Alvin Bragg wants to lead Trump battle if Supreme Court case is delayed

 December 24, 2023

The Supreme Court's rejection of Jack Smith's request to expedite former President Donald Trump's claims of presidential immunity marks a victory for the former president though he still faces uncertainties, according to former White House ethics czar Norm Eisen during a CNN panel on Friday.

Eisen noted potential accelerating factors, such as the Supreme Court's decision, similar to Trump v. Thompson, where the Court denied cert, indicating that Congress could investigate Trump and pierce executive privilege.

The plan

Eisen suggested that the D.C. Circuit might also play a role in accelerating the case by turning down or lifting the stay.

While acknowledging that Smith might have been too conservative in his approach, Eisen expressed the view that the panel overseeing the case appears skeptical about the immunity claim, considering it borderline frivolous.

Eisen pointed out that Trump still confronts other state-level cases, with Manhattan prosecutor Alvin Bragg's business fraud case having a trial date set for March 25th, 2024.

Eisen emphasized the unpredictability of the legal and political calendar in the first half of 2024, particularly concerning potential poll shifts in the event of a conviction based on a New York Times/Siena poll.

Other cases

Eisen highlighted the potential for accelerating factors, including the Supreme Court's historical stance on cases related to Trump.

He cited instances like the Trump v. Thompson case, where the Court denied cert, indicating a reluctance to interfere with Congress's investigation into Trump.

While expressing his opinion that Jack Smith might have taken a conservative approach, Eisen emphasized the skepticism of the panel overseeing the case regarding the presidential immunity claim, characterizing it as borderline frivolous.

More to come

Notably, Trump is not free from other legal challenges, particularly state-level cases.

The business fraud case led by Manhattan prosecutor Alvin Bragg has a trial date set for March 25th, 2024, demonstrating that the legal battles extend beyond the Supreme Court's recent decision.

Eisen also underscored the potential political implications of Trump's legal troubles, citing a New York Times/Siena poll indicating a 14-point swing in six swing states in the event of a conviction.

This unpredictability adds another layer of concerns to Trump's comeback battle for the White House in 2024 as he faces several cases against him in Florida, Georgia, Washington and New York, in addition to cases seeking to remove him from the ballot over his role in Jan. 6, 2021.

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