Kayleigh McEnany Argues Trump Should Be ‘Feeling Quite Good’ About SCOTUS Immunity Argument: He ‘Could Get An 8 Month Delay’
Fox News’ Kayleigh McEnany argued that former President Donald Trump should be “feeling quite good” after oral arguments in his presidential immunity case on Thursday.
“So this was huge, and this was the thrust of what we heard today. If I’m former President Trump and I watch this, I’m actually feeling quite good about what I learned about, let’s say, Justices Kavanaugh, what I learned about Alito, what I learned about Thomas. And I would add to that list Gorsuch,” began McEnany.
“And here’s why: They both brought up — Kavanaugh and Gorsuch — and it was unclear where they stood before this moment, but they both got brought up the issue of remanding, meaning sending this back to the lower court for more proceedings,” she observed before continuing:
You had Kavanaugh who said “there are some private acts, there are some official acts, that analysis should be undertaken by the district court.” And John Sauer said, “yes, of course.” Then you go to Gorsuch, “you left open the possibility of further proceedings.” Yes, further proceedings. That’s four people who brought up potentially remanding it.
Amy Coney Barrett, however, brought up the possibility of allowing litigation to play out with the official acts and allowing Jack Smith to continue forward on the private acts. All of this to say: Why is this so important, the issue of remanding to a lower court? There was a case, it was called the Vance case, Vance v. Trump. It was about Cy Vance, ironically, trying to get documents for the Stormy Daniels case. And Trump said, “no, I have absolute immunity.” The court said no, 7 to 2, you don’t. But they remanded it to a lower court for further proceedings. That was July of 2020, the outcome didn’t come until eight months later in February of 2021. So if you get a remand, you potentially, with that precedent, could get an 8 month delay.
An eight month delay would be significant, especially if Trump wins the presidency in November, because he could potentially dismiss Special Counsel Jack Smith and the charges in both indictments Smith has brought against the former president.
Watch above via Fox News.