Jeffrey Toobin Says Jan. 6 Case Against Trump Is Toast: ‘Will Never Be Tried’
Former federal prosecutor Jeffrey Toobin said the U.S. Supreme Court effectively doomed at least one of the criminal cases against ex-President Donald Trump.
On Monday, the court handed Trump a victory by ruling that presidents have immunity from prosecution over “official acts” they take as president. The former president has been convicted in New York on 34 felonies and is under indictment in three other jurisdictions. Those cases may now be in jeopardy, as lower courts will likely have to determine whether Trump’s conduct in question constituted “official acts.”
In response, President Joe Biden ripped the court’s decision in an address from the White House, calling it “a dangerous precedent.”
Shortly after the ruling, Trump’s lawyers wrote to Judge Juan Merchan to request he set aside the New York jury’s guilty verdict in the former president’s hush money case.
Appearing on Monday’s AC360 on CNN, Toobin offered his reaction and said the federal case against Trump in Washington, D.C. – where Trump is charged relating to his efforts to overturn the 2020 election – is doomed:
It’s a big, big victory for Donald Trump. It means that the January 6 case – the case before Judge [Tanya] Chutkan in the District of Columbia – is at a minimum delayed until after the election, but I think will never be tried because if you look at how Chief Justice [John] Roberts framed the issue, he said that all official conduct is not only off limits for prosecution, but there can’t even be any evidence presented about official conduct.
And the definition of official conduct is so broad but that it seems to eat up the entire indictment, in my view of the January 6 case. So, I think either Judge Chutkan or an appeals court or the Supreme Court will wind up dismissing the January 6 case because it involves official conduct.
Watch above via CNN.