Neal Katyal, who served as the acting Solicitor General during the Obama era, voiced his frustration on Sunday over the continued delay in the ruling by a three-judge D.C. Circuit Court of Appeals panel.
Immunity Claim
The panel heard Donald Trump’s argument in early January, in which he claimed total immunity from prosecution in the D.C. election subversion case for acts committed during his tenure as president.
Anticipated Verdict
If Trump’s appeal, which is widely anticipated to be unsuccessful, results in a loss, he might escalate the case to the U.S. Supreme Court.
Self-Pardoning Options
In such a scenario, the trial could be delayed until summer or fall or postponed until after the election. In that case, Trump could explore options like self-pardoning or halting prosecutions if he secures the GOP nomination and regains the White House.
Swift Case Resolution
On MSNBC’s “Inside with Jen Psaki,” Katyal voiced concerns about the case delays, emphasizing the need for swift resolution before the upcoming election.
Freakout Stage
Katyal emphasized, “I am officially now at the freakout stage. I’ve resisted that for a long time.”
Host Response
Psaki responded, “You don’t typically freak out, so that’s important.”
Delay in Justice
“I think we’re now at the point, to use a different legal phrase, that ‘justice delayed is justice denied. I can’t imagine a more compelling need for speed than the idea that American citizens deserve to know before the election whether a candidate for office is a felon and an insurrectionist, Katyal continued.
Extend Timeline
The trial concerning Trump’s involvement in the 2020 presidential election and the Capitol riot on January 6, 2021, was expected to commence next month. However, the timeline has been extended due to the appeals court reviewing his immunity claims.
Pending Decision
Judge Tanya Chutkan of the U.S. District Court put the case on hold on Friday pending a decision from the appeals court.
Frustration over Duration
Katyal expressed frustration over the duration taken to resolve the immunity debate, finding it unnecessary.
Wild Claims
During the presentation of the total presidential immunity case by Trump’s legal team before the judge’s panel at the District of Columbia Circuit Court of Appeals last month, Trump’s attorney, John Sauer, tentatively suggested that a president might have immunity from prosecution for actions like ordering an assassination or selling pardons, leading to panel pushback.
Trump is Not Right
Katyal criticized the immunity defense as baseless, stating, “There is no responsible constitutional scholar who thinks Donald Trump is right.”
Unfathomable Argument
He finds the argument that a president could commit egregious acts under the guise of immunity unfathomable.
“Real Problem”
With a fast track initially set by Judge Chutkan, Katyal is perplexed by the appeals court’s inaction. He fears the delays could prolong the trial beyond June, and a potential Supreme Court involvement could further delay the proceedings.
“This is a real problem,” he concluded.
No Valid Justification
Speaking on the show, former federal prosecutor Andrew Weissmann concurred with Katyal, asserting that there is no valid justification for a delay.
Absurd” & Preposterous
He also characterized Trump’s claim to immunity as “absurd” and “preposterous.”.
Unnecessary Concerns
However, according to Georgia State Law Professor Anthony Michael Kreis, alarm is unnecessary. He pointed out that the court is currently deliberating on three other issues besides the immunity claim.
Not Anxious Yet
Kreis wrote on X, “Far from delaying, judges are working a relative lightning speed. Would I like to have had a decision already? Yes. Is there a huge difference between waiting 14 days or 30? No. If a month goes by without any word, then I’ll start to get anxious.”
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