Legal swords are clashing as Donald Trump and Special Counsel Jack Smith engage in a paper battle over the former president’s immunity assertions. However, legal pundits are leaning toward Trump facing a tough stance in the courtroom.
Former federal prosecutor Shan Wu weighed in on CNN, dismissing Trump’s stance that, as a former president, he’s shielded from trial for election subversion related to the January 6, 2021, riot. Wu deemed Trump’s arguments as feeble, criticizing the attempt to inject irrelevant, evidence-lacking claims of political persecution.
He wants to bring in all these irrelevant, non-evidence-based arguments about political persecution, Wu stated. The judge should rule you can’t do that, you can’t just make up things in an argument, like an alien is actually the murderer when you haven’t presented even a scintilla of evidence.
Trump, maintaining his innocence, accuses Smith of orchestrating a politically motivated pursuit on behalf of Joe Biden, referring to him as an errand boy.
In 234 years of American history, no president ever faced criminal prosecution for his official acts, Trump’s legal team asserted. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists.
While Trump’s legal team successfully redirected Smith’s attempt to elevate the immunity question to the Supreme Court, experts anticipate an uphill battle for Trump. CNN legal analyst Norm Eisen predicts the D.C. Circuit Court will rule against Trump, paving the way for an election interference trial in early summer.
No president has ever been held to be absolutely immune, Eisen emphasized. That argument is likely to be tossed out.
Wu echoed this sentiment, commending Smith’s strategic moves for a timely trial. Smith’s team is very wise to be pushing forward with these types of motions, Wu noted. When a decision comes down, they will be ready to roll.