The Supreme Court could try to dodge deciding Donald Trump's presidential immunity claim, a former Justice Department official said Wednesday.
Former Justice Department official Mary McCord spoke with MSNBC's Alicia Menendez about Trump's efforts to kill Special Counsel Jack Smith's election interference case by claiming his actions between the Nov. 2020 election and the Jan. 6 Capitol riots were protected.
The decision currently rests with the Washington, D.C. Circuit Court of Appeals, after Smith failed to fast-track the decision directly to the high court, which McCord said is significant.
"I actually think there's a not insubstantial chance if the D.C. Circuit rules and makes a thorough ruling," said McCord, "the Supreme Court might deny to take this case."
McCord compared the current case to another one considered by the D.C. Circuit — Trump V. Thompson, in which the House Select Committee sought presidential records and Trump claimed executive privilege.
" It was litigated at the D.C. Circuit," recalled McCord. "He lost there."
Read More: Trump is fearful that the Supreme Court may rule against him.
The key point, for McCord, is that the Supreme Court did not take it up. And could decide, once again, to refuse a Trump case from the same court.
"I don't think they particularly want to rule on this case," said McCord. "It's possible they won't take it."
See her full comments in the video below or at the link here.
How the Supreme Court might dodge Trump’s immunity case entirely: ex-DOJ officialwww.youtube.com
