Donald Trump is foolish enough to think he can somehow claim immunity for trying to upend the 2020 presidential election by saying the criminal indictment he received for his bad behavior is constitutionally invalid because he was president at the time. Oh, and he also says it’s invalid because even though he was impeached twice he was acquitted by the Senate.

Only Donald Trump has this sort of ego — one that somehow allows him to think he would be immune to something like this when all of us know he was clearly breaking all sorts of laws.

Certainly, this is something Jim Schultz, the former associate White House counsel under Don McGahn for the ex-president understands this very well. In an interview with CNN on Monday, he told CNN he believes his old boss will lose his immunity claim, Mediaite reports.

Schultz was asked about Trump’s contention that he is immune from criminal prosecution for the acts he committed while in office, and he predicted it won’t be long before Smith gets under Trump’s skin regarding this point.

“so jack smith has a winner on this one, right? i do not believe that the supreme court — it is now, the supreme court rejected the idea of expediting this — but it still goes to the D.C. Circuit Court, and it’s common knowledge in the legal community, D.C. Circuit Court is kind of the warm-up act for the supreme court,” Schultz explained. “A lot of supreme court justices have come from the D.C. circuit and this is the right tribunal to be hearing it. And i think in this instance, the d.c. circuit court is going to act swiftly, and i think they’re going to know down this immunity claim, you know, very swiftly.”

Even after all this time, Trump maintains his innocence. You’d think he’d give it up by now. I mean in a few short days it will be three years since the failed Capitol siege and his role in this has been well-established. But that’s not how he rolls and he continues to insist he can’t be prosecuted for his actions in the wake of the 2020 presidential election. He’s pure as the driven snow, the election was rigged, blahblahblah. You know, his usual.

“I wasn’t campaigning, the election was over. I was doing my duty as president to expose and further investigate a rigged and stolen election. it was my obligation to do so, and the proof found is voluminous and irrefutable,” he fumed on Truth Social on Christmas eve. “therefore, among other reasons, of course i am entitled to immunity. additionally, i did nothing wrong. stop the with hunt now!”

But Smith is no fool and he knows Trump’s bellyaching is b.s. He put Trump’s disputed arguments in their proper place in a recent court filing (they actually belong in the round file but we all know that’s not gonna happen). In the filing, he stated that if the court accepts Trump’s “broad immunity theory,” it “would grant immunity from criminal prosecution to a President who accepts a bribe in exchange for directing a lucrative government contract to the payer; a President who instructs the FBI Director to plant incriminating evidence on a political enemy; a President who orders the National Guard to murder his most prominent critics; or a President who sells nuclear secrets to a foreign adversary, because in each of these scenarios, the President could assert that he was simply executing the laws; or communicating with the Department of Justice, or discharging his powers as Commander-in-Chief, or engaging in foreign diplomacy.”

Yes, Trump’s list of excuses is a long one, but Jack Smith is very capably keeping count, and for that, we can be glad. Someday Trump is going to run out of excuses and Smith will be there, waiting patiently for him.

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4 COMMENTS

  1. Smith should have included what Trump could possibly do to a justice on the sub-prime court.
    That will get their attention if it’s THEIR ass on the line.

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