The podcast discusses the DC Circuit's rejection of Trump's immunity arguments in the D.C. election interference case, highlighting the importance of criminal accountability and protecting the democratic process. It also explores the misconception of presidential immunity and the potential implications of the court's decision. The hosts compare this situation to a previous case involving personal documents from a sitting president, and discuss the Supreme Court's need to address the abuse of office for personal grudges.
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Quick takeaways
Former President Trump is not immune from prosecution and is subject to criminal accountability.
Impeachment acquittals do not preclude criminal prosecution and are often unrelated to factual innocence.
Deep dives
DC Circuit rejects President Trump's claim of immunity from prosecution
The DC Circuit unanimously rejected President Trump's arguments that he is immune from prosecution. The court held that former President Trump, now a private citizen, is subject to criminal accountability and does not enjoy executive immunity. The opinion emphasized that no one in the country is above the law, including former presidents, and that criminal proceedings against Trump must proceed. The court also noted that impeachment acquittals are often unrelated to factual innocence, undermining the argument that impeachment judgments preclude criminal prosecution.
Trial proceedings can proceed unless Trump seeks a stay
The DC Circuit tailored its mandate to prompt a quick resolution in the case, stating that the trial can proceed unless Trump files an application for a stay of the mandate. The court made it clear that if Trump files for a stay, the trial will only be delayed if and when the Supreme Court resolves the stay application. Absent a stay, the trial is ready to proceed in the District of Columbia, subjecting Trump to legal proceedings.
Supreme Court likely to grant a stay and hear the case
The DC Circuit anticipated that the Supreme Court would likely grant a stay of the mandate, as practical considerations suggest that the Court would not want a trial to proceed while a certiorari petition is pending. Five votes are necessary for a stay, whereas only four are needed to grant certiorari. However, the Court observed that the timing of the Court's actions in relation to the trial proceedings will be crucial in shaping perceptions and the public's reaction to the case.
DC Circuit opinion characterized Trump's actions as an unprecedented assault on government
The DC Circuit described President Trump's alleged efforts to remain in power despite losing the 2020 election as an unprecedented assault on the structure of government. The court emphasized the interests of criminal accountability, the upholding of presidential elections, and the voters' right to democratically select their president. The opinion highlighted Trump's statements during his impeachment proceedings to counter his argument of immunity from prosecution.
This morning, the US Court of Appeals for the DC circuit ruled that Donald Trump doesn't have immunity in the D.C. election interference case. Kate, Melissa, and Leah break down the D.C. Circuit's decision, Trump's arguments and whether or not it was all worth the wait.