Obama-era acting Solicitor General Neal Katyal on Sunday expressed his impatience at still waiting for a three-judge D.C. Circuit Court of Appeals panel to rule on Donald Trumps claim which it heard early January that he cant be prosecuted in the D.C. election subversion case because, he argues, he had total immunity for acts committed as POTUS.
If Trump loses his appeal, as is expected, he may take it to the U.S. Supreme Court. The trial could then be pushed to summer or fall, or even postponed until after the election, following which Trump could pardon himself or stop the prosecutions if he becomes the GOP nominee and wins back the White House.
I am officially now at the freakout stage. Ive resisted that for a long time, Katyal told MSNBCs Jen Psaki.
Psaki acknowledged, You dont typically freak out so thats important.
I think were now at the point, to use a different legal phrase, that justice delayed is justice denied, Katyal responded. I cant imagine a more compelling need for speed than the idea that American citizens deserve to know before the election whether a candidate for office is a felon and an insurrectionist. And its even more galling to me because this is an easy case. There is no responsible constitutional scholar who thinks Donald Trump is right, that there is absolute immunity.
This is a real problem, he added.
Former federal prosecutor Andrew Weissmann said he was in violent agreement with Katyal, argued there really is no reason for a delay. He also called Trumps claim to immunity absurd and preposterous.
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