George Washington University law professor Jonathan Turley laid out his predictions Monday on Fox News for former President Donald Trump’s immunity case and called out the D.C. court panel for making the appeal process “very difficult.”
Turley appeared on “The Ingraham Angle” to discuss Trump’s recent request for the U.S. Supreme Court to intervene after a ruling from a D.C. Circuit Court panel on his presidential immunity from prosecution. (RELATED: Trump Co-Defendant’s Attorney Highlights Conflict In Nathan Wade’s Sworn Statements)
“As you know as a former Supreme Court clerk, this is going to go to the chief justice – Chief Justice Roberts first. He could make this decision on the stay. It’s highly unlikely. He will extend this to all of his colleagues, and they’ll have to make a decision. In my view, there really is ample reason to grant the stay on the procedural questions,” Turley said.
“The panel is really cutting off Trump from one of the options usually afforded to defendants to appeal,” Turley continued. “They are making it very difficult for him to seek what is called an en banc appeal. They are objecting to that and saying, ‘We would really like to have the same appellate process that other people are entitled to.'” (RELATED: CNN’s Jeffrey Toobin Says Trump Has A ‘Slam Dunk’ Victory In SCOTUS After Oral Arguments)
“The only complication here is to separate that from the merits of the immunity issue. There are going to be justices that are going to view Donald Trump’s immunity claims as too sweeping,” he concluded. “But when it comes to the procedural questions, I think that the former president is right – I think this is an unfair process.”
The lower D.C. court ruled Tuesday that Trump was not immune from prosecution in a case brought forward by special counsel Jack Smith. Following the ruling, the court gave Trump and his legal team until Monday to ask the Supreme Court to step in, before issuing the mandate. Due to Trump’s recent request to pause the order while he files an appeal, his trial involving Smith’s charges of alleged criminal conduct related to overturning the 2020 elections will now be delayed from its original date on March 4.