Trump Lawyer Drops 2024 Bombshell; Supremacy Clause to US Constitution

Among the many legal challenges that President Trump is currently facing, you have the RICO case over in the state of Georgia, wherein state prosecutors are alleging that Trump essentially led a conspiracy to overturn the state's 2020 election results. And last Friday, there was a fascinating development in this particular case, a development that perhaps revealed what the prosecution is truly up to. And also, it's a development that for one reason or another, the mainstream legacy news outlets in this country have just decided to not really report on. And so let's go through the development together. Last Friday, which was December 1st, there was a six hour long hearing over in Fulton County. And during the six hour hearing, you had lawyers for the prosecution, as well as lawyers for President Trump, both arguing about the timeframe of this trial, meaning that they were in court arguing about when exactly this trial should take place. Now, on the one hand, you had the prosecution, the state prosecution pushing for a trial start date of August 2024, which just for your reference would be three months before the actual presidential election. And so during the back and forth hearing, the prosecution said the district attorney of Fulton County, Ms. Fannie Willis, quote, has no interest in interfering or getting involved in this presidential election. And she is trying to move this case forward. Our obvious goal is and has been to stick to our August trial date. And indeed, in a recent court filing from the prosecution side, the office of Fannie Willis said that the prosecution wants the trial to start in August of 2024, just three months before the election. And it's worth mentioning that in that same filing, they also wrote that they expect the trial to run through until early 2025, which if you really do the math would mean that the trial would run in perfect tandem with the tail end of the 2024 presidential campaign. On the flip side, though, Trump's legal team is pushing for this case to be delayed until the presidential race, saying that this trial in and of itself is a form of election interference. Here's part of what Trump's legal team told the court, quote, it's very possible at that time that my client will be running for election for president of the United States for the Republican Party. The preference would be that he not be on trial during the time that he is campaigning. Can you imagine the notion of the Republican nominee for president not being able to campaign for the presidency because he is in some form or fashion in a courtroom defending himself? That would be the most effective election interference in the history of the United States. Now, to that allegation, to the allegation of this being election interference, the state prosecutors responded by reiterating that this case is not, in their opinion, a form of political interference. And they added that, quote, this trial does not constitute election interference. This is moving forward with the business of Fulton County. I don't think it in any way impedes defendant Trump's ability to campaign. And maybe it's different for President Trump. But if it was me and I had this serious RICO case hanging over my head, well, that would definitely impede me from being able to campaign for office effectively, irrespective of what these prosecutors say. Regardless, though, it was amidst this back and forth debate that you had the judge who was overseeing the case, who, for your reference, is Judge Scott McAfee. He asked Trump's legal team a very pertinent question. And that question was this. What would happen to this overall case if Donald Trump were to be reelected as president in the year 2024? And to that question, Trump's lawyer, he answered that the president cannot go on trial if he were to win, quote, under the supremacy clause and its duty to the president of the United States. This trial would not take place at all until after he left his term of office. And for your reference, Judge McAfee agreed with this interpretation of the supremacy clause of the U.S. Constitution. And so this would mean that in practice, if Trump were to win in 2024, the judge in the case, he agreed that Trump cannot be tried until after he leaves office, which would essentially delay the trial start date to at least January 20th of 2029, which, for your reference, would be nine full years after the events of the 2020 election. And so here's the basic outline of what was revealed in this hearing. On the one side, you have Trump's legal team who is trying to push this trial back as much as possible, ideally pushing it past the date of the 2024 election. And if Trump were to win that election, well, then the trial would effectively be pushed back another four years. On the flip side, however, you have the state prosecutors who are trying to set the trial date right before the election and have the trial run essentially in tandem with the actual race all the way up until 2024. And they're claiming that this will not impede Trump's ability to campaign. And so these two separate arguments are currently what is before the judge. But it gets a lot wilder than that, because if the judge agrees with the prosecution, then the trial will begin sometime in August and run all the way up until 2024. And the reason that this scenario is so wild is because this is a state level case. Here's what I mean by that. If Trump were to actually be elected again as president, and at the same time, if in this case he were to be found guilty and sentenced to prison, then he would essentially be a president-elect sitting in a Georgian prison. And because this case is a state level case, President Trump would not be able to pardon himself. That's because according to Article 2 of the U.S. Constitution, it says the following, quote, The president shall have the power to grant reprieves and pardons for offenses against the United States. And according to the long-standing interpretation of the Justice Department, the wording in that provision means that U.S. presidents are only able to pardon federal-level crimes, not state-level crimes. Here's specifically what it says over on the FAQ page of the Justice Department's website, quote, Question. Does the president have the authority to grant clemency for a state conviction? Answer. No. The president's clemency power is conferred by Article 2, Section 2, Clause 1 of the Constitution of the United States, which provides that the president shall have power to grant reprieves and pardons for offenses against the United States. Thus, the president's authority to grant clemency is limited to federal offenses. An offense that violates a state law is not an offense against the United States. A person who wishes to seek a pardon or a commutation of a sentence for a state offense should contact the authorities of the state in which the conviction occurred. Meaning that in this case, it would be the governor of Georgia, Mr. Brian Kemp, who would have the authority to offer clemency. And even though Brian Kemp is technically a Republican, he and President Trump have publicly been at odds with each other ever since the 2020 election. And so it's unclear on what exactly he would do in this particular scenario. Although, if I were to wager a guess, in a scenario where the president-elect is sitting in a Georgian prison, well, he would likely pardon President Trump just because having the commander-in-chief of the United States in prison while World War III is slowly breaking out would just be too ridiculous. But you never know. Regardless, that is currently what's taking place over in the state of Georgia. The judge overseeing the case is, right now as we speak, deliberating on when the trial should start, with, as I laid out, the ramifications of his decision being rather significant, to say the least. If you'd like to watch the full video of the six-hour-long hearing which took place over last Friday in Georgia, well, I'll throw the link to it down into the description box below this video if you happen to be the type of person who likes to dig into the weeds. 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