Former prosecutor slams 'absurd' Trump defense that could legalize political assassination

Former President Donald Trump could shoot political rivals attending the State of the Union, and get away with it under his latest argument in one of four criminal court cases, a former federal prosecutor argued Monday.

Former U.S. Attorney Barbara McQuade appeared on MSNBC to break down the presidential immunity argument Trump is pursuing in the federal election interference case brought by Special Counsel Jack Smith.

"It would mean he could order the assassination of his political rivals during the State of the Union address," McQuade said. "It would be really absurd."

McQuade was analyzing the 82-page filing arguing no person — even the president — is above the law, even as Trump's team has tried to argue the former president was being persecuted.

"In 234 years of American history, no president ever faced criminal prosecution for his official acts," according to their argument to prevent the case from skipping the appeals process for the Supreme Court. "The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide."

McQuade called Smith's lengthy brief "persuasive" and that it could disprove Trump's immunity attempt.

While McQuade is confident the immunity issue will go Smith's way, the March 4 trial date is not looking likely.

"The hard part about the case for Jack Smith is the delay resulting from the appeals," she stated. "If it goes all the way to the supreme court, we could see a lengthy delay in the trial date which is supposed to start in March."

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