Obama-era acting Solicitor General Neal Katyal on Thursday marveled at the gall of Donald Trump s multilayered argument about why he shouldnt be prosecuted in a hush money payment case hes facing.
Altogether, chutzpah doesnt begin to describe these claims, Katyal told MSNBC s Lawrence ODonnell. These are claims that the guy cant see straight. I mean, in what constitution on Earth would permit that seven-fold kind of argument for absolute impunity? Its a recipe for disaster.
Judge Juan Merchan , who is overseeing the case, had earlier in the day rejected Trumps request to dismiss 34 felony counts of falsifying business records, related to the Stormy Daniels affair. Jury selection in the trial is now slated to start on March 25.
A former president is facing a criminal trial for the first time in our history, Katyal noted to ODonnell, before spelling out Trumps audacious seven-fold argument against prosecution.
Trump before his 2016 victory tried to cover up his alleged liaison with Daniels and the later payment in a bid to win the election, said Katyal.
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Then, once he was president, Trump claimed he couldnt be indicted for past crimes while in office.
Thirdly, Katyal said, Trump committed more crimes in office but claimed immunity, and then fourthly committed even more while trying to overturn the 2020 election result and stay in office.
So then, fifth... he gets impeached by the House of Representatives, Katyal said. And then he says he cant be convicted because the remedy is actually to prosecute him after he leaves office. He shouldnt be impeached.
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Then, sixth, he leaves office and hes prosecuted. And he says, I cant be prosecuted because I was president at the time and Im absolutely immune for acts I took while I was president at the time. And then, seventh, finally, for acts for when he wasnt president, hes now saying he cant be prosecuted for those either... because hes running for president again and is a presidential candidate.
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