Donald Trump went all-in with his latest filing in the D.C. elections case, and it just might pay off, according to a former prosecutor Saturday.
Trump recently filed a motion to dismiss in the election subversion case, which is being prosecuted by special counsel Jack Smith and overseen by Judge Tanya Chutkan. In his motion, the former president argued that he has presidential immunity protecting him from prosecution—essentially saying he can't be touched for anything.
Former federal prosecutor Harry Litman said the filing was uniquely tailored to one specific group: conservative judges on the Supreme Court. Fellow former federal prosecutor Shan Wu appears to agree.
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In an opinion piece on Saturday, Wu argues that Trump's latest "gambit" is "outlandish." It also might succeed, according to Wu.
"Former President Donald Trump’s legal team went big in their latest effort to derail the prosecution against him for conspiring to interfere in the 2020 election: They filed a motion to dismiss that could be called a motion to make U.S. presidents into kings," Wu wrote. "The 52-page legal motion filed in the D.C. case asks U.S. District Judge Tonya Chutkan to dismiss the indictment based on the concept of 'presidential immunity' that Trump argues makes him immune from any criminal prosecution for acts he took as president."
He continues:
"If Trump’s motion to dismiss based on his claims of absolute presidential immunity are found to be appealable pre-trial on an interlocutory basis, then the case almost certainly will reach the Supreme Court. Although Trump has frequently been disappointed by SCOTUS not backing his legal theories, this one may be different because it involves expansion of executive authority. Trump’s appointments of three young conservative justices–Amy Coney-Barrett, Neil Gorsuch, and Brett Kavanaugh–has created a powerful conservative majority. That conservative majority has indicated a leaning towards favoring expansion of presidential authority under the theory of the 'unified executive theory.'"
