Trump's lawyer admitted something that will 'come back to haunt' the ex-president: expert
February 08, 2024
During oral argument before the Supreme Court, former President Donald Trump's attorney said something that could end up blowing up in Trump's face, Democratic voting rights attorney Marc Elias told MSNBC's Alicia Menendez on Thursday.
The Supreme Court was reviewing the decision by Colorado to remove former President Donald Trump from the ballot under the Insurrection Clause of the Fourteenth Amendment — and legal experts broadly believe the court is unlikely to uphold that decision. But that doesn't mean Trump will get a complete victory here, Elias said.
"I think it was going to be long odds from the get-go," said Elias. "But I don't think that that means that the argument itself was a total loss. I think there were some things that came out of it that actually may wind up having some long-term consequences, including, by the way, Donald Trump's lawyer saying that though January 6th was not an insurrection, the events were shameful, criminal, and violent. I think Donald Trump, in some other courtrooms, is going to be arguing that it was not criminal and violent."
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"Can we zoom in on that for a second?" said Menendez. "That was clearly a very strategic choice, right, to make a series of concession in those arguments, in some ways allowed him to place 1/6 aside because he knew it was not firm ground for him to be having 1/6 front and center. Do you think it was considered the way in which those remarks would then complicate some of these other legal cases?"
"Look, I think that, you know, to credit the lawyer for Donald Trump who argued the case today, I think he gave ground to win the case in front of him," said Elias. "And you know, I can — I can understand that. He's got nine justices looking at him today and figures we'll worry about tomorrow tomorrow. That doesn't mean when that tomorrow doesn't come, right, tomorrow does come. But I think he made those concessions, whether it was playing this democracy card that may frankly come back to haunt him in some of the election cases that I and others litigate, or it is this violent point that, you know, Donald Trump is — has said it was a peaceful gathering."
"I think he thinks the way he wins the day today was to take the insurrection point off the table," he added. "And you know, he did. You know, there were almost no questions from the court after that about whether or not it was an insurrection."
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