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Morning Wire

Trump’s Legal Limbo | Sunday Extra

Feb 11, 2024
17:40
Snipd AI
Discussion on former President Trump's legal maneuverings after the denial of his immunity claim, including his plan to appeal to the Supreme Court and the breakdown of the court's decision. Exploring the concept of immunity from prosecution, the broken executive privilege, and the dismissal of double jeopardy claim. Analyzing Trump's claims and potential criminal prosecution, as well as his strategy of delay and the court's ultimatum. Highlighting the importance of the Supreme Court hearing the challenge to the obstruction statute and updates on trial dates and legal events related to Trump.
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Podcast summary created with Snipd AI

Quick takeaways

  • A federal appeals court has denied Donald Trump's claim of presidential immunity, stating that there is no credible way to invent an immunity from criminal prosecution for a president based on the Constitution.
  • The court dismissed Trump's double jeopardy claim, emphasizing that impeachment is solely a political process and not a judicial or criminal prosecution, and that double jeopardy protection only applies to the same crime.

Deep dives

Trump's claim of presidential immunity denied by appeals court

A federal appeals court denied Donald Trump's claim of presidential immunity, rejecting the argument that a president should be immune from federal criminal prosecution. The court's ruling emphasized that there is no credible way to invent an immunity from criminal prosecution for a president based on the text and original understanding of the Constitution. It pointed out that even sitting presidents have been subject to subpoena in criminal investigations, demonstrating that the interests of the presidency and the president must give way to the demands of the criminal justice system. The court also distinguished between the president's discretionary actions, which cannot be reviewed by the courts, and ministerial actions dictated by Congress, which the court argued should not grant immunity from prosecution.

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