The U.S. Court of Appeals for the D.C. Circuit who ruled Trump is actually touchable by the law, were "well-balanced" in their words and only took a brief swipe.
That's the perspective of former acting solicitor general Neal Katyal, appearing on MSNBC's "The Beat" with Ari Melber on Tuesday night. He discussed the the judge trio's tone, and taking a more direct aim at former President Donald Trump in their 57-page ruling of the case.
He said aside from showing deference while shooting down his contention that he as the president deserves absolute immunity, they still took a subtle jab.
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"You know maybe the one place that gets a little tart is that they pointed out, 'Look, Trump, when you were in your second impeachment and trying to defend yourself in the Senate, you told the Senate through your lawyers that don't impeach him because he can later be held criminally liable. Now you're turning around and saying something else,'" he said.
"That is pretty remarkable."
He noted that the judges spoke to Trump in this one instance to jog his memory of the defense he used before the Senate in his second impeachment a little over a month after the deadly day of Jan. 6, 2021.
"And he agrees that if he had been convicted by the Senate in that impeachment trial, he would not be immune from prosecution for the 'official acts' at issue here," the document reads. "Thus, he concedes that a President can be prosecuted for broadly defined 'official acts,' such as the ones alleged in the Indictment, under some circumstances, i.e. following an impeachment conviction."
What's more, the judges also reminded the 45th president that every commander-in-chief is "liable and subject to Indictment, Trial, Judgement and Punishment according to Law, at least after impeachment and conviction."
Katyal believes that the "well-balanced" panel carried themselves with such high regard that it will be "really hard for the U.S. Supreme Court to take this case."
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