Donald Trump has made it clear he intends to appeal decisions against him in all of his court cases all the way to the Supreme Court — but legal analysts are saying that it might not work out well for him.
Former prosecutors Mary McCord and Andrew Weissmann looked at the recent ruling from Judge Tanya Chutkan in the Washington, D.C. election interference trial — and explained her ruling is a textual one.
Speaking on MSNBC, Chutkan ruled Trump couldn't claim immunity through the office of the presidency.
"She first looks at the text of the Constitution and says there is no immunity explicit in the text of the Constitution for a president," McCord paraphrased.
"Contrast that, for example, to the speech or debate clause, which does provide immunity to members of Congress for legislative activity. So, nothing in the text. She looks at the structure of our constitutional system and says, it's far different from civil liability, where the pressure of potential vexatious litigation — once you're no longer president in a civil context — for money damages and things like that."
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But she said the same concern does not apply in criminal cases.
Ultimately, she said, there should never be a question about whether a president should or should not commit a crime.
"You just don't commit crimes," McCord said. "So, structurally, we don't need to provide this protection. And historically, it's always been assumed that presidents could face criminal responsibility."
Chutkan looked at Watergate and the pardon that Richard Nixon was given for any crimes he may have committed.
"So, her opinion is very well grounded in law and also is filled with quotable moments looking at our history and looking at the importance of the rule of law," McCord closed.
Weissmann agreed, saying that courts and judges are "really stepping up" on the cases involving Trump when it comes to drafting their decisions.
See the full discussion in the video below or at the link here.
Trump might have a hard time convincing SCOTUS he should be able to commit a crime: expert youtu.be
