One month after the Supreme Court's presidential immunity ruling, the judge overseeing former President Trump's Jan. 6 case now has jurisdiction over the case again.
Delaying is the point but I think things actually get really interesting as soon as the judge calls for hearings and witnesses show up. If the act is official, and therefore Trump would have immunity, there is no fifth amendment protection for him to avoid answering questions, or to lie about anything. So that means he needs to give a lot of information, some of which might point at people who don’t have absolute immunity, and could possibly be locked up for their actions.
So then we have this interesting situation where Trump will be called to testify, and if he does so inaccurately, he could be held in criminal contempt. Remember, he has to stand by the claim that his acts are official, so he can’t play fast and loose on the stand and maintain his absolute immunity defense.
Of course we don’t know. We have no idea how any of this will play out. But we can imagine how it might play out from absolute immunity defenses with judges and prosecutors. No doubt that’s what the judge will rely on as guidelines for this case.
Delaying is the point but I think things actually get really interesting as soon as the judge calls for hearings and witnesses show up. If the act is official, and therefore Trump would have immunity, there is no fifth amendment protection for him to avoid answering questions, or to lie about anything. So that means he needs to give a lot of information, some of which might point at people who don’t have absolute immunity, and could possibly be locked up for their actions.
So then we have this interesting situation where Trump will be called to testify, and if he does so inaccurately, he could be held in criminal contempt. Remember, he has to stand by the claim that his acts are official, so he can’t play fast and loose on the stand and maintain his absolute immunity defense.
Of course we don’t know. We have no idea how any of this will play out. But we can imagine how it might play out from absolute immunity defenses with judges and prosecutors. No doubt that’s what the judge will rely on as guidelines for this case.