A former White House lawyer under Donald Trump, Jim Schultz, anticipates that the top Washington court will promptly dismiss Trump's attempt to claim legal immunity for actions taken during his presidency. Schultz expressed confidence in the court's swift response to Trump's immunity claim during an interview with CNN, emphasizing the significance of the US Court of Appeals for the District of Columbia Circuit in the legal community.
Referring to the ongoing investigation by special counsel Jack Smith, Schultz remarked, "The DC circuit court is kind of the warm-up act for the supreme court. A lot of supreme court justices have come from the DC circuit. And this is the right tribunal to be hearing it. And I think in this instance, the DC circuit court is going to act swiftly. And I think they’re going to knock down this immunity claim … very swiftly."
Trump is seeking legal protection for actions taken during his presidency, and the court of appeals is set to play a pivotal role in determining the outcome of this claim. While the Supreme Court rejected the idea of expediting the process, Schultz believes that the DC circuit court will act promptly in addressing Trump's immunity request.
Lawyers representing Trump were expected to submit a written brief on Tuesday, with oral arguments scheduled for the following week. Trump is facing federal charges related to attempted election subversion, state election subversion charges in Georgia, and additional charges related to the retention of classified information and hush-money payments in New York. Despite these legal challenges, Trump remains a prominent figure in Republican primary polling, even amid threats of being barred from the ballot in Colorado and Maine for inciting an insurrection.
The legal argument put forth by Trump's team is likely to center around the interpretation of the 14th Amendment to the US Constitution. Schultz suggested that the basis for their appeal would be the assertion that the 14th Amendment does not specifically apply to the President of the United States. However, the ultimate decision on this matter is expected to rest with the US Supreme Court, depending on interpretations of the 14th Amendment's relevance to the president.