Former US attorney Andrew McCarthy said that Trump is facing double barrel defeats on immunity from criminal prosecution for his role leading up to J6.
Judge Chutkan ruled that he could be prosecuted for his role leading up to J6 – he does not have immunity. In other lesser civll cases, Blessingame v. Trump, the DC Court of Appeals held that he is not immune from civil lawsuits for his actions. They determined his actions were not official acts as president, which set the stage for him to be sued. There are three lawsuits by two police officers and 11 congressional Democrats.
McCarthy said Judge Chutkan’s ruling is more significant. He finds that her ruling is sound.
While he doesn’t think that Smith’s charges of fraud, obstruction, and civil rights offenses will sustain a fraud of the government charge, his reservations are legal. Trials are not won by legal claims that are outside the jury’s presence, he said.
Jury trials are won by factual evidence.
Judge Chutkan observed that if Smith can’t prove Trump was lying, then Trump will not be convicted. In any event, he expects Chutkan to rule in prosecutor Smith’s favor on the legal matters.
That means the DC case will take up a few months, beginning in March, while Donald Trump is trying to campaign. McCarthy said there’s a really good chance a DC jury will convict him.
And there are those civil cases.
Republicans have a storm coming. They’re pretending it’s not there. It’s the elephant in the room.
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