Turley on Immunity Case Arguments: ‘A Good Day for Donald Trump’

Hannity: “Well, let me ask you this. I don’t see a definitive ruling against Trump- I know it’s not wise to maybe listen to oral arguments and think about how these justices ultimately will rule. I think ultimately a majority of justices, and this is my impression, seem inclined to ruled the former presidents have protection from criminal charges but not absolute immunity. I don’t know if that means remanding it down to a lower court. I don’t know if that means that they will give instructions to a lower court or if they will just outright decide it right there. What are your thoughts?”
TURLEY: “Well, if this trajectory continues from oral arguments, it was a good day for Donald Trump because there were five justices that clearly were not buying into the D.C. Circuit’s approach. Now that does not mean that they are going to say that Trump is immune from prosecution, but at a minimum, if that is the case, they would likely have to remand it to the district court to say, ‘We need you to develop this record a little further. If they do that, it is hard to see how this could possibly be tried before the election. And if former President Trump is made the next president, then Jack Smith may never see a jury in this case, I mean, it could end the prosecution.”
Hannity: “Yeah, that. And of course, the other case that they’re hearing unrelated to Donald Trump involving people with January 6th, that could also impact the special counsel’s case against Trump as well. Professor Jonathan Turley, thank you, sir.”