Donald Trump's motion to dismiss his federal elections case may not have been directed at the judge overseeing the case, according to a former prosecutor.
Former federal prosecutor Harry Litman said on Thursday that Trump's motion, in which the former president sought to dismiss the case based on blanket presidential immunity, seems to be aimed at the Supreme Court. Specifically, according to Litman, the conservative jurists on that court.
Litman noted that, "in contrast to the standard slapdash quality, and the obvious appeal to the political followers, the brief is relatively polished and larded up with fancy authorities," including a Scalia book.
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Litman added that there are "four pages of authorities."
"Its intended audience is conservative judges," he said.
He elaborated on that concept, too.
"In some ways even worse would be if the trial proceeds, and then a higher court reverses a Trump conviction b/c, e.g., inadequate jury instructions in light of a principle they are recognizing," Litman wrote. "We now perhaps know another reason why Trump folded his hand on the removal litigation. The standards for removal and immunity are kissing cousins, and an adverse decision from Judge Jones will have done material damage here."
Litman also says he agrees "with most observers that the Supreme Court is not likely to want to bail Trump out or doubt his conviction on the facts."
"The more worrisome question is whether they discern a legal issue they want to resolve," Litman added Thursday.
