Jonathan Turley: This was the 'haymaker' in SCOTUS arguments on Trump immunity case

VERY WELL DONE THANK YOU, SHARON. >> VERY FESTIVE TODAY. >> Sandra: APPARENTLY SO, JOHN? >> John: SPRANG OUR LEGAL PANEL WITH JONATHAN AND LEO, JONATHAN LET'S START WITH YOU WHAT YOU MAKE OF THE IMMUNITY ARGUMENTS AT THE COURT THIS MORNING AND THE IDEA OF YOU CAN'T GIVE A PRESIDENT COMPLETE IMMUNITY BECAUSE THERE ARE LIKELY SOME THINGS A PRESIDENT COULD BE PROSECUTED FOR. BUT YOU GIVE SOME SORT OF LIMITED IMMUNITY AND HOW DO YOU DRAW THAT LINE? >> I THINK THERE WERE POINTS IN THAT ARGUMENT THAT SHOULD IT BE VIEWED AS QUITE POSITIVE FOR THE TRUMP TEAM. FIRST OF ALL YOU HAD ROUGHLY FOUR JUSTICES REFERRING TO SENDING THIS BACK FOR FURTHER DELIBERATIONS. IF THEY DO THAT, IT'S HARD TO IMAGINE THE TRIAL JUDGE GETTING A TRIAL BEFORE THE ELECTION AND IF TRUMP IS REELECTED YOU MAY NOT HAVE ANY REAL TRIAL AT ALL. THE ARGUMENT WENT ALONG THE LINES OF WHAT MANY OF US HAD PREDICTED. IT'S THE JUSTICES SEEMED EQUALLY UNCOMFORTABLE WITH THE SWEEPING ARGUMENTS OF THE TRUMP TEAM AND THE SWEEPING DECISION BY THE D.C. CIRCUIT. I THOUGHT THE REAL HAYMAKER OF THE ARGUMENT WAS DELIVERED BY CHIEF JUSTICE JOHN ROBERTS WHO WAS OPENLY MOCKING OF THE D.C. CIRCUIT WITH WHICH HAD THIS AWFUL STANDARD WHERE THEY SAID WELL, A PRESIDENT CAN BE PROSECUTED EFFECTIVELY WHEN HE IS PROSECUTED. THAT IS THEY HAVE THIS LINE THAT SUGGESTED THE FACT OF PROSECUTION MEANT THE ACTS COULD BE PROSECUTED. CHIEF JUSTICE ROBERTS LEGITIMATELY SAID WHAT TYPE OF STANDARD IS THAT? DON'T WE HAVE TO HAVE SOMETHING MORE? ALL OF THOSE COMMENTS WOULD SUGGEST THERE ARE JUSTICES SORT OF GROPING IN THE DARK HERE FOR A MIDDLE ROAD OF. WHERE THERE MAY BE SOME IMMUNITY FOR PUBLIC ACTS, OFFICIAL ACTS, BUT NOT PRIVATE ACTS. >> Sandra: INTERESTING ANALYSIS THEY ARE, CARRY. I FELT I LEARNED AS WE WERE ALL LISTENING TOGETHER A LOT FROM THE QUESTIONING FROM SUPREME COURT JUSTICE NEIL GORSUCH. AND IT WAS HIS QUESTIONS FOLLOWED UP BY AMY CONEY BARRETT, KETANJI BROWN JACKSON, THEY'LL REFERENCE BACK TO THEM. WHAT WAS YOUR TAKE AWAY? >> I WAS STRUCK BY I THOUGHT THE EXTREME POSITIONS OF BOTH SIDES. WE HAVE DONALD TRUMP ARGUING ABSOLUTE IMMUNITY FOR ALL OFFICIAL FROM CRIMINAL PROSECUTION FROM ALL OFFICIAL ACTS AND YOU HAD THE DEPARTMENT OF JUSTICE ARGUING ZERO IMMUNITY. I THOUGHT TO MYSELF HOW CAN A PRESIDENT FUNCTION IF THEY HAVE NO IMMUNITY WHATSOEVER FROM CRIMINAL PROSECUTION FOR THEIR OFFICIAL ACTS? BRETT KAVANAUGH, WHO I WORKED FOR, WHEN HE WAS GOING THROUGH HIS CONFIRMATION PROCESS, I THOUGHT HE RAISED SOME VERY INTERESTING POINTS. HE TALKED ABOUT HOW TROUBLED HE WAS FOR THE TRAJECTORY OF THE AMERICAN PRESIDENCY. IF THEY WERE TO SIDE WITH THE DEPARTMENT OF JUSTICES APPROACH WHICH IS THIS ZERO IMMUNITY, THIS PASTOR, SO I WAS ALSO STRUCK BY THE DOJS ARGUMENT OF DON'T WORRY ABOUT IT BECAUSE PROSECUTIONS ARE NOT POLITICALLY MOTIVATED. WE TAKE BOTH ABOUT THAT KIND OF STUFF AND I THOUGHT HOW COULD YOU POSSIBLY SAY THAT GIVEN WHAT WE ARE ALL WATCHING HAPPEN IN NEW YORK? AND SECONDLY, THE PERSON WHO MADE THAT ARGUMENT WAS ON THE SPECIAL COUNSEL BOB MUELLER'S TEAM WHICH WE ALL KNOW WHAT THAT WAS A TWO-YEAR $35 MILLION INVESTIGATION THAT WAS DRIVEN BY POLITICS AND FAILED. >> John: SO, LEAH, THE ARGUMENT COMES DOWN HERE TOO IT SEEMS THE COURT IS CONSIDERING IS -- WAS TRYING TO CHALLENGE THE ELECTION A PUBLIC ACT OR A PRIVATE ACT? LIKE A PRESIDENT MAY HAVE IMMUNITY FROM ORDERING DRONE STRIKES FROM THE HEADS OF TERRORIST ORGANIZATIONS BUT OF A PRESIDENT POISONED HIS CABINET BECAUSE HE DOESN'T LIKE THEM THAT COULD BE CONSIDERED A PRIVATE ACT. ONE IN THAT PANTHEON DOES CHALLENGING A RESULT OF AN ELECTION FALL? >> YOU HAVE THE TRUMP TEAM TALKING ABOUT THE CHALLENGING OF THE ELECTION AS AN OFFICIAL ACTS. YOU ALSO HEARD THE MAKE REFERENCE THE TRUMP ATTORNEY TALKED ABOUT PRESIDENT GRANT SITTING DOWN FEDERAL TROOPS TO LOUISIANA. I THINK HE MADE THAT ARGUMENT. I WANT TO BE VERY CLEAR. YOU NOTICE THE DIFFERENCE THE QUALITY RICHNESS OF THE ARGUMENTS ON THE SUPREME COURT LEVEL? AND WHAT JOHN ROBERTS HAD ABOUT THE COURT, IT WAS GENERIC. YOU HAD VERY DETAILED ANALYSIS OVER THE LAST TWO HOURS. NOW ANOTHER POINT, JUSTICE BARRETT RAISED A LITTLE NUGGET ABOUT THE ISSUE OF STATE PROSECUTION. WHETHER OR NOT THE PRESIDENT IMMUNITY GOES THERE. I HOPE THE TRIALS JUDGE IN NEW YORK HEARD THAT. THE ONE CRITIQUE I WOULD HAVE AGAINST THE TRUMP ATTORNEY. YOU NEVER, NEVER, NEVER, NEVER, NEVER WAVED A REBUTTAL ARGUMENT. I HEARD WHEN HE DID THAT I WAS SHOCKED. YOU ALWAYS HAVE THE LAST WORD. HE ABANDON THE LAST WORD, SHAME ON HIM. >> JONATHAN, WHAT DO YOU THINK ABOUT THAT? >> AT THE SAME TIME I WAS QUITE SURPRISED. I HAVE NEVER SEEN A REBUTTAL WAIVED BECAUSE THERE WAS A LOT THERE STILL ON THE TABLE. I THOUGHT THE COUNCIL FOR THE SPECIAL COUNSEL WAS REALLY STRUGGLING AT POINTS. AT OTHERS HE WAS ABLE TO EAT OUT SOME GOOD SOLID GROUND. THAT IS YOUR CHANCE TO COME IN THERE AND HIT HARD WITHOUT ANY REBUTTAL COMING FROM THE OTHER SIDE. I WAS SURPRISED BY THAT. I ALSO HAVE TO ECHO THE VIEW OF THE COUNSEL FOR THE SPECIAL COUNSEL WHO SAID YOU KNOW, THE PROTECTION HERE IS BASICALLY WE ARE THE GOVERNMENT, WE ARE HERE TO HELP YOU. THAT SPACE IS WHAT IS ARGUMENT IS. WE ARE THE DEPARTMENT OF JUSTICE, PERISH THE THOUGHT THAT WE WOULD EVER GO AFTER SOMEONE FOR POLITICAL PURPOSES. AND THAT LED PEOPLE LIKE WHICH SAID THAT YOU HAVE A LONG HISTORY OF SOME HORRIBLE STUFF. IT COMES AS SORT OF BACKED UP BUT THE POINT OF THE JUSTICES WAS STILL A GOOD ONE BUT WE DON'T REALLY LIKE THE BASE, THE STATUS COME OF THE STABILITY OF THE PRESIDENCY OF WE ARE THE GOVERNMENT WE ARE HERE TO HELP YOU. >> John: SOME OF THE MOST TERRIFYING WORDS OF ENGLISH LANGUAGE, WE ARE THE GOVERNMENT WE ARE HERE TO HELP YOU. THE COURT WILL BE BACK IN SESSION AN

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Id: pLLi42Hpkio

Length: 6min 47sec (407 seconds)

Published: Fri Apr 26 2024