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CNNW The July 4, 2024

Supreme court will decide whether donald trump is immune from prosecution in the federal Election Interference currants case. But they also may have just played a major role in his legal strategy. We have new reporting on trumps reaction to it all tonight also, our exclusive interview with senator mitt romney, the only republican senator to vote to convict trump twice. Hell weigh in on what he believes a second trump term would mean. And also a key figure of watergate john dean will join me. What is president nixons white House Counsel make of the ruling that could shape us history. Im Kaitlan Collins this is the source we are feeling shockwaves tonight from the Supreme Court. And if things play out as they now seem, that they will, donald trump will not have to face jack smith in court until deep into 2020. 24 potentially right up against the election, or even more likely after the election. And of course, all of this depends on whether or not he wins that election. In which case he may never have to face jack smith. It all on this case thats because the Supreme Court now says it is going to decide whether donald trump, as a former president , has immunity from being criminally prosecuted for the actions that he took while he was in office, that includes his attempt to overthrow a free and Fair Election in 2020. The Supreme Court waited weeks to announce this decision and did not schedule arguments until the week of april 22. And lets two months from where we sit today. This is after that a federal Appeals Court issued that blistering, but also an importantly unanimous ruling saying that citizen trump is not immune a president of this country has to have, immunity or theyre not going to be able to function in office when they talk about threat to democracy she thats your real threat to democracy and i feel that as a president , you have to have immunity were hearing from sources tonight that trump and his team view this as a win for now course, theyve been working repeating to push his federal trials until after the 2024 election it may get their wish on one of them because this decision means that a ruling from the Supreme Court may not come until late june, even if trump loses on the merits here, which his team im told expects could likely happen. He could actually win on a technicality. It takes time to get to trial going to pick a jury. Trumps attorneys, the doj, the judge here. Judge chutkan well all have to turn their focus to the calendar where there are other court cases expected to be on there. And of course, well ultimately see whether trumps efforts to run out the clock on a trial when it comes to overturning the last election, at least trying to before election day this year paid off. Here tonight, former counsel to attorney to the Attorney General, shan wu, cnn legal analyst and former federal prosecutor, Elliot Williams also cnns senior Supreme Court analyst, joan biskupic, and cnn senior Law Enforcement analyst and former Deputy Director of the fbi. Andrew mccabe and joan, let me start with you because we have kind of been waiting and waiting and waiting. What does this mean and what do you make of how they decided to do this now and here this late april they had several weeks to tell us when whether they wanted to intervene. Actually, they had since last december when Special Counsel jack smith first went to the Supreme Court and said, please hear this case. He understands how long it takes to resolve any kind of serious question like whether a former president is immune from criminal trial. He said, please intervene then the justices rejected it in a onesentence order with no explanation. And now theyve waited two weeks after additional filings had come in. Once we had a Dc Circuit Interim Ruling and what it means is they do not embrace a sense of urgency to the extent that Special Counsel jack smith on behalf of the United States and the department of justice has toward trying President Trump. But they did give the Special Counsel something instead of just scheduling it as you normally would any case granted in the month of february, scheduling it for next session, they decided theyd schedule that at least for april arguments, which means we would probably get a ruling at the end of june if its resolved on the same kind of schedule that other cases that will be argued in april, well go. But caitlin, this delay suggests theres plenty of tension behind the scenes. And i could see this being pushed further into summer. And i think the very bottom line here is that this Supreme Court is going to remain at the center of the Election Year controversies and it also means that because of this action today, its unlikely donald trump would be tried in any way on this Election Subversion Claim by summer. And maybe not through all of 2024, the idea that he may be pushed even later, you talk about that tension behind the scenes. I mean, as a former federal prosecutor, what do you make of this . What i make a visit back that judges and particularly the United States Supreme Court, more than any other entity in america operates on its own timeline, operates on its own schedule and has chosen not to face the political realities of the fact that we have an election and prosecutors that want to have a case going on on their own timeline now, to be clear, the Supreme Court, as weve all talked about here on this network, the Supreme Court could have simply taken up the lower court opinion, not taken up per say, but just not not stepped in at all and let that prior opinion stand. It was unanimous. It was clear and quite frankly, its very likely that whatever they do besides somewhat tracks the reasoning in that opinion because the law, at least to me as a lay person, seems pretty clear on this issue about immunity. They have chosen to step in, they are moving i guess fast and Supreme Court terms, but it did not need to take as long as it did. Lets just put it that will shed if youre looking at this, if youre jack smith tonight, how are you viewing with the Supreme Court has decided because to joans point, they didnt move as fast as they could, but they did move faster than they normally do. If im jack smith, im pretty frustrated with this i mean, bestcase scenario. Im tremendously under the gun in terms of the timing. Some things i could try to do, this, speed it up as there to be a shorter prompt prep time, but it makes it really hard and disagree respectfully with elliot. I think it is a very political decision actually, because by them refusing to just let the case stand, they have to have their pawprints on it. They have to get involved when it was a very strong decision. And they could have just want to stand. So they are involved putting well, to be clear, it wasnt saying one isnt a Political Choice at all, or just saying that they we were talking about this before. Its the snooty news of the United States Supreme Court. What it is supreme arrogance what they have done is theyve preserved for themselves the final word on this issue, and they have done it at the expense of ever having these charges and the evidence supported the supporting them ever considered by a fair and impartial jury, because in all likelihood, i mean, its its hard to predict with any degree of confidence because they were so many variables that will fall into place as we get these decisions but i think its the likelihood is that we will not see a trial of these charges before the Jack Smith Point on the question of house jack smith thing. Remember jack smith asked for this case to be taken up by the Supreme Court back in december. They could have addressed the case in sort of jumped over the Appeals Court. And i think they could have because then then it would have answered why they are intervening here because i dont think its bad that theyre intervening generally to say were the Supreme Court, we should have the last word on it. But the point is that theyve delayed it and actually, i would predict right now, they will probably affirm The Dc Circuit to get up if theyre going to be because they are the Supreme Court and they want to have the last word enough of them. Lets remember whos on this court also. There is a 63 conservative liberal majority, but its not just that it breaks down along ideology that way without a lot of justices, several of them whove worked in the executive branch, who takes who take the idea of Separation Of Powers and Executive Authority seriously. So im sure theres some very substantive reasons to get involved. The only question is when and they already deleted from december. And the way this order came down, it already when you say supreme arrogance, you mean because they are going to likely affirm this decision and that they didnt have to take it up. But but as jonah saying, they want it to be them, is that what you mean by that . It is. And i think theres another aspect of this kaitlan. There and i know elliot is going to jump in here and disagree with me vociferously, but thats fine. There is an imperative here about having some finality to these issues. For the voters to be able to consider before the election. Judge chutkan has referenced this in a bunch of her statements and in her rulings on some motions, jack smith has argued it in several different in several different filings, and i would argue that this resolution of these charges is important, not just to people who are not supporters of President Trump and are seeking some desire of accountability for what they perceive as his illegal actions with respect to 2020, but also for trumps supporters, if you want to see donald trump reelected or are elected, you should want him to go on trial and be proven innocent and carry that that vindication into the final months of the campaign. And we could potentially see that in the sense of okay, so lets say that decision does come out in june. Everyones been doing the rough math if they tried to schedule the trial two months later, but because theyve got to have the procedures in place, i mean, could they actually schedule a trial that close to the election . They could schedule a trial that cronus of the election that would be pretty breakneck just so folks understand, it would take roughly two to three months based on sort of the estimates that folks have to get from the day of an opinion, it comes out to coming to trial. Now, the Justice Department has a policy ill see if not taking investigative actions within 60 days of an election. Now, the problem, 36 years when election now the problem is, what about a trial that maybe could have started six months ago or started a few months ago, but carries over into the days before the election. Its sort of in a gray or space now, i think the Just Department still proceed and try to move forward with a trial its closed. So what are the classified documents case is underway in august. And then how does that play here . Because that could certainly complicate that. Thats not going to happen but the classified documents case, i think thats a slow roll but i think maybe neither of the us could go to trial. Oh, absolutely. I think thats a very real possibility that neither of these will go to trial. And just to throw one more wrench into the works if they schedule it and the preparation goes really fast. To me, its not impossible that Attorney General Merrick Garland would actually exercise discretion he asked them oversight over this and say, this is too close to the election. It looks to partisan to me even though all his nonaction ends up being partisan, hear, he might actually step in and say, i think this is too close. I mean, i think its important to take a step back and realize how big this is. We talk about so many different legal developments. But this could actually decide whether this happens if it doesnt, if trump does win the election, in this case hasnt seen the light of day before then he makes it go away, gone. The jury, the American People never get to hear these charges in this case. You they never hear this one, and they never hear the maralago case, which i agree with shan will be likely to be heard after the election anyway. So you think about that, if if, as we, some of us think that this unlikely with this decision today that were unlikely to have this case tried before the election youre basically looking at a 50, 50 chance that either of these cases well ever go to trial. Its a markable joan. The role of the Supreme Court is going to play regardless of what they decide in the 2024 election, because they dont just have this, theyve also got the colorado ballot case. I mean, they have so much in their hands right. And the colorado ballot case was heard on february 8th, and we still dont have a ruling there. We do know from Oral Arguments and i think we can take this to the bank that this Supreme Court is going to reverse the colorado Supreme Court and say that donald john shouldnt remain on state ballots. Now i had thought we have a ruling by at least monday the day before next monday the day before super tuesday, when colorado voters finished their balloting for the primary and several other states have their primary elections. We still could get it, but we know which way that ones going where are we suspect, but thats but its still an important decision from them. An important decision that says contrary to what the colorado Supreme Court said, donald trump cannot be kept from ballots under this provision of the constitution that bars people who had taken an oath to uphold the constitution and then engaged in an interview correction. A remarkable moment, glad to have all of your perspectives on this tonight. 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