they can make difficult decisions, but not efverything he ever did woud be covered. they are trying to find middle ground. as jonathan turley and colleagues have said, i get the sense they send it to a lower court to deal with again, that turns into a net win for trump legal team. they'll have that private vote today. we won't know for a while. >> guy: we were talking on the guy benson show. plug there. what does that mean for the timeline? that is crucial here. >> shannon: yeah, if that would happen, they would have to pick and choose through what are private acts, what were official acts he did as president, not as a candidate or person. as the president. that is going to take some time before you get back to the trial on the merits. one question yesterday, i think from justice barrett,
jack smith in the courtroom and all justices went back and forth with two extreme positions. former president's legal team says he has immunity and special counsel says he has none. what it seemed like justices are trying to get to is middle ground, presidents need some level of immunity so they can make difficult decisions, but not efverything he ever did woud be covered. they are trying to find middle ground. as jonathan turley and colleagues have said, i get the sense they send it to a lower...
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Apr 26, 2024
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>> brian, i think the most important concession was by michael dreeben who was the lawyer for jack smith and for the biden justice department who basically conceded that there is presidential immunity from prosecution. now, he doesn't allow that it's as robust as president trump argues. but he certainly made a concession to the court that there is an am bit of executive authority that congress can't criminalize once you make a decision that there is presidential immunity, then the question becomes what acts does it cover? so i think by the end of the argument, it became at least to my mind much more likely that the court may resolve this by sending the case back to trial judge in washington with instructions to go through the indictment and sort out what is an official act of the presidency what is a private act that isn't covered by immunity. if that's what the court does, i don't see how this case gets to trial prior to election day. >> ainsley: what happens if this does. smith's way on almost everything. you know, ainsley, judges behave better when they know someone is checking their
>> brian, i think the most important concession was by michael dreeben who was the lawyer for jack smith and for the biden justice department who basically conceded that there is presidential immunity from prosecution. now, he doesn't allow that it's as robust as president trump argues. but he certainly made a concession to the court that there is an am bit of executive authority that congress can't criminalize once you make a decision that there is presidential immunity, then the...
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Apr 25, 2024
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jack smith says it happened after he was president. here is what the former president said an hour and a half ago. >> we have a big case today on presidential immunity. a president has to have immunity or you have a ceremonial president. >> this case was supposed to go to trial in early may, it was delayed. arguing for special counsel is michael dreebben, who was on robert mueller's team. and john sour worked for former president trump, former law clerk to late justice scalia. if rule in favor of special counsel jack smith itten moos the trial will be back on, engines kick back on. we probably won't go to trial for several months, it's been paused at district court level. if they rule in favor of donald trump, don't expect to see a trial at all. we should have a decision by end of june, at latest, it is possible it could be in the next several weeks. it is not something that will be decided if a few days. >> bring in jonathan turley, law professor. professor turley, old saying bad case makes bad case law. are we setting up bad case law
jack smith says it happened after he was president. here is what the former president said an hour and a half ago. >> we have a big case today on presidential immunity. a president has to have immunity or you have a ceremonial president. >> this case was supposed to go to trial in early may, it was delayed. arguing for special counsel is michael dreebben, who was on robert mueller's team. and john sour worked for former president trump, former law clerk to late justice scalia. if...
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Apr 25, 2024
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special counsel jack smith says trump's behavior continued after he left office. and he should be prosecuted full stop. this case was supposed to go to trial in early march. but it was delayed when the supreme court agreed to hear the case. now, arguing for the special counsel today, a man named michael dreefn, he previously worked on special counsel robert mueller's team. he is screen left. screen right is john sour. former law clerk to the late justice antonin scalia. the justices they say that they are probably going to take this case for about two hours today though it could go longer given the stakes here. if they rule in trump's favor. his case in washington, d.c. could essentially go away. if they rule against him, the motions, everything will start moving again the train will start moving for trial. several months away. we may see a trial late summer, early falls, who knows if that could be delayed further, perhaps, past the election. back to you. >> brian: big media presence there already? >> big media presence barely anybody from the public. little surpr
special counsel jack smith says trump's behavior continued after he left office. and he should be prosecuted full stop. this case was supposed to go to trial in early march. but it was delayed when the supreme court agreed to hear the case. now, arguing for the special counsel today, a man named michael dreefn, he previously worked on special counsel robert mueller's team. he is screen left. screen right is john sour. former law clerk to the late justice antonin scalia. the justices they say...
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Apr 25, 2024
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now, special counsel jack smith says trump's behavior continued after he left office, and he should be prude full stop. this case was supposed to go to trial here in d.c. in early march. it was delayed when the supreme court behind me agreed to hear the case. arguing for the special counsel is michael dreeben who previously worked on special counsel robert mueller's team arguing for donald trump is john sower antonin scalia law clerk. justices who typically like to shy away from politics cannot escape it in this case. they are entering the nerve center of the elections. if they say that trump is not immune, the engines of the case will kick back on and start moving if the justices side with the former president, it's possible he does not go to trial at all here in washington, d.c. again, arguments kick off at 10:00. we definitely expect those to last at least two hours, perhaps even more. back to you. >> ainsley: thank you, david. the ruling is expected in late june. so that would be in the middle of the summer when we will find out what they decide. >> brian: then, of course, if they
now, special counsel jack smith says trump's behavior continued after he left office, and he should be prude full stop. this case was supposed to go to trial here in d.c. in early march. it was delayed when the supreme court behind me agreed to hear the case. arguing for the special counsel is michael dreeben who previously worked on special counsel robert mueller's team arguing for donald trump is john sower antonin scalia law clerk. justices who typically like to shy away from politics cannot...
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Apr 24, 2024
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should he be immune from these jack smith trials? how do you think this will go? >> i think this is the most significant moment for all of the trump trials because this overlies whether a president, a former president can be taken to a criminal trial for anything that happened during -- when they were in office. there is a really significant argument, i think, supporting the idea that a president should be immune because it's a very slippery slope when you start to look at all of the decisions that a president has to make. and whether an opposing party can then come into office and start to second-guess and criminalize these decisions, including military decisions and operations and things of that sort. so, the question here is really going to be whether trump has full immunity, whether there is some sort of fact-finding test. whether there is outer perimeter of president's immunity from criminal prosecution. similar to what they decided in the civil case. but, again, we won't know for sure until they start asking those questions. and then we will see very clearly
should he be immune from these jack smith trials? how do you think this will go? >> i think this is the most significant moment for all of the trump trials because this overlies whether a president, a former president can be taken to a criminal trial for anything that happened during -- when they were in office. there is a really significant argument, i think, supporting the idea that a president should be immune because it's a very slippery slope when you start to look at all of the...