Legal experts break down Trump’s presidential immunity claims

Legal experts break down Trump’s presidential immunity claims

‘Hannity’ panelists Alan Dershowitz, Gregg Jarrett and Jordan Sekulow discuss the Supreme Court agreeing to hear former President Trump’s immunity claims. #foxnews #fox #hannity

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Now the Colorado ballot dispute is not The only case that President Trump has Now before the Supreme Court they also Agreed last week to hear arguments on The issue of presidential immunity in His DC case here now with Moore Executive director of the American Center for Law and Justice Jordan seculo Is with us they represented by the way The Republican party of Colorado in the Ballot case former Harvard law professor Uh Alan dtz is with us and Fox News Legal analyst Greg Jarrett Jordan let me Start with you first you were involved The aclj was involved in this issue Representing the Republican party of Colorado I I did sense that a lot of the Arguments you put forward were actually Uh considered by justices that was my Take uh your reaction y Yeah we actually Have a side by side that we put up today On our broadcast where you can see our Brief and then see the uh majority Opinion today and see kind of the Language use and I'm not saying the Justices took it verbatim but I would I'd be pretty excited about our what our ACL J team uh our legal team put Together on this case and I think with Justice Barrett summed it up right all That Americans need to take away as you Said Sean is that all nine justices Agree that this is the wrong process and That's it on this on this matter that

States secretaries of states and random Officials at the state level should have No role in deciding who what Presidential candidates on the ballot Let's not forget it was not just Democrats but plenty of rhino Republicans who took the same position As those Democrats who wanted to remove President Trump from the ballot this way And the Supreme Court told them even Three liberal members of the Supreme Court uh no you can't do this nine to Zero now on to immunity we've done those Cases we did those cases when the President was in office and and you Remember Adam Schiff was obsessed with Getting his tax returns uh it's all Going to come down to that question Presented and I said you know Jack Jack Smith that may have been his biggest Problem with this whole issue is the Question presented that was written by The court Sean which says let's look at Actual official acts of the president And whether or not official acts of the President are those acts then immune From prosecution and I I could see how This case gets a decision at the Supreme Court Sean and then has to get be sent Down all the way back to a district Court to decide official versus Unofficial acts and again this not Affecting president Trump in his Reelection

Efforts uh Professor dtz on the issue of Immunity all of us agreed that the court Had obligation to take that case up but I know Greg yourself I felt the same way I wasn't sure that they would rightly They did take that issue up how do you See the arguments falling in that Case well as you know I predicted the Outcome of this case exactly how the Court would decide N9 to nothing using Uh the fifth section of the 14th Amendment on the issue of immunity I'm Going to make a prediction here too I Think both sides argue too broadly I Think Trump was wrong to have his Lawyers say that if a president orders The seals to kill his opponent he can be Immunized unless he gets impeached first That went too far the answer should have Been of course not now let me explain But I also think the lower court went Way too far by having no immunity Whatsoever and saying that whatever a President may have had immunity while in Office he loses that once he leaves Office I hope and I suspect that the Court granted certain in this case in Order to come out with a nuanced Decision that focuses on precisely what Are presidential acts and if they're Within the scope of presidential acts Then they have to go beyond the Presidency itself let me give you an Example President Eisenhower in 1954

Sends troops down to implement Brown Versus Board of Education one of the Children or one of the police officers Killed and the new president coming in a Democrat years later wants to indict Eisenhower for having done that even Though it was in his presidential Authority I think we would all agree That there has to be some immunity and We would all agree that he can't have Total immunity for everything he did as A politician or as an individual so I Think the Supreme Court hopefully will Come out with a nuanced decision that Will give guidance to the lower courts As to when immunity is applicable when It's not applicable we can bring the Country together on this issue as well Instead of Simply having extreme views On both sides you know I I actually Concur with what you just said and I I Think Greg what Professor dershwitz is Saying is that the argument of absolute Immunity probably is too broad and a More nuanced yes Judgment of the court I Think would probably be more appropriate In this case uh and maybe even the Better argument for the for the court Your your Take well I think the Supreme Court Looked at the Circuit Court decision and Said hey you went way too far you're Dismissing any notion of immunity even If a president acts consistent with his

Duties that is absurd logically and it's Inconsistent by the way and this is the Important part with the Supreme Court President four decades ago that a President does have absolute immunity From civil lawsuits as long as his Actions fall within the Outer Perimeter Of His official Act well you know Sean The exact same reasoning applies to Criminal prosecutions if it's otherwise My goodness the chilling effect on Presidential decisionmaking would Trigger paralysis instead of a chief Executive America would be ruled by a Committee of lawyers they'd be afraid to Do anything out of fear of future Prosecution Greg let me ask you this Would a more nuanced version versus the Argument of absolute immunity maybe be Of course you have freedom of speech but You can't yell fire in a crowded Building would would that be would there Be an analogy there yes and you the to Do that and Jordan Jordan said this as Well I suspect the current justices will Extend the existing immunity standard in Civil actions to criminal cases and then Remand the Trump case back to the trial Court to decide whether Trump's acts are Covered as official acts and I think he Has a very good argument that they are If he believed there was election fraud Even a mistaken belief he has a sworn Duty to enforce all laws and reive prot

It won't be unanimous it won't be Unanimous this time this will be a Divided opinion and I suspect it will be 6 To3 I suspect you're probably right too You're so far one one and0 so let's see If your record holds uh thank you all For being with us appreciate it hey Sean Hannity here hey click here to subscribe To Fox News YouTube page and catch our Hottest interviews and most compelling Analysis you will not get it anywhere Else

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