J. Michael Luttig, a conservative and former judge of the United States Court of Appeals for the Fourth Circuit, told MSNBC's Ari Melber Sunday why he urges special counsel Jack Smith to bring Donald Trump's January 6 criminal case to trial — even if it won't begin until weeks before the November election.
"The former president has corrupted America's democracy, constitution, and rule of law, and now with the Supreme Court's almost interminable delay of the immunity decision, he's gotten away with it," Luttig told Melber.
"America's democracy and the rule of law are the heart and soul of the nation," he continued. "America's been the beacon of freedom and liberty to the world for almost 250 years now, because of its democracy, and the rule of law. And through his defiance of that democracy and rule of law, Donald Trump, as I have said previously, unsold the nation. The only redemption for this unsettling of America at this point is that Donald Trump at least be held accountable for what he has done. But the Supreme Court has already effectively given him effectively what he has asked for, absolute immunity for his grave offenses."
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The former judge noted, "At this point, I have to doubt whether Donald Trump will ever be tried for his criminal offenses against the United States and the Constitution. Now tomorrow, we will know whether the supreme court even permits his trial for those offenses. But if it does, the court has already made a trial of the former president, practically impossible. At best, Jack Smith will have to decide whether to ask for the trial to begin one month before the 2024 election. It would be impossible, both to begin and end Donald Trump's trial before the November election. No prosecutor would want to straddle the election with the first trial of an American president in history, who himself is a candidate for the presidency in that election."
However, although "the politics of the moment will all but demand that Jack Smith forgo trial before the election, and until after the election," Luttig added, "I would urge Jack Smith, in the strongest possible terms today not to yield to that cynical partisan politics, and to bring this case on for trial even in September or October. In the name of, and for the sake of American democracy, the Constitution and rule of law."
Melber asked the judge if Smith were to hear Luttig's advice, would Judge Tanya Chutkan allow that to happen.
"Yes, there's every chance in the world," the judge replied.
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Watch the video below or at this link.
Ex-GOP judge: 'I have to doubt whether Donald Trump will ever be tried for his criminal offenses' www.youtube.com
