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‘Betting Money’: SCOTUS Likely to Reject Appeal of Trump Immunity Ruling Say Experts

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The unanimous, long-awaited ruling by a three-judge federal appeals court panel finding Donald Trump is not immune from prosecution is so strong that the U.S. Supreme Court is likely to decline to hear any appeal made by attorneys for the ex-president, legal experts say.

Trump had claimed he has “total immunity” from prosecution for any actions he took while president, an argument so extreme his attorneys were forced to tell a judge that even if, while President, Trump hypothetically had ordered SEAL Team 6 to assassinate a political rival, he could not be prosecuted unless impeached by the House and convicted by the Senate first.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the judges wrote. Trump’s immunity argument is tied to his federal prosecution by Special Counsel Jack Smith in his case on election subversion and actions surrounding January 6.

Noted legal reporter Adam Klasfeld observes, “This was a three-judge D.C. Circuit panel — appointed by presidents from both sides of the aisle — articulating the stakes of this criminal case, in one voice in a unanimous, unsigned opinion.”

READ MORE: ‘A New Low’: Democrats Blast Speaker Johnson’s Mockery of Border Agents

Klasfeld also highlights important sections from the ruling:

“It would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed,’ were the sole officer capable of defying those laws with impunity,” the judges wrote.

They noted that “former President Trump’s stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches.”

“We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” they added.

Former federal prosecutor Renato Mariotti says the ruling is “Not surprising,” and adds, “this is a *unanimous* decision of the panel rejecting rather silly arguments by Trump‘s legal team.”

READ MORE: ‘We Aren’t Monsters’: Top Senate Dem Slams Josh Hawley for Not Wanting to Help Kids

“I wouldn’t be surprised if the Supreme Court declines to take this case up, letting this ruling stand.”

Professor of law Jed Shugerman writes that Tuesday’s D.C. Circuit Court of Appeals ruling is “a thorough unanimous opinion that covers all the bases, so SCOTUS is more likely to deny cert, and more likely a trial starts.” (Denying “cert” means not granting review, or “certiorari.”)

“I get the frustration that they took almost a month,” Shugerman adds – many legal experts have complained the decision was obvious and should have been handed down sooner. “But they wrote a 57-page opinion on interlocutory jurisdiction & some complex merits (e.g., explaining Marbury on discretion), and all 3 judges with different ideological priors had to agree on reasoning and wording. Kudos.”

Former Acting U.S. Solicitor General Neal Katyal, a professor of law and frequent MSNBC guest, said on social media, “This is the opinion the country was waiting for. Straight loss for Trump.”

He points to this from the ruling: “Former President Trump’s alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented assault on the structure of our government.”

And on MSNBC just after the ruling was handed down, Katyal made clear he believes it is so sound the Supreme Court will not want to review it, and will deny Trump if he attempts to appeal it to the nation’s highest court.

“The court did something really smart,” Katyal says of the D.C. Appeals Court. “They said, Trump, you got to go to the Supreme Court by Monday. Otherwise, this case is going back to Judge Chutkan. He’s going to run to the Supreme Court and my gut is, given the thoroughness and well reasoning of this opinion, and the kind of ludicrous claim that Trump’s advanced on the other, that he’s absolutely immune from all criminal laws, I don’t think the U.S. Supreme Court is going to take this.”

READ MORE: DeSantis and Florida GOP Targeting Kids With Cuts to Food, Healthcare, Work Protections

I mean, they certainly could, you know, they often take executive power cases. But if I had to put betting money on it, I don’t think it’s close right now. And I think the Supreme Court says no, this goes back to Judge Chutkan, and then she has the question, how much time is she going to give Donald Trump to prepare for his criminal trial for being an insurrectionist?”

Watch Katyal’s remarks on MSNBC below or at this link.

 

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Trump Is Promising Mass White House Pardons: Report

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President Donald Trump is promising mass pardons to White House staff, and has done so repeatedly, the Wall Street Journal reports.

“I’ll pardon everyone who has come within 200 feet of the Oval,” Trump said in a recent meeting, to laughs, the Journal reported, citing people familiar.

“That radius,” the Journal added, “appears to be expanding as the president repeats the line. Another person who met with Trump earlier this year said the president quipped about pardoning anyone who had come within 10 feet.”

Trump at one point said he would hold a news conference to announce the mass pardons.

“The president has repeatedly raised the specter of pardons with White House aides and other administration officials, particularly when staff have suggested they could face prosecution or congressional investigations over decisions, people familiar with the comments said,” the Journal reported.

The Journal did not state if the pardons would be blanket pardons, but reported that those familiar with his remarks “said they weren’t aware of specific pardons being offered to specific people for specific acts.”

READ MORE: White House Fires Back After President’s Doctor Is Asked to Test Trump’s Mental Fitness

The report also noted that Trump has often seriously pursued actions he initially had joked about.

“It seems like he previewed many times his intent to use the pardon power to bail out those who carry out his agenda faithfully,” Liz Oyer, a former Trump Justice Department pardon attorney told the Journal. She also “said the offers could spur Cabinet officials and administration officials to behave more aggressively.”

While Trump did not pardon White House or other officials in conjunction with the events of January 6, 2021, on his first day back in office he did issue sweeping pardons to roughly 1,500 of those who were at the Capitol that day and later arrested.

READ MORE: ‘Only Reason They Are Alive’: Trump Again Threatens Iran in Unhinged Truth Social Post

 

Image via Reuters 

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White House Fires Back After President’s Doctor Is Asked to Test Trump’s Mental Fitness

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The White House is fighting back after a prominent House Democrat demanded that the Physician to the President test Donald Trump’s mental fitness, citing the president’s recent remarks.

“At a time when our country is at war—especially when the war was initiated by the President without congressional declaration or consent—the American people must be able to trust that the Commander-in-Chief has the mental capacity to discharge the essential duties of his office,” Judiciary Committee Ranking Member Jamie Raskin wrote to the President’s Physician, Captain Sean P. Barbabella, D.O., in a letter published by Punchbowl News.

“I therefore request that you conduct a comprehensive cognitive assessment of President Donald Trump, provide those results to Congress, and make yourself available to brief Congress on your findings.”

Congressman Raskin noted that experts “have repeatedly warned that the President has been exhibiting signs consistent with dementia and cognitive decline.”

“And, in recent days, the country has watched President Trump’s public statements and outbursts turn increasingly incoherent, volatile, profane, deranged, and threatening. His apparently deteriorating condition has caused tremendous alarm across the nation (and political spectrum) about the President’s cognitive function and continuing mental fitness for the office of President, and prompted concerns about the President’s well-being.”

Raskin noted that during the Biden presidency, Oversight Committee Chairman James Comer called President Biden’s mental acuity “one of the greatest scandals in our nation’s history,” and subpoenaed the White House Physician.

He also noted that during that time, Judiciary Committee Chairman Jim Jordan declared that a president who is not cognitively fit, “isn’t fit for office.”

Raskin offered some examples, including Trump’s recent message to Iran, which the Congressman described as combining “vulgarity and profanity, unprecedented threats of mass civilian destruction, and a sarcastic invocation of Islam on Easter morning—a bizarre display that shocked tens of millions of Americans and astonished observers across the political spectrum.”

Trump had written: “Tuesday will be Power Plant Day, and Bridge Day, all wrapped up in one, in Iran. There will be nothing like it!!! Open the F——’ Strait, you crazy b——, or you’ll be living in Hell – JUST WATCH! Praise be to Allah.”

The New York Times had described Trump’s remarks as a “blistering threat” that “would have stood out on any day, much less on what most Christians consider the holiest day of the year.”

Raskin is insisting that Dr. Barbabella conduct “a comprehensive neuropsychological assessment of the President, including a formal cognitive screening instrument, and publicly release the results.”

Also, it asks him to provide “a detailed report on the President’s current mental and physical health status, including any medications he is currently taking and their potential,” and make himself available for a briefing under oath.

The White House wasted no time in responding, telling Courthouse News’ Benjamin S. Weiss: “Lightweight Jamie Raskin is a stupid person’s idea of a smart person.”

“President Trump’s sharpness, unmatched energy, and historic accessibility stand in stark contrast to what we saw during the past four years when Democrats like Raskin intentionally covered up Joe Biden’s serious mental and physical decline from the American people,” the White House added.

 

Image via Reuters 

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‘Only Reason They Are Alive’: Trump Again Threatens Iran in Unhinged Truth Social Post

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Ahead of diplomatic talks starting Saturday, President Donald Trump once again threatened Iran with violence as critics charge his tenuous cease-fire has fallen apart.

“As Vice President JD Vance was heading to Pakistan on Friday for peace talks with Iran, a senior Iranian official laid out new conditions for the negotiations, adding even more uncertainty about the durability of the cease-fire and whether the two sides could reach a long-term deal,” The New York Times reports, noting that President Trump “warned Tehran not to overplay its hand.”

“The Iranians don’t seem to realize they have no cards, other than a short term extortion of the World by using International Waterways,” the President wrote on Truth Social.

“The only reason they are alive today is to negotiate!” he declared.

His remarks seemed to echo his highly-criticized comments earlier this week:

“A whole civilization will die tonight, never to be brought back again. I don’t want that to happen, but it probably will.”

On April 1, Trump wrote, “we are blasting Iran into oblivion or, as they say, back to the Stone Ages!!!”

Some ridiculed the president.

“Completely controlling the Strait of Hormuz and charging ships a $2 million toll to pass through seem to be a couple of pretty good cards,” noted attorney Adam Cohen.

Reason’s Matthew Petti added, “You might say that Iran’s only cards are…a strait flush.”

 

Image via Reuters 

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