Jim Schultz, a former White House ethics lawyer who served during the Trump administration, made a prediction on Monday regarding the legal challenges faced by former President Trump. Schultz anticipates a rapid rejection of Trump’s claim for immunity as the ex-president confronts multiple federal indictments.
Following the Supreme Court’s decision on December 22 to abstain from ruling on whether Trump could be prosecuted for attempting to overturn the 2020 election, the case now proceeds to the District of Columbia Circuit Court. Schultz views this court as a preliminary stage to the Supreme Court, given the presence of justices who previously served in the circuit court.
In an interview with CNN, Schultz expressed confidence in the case brought by Justice Department special counsel Jack Smith, stating that the D.C. Circuit Court is likely to act swiftly. He expects the court to promptly dismiss Trump’s immunity claim, which argues that he should be shielded from prosecution due to the alleged offenses occurring while he was still in office, including the Capitol riot on January 6, 2021.
Trump’s legal team had previously asserted this immunity claim, but it was rejected by the original judge overseeing the case. Despite the appeal to the D.C. Circuit Court, Smith remains steadfast in rejecting Trump’s argument for immunity. In a filing, Smith emphasized that a former president, once out of office, is subject to federal criminal prosecution like any other citizen, refuting the notion of post-presidential immunity based on legal principles and historical evidence.