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Hey, ladies and gentlemen, this is Carmine Zabia 4, Explain America on YouTube
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and things are getting really bad for Jack Smith in his Washington, D.C. case against former President Donald Trump
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Before we get started, please make sure you like, comment, share, and subscribe
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Those are the things really help us out, and they help our channel continue to grow
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particularly with an election year coming. So, Jack Smith has brought his case to the Supreme Court
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and he wants to argue over the issue of presidential immunity. Now, Trump says, of course, that he had presidential immunity
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and that that would preclude Smith from actually prosecuting him on these charges
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Now, Trump's attorney, Alina Haba, says the Supreme Court must step in and stop it
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And she's not alone in that belief. Another former U.S. attorney also believes the Supreme Court is going to drop the hammer on Jack Smith
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Let's take a look. All right. I thought, well, you would know, or I hope you would
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Who's got time to write a book? Well, that's what I always say. But anyway, let me go back
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to this judge, Schutkin, the Washington, D.C. judge of the liberal persuasion. But while the Trump's
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appeal the issues of presidential immunity and while they appeal the issue of double jeopardy Shutkin apparently has said she will stop the presses and postpone any court hearings until the Supremes make up their mind
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And I guess that's also true for the federal court, the U.S. Court of Appeals
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even though the special prosecutor is trying to get around it. Anyway, walk us through this
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because this came out yesterday, just as our show was hitting, and I don't know, it sounded very interesting and sounded very promising
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Yeah, it's very interesting. The default position of federal law, Larry, is that you try the whole case
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including all the litigation in the trial court first, and then after it's all over, if there's a conviction
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jury verdict, and sentence, then the whole kit and cabood will go up to the court of appeals
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There are a handful of issues that the courts allow you to get pre-trial appeal on, and one of them is immunity, because if you have immunity from prosecution, the offense is actually having the trial, not just potentially getting convicted
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The other important doctrine of law here is that in federal law once there an appeal even if it an appeal pre the district court the trial court Judge Chuckin who you you just referred to loses jurisdiction over the case because the whole case goes up to the court of appeals
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So what the Trump people argued, once Chuckin ruled against former President Trump on his immunity claim
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Trump appealed to the D.C. circuit. And what Trump argued is that has to freeze the whole case
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In other words, she was probably hoping to get through with other pretrial stuff
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hearings and all that stuff. And he's saying, you know, you can't do anything. And she agreed
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yesterday that she really can't act on the case until the appellate courts decided. And this is
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very important to Trump and to the Biden Justice Department. Trump is trying for delay. He wants
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to push everything past Election Day. And of course, the Biden Justice Department, the whole
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point of this was to try to get him convicted during the campaign prior to election day. So that's
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what hangs in the balance. Yeah, but for Shuckin to say what she said. Now, this guy
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Jack Smith, the prosecutor, he wants to jump right over the federal appeals court and go right
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to the Supremes. But, and I'm going to say, it's my editorial word, not yours. Fony that he is
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he's also hedging his best by telling the appeals court to go faster. But whatever, Shuttgart is
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saying no we going to have to just wait And wait is a good thing for Donald Trump Yes wait is a good thing But I also think Larry that Smith I believe may have fumbled into a mistake here in his haste to get the immunity issue in front of the Supreme Court
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It's understandable why he wants to go fast. I think that's been their plan all along
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But the thing is, the only thing he wants the Supreme Court looking at is the immunity claim
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And I think that what Donald Trump has always wanted was to get the case in front of the Supreme Court so they can look at the charges
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Because Smith may have a better than an even shot to win on
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I tend to believe they're all correct. I think that presidential immunity is on the line here
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Who's going to want to be president if they decide against this? You're risking the entire presidency on this case, the office of the presidency
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And that's where I think a lot of people are not focused. focusing on. I think the Supreme Court will focus on that. I think Trump will win this, and I think
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the DC and Georgia cases are dead. I want to know what you guys think. Let me know in the comments
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Also, please remember to like, comment, and subscribe, and share. It really helps us out
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I'm Carmine Sabia for Explained America on YouTube. We love you guys. God bless you. Take care, everybody
Politics
Constitutional Law & Civil Rights


