Amicus | Preview: Trump’s Racking Up Supreme Court Loyalty Points
Jan 10, 2025
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Delve into the intricate legal web surrounding Trump's appeals and presidential immunity. The hosts dissect the implications of his Hush Money sentencing and how it might reshape public perceptions of justice. With insights from a prominent legal expert, this discussion offers a fascinating glimpse into the intersection of law and politics amid ongoing legal battles.
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Quick takeaways
Donald Trump's legal team is arguing for unprecedented presidential immunity that extends beyond official duties to include personal conduct.
The case raises concerns about a two-tiered justice system that could establish new legal precedents favoring exclusive considerations for Trump.
Deep dives
Supreme Court and Presidential Immunity
Donald Trump is appealing to the Supreme Court to pause his sentencing in the Hush Money case by claiming sweeping presidential immunity. His legal team argues that not only should criminal liability for official actions be limited, but also for unofficial conduct, a position that some justices previously disagreed with. The New York case revolves around personal conduct rather than presidential duties, yet Trump's lawyers are attempting to apply the same immunity rationale to include pre-presidential actions. This situation highlights ongoing complexities in legal interpretations of presidential immunity, especially since normal defendants must follow procedural rules that Trump is seeking to bypass.
Two-Tiered Justice System
The discussion reveals a perception of a two-tiered justice system, exacerbated by unique considerations surrounding Donald Trump. While typical defendants must wait for sentencing and may only raise issues on appeal, Trump’s legal strategy aims to disrupt this norm. This could imply not just a disparity in how justice is administered but the emergence of an exclusive category that applies solely to Trump. Such dynamics have raised concerns about fairness and accountability within the legal system, suggesting that Trump's situation may create further complications in legal precedents for future cases.
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Exploring Trump's Legal Maneuvers and Presidential Immunity
How do you eat an elephant? One bite at a time.* There is a cluster-you-know-what of constitutional and legal news this week, so Amicus Plus is popping up a little early with a bonus episode to tackle the Trump prosecutions portion of the melee ahead of Friday’s very important TikTok-ban arguments. Dahlia Lithwick is joined by Andrew Weissman, co-host of the MSNBC podcast "Prosecuting Donald Trump” (recently re-launched as “Main Justice” for…. obvious reasons!) Andrew is also author of two New York Times bestsellers, The Trump Indictmentsand Where Law Ends: Inside the Mueller Investigation.
*We are not eating elephants. Please do not eat elephants.
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