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Former federal prosecutor Harry Litman told MSNBC on Sunday that he expects the timeline for Donald Trump's "absolute immunity" claim to move quickly.
He began by saying that the appeals court is likely to strike down Trump's claim because the presidential immunity details that the action must be within the context of the job as president.
"This is way outside official acts, trying to overturn an election," said Litman, noting it's "almost hard to state something that's more unofficial than that. I think it's a very strong filing and he is likely to prevail. And they are going in very, very fast motion here, the court of appeals. They are going to hear an oral argument on this case a week from Tuesday. Trump has a little filing to do first. So, they are moving at a sort of warp speed for the court of appeals."
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He went on to say that he anticipates it will then move quickly at the Supreme Court, likely being taken up by Martin Luther King Jr. Day. There are other legal experts, however, who believe that the High Court will ignore the case and let the appeals court have the final word.
"They are going to hear this argument on the 9th of January," Litman explained. "Now, a week from hearing an argument or an opinion, normally, it would be just breathtaking speed. But that's the speed that they are now doing and that they've done in other instances when they are looking to go into overdrive. I think they're probably already writing. I think if, around the 15th, 16th to issue an opinion. Somebody will move very quickly to make it happen."
There is a wild card, he explained, and that's Trump himself, because he may try to find a way to delay things even more, as he's done in other cases.
"I think the court is not going to wait the normal 90 days," Litman said. "And in fact, the court of appeals may even put in its decision that you only have, say, 14 days until you have to move. Otherwise, there is no stay, and the order about no immunity that we are giving, you know, it now applies. That's the way to put some pressure on him. So, I would say around mid-January, to ask the court around the end of January."
It's a very fast pace for the appeals court, which typically moves at a snail's pace.
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Legal expert details just how fast the Supreme Court will take up Trump's immunity www.youtube.com