Irate CNN legal analyst can’t believe how long it’s taking SCOTUS to rule on Trump immunity

A CNN analyst is upset that the Supreme Court looks poised to not rule on former President Donald Trump’s immunity claim anytime soon.

Months ago in January, the former president’s attorneys argued that the Jan. 6th case against him being presided over by Judge Tanya Chutkan is bull because presidential immunity protects him.

The D.C. Circuit Court of Appeals ultimately ruled against Trump, prompting his attorneys to appeal the case higher up to the Supreme Court. But despite the court’s current term approaching an end, the court continues to punt on the matter.

The president’s enemies were hoping the high court would finally make a decision on the matter this Friday, but again the court refused, triggering anger from CNN legal analyst Norm Eisen.

The anger erupted Friday after CNN host Wolf Blitzer asked him whether it’s possible the Supreme Court won’t rule on the matter this term, meaning the situation won’t be resolved until AFTER the 2024 election.


“Well, Wolf, we’re on the brink of that,” Eisen replied. “This question of whether the immunity that Donald Trump asserts, even to send SEAL Team 6 to assassinate his political rivals, was first placed before the Supreme Court on December 11th, 2023.”

“There’s no call to take six months to decide the absurdity of that question. And with every passing day, they’re more responsible for the problem you identify of getting this trial on the books,” he added.

Why so much anger? Because in a way, some other critics have argued, Trump has pretty much already won his case. This was the argument made by disgraced former Justice Department prosecutor Andrew Weissmann.

“A useful reminder of how the Supreme Court has already granted Trump de facto immunity, no matter how it rules,” he tweeted Friday.


His tweet was in response to a tweet from Lawfare’s Anna Bower explaining that, because so much time has already passed, even if the Supreme Court rules on either June 20th or June 27th — the two remaining days for this term — there’s a very small chance the trial will happen before the election.

“The next batch of SCOTUS opinions are set to be announced June 20,” she tweeted. “That’s about 196 days since Trump’s DC case was put on pause. If Judge Chutkan gives Trump the same amount of time to prepare his defense as before, then Sept. 16 is the earliest jury selection could begin.”

And that’s only if everything works out perfectly for Trump haters.

“That math depends on a number of assumptions: That SCOTUS would not immunize Trump and remand the case for trial; that on remand, Judge Chutkan wouldn’t need to make additional findings on the immunity issue and/or that those findings would not be appealable pre-trial,” Bower explained.

“All of this is to say that the prospect of a verdict in Trump’s DC case before the presidential election looks increasingly unlikely. Everything needs to go exactly right for the special counsel’s office if the case is to proceed to trial before Election Day on Nov. 5,” she added.

That said, some of Trump’s most notorious critics remain convinced he’ll ultimately lose, including the infamous George Conway, who sacrificed his marriage with Kellyanne Conway over his hate for Trump.

Speaking with CNN’s Jim Acosta late Friday, he explained:

“I think Donald Trump is going to lose,” he bluntly stated. “I think he’s going to lose big. There may be a few wrinkles, in the opinion that may add a few steps in the process. But at the end of the day, I don’t think his argument is going to fly.”

“In terms of delay, I wish they had not taken the case. I wish they had decided it months before. But the fact of the matter is I don’t think there is some grand conspiracy, or even an effort, by some of the justices, to put this off, to help Trump,” he added.

He also predicted a victory for him and other Trump haters even if the Supreme Court waits until June 24th to decide on the matter.

“The fact of the matter is, if the decision comes down June 20 — June 24th, the week of June 24, last week of the term, that could mean that the case goes to trial in the middle of September — at the end of September, or beginning of October, which would be highly unfavorable,”  he said.

When asked if this is possible — note that it contradicts Bower’s timeline — Conway said that it surely is.

“Yes, because well, the reason is, because when the case first went up to the Court of Appeals, there were 81 days — there was 81 days before trial,” he said. “And if you — and the court has said basically, the District Court has said that it’s going to keep that 81-day schedule. And if you add 81 days, to the end of June, you basically get that the middle-of-the- fall campaign. So, it could actually backfire on Trump.”

Vivek Saxena


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