(NewsInsights.org) – On Monday, July 1, the Supreme Court handed down its ruling on presidential immunity. It stated that if former President Donald Trump carried out an official act of office, he would be protected by immunity. Personal acts are not covered. The Supreme Court then kicked the case back to lower courts to determine the nature of his actions. That will likely result in evidentiary hearings, or mini-trials, in which the court will determine which indictment charges in the case of his attempts to overthrow the election results can survive. One analyst says the judge will likely call former White House staff as witnesses — and that could be bad news.
US District Judge Tanya Chutkan is presiding over the criminal trial for the January 6 case. In a report on July 9, The Guardian suggested she may call former staff members as witnesses, including former Vice President Mike Pence or Pence’s former Chief of Staff Marc Short. Should this be the case, Trump’s lawyers will likely argue that any communication said to Pence or Short is covered by executive privilege. Additionally, Trump could have his former VP assert the speech or debate clause protection.
One of the issues at hand is that some of his former staff have turned against him, including Pence, who has spoken negatively about his first-in-command since he left office. Other potential witnesses, such as Trump’s former campaign official Mike Roman or his former lawyer John Eastman, will likely plead the fifth, because they are facing charges of their own and their testimony could serve as self-incrimination.
Trump is facing four charges in this case: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, conspiracy against rights, and obstruction of and attempt to obstruct an official proceeding. Judge Chutkan will not begin reviewing the case until at least August 1, when the Supreme Court’s 25-day waiting period expires, and the decision is formally sent down to her court.
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