Analyzing the Defense of Presidential Immunity in Trump Trial

Some time soon, former President Donald Trump is expected to file a motion in U.S. District Judge Tanya Chutkan’s courtroom to dismiss the Jan. 6 case against him based on some theory of presidential immunity. In a recent piece for Lawfare, our very own Legal Fellow Saraphin Dhanani and Editor-in-Chief Benjamin Wittes write, “The bottom line is that this defense is a bit of a moon shot for Trump, but it’s not a crazy moon shot.”

Lawfare Managing Editor Tyler McBrien sat down with Saraphin and Ben to talk through their article, “The Trump Defense, Part II: The Presidential Immunity Gambit.” They discussed the general contours of the defense’s argument and strategy, the prosecution’s likely counterarguments, and all the murkiness and unknowns in between. They also talked about how, even if Judge Chutkan does not accept Trump’s immunity defense—and even if the appellate courts ultimately affirm her judgment on that score—the immunity defense could still be useful to the former president. 

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