GOP nominee Donald Trump got some more good legal news over the weekend in the form of unsolicited counsel from a former U.S. attorney, Joyce Vance, who stated on Monday that it is unlikely former Trump’s trial in Washington, D.C., will occur before the November election.
Trump is facing four felony counts related to his alleged attempts to overturn the 2020 election. District Court Judge Tanya Chutkan had initially scheduled the trial for March but canceled it while Trump’s appeal on immunity was pending. On “Morning Joe,” Vance stated that the Supreme Court’s ruling on Trump’s appeal ensures the trial will not take place before the November election.
“There’s absolutely no chance this one is getting to trial, Jonathan,” Vance told host Jonathan Lemire. “And that’s because the way the Supreme Court structured this decision, Judge Chutkan will make her rulings and if she permits any of the charges to go forward, any of the allegations in the indictment to remain in place, indicates that the government can use any of this evidence, despite Trump’s claims that it’s all now cloaked in presidential immunity, there will be a round two appeal.
“Because the way immunity works, and the Supreme Court makes this clear, is the whole point of having immunity is you shouldn’t have to stand trial for charges that you have immunity from. So Trump will inevitably take objection to anything that she permits to move forward … This case will not happen quickly,” she added.
WATCH:
Former US Attorney Tells MSNBC ‘There’s Absolutely No Chance’ Trump’s DC Trial Happens Before Election pic.twitter.com/JWE4Z6daAb
— Daily Caller (@DailyCaller) August 5, 2024
The Supreme Court ruled in July that presidents are immune from criminal prosecution for “official acts” performed in office. “Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” the court held in a 6-3 ruling. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”
Last week, the Supreme Court handed former Trump another major victory in the case, which was filed by special counsel Jack Smith. Justices remanded the case back to the US Court of Appeals for the District of Columbia Circuit for further proceedings following the high court’s ruling in July that presidents enjoy broad immunity while in office. The justices’ ruling vacated an earlier decision in the case byChutkan, an Obama appointee, who denied Trump’s motion to drop the case base on presidential immunity.
“On consideration whereof, it is ordered and adjudged by this Court that the judgment of the above court is vacated with costs, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings consistent with the opinion of this Court,” read the document from the Supreme Court, obtained by journalist Julie Kelly. The Supreme Court ruling also states Trump must be compensated $3,232.80 in court costs.
“The President enjoys no immunity for his unofficial acts, and not everything the President does is official,” the opinion stated. “The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.”
A landmark decision by the Supreme Court last month also could lead to reduced sentences for individuals in prison or facing charges related to the January 6th, 2021 Capitol riots, including Trump. In a 6-3 decision, the justices ruled that the Department of Justice exceeded its authority by charging hundreds of protesters with obstructing official congressional proceedings on the day Congress met to certify the 2020 election results.