Legal expert Melissa Murray discusses Trump's flurry of bad legal news, including recent court rulings against him and the possibility of indicting former presidents. The hosts also analyze the increasing threats of a Trump dictatorship and delve into controversies within the House of Representatives.
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Quick takeaways
Trump cannot claim presidential immunity in criminal and civil suits for actions not related to his official duties as president.
Negotiations for a bipartisan border deal are becoming increasingly difficult due to Republicans pushing for harsher immigration policies.
Trump's confrontational tactics in the civil fraud case highlight his testing of judges and contrast with Justice O'Connor's approach to compromise.
Deep dives
Judge rules against Trump's claim of presidential immunity
A ruling by Judge Chutkin in the DC District Court has rejected Trump's attempts to claim presidential immunity in a criminal suit. This is the first ruling of its kind on the matter, stating that a former president cannot invoke presidential immunity as a defense to prosecution. The judge concluded that the alleged acts in question were not undertaken as part of Trump's duties as president, and therefore, immunity does not apply.
Judge's ruling reflects existing precedent on presidential immunity
The ruling by Judge Chutkin aligns with previous cases involving presidential immunity in civil suits. The Supreme Court cases Nixon v. Fitzgerald and Clinton v. Jones established that immunity does not extend to acts undertaken outside the president's official duties. Similarly, the recent DC Circuit Court of Appeals ruling denied Trump's claim of immunity in a civil suit related to the January 6th riot, as the alleged actions were not deemed official acts.
Trump's immunity claim undermined by the nature of alleged acts
In both the criminal and civil cases, the court rulings demonstrate that Trump cannot rely on presidential immunity. The judges emphasized that the alleged actions, such as election interference and incitement of the January 6th riot, were not part of Trump's official duties as president. This undermines Trump's argument that he should be immune from prosecution or liability based on his status as a former president.
Border Deal Negotiations
Negotiations for a bipartisan border deal between Democrats and Republicans are becoming increasingly difficult. Democrats have already conceded on excluding support for the Dreamers, but Republicans are pushing for harsher immigration policies. The Senate is finding it challenging to reach an agreement, and if they are struggling, it's even more uncertain what the House Republicans will say. Republicans have demanded Pentagon detention camps, long detentions for families with children, and nationwide mandatory detention, which are seen as draconian measures by Democrats. The possibility of tying this border deal to Ukraine funding is also in question.
Trump's Gag Order and Indictments
Trump's gag order in the civil fraud case has been reinstated by the New York appeals court. Trump and his lawyers have been inciting negative comments about Judge Engoron and his law clerk, which has resulted in threats against them. The gag order allows Trump to criticize the prosecution, but he cannot target or incite violence against courtroom staff. Trump's behavior in these cases is seen as testing the judges, with him banking on their reluctance to hold a former president in contempt and throw him in jail. This behavior highlights the differences between Justice Sandra Day O'Connor's approach to compromise and Trump's confrontational tactics.
Donald Trump deflects from his authoritarian impulses by accusing Joe Biden of undermining democracy, while warnings about a second Trump term grow more dire. George Santos gets the boot from Congress while Mike Johnson finds himself in a very similar position to his predecessor Kevin McCarthy. And finally, Strict Scrutiny’s Melissa Murray joins the show to talk about Trump’s flurry of bad legal news.
For a closed-captioned version of this episode, click here. For a transcript of this episode, please email transcripts@crooked.com and include the name of the podcast.
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