'How wrong it is': Expert highlights inappropriate addition to Trump's Supreme Court brief
February 13, 2024
On his latest episode of "Justice Matters," former federal prosecutor Glenn Kirschner noted that "the Supreme Court seems to be stepping up the pace a bit" on former President Donald Trump's request to review the lower court's rejection of his claim to be immune from prosecution.
But also, Kirschner focused on the nature of Trump's filing to the court — and a particular decision they made that he found completely inappropriate.
Specifically, Kirschner highlighted how the document opened with, "This application is deja vu all over again," quoting baseball catcher Yogi Berra. Now, the ex-prosecutor noted, "Yogi Berra is a lot of things, but a renowned legal scholar is not one of them."
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Kirschner added that before he worked as a federal prosecutor, he was a judge advocate general in the military, and throughout that process he frequently wrote briefs urging the Supreme Court not to take up appeals of military court-martial decisions.
"You know what I never put in a single brief or filing? I never put in a joke," Kirschner said. "I tried to stick to the facts and the law. And it's hard for me to describe how wrong it is for a lawyer to decide that it's appropriate to open with a joke."
As for the actual substance of the argument, Kirschner noted, where the filing claimed that the District Court's finding Trump does not have absolute immunity is a "stunning breach of precedent and historical norms," he called it "outright disinformation" and "an attempt to deceive."
Watch the video below or at the link right here.
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