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  • 2 years ago
Claire Finkelstein, professor of national security law at Penn Carey law, joined Liane Jackson on "Forbes Newsroom" to discuss the Supreme Court Case regarding former President Trump's immunity.

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Transcript
00:00 Now, you mentioned that it was important that these issues get decided, whether it's official
00:05 capacity or personal capacity.
00:07 The fact that the Supreme Court took up the issue, even though, as you mentioned, it was
00:11 very detailed, the determination by the appellate court.
00:18 But there are some observers and analysts who say this is a win for Donald Trump no
00:23 matter what, because it has delayed the trial.
00:26 And even if it does get pushed back to the district court judge, and she again rules
00:31 against his side, that there is sort of a benefit, there's been a win for him in terms
00:37 of the election.
00:38 What are your thoughts on that?
00:39 Well, you'll remember that Jack Smith's special counsel had asked the Supreme Court on an
00:44 accelerated timetable to take up this case and deal with the immunity issue back in the
00:50 fall, and the Supreme Court declined to do that.
00:54 And then to turn around and take up the case after the D.C. Circuit has rendered its decision,
01:01 it does kind of make it look like the court is going out of its way to delay matters.
01:07 And I certainly don't think all nine justices had any such motive.
01:11 But one does wonder about the motive of some of the justices on the court.
01:15 And it's very concerning to me that this matter would end up delaying the trial, as well as
01:23 dovetailing so tightly with the timetable for the election.
01:30 It's very disturbing to think of an election happening in November alongside the beginning,
01:38 possible beginning of a trial in the January 6th matter.
01:43 Because first of all, as a matter of justice, no criminal trial ought to be mixed in with
01:49 politics.
01:51 Justice ought to be blind with regard to electoral politics.
01:55 And second of all, it will really be used in the election and weaponized, as they say,
02:04 by former President Trump, I assume.
02:08 I don't see President Biden weaponizing this trial.
02:11 He's been staying far away from it.
02:13 But I fear that it will be weaponized by former President Trump on the campaign trail, and
02:18 it could really up the ante in terms of the level of rhetoric and possible violence that
02:27 we all have reason to be concerned about in the wake of the last January 6th, when there
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