Judge Chutkan had a secret target audience for latest Trump ruling: legal expert

Trump's judge is writing to engage the Highest Court in the land.

When U.S. District Judge Tanya Chutkan ruled on Friday that Trump is not immune from prosecution in his election interference case in Washington D.C., she included an intentional effort to prove her case preemptively before the Supreme Court where it will likely land on appeal.

"She is making a compelling argument to the Supreme Court, saying we value the separation of powers, but we also value the ability of each branch to perform its functions," former federal prosecutor Joyce Vance said during an appearance on "The Last Word With Lawrence O'Donnell" where Ali Velshi was filling in.

“Against the weight of that history, Defendant argues in essence that because no other former Presidents have been criminally prosecuted, it would be unconstitutional to start now,” Chutkan wrote in her opinion. “But while a former President’s prosecution is unprecedented, so too are the allegations that a President committed the crimes with which Defendant is charged.”

She also wrote Trump is wide open for all kinds of potential consequences even if he's commander in chief.

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“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

Vance makes it clear that in this case, she's mindful of the gravity of this decision and of the sanctity of preserving democracy; so she's crafting the opinion while fully aware that the ruling will likely be headed to the Supreme Court.

"And so she is telling the Supreme Court, 'If you reverse my decision, you will impair essential functions of government.'"

"[Chutkan] has been reading the Supreme Court's opinions for the last term in particular, when they've been focused on the Founding Father's intent on history and tradition."

"She says 'Here's American history and tradition for you Supreme Court.'"

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