Trumps Presidential Immunity Defense with Saraphin Dhanani and Benjamin Wittes
Some time soon, former President Donald Trump is expected to file a motion in U.S. District Judge Tanya Chutkan\u2019s courtroom to dismiss the Jan. 6 case against him based on some theory of presidential immunity. In a recent piece for Lawfare, our very own Legal Fellow Saraphin Dhanani and Editor-in-Chief Benjamin Wittes write, \u201cThe bottom line is that this defense is a bit of a moon shot for Trump, but it\u2019s not a crazy moon shot.\u201d
Lawfare Managing Editor Tyler McBrien sat down with Saraphin and Ben to talk through their article, \u201cThe Trump Defense, Part II: The Presidential Immunity Gambit.\u201d They discussed the general contours of the defense\u2019s argument and strategy, the prosecution\u2019s likely counterarguments, and all the murkiness and unknowns in between. They also talked about how, even if Judge Chutkan does not accept Trump\u2019s immunity defense\u2014and even if the appellate courts ultimately affirm her judgment on that score\u2014the immunity defense could still be useful to the former president.
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