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Jonathan Turley assesses whether Jan. 6 case against Trump will go to trial before election

Jonathan Turley assesses whether Jan. 6 case against Trump will go to trial before election

Fox News
Tuesday, February 06, 2024 08:15:56 PM UTC

Fox News contributor Jonathan Turley reacts to an appeals court ruling against former President Trump and his claims of presidential immunity in the 2020 election case.

JONATHAN TURLEY: This is the result some of us predicted. The panel was very skeptical of these arguments. What former President Trump was advancing was a sweeping and unprecedented claim of immunity, and it's not surprising that this panel rejected it. The interesting thing about this opinion is that they cite the impeachment and quote from it as saying that the president sought to incite this effort to overturn the election. And that's going to go forward. The most practical impact of this appeal was indeed the delay that it caused. It was very important for the Trump team to try to push this trial back. They succeeded in doing that, as you mentioned. Now, the next stage here is that they can ask for review of the entire court, what's called en banc petition. That has to be reviewed and voted on even if they reject it, and that will take some time. And then they will no doubt appeal to the Supreme Court, which now has a considerable stack on the desks of these justices, including election-related cases.  This article was written by Fox News staff.

The interesting dynamic about this case is that Jack Smith is telling every court it's absolutely urgent that we move this trial forward. And he made it clear that he wants this president tried and convicted before the election. The Supreme Court clearly didn't share that urgency. It refused to do that. And so it's not clear that they're going to feel even greater urgency now. The March date is not on the calendar anymore. And as we move towards the election date, it gets more controversial to have a trial of this kind, within a couple of months of the election. So we'll have to see how the Supreme Court deals with this. The outcome is not surprising for many of us, but what remains the unknown is how this will change the schedule and dynamic of the case.

The U.S. Court of Appeals - D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was "unpersuaded by his argument" and ruled a case against him can proceed. 

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