Vox's legal expert, Ian Millhiser, discusses Donald Trump's immunity case and related legal challenges, including charges post-2020 election and implications for the upcoming trial. The debate on presidential immunity, government immunity, and legal defense tactics in the Capitol insurrection case are explored, shedding light on the complexities of immunity claims and obstruction of justice charges.
Trump argues for immunity from prosecution post-2020 election.
Defense uses delay tactics and challenges obstruction statutes in trial.
Deep dives
Trump's Argument for Immunity from Prosecution
Trump argues that as a former president, he should be immune from prosecution for his actions after the 2020 election. His defense team contends that his immunity, similar to civil immunity granted to government officials, should extend to criminal proceedings, allowing him to evade charges related to conspiracy and obstruction of official proceedings.
Obstruction Charge and Defense Strategy
The case against Trump and other defendants involves charges like conspiracy to defraud the United States and conspiracy to obstruct official proceedings. Trump's defense argues that obstruction charges require tampering with evidence, highlighting the need for Trump to have committed specific acts beyond causing delays in the electoral process. The defense strategy aims to challenge the interpretation of obstruction statutes to weaken the prosecution's case.
Impact of Delay Tactics on Legal Proceedings
Trump's legal team seeks to delay the criminal trial effectively, utilizing appeals and immunity claims to postpone the proceedings. By employing delay tactics, Trump aims to extend the legal process beyond the election timeline, potentially impacting the trial's outcome and creating logistical hurdles for the prosecution. The Supreme Court's involvement in the case delays trial proceedings, influencing the pace and timing of the legal process.
You can beat the heat if you beat the charges too. Vox’s Ian Millhiser previews the Donald Trump immunity case going before the Supreme Court this week, and lawyer Jeffrey Green explains Trump’s role in a related case involving January 6 defendants.
This episode was produced by Avishay Artsy, edited by Matt Collette, fact-checked by Anouck Dussaud, engineered by Patrick Boyd, and hosted by Noel King.