This week a federal appeals court will hear arguments relating to Donald Trump’s claim of “presidential immunity” from some the 91 felony charges he is currently facing. It’s a peculiar legal strategy wherein Trump, unlike rational defendants, is choosing to refrain from assertions that he is innocent, in favor of a convincing the court that he is entitled to break any laws that he wants.
To assist him in this profoundly eccentric defense, Trump has assembled a crack team of attorneys, featuring former parking lot lawyer, Alina Habba. While she has little to no experience in constitutional or criminal law, she does meet Trump’s highest priority for representation: She looks good on TV. Unfortunately for Trump, that doesn’t help him to prevail in any matter of law.
On Sunday Habba joined Fox News Senior Trump-fluffer, Maria Bartiromo, for a morning mass and adoration of Dear Leader. The services began with Ava Maria offering Habba an opportunity to probe Trump’s latest assault on special counsel Jack Smith.
Bartiromo: First I want to ask you about special counsel Jack Smith. What is President Trump’s reasoning for wanting him to be held in contempt?
Habba: Because he is in contempt. He has clearly ignored the Court’s stay of the decision, the decision is completely disregarded. Just like anything, the radical left are pushing their own agenda.”
So to summarize, the reason Trump wants Smith to be held in contempt is “because he is in contempt.” Which is the same sort of legal genius that holds that a murderer is guilty because he’s guilty. Habba elaborates on her argument by raising the specter of the invisible but ever present “radical left [who] are pushing their own agenda.” Which, of course, has nothing to do with the matters before this court. She then proceeds to explain the details of the case to Bartiromo and the Fox News cult.
“What happened is there was a stay in the proceeding. That means that all actions, all activities on that case must stop until the issue of presidential immunity is addressed. That means that the president would have immunity during the time, as he was sitting president. The same immunity Biden and Obama and everybody else does.”
Bartiromo: What is President Trump’s reasoning for wanting Jack Smith to be held in contempt?
Habba: Because he is in contempt. pic.twitter.com/ECLKGouPAU
— Acyn (@Acyn) January 7, 2024
Habba’s analysis of the law leaves out a couple of critical factors: “Analysis” and “law.” Her assertion that a stay “means that all actions, all activities on that case must stop.” is ludicrous. A stay does not prohibit attorneys on either side from continuing to work independently on their case. Only the court proceedings are paused. If the prosecutor chooses to keep working, but the defense decides to take a break, that is entirely up to them.
Habba is also mistaken with her opinion on “presidential immunity” when she claims that a stay “means that the president would have immunity during the time.” No it doesn’t. The question of immunity, which is the very principle that resulted in the stay, has not been adjudicated and, therefore, Trump cannot be presumed to have it. Particularly the way he defines it that is so preposterously broad that it would indemnify a president from any crime, including murder. Does he really want to set that legal precedent while Joe Biden is still in the White House?
Special Counsel Smith responded to Trump’s contempt charge saying that “the Government intends to comply with its continuing discovery obligations” so that the pretrial schedule can be resumed after the stay is resolved.
Habba also whined that Jack Smith “has continuously filed motions to inundate our team.” That complaint was specifically addressed by Smith in his response. After reiterating that the government has not violated the stay order, he says that…
“Nothing here requires any action by the defendant, and he fails to explain how the mere receipt of discovery materials that he is not obligated to review, or the early filing of Government pleadings to which he does not yet need to respond, possibly burdens him.”
While all of this was going on, Trump was busy posting rambling and incoherent comments on his failing social media scam, Truth Social. Such as his tediously repetitive claim that “The least I am entitled to is Presidential Immunity on Fake Biden Indictments!”
So if anyone is “pushing their own agenda” while the proceedings are stayed, it’s Trump. Likewise, if anyone is violating the court’s stay order, it’s Trump and Habba. At least by their own definitions. All they are really doing is revealing their fear, desperation and ignorance. This may play well among the MAGA minions, but it isn’t going to go very far in a court of law.
- Trump’s Lawyer Issues Hysterical Challenge, Daring Hunter Biden to Put Trump on the Stand
- Trump Attorney Makes Rare Honest Admission that ‘He Doesn’t Do What’s Popular or What’s Right’
- Trump’s Attorney Tells Fox News He’s Not Facing Reality, He’s Denying the Prospect of Prison
And check out my books on Amazon:
Thanks so much for your support.