Former prosecutor warns of possible paths for Trump to avoid prosecution

3

Former federal prosecutor Glenn Kirschner on Tuesday expressed concern about ways President-elect Donald Trump could avoid prosecution, even in cases that remain unresolved after his inauguration. Kirschner pointed to legal strategies and possible Supreme Court decisions that could shield Trump from accountability.

• Kirschner noted that a Trump-appointed attorney general could request that the cases be dismissed with prejudice, permanently barring prosecution.
• He argued that Trump could attempt a self-pardon, suggesting that the current majority of the Supreme Court could consider such a move legal.
• Another scenario involves Trump resigning and arranging for Vice President-elect JD Vance to grant a full pardon in exchange for political considerations.
• Kirschner described the outlook as “bleak and dark,” but stressed the importance of continuing efforts to achieve justice.

‘Pretty grim and pretty dark’: Former federal prosecutor laments how ‘Trump was able to avoid prosecution’

Former federal prosecutor Glenn Kirschner on Tuesday lamented the ways President-elect Donald Trump could evade any prosecution.

Judge Tanya Chutkan granted Special Counsel Jack Smith’s Monday request to dismiss his election interference case against Trump, quoting Department of Justice (DOJ) guidelines stating that the case must be dropped before Trump’s inauguration. kirschnerin your YouTube channeldescribed how Trump could ensure that he would never face prosecution in the case even after his presidency, an option Smith maintained. available in his motion to dismiss.

LOOK:

“I want to address three main areas of concern that tend to run counter to the hope or expectation that Donald Trump will be impeached in the future. The first is that when Donald Trump takes office and appoints an attorney general, that attorney general can order his prosecutors to go to court and file what’s called a motion for reconsideration,” Kirschner said. “And they could say, ‘Judge, we understand that not long ago, before there was a change in the administration, prosecutors asked that the criminal case against Donald Trump be dismissed without prejudice. We will ask you to reconsider that ruling and we will ask you to dismiss it, with prejudice.’”

The former federal prosecutor said “there are some procedural and substantive impediments” to a Trump administration attorney general being able to persuade a judge to dismiss the case with prejudice, but that “they could try.”

Kirschner added that Trump could likely pardon himself with impunity due to the current makeup of the Supreme Court.

“The Supreme Court gave presidents the power of anarchy. So what could Donald Trump do once he’s sworn in? “I’m forgiving myself.” Now, I have maintained all along that a presidential self-pardon should not be accepted by the courts as legal or constitutional,” he said. “I think that was a pretty good argument before this radical, far-right, six-justice majority that gave presidents the power of anarchy. “They would probably say he can pardon himself… So Donald Trump could give himself a pardon – a pardon for himself – and I guess the Supreme Court would say, ‘Well done.'”

In addition, Kirschner suggested Trump reach an agreement with the vice president-elect. J.D. Vance receiving a pardon from him instead of forgiving himself, saying he “could simply orchestrate a quid pro quo, ‘this for that’ deal” with him. He said Trump could “resign the presidency” and ask Vance for “a full and blanket forgiveness for everything he has done in his life.”

“That’s a third way Donald Trump could avoid being prosecuted when he leaves office, unless the Supreme Court determines that this is a pardon so corruptly granted that it would be invalidated,” Kirschner said. “This Supreme Court is not likely to do so.”

“So, friends, listen up. I always have to call it like I see it, and right now I see it as pretty bleak and dark. You already know that we are going to continue looking for points of light. Let’s go feed them. Let’s continue talking about them. “We are going to wait for them to grow up and begin to overcome the darkness,” he continued. “But it’s pretty dark. It’s pretty dark right now. But we will continue to fight and I know that you will continue to fight. Because Donald Trump wants us all to relax. He wants us down, depressed, right? He wants us to just throw in the towel. We are not going to throw in the towel. Because justice matters.”

The 11th Circuit Court of Appeals also accepted Smith’s request Tuesday to end legal proceedings against Trump in his classified documents withholding case.

All content created by the Daily Caller News Foundation, an independent, nonpartisan news service, is available free of charge to any legitimate news publisher who can provide a large audience. All republished articles must include our logo, our reporter’s signature, and their DCNF affiliation. If you have any questions about our guidelines or how to partner with us, please contact [email protected].

All content created by the Daily Caller News Foundation, an independent, nonpartisan news service, is available free of charge to any legitimate news publisher who can provide a large audience. All republished articles must include our logo, our reporter’s signature, and their DCNF affiliation. If you have any questions about our guidelines or how to partner with us, please contact [email protected].