A former Trump associate White House counsel recently suggested that Donald Trump’s claim of presidential immunity would be “swiftly” “knocked down” by the federal appeals court, the UK Guardian reported.
While appearing on CNN last week, former associate White House counsel Jim Schultz said special counsel Jack Smith had the winning argument in the appeal.
In a December 30 filing with the US Circuit Court of Appeals for the District of Columbia, prosecutors from the special counsel’s office argued the Constitution and the principles of separation of powers have made it clear that “a former President may be prosecuted for criminal acts committed while in office.”
Prosecutors contend that Trump’s claim of presidential immunity threatens to give a president license to “commit crimes to remain in office,” something the Founders never intended and would have never allowed, according to the filing.
Trump’s attorneys have maintained that the former president’s attempts to remain in office after the 2020 election were related to his duties as president and therefore he is immune from prosecution.
In early December, US District Judge Tanya Chutkin rejected Trump’s claims, arguing that presidential immunity was not intended to be a “lifelong get-out-of-jail-free pass.”
Trump’s lawyers appealed Chutkin’s ruling to the federal appellate court which will hear arguments on January 9.
Jim Schultz told CNN News Central that the DC Circuit Court of Appeals is considered “the warm-up act” for the US Supreme Court and he believed that the appellate court will “act swiftly” and “knock down this immunity claim.”
Schultz was also asked how he thought the Supreme Court would deal with the Colorado Supreme Court’s decision to bar Trump from the state’s primary ballot.
Schultz said he believed that the high court would rule against the Colorado court and overturn the decision.
Donald Trump appealed the Colorado decision to the Supreme Court on January 3, arguing that only Congress has the authority to determine a candidate’s eligibility.
