George Washington University law professor Jonathan Turley said Wednesday the Supreme Court gave former President Donald Trump a “real victory” by taking up the case of his presidential immunity.
The Supreme Court announced Wednesday it would take the case after Trump applied for a stay of an appeals court ruling that rejected his arguments that he had immunity from prosecution. Trump’s attorneys accused special counsel Jack Smith of having “a political motive” to try the case before the 2024 presidential election.
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“The real victory here for Trump deals with the calendar,” Turley told “Special Report” host Bret Baier. “You know, the overriding push of Smith, the special counsel, has been to get a trial before the election. He is running out of runway. If this opinion doesn’t come out until June, perhaps, you have to remember that even if Smith wins, the mandate goes back to the district court, which has to handle all the pre-trial motions. That could take months.”
The Supreme Court set oral arguments for the week of April 22, around the time the court will hear arguments about the application of a charge the Justice Department has used against many of those arrested and charged in the Jan. 6, 2021, riot at the Capitol building. Smith secured a four-count indictment against Trump in August related to the former president’s efforts to challenge the results of the 2020 election.
“They didn’t great the stay, but they created effectively or constructively a stay by setting it for argument,” Turley said. “Trump has gotten what he has wanted and that this is not going to be heard until the end of April, and then all bets are off when they might issue a decision. They could issue it before June, but there’s obviously some justices here who have a lot … to talk about on this issue.”
Harold Hutchison on February 28, 2024
