KUALA LUMPUR: The prosecution in the sedition case involving Datuk Seri Muhammad Sanusi Md Nor told the Selayang Sessions Court that the Kedah Mentri Besar's application to stay his trial was merely a delay tactic.
they sent in november were not legally valid because they were issued before the full house authorized an impeachment inquiry in december. joining me now to discuss is cnn legal analyst norm eisen. what do you make of this argument by hunter biden's team that the subpoenas issued before the impeachment investigation was officially open into president biden are invalid and do you see this as a delay tactic given that a new subpoena can then be issued now? >> the subpoenas do have significant legal questions swirling around them and that is because of a legal opinion issued by none other than donald trump's department of justice when i was working on the first impeachment of the former president, there was a similar timing issue and the department
questions to your point, but those questions are really also for themselves. judges are trying to ask questions to try to persuade or ask and influence their other people on the bench. they may ask a lot of questions to appear skeptical. they may want to appear as though, which they are supposed to be, and i hope they are, objective. but at the end of the day, they will try to pick apart the arguments on both sides. they might already have an idea what the constitution says or doesn't say, but i think this is an opportunity to see what the defense will say. why do you think you have double jeopardy attaching for the impeachment? not a criminal proceeding. why do you think you have absolute immunity for these things? and by the way, it is just a delay tactic. the court does not like games played in their courtroom. >> political and legal calendar, if you look at it over the course of the next few months -- >> hurts your eyes. >> yeah, looks like the weekend sports calendar in the mattingly household.
they seem to question whether it would properly befall a court at this time. so i just think the absolute immunity claim has no legs. >> that was brought up in a miki brief whether or not this needed to be tried before it was appealed. one other question for you. when we are considering what happens next, we are looking at a supreme court that you said was appointed by donald trump much of it. i mean, i just wonder how confident you can possibly be in their decisions but mostly what i'm wondering now is the delay tactics. laura jarrett was talking about this was not exactly a serious argument from the trump team. it's just an effort to get them to push it down the line so that if donald trump is re-elected, he has the ability, the chance to dismiss all of this. do you see it as just a delay tactic and is there more that might be up the trump legal
the federal government has a very limited role in the oversight of state elections and even federal elections which are conducted by the states. our actual federal election system is actually conducted, for the most part, by state officials. electronic voting systems. it is laughable in its face but it is, nonetheless, a novel argument. >> we have seen him use this time and time again. until he can't use it, he seems to want to use it. is it a delay tactic? >> i think it is partially a delay tactic. it is partially an opportunity to advance an argument that since it hasn't been rejected, theoretical cancer can be accepted. i also think, you mentioned a moment ago. this case is before the federal
supreme court if they take the case. >> the federal election interference case has been paused while this immunity question is appealed. now the trump team has asked the special counsel, jack smith, be held in contempt. they're asking because he filed motions after judge chutkan said that she was delaying them again, pausing everything for the appeal. jack smith's office pushed back, they said they were voluntarily sticking to those deadlines and that they had said exactly that. i'm really curious about what you think, obviously, judge chutkan issued a stay while this immunity situation is being worked out. but jack smith seems to say, we're gonna work in background, when questions are asked about we can be on track, is this a delay tactic or again, is there they're there? >> it's unusual, i'll say this for my case has been stayed for either side to continue falling motions. however, in this case the
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that's nonsense. it's just blowing smoke and a delay tactic. that cannot happen. you cannot appeal her decision about setting a trial date. you cannot. it won't happen. it simply won't happen. >> how about the coordination -- judge chutkan says she spoke with the judge overseeing judge's criminal case in manhattan. that's set for march. >> march. >> the idea of a march date in new york, at the state level, and the march date in the federal court in washington, d.c., does that mean that the federal trial and that conversation would have said, look, i'm going to have to flex the idea of being a federal judge and you'll have to reschedule your date? or do they go the same month and that's it? >> i don't think they go the same month. i would think that the manhattan d.a. would concede they let the federal judge go first on this. if i were in her situation, i would flex my muscles. i have this date. this is going to happen.
officers, really don't have a good argument to remove it to federal court. >> elie, i guess trump is expected to do the same thing. that could be part of his team's delay tactic, but also a way to undermine the rico charges brought against him and his co-defendants. and i suppose, you know, if mark meadows gets his way and he's plucked out of this case and all of a sudden you have fewer co-defendants, the case could still go forward to trial, i imagine. it would just be without him as a defendant. >> yeah, there's a lot of different people pulling in a lot of different directions here. if mark meadows or more than just mark meadows succeeded in getting this case moved to federal court, then we're going to be on two tracks. whether that serves donald trump's interests, i think it would. i absolutely expect him to bring this motion. he's not done so yet, but as carrie said, he was a federal officer. i agree with carrie, he does not
to make a decision. if they get removed, it will be in federal court and a bigger jury pool. but i don't think it's outcome determinative of what will happen in the trial. the evidence is going to come in. the jury is going to decide whether they did this or didn't. >> is it just a delay tactic? >> no, because i say yes and no. no, in a sense that if it gets remove d to federal court, they will then argue they are immune from prosecution because they were federal employees acting in the scope of their employment. they get to have immunity. so that's not a delay tactic. that's a get the case dismissed tactic. but there's also the delay aspect to this. and many of these defendants, like many in trials around the country, would prefer they have