Retired Federal Judge J. Michael Luttig said Tuesday on MSNBC’s “Deadline” that he believed the Supreme Court would not take up the case leaving in place the federal appeals court rejection of former President Donald Trump’s claim of absolute immunity.
Luttig said, “Today’s decision from the United States Court of Appeals for the District of Columbia Circuit was historic. It’s a landmark decision holding that a former president is never immune from federal prosecution for offenses committed against the united states when he or she was President of the United States.”
He added, “I do not expect the Supreme Court to review that decision by the D.C . Circuit. in the D.c. circuit case, a number of my friends and former colleagues in six Republican administrations prior to the Trump administration filed an amicus brief with the D.C. Circuit court of appeals in which we argued that a president is never immune from federal prosecution for offenses committed while he was president. But if there’s one single instance in which he or she is not immune, it is where as here with the former president, he or she attempted to remain in power in violation of the executive vesting clause of the constitution preventing the peaceful transfer of power and denying his successor in this instance President Joe Biden the powers of the presidency to which he had rightfully become entitled.”
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