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Hey, ladies and gentlemen, this is Carmine Sabia for Explain America and the Supreme Court of the United States
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is about to give President Trump exactly what he needs, exactly what he wants
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Those little things really help us out, and they help our channel continue to grow
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So one legal expert, and actually several legal experts, are weighing in here on Trump's case before the Supreme Court about
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immunity. Well, the argument Trump is making is that he has total immunity
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from the charges and from criminal prosecution. Now, the other side of the coin is Jack Smith's team saying
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well, the president has no immunity at all. Both of these are likely wrong and they're both
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extreme cases. The president likely does have some criminal immunity, but not complete criminal
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immunity. And this would be for official acts. Like when former President Obama
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drone strikes on American citizens who were terrorists overseas where they didn't get their due
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process. He wasn't prosecuted criminally for that, but under the statutes they're trying to get
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Trump on, a district attorney that's Republican could bring that case back and say, all right
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well now we going to prosecute Obama And this is where the gray area lies But what this legal expert is saying is that look he not going to get total immunity but he probably going to get partial and it probably going to get kicked back to the lower courts first
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which means there's almost no chance this case happens before the election
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and that's where Jack Smith is trying to fast track it for. And it looks like that, that's never going to happen
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And that is a big problem for not only Jack Smith, but for, you know, Joe Biden
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who probably wants this case before the American people and really damage Trump as much as he
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Ken, and it looks like all he's going to get is that weak bragged case in New York
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I'm Carmine Sabia 4 Explained America. We love you guys. God bless you
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Take care, everybody. Okay, thank you,후, Julian. Jonathan, Trump obviously wanted to be here today at the Supreme Court
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He's not. He's at New York Supreme Court facing criminal charges in his trial there
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Do you think his presence here? today would have made an impact, any kind of difference on the judge's mindset coming into these oral arguments
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I don't think it would change the judge's mindset. In some ways, having him in New York is the best argument he could put in front of the justices
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because Alvin Bragg is making the case for him. I mean as the court considers the implications of not extending immunity to presidents Alvin Bragg is showing what that means I mean this is a highly political in my view legally absurd case in Manhattan and it playing out as the court considers the implications of this type of prosecution
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And so for the court, I think it's only going to reinforce this idea that we don't necessarily want to go to either extreme
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but perhaps there's a nuanced or middle road here where we can afford some protection to a president
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for actions taken related to their office. All right, Andy McCarthy, let me get you in here
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So what do you think the court will do here? Sometimes they like to move incrementally, right
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Like, well, I'll send it back to the lower courts and we'll wait and see if it comes back up again
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Do you think they're inclined to do that in this case because time is of the essence, the election is just a few months away
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Well, Dana, here's part of the problem, though. Why is time of the essence
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There's no importance from a rule of law standpoint and from a law enforcement standpoint
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there's no importance in this case being tried before election day. That's the agenda of the Democratic prosecutors who have brought these cases
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The fact that there seems like there's a crisis and this criticism of the court
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that they didn't get to this fast enough is not over a legal imperative
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it's over a political imperative, where you have Democratic prosecutors. The one in New York it an elected Democratic prosecutor who decided that they wanted to get Trump on trial and by their lives hopefully convicted in the run to the election
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To my mind, if I'm the court, I'm actually put off by that
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I don't feel like a pressure to accelerate my consideration of the case
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I resent the fact that I've been thrown gratuitously into a political context
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This is a complicated question. The problem with it is everybody knows that a president does have to have immunity for the acts that he takes within the authority of the presidency, within the ambit of his constitutional responsibility
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We've gone almost a quarter of a millennium without having to spell that out because it's totally obvious
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But it's one of those obvious things that's hard to write without inviting illegal activity by the president
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So unfortunately you have Trump and his opposition, which essentially, you know, between the two of them, they destroy every norm that we've ever had before where we didn't have to have a court pronounce something that's so obvious
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And it becomes a fraught question if you have to try to write what the immunity is
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Carrie, the two trials, New York and at the Supreme Court today, obviously taken place more than 200 miles apart
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