Former U.S. President Donald Trump’s attempt to invoke absolute immunity is likely to be rebuffed by the Supreme Court, according to legal expert and former Solicitor General Neal Katyal. Katyal, as reported by Raw Story on Tuesday, December 12, 2023, expressed his views on MSNBC’s “Alex Wagner Tonight,” shedding light on the potential implications of Special Counsel Jack Smith’s direct petition to the Supreme Court regarding Trump’s claims of immunity in the 2020 election subversion case.
In a detailed analysis, Katyal categorically rejected Trump’s legal position, dismissing it as “flat out dim.” He emphasized the extraordinary nature of Trump’s argument, stating, “Trump is trying to argue that he can murder someone and get away with it.”
Contrary to Trump’s assertions of being untouchable as a “sitting president,” Katyal underscored the inconsistency in Trump’s legal stance. While Trump contends that he cannot be investigated while in office, Katyal pointed out that Trump’s attorney is not seeking “permanent immunity” but rather aims to shield him from legal scrutiny until a potential second term elapses, assuming he secures the GOP nomination in 2024.
“Jack Smith is prosecuting him as a former president,” Katyal clarified, expressing disbelief at Trump’s continued insistence that he is the sitting president, stating, “I know Trump still thinks he’s president, but he’s not in the reality-based world.”
Katyal confidently predicted that the Supreme Court would likely rule against the 45th president. “The Supreme Court is going to say, ‘How can it be that a former president has absolute immunity? That’s just not American,'” Katyal asserted.
This prediction, according to Katyal, aligns with the belief that the court will reject Trump’s unprecedented claim and uphold the principle that no individual, not even a former president, is above the law.
The legal battle over Trump’s alleged misconduct in the 2020 election subversion case has become a focal point in the ongoing political landscape. As Trump actively seeks the GOP nomination for the 2024 presidential election, the outcome of this legal saga could significantly impact his political future.
Katyal’s authoritative analysis adds a valuable perspective to the escalating discourse surrounding Trump’s legal challenges and provides insight into the potential direction the Supreme Court may take in addressing the issue of “presidential immunity.”
