Morning Wire Trump’s Legal Limbo | Sunday Extra
Feb 11, 2024
Andy McCarthy, a former federal prosecutor and expert on legal matters, dives into the complexities surrounding Donald Trump's legal battles. He discusses the recent court ruling that denied Trump's claim for presidential immunity, detailing its historical context and constitutional implications. The conversation also covers the challenges of holding a president accountable and the strategic legal maneuvers involved in ongoing cases. McCarthy provides insights into the timelines of Trump's various trials and the potential ramifications for future elections.
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Presidential Immunity
- Presidential immunity from federal criminal prosecution would be new legal ground.
- The Supreme Court would likely need to establish such a precedent.
Discretionary vs. Ministerial Actions
- Presidents have discretionary actions, like pardons, that courts can't review.
- However, ministerial responsibilities, derived from Congressional statutes, apply to everyone, including the President.
Double Jeopardy Claim
- Trump's double jeopardy claim is weak, as impeachment is a political, not a judicial, process.
- Impeachment protects against a second prosecution for the same crime, but the charges against Trump differ.