🚨 Supreme Court move signals disaster for Trump

you're watching the legal breakdown so Glenn we've got some more promising news here all eyes are on the immunity case that's working its way up to the Supreme Court Trump is seeking to prevent the trial court from starting up again as we await word on whether the Supreme Court will accept review Jack Smith filed his reply is the ball now in the Supreme Court's hands to act it is I mean the Supreme Court now has everything they need they set a very short fuse on um Donald Trump's filing he filed it within I think a week they then gave Jack Smith a week to file he filed it in less than a day and then the very next day Donald Trump filed a reply brief which is not required but he filed one and that's fine everything the Supreme Court needs it now has and it can make the decision it can make the decision to return the case to judge chuckin um lift the stay that's presently in place and you know then this case can at least be set for a firm trial in DC now based on the filing did the Trump team give a compelling reason as to why the decision to send this back to the trial court should be put on hold in a word no and here's what I want to do Brian let me just quote the first two sentences because you would think they were going to lead with their strongest argument right here's the first two sentences in their newly filed opposition the special Council argued in December that it's imperative that the court should Grant review in this case he now insists with a straight face that the court should somehow not Grant review on this same issue you know this is illogical illogical and therefore you should keep the stay in place that's their best argument their best argument is that Jack Smith originally said listen Supreme Court we need to do this quickly so I'm going to make two asks one I'm going to ask the DC federal circuit court of appeals the intermediate appeals court to handle this at light speed and supreme court if you're interested I'm GNA ask you to take it right now and handle it at light speed but what Jack Smith has always maintained is the whole thing should be denied so now the best they have is well Jack Smith wanted the Supreme Court to hear it a couple of weeks ago and now he doesn't want them to hear it that's a l iCal therefore we win that's what we call a specious argument meaning it may look good on the surface but you scratch below the surface and it's absolute garbage well I got to say our prediction from our last video aged pretty well because I asked whether Jack Smith could reply immediately to Trump's filing and not take the entire week that he was allocated um and and just kind to kind of get this thing moving and he again to your exact point filed it within 24 hours does does that encourage you to know that Jack Smith is taking every Avenue he can to expedite this process yeah Jack Smith is doing everything he can to move this through the system at light speed and you know the team Trump keeps complaining that well he's doing it because there's an election coming up yeah precisely because what you don't want is to have a candidate for office with pending criminal charges against them you want them resolved and you would think Brian if Trump and his lawyers were confident that he did nothing wrong that he would be found not guilty that he would be found fully exonerated by a jury of his peers Donald Trump would have been insisting to go to trial yesterday instead he wants to string this thing out as long as he can because we all know what he's hoping for he's hoping to be reelected so he can order his attorney general to dismiss these charges against him which no honest honorable law-abiding president president could do or would do but you know Donald Trump will do it yeah also you you know that if this thing was delayed any further that those same lawyers who are arguing now that nothing should be moving quickly would say well we couldn't possibly do this because now there's an election that's upon us Donald Trump always has a reason why he can't be prosecuted I can't be prosecuted because I'm running for office I can't be prosecuted because I'm in office I can't be prosecuted now that I've left office because I have abs absolute immunity against prosecution this is just a whole bunch of horseshit to use a legal term yeah well you know this is all regarding uh the matter of staying the case being sent back to the trial but when are we going to know whether the Supreme Court is actually going to review this case and make a decision on this case not just the stay yeah that's a great question there's kind of a two-step process at play here so the first thing they have to answer is will we keep this case on pause or will will we give the trial back to judge chuin so she can set a trial date and move this thing toward trial that's the first question they have to resolve but here's the thing once they resolve that question it's going to give us some pretty clear insight about what they're thinking regarding the second question because the second question is should we take up for review the absolute immunity claim that's different from should we leave a stay in place but they're closely related so if the Supreme Court saysyou know what we are not going to keep the stay in place it goes back to judge chuin get this thing on a trial track that is a clear sign that they're not buying the absolute immunity claim and that they probably will not take it up for appeal however let's look at the other side of the coin if they keep the stay in place they say we're not going to let the stay we're not going to give it back to judge chuin instead we want you to send us briefs on why we should accept for review your absolute immunity claim while we keep everything in a holding pattern that will be um an indication that they're at least interested in the case but it won't necessarily be an indication that they're going to find he had absolute immunity so you know there are um a couple of moving pieces in play right now but we're going to know a lot based on how they deal with the first moving piece that is do they keep the stay in place or do they lift the stay and let that thing head to trial so I mean I I think we can we can pretty much say with confidence that either way the chances of this thing succeeding on Trump's behalf are are slim at best but we could know right away if they decide not to lift the stay that that if they decide not to lift the stay and send this thing back to the trial court that that's pretty much their answer but even if they do accept it for review again the chances are still slim to none that they rule in favor of Donald Trump having complete immunity to do whatever he wants as president yeah I agree with you Brian and one of the laughable arguments that Donald Trump resurfaces in this brand new reply brief that he just filed he says well the Constitution says or at least the Constitution means that the only way a president can ever be prosecuted for his crimes is if he is impeached and convicted by the senate for those same crimes then he can be prosecuted the problem is the Constitution says even if he's impeached and convicted in the Senate he can still be prosecuted the opposite it doesn't say only if he I mean that's a really big distinction and they make what is an absolute asinine argument that makes no sense to anybody with like a third grade reading comprehension level so I think the Supreme Court Justices are kind of probably quietly mocking that argument to themselves and let's hope they decide you know what we're not going to waste any more of of the Democracy daylight that Trump has been burning through we're gonna reject the state we're going to give it back to the trial court and we're going to let judge chucken set a trial date which I suspect will be somewhere in maybe the June July time frame it's it's important now that the Manhattan prosecution is going against Donald Trump on March 25th you know you give that case a couple of months to sort its way out and then right on the heels of that what will likely be a guilty verdict then he can start his DC trial and by the way I should just add that Donald Trump invoking um these these laws or statutes or even the Constitution that completely undermine his point is like a recurring theme for him when he was dealing with the whole classified document situation he kept invoking the presidential records act which was created in the aftermath of of Watergate to prevent a president from doing exactly what he did so he's pointing to this law that was created like that was created expressly to prevent the crime that he had just committed and and using it as if it absolves him somehow so again this is like a recurring theme for Trump think this kind of disinformation is going to play in the Supreme Court it may play to his base to those gullible enough ball for his nonsense this kind of disinformation as you just pointed out in the presidential records act arena is not going to play in the Supreme Court right uh let's finish off with this when do you expect the next update will be is what time is it um literally it could come any minute it could come any day here's what I don't think we're gonna have to endure I don't think we're gonna have to wait for weeks because the Supreme Court once the ball was in its Court um started to put this stuff on a very short fuse very very tight deadlines I can't imagine they would have done all that to get all the briefs in place they needed to resolve the stay issue and then say now we're going to kick back for a couple of weeks and take our time I think we're going to see something soon it could be within days okay well we'll leave it there I should note too for everybody watching that the legal breakdown just celebrated its 200th episode so for everybody watching right now thank you so much for tuning in Glenn thank you to the ends of the Earth for helping explain all of the you know the this this uh this legal hellscape that we find ourselves in on a daily basis so congrats on 200 and looking forward to uh to the next 100 here with that said I'm Brian Tyler Cohen and I'm Glenn kersner you're watching the legal [Music] breakdown

Channel: Brian Tyler Cohen

Views: 1,617,342

Keywords: Brian Tyler Cohen, Trump, Republicans, Democrats, brian cohen, politics, news, supreme court, trump immunity, chutkan

Id: GTIia7wKWQk

Length: 10min 53sec (653 seconds)

Published: Sat Feb 17 2024