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What is arguably the most important trial yet for former President Donald Trump is now being heard by the Supreme Court. This trial could determine whether President Trump can be criminally charged at all. The decision could impact not only Trump, but also every other former president still living in the United States.
In this live Q&A with "Crossroads" host Joshua Philipp, we’ll discuss this topic and others, and answer questions from the audience.
Look at the crossroads.
What is arguably the most important trial yet for Donald Trump is right now taking place.
And the impacts of this could actually go a lot further, because right now he is standing
before the Supreme Court, and this trial could determine whether Trump, being a former president,
can be criminally charged at all.
And the decision could impact not only Trump, but also every single other former and even
current president still living in the United States.
And going by some of the deliberations on Thursday, because that's the last time we
saw it, it seemed the justices were actually leaning in the direction of saying Donald
Trump does not have total immunity, but they also acknowledge that any ruling on this is
likely going to have very broad implications, like, for example, maybe the next president
going after people on the other side of the aisle.
Now SCOTUSblog says that during more than two and a half hours of oral arguments, some
of the court's conservative justices expressed concern about the prospect that, if former
presidents do not have immunity, federal criminal laws could be used to target political opponents.
Hmm, where have we seen that before?
I feel like we're watching it right now.
But regardless, it notes that, however, the justices left open the prospect that Trump's
trial in Washington, D.C. could still go forward because the charges against him rest
on his private rather than his official conduct.
However, the timing of the court's eventual opinions and the resulting trial remains unclear,
leaving open the possibility that the court's decision could push Trump's trial past the
November election, meaning they can't use this to impact the elections in 2024.
Now, it notes that Trump was indicted in August of 2023.
He was indicted many times, but regardless, this is about the four counts from special
counsel Jack Smith and his investigation of the January 6, 2021 incident, call it what
you will, and it alleges that Donald Trump conspired to overturn the results of the 2020
election.
Now, Trump asked, it says, U.S. District Judge Tanya Chutkin to throw out the charges against
him, arguing that he could not be held criminally liable for his official acts even after leaving
office.
Now, I should note that on January 6, Donald Trump was still the president.
And of course, they were counting the Electoral College votes.
He had not yet stepped down from office.
He was still president.
And so, of course, if the question is about him doing things on his own free time when
he was a private citizen or whatever, it'll very likely not apply to this.
But again, we'll see how broadly the Supreme Court rules.
Now, this is raising some pretty serious debates.
Justice Clarence Thomas, for example, he brought up one of the issues we mentioned early on,
notably that Jack Smith, the special counsel, was a private citizen when he was appointed
special counsel to investigate Trump and legally, technically, should actually not even be legitimate.
Fox News notes the High Court was considering Trump's argument that he is immune from prosecution
while actions he took while president.
But another issue is whether Smith, the special counsel, and the office of the special counsel
itself have the authority to bring charges at all.
And notes that in a 42-page amicus brief presented to the High Court in March, Meese and Murkasey
questioned whether, quote, Jack Smith has lawful authority to undertake the criminal
prosecution of Donald Trump.
Notes that Murkasey and Meese, both former U.S. Attorneys General, said Smith and the
office of special counsel itself have no authority to prosecute, in part because he was never
confirmed by the Senate to any position.
Again, meaning the entire thing is a sham, basically.
And notes that federal prosecutions can be taken only by persons properly appointed as
Meese and Murkasey argued.
But neither Smith nor the position of special counsel under which he purportedly acts meets
those criteria.
He wields tremendous power, effectively answerable to no one by design, and that is a serious
problem for the rule of law.
Whatever one may think of former President Donald Trump or the conduct on January 6,
2021, that Smith challenges in the underlying case.
And notes that the crux of the problem, according to Meese, is that Smith was never confirmed
by the Senate as a U.S.
Attorney and no other statute allows the U.S.
Attorney General to name merely anyone as special counsel.
Smith was acting U.S.
Attorney for a federal district in Tennessee in 2017, but he was never nominated to the
position.
In other words, frankly, all the powers he's wielding right now may not be legitimate.
In fact, legally, they're not, I would say.
But like a lot of the concerns that were raised by conservative justices went into the broader
implications of the case for the stability of the American system overall, basically.
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Welcome back.
The Supreme Court is currently hearing a case on President Trump's presidential immunity
and how far it goes, because this is raising some pretty serious debates and a whole lot
of concern about really what this means for the future.
A lot of conservative justices went into the broader implications of this case for the
stability of the American system and the future of whether, frankly, we're going to be a banana
republic.
Now, many raised issues of accusations against former presidents, for example.
Here's Justice Clarence Thomas discussing this with Michael Dribben, the attorney for
special counsel Jack Smith's team.
In not so distant past, the presidents or certain presidents have engaged in various
activity, coups or operations like Operation Mongoose when I was a teenager.
And yet there were no prosecutions.
Why?
If what you're saying is right, it would seem that that would have been right for criminal
prosecution of someone.
So, Justice Thomas, I think this is a central question.
The reason why there have not been prior criminal prosecutions is that there were not.
Interesting.
So according to the attorney, the reason we haven't seen any criminal prosecutions of
former presidents is because there were no crimes, right?
We could argue, of course, that maybe those crimes were just not investigated or prosecuted
because previously it was assumed that no president could be prosecuted like this.
And what they're doing to Donald Trump has never been done in the history of this country.
But of course, you know, who determines whether a crime took place?
Were there investigations?
Were those investigations actually carried through?
Were there any challenges to this?
Were there any alleged crimes that were similar to what Donald Trump is being accused of?
In other words, well, look, I'd say we've seen many things done by former presidents
that could be considered crimes, at least on the same ground as what Trump is being
charged with.
How many of them took classified documents?
A lot of them.
Like the sock scandal, Sockgate of Bill Clinton.
Like, for example, Barack Hussein Obama taking a lot of documents and then denying them to
even investigators because he said they're at his library, right?
Trump is being charged with this while others are not.
And many faced allegations on other things.
For example, rape.
How many former presidents have been accused of rape?
Well, Bill Clinton comes to mind.
He's been accused many times, in fact.
But is he being charged like Trump is?
What about issues under Barack Hussein Obama, like Fast and Furious?
Or, for example, him working with the cartels to supply guns and drugs and things like that,
which was, of course, some of the information that came about.
Justices raised questions about military operations under Barack Obama and the killings
of civilians.
And, of course, all of these things, well, do raise some concerns.
Others raised questions of the Japanese internment camps during World War II,
for example, under the former president at the time.
And Justice Clarence referenced as well, as you saw him say, Operation Mongoose,
which was, of course, the CIA program carried out under President John F. Kennedy,
which saw the use of terrorist attacks against civilians in Cuba
in a failed attempt to start a coup.
And on that note, I'd question even further whether similar incidents of
coups and color revolutions would also fit into that category.
The Arab Spring Revolutions come to mind.
Maybe the overturning of the government formerly in Ukraine.
The killing of Gaddafi in Libya.
As Hillary Clinton said, no, she came, she saw, he died, as maybe extensions of that.
What about George Bush's war in Iraq over fake news from New York Times
of weapons of mass destruction?
I'd say there's a very long list of incidents that could be labeled
as crimes under previous administrations
if they held them to the same level of standard they're holding Trump to.
Not to mention, for example, the allegations that Trump tried overthrowing democracy
by doing things like calling for investigations into election fraud.
How many former presidents called for investigations into election fraud?
How many of them talked about dueling electors, right?
How about dueling electors being appointed,
which was one of the main points Trump is being charged with?
For example, how many presidents did this in the past?
Remember that when Donald Trump was elected president,
many Democrats were calling not just for dueling electors,
but for electors to go against the votes and just cast an opposite vote,
which actually is much further than what Trump is accused of doing.
And, you know, maybe on these exact same grounds, frankly,
every elected leader who spread fake news about the Trump-Russia hoax
that all should be put on trial,
because, of course, they were using Russian disinformation,
which has now shown to have been,
in order to undermine a presidency, rig an election,
and, of course, target their political enemy.
Maybe along with everyone else who tried impeaching him
based on those false claims, which they actually tried to do.
I'd say the political targeting of political enemies
can be a very dirty business once you open that door.
And this was, again, one of the main concerns
that was raised during the hearings.
Justice Samuel Alito raised similar concerns.
Here's what he had to say.
If an incumbent who loses a very close,
hotly contested election knows that a real possibility
after leaving office is not that the president
is going to be able to go off into a peaceful retirement,
but that the president may be criminally prosecuted
by a bitter political opponent,
will that not lead us into a cycle that destabilizes
the functioning of our country as a democracy?
And we can look around the world and find countries
where we have seen this process,
where the loser gets thrown in jail.
Justice Kavanaugh also elaborated on this problem
and what it can mean for the future
of the American political system.
You know, if presidents can be targeted for prosecution
by their political enemies,
and he suggested that history has shown
that once you open that door for it being possible
to target presidents for criminal prosecutions,
it usually does not stop.
Once that door is open, it is very, very hard to close.
That's the concern going forward,
is that the system will,
when former presidents are subject to prosecution
and the history of Morrison versus Olson
tells us it's not going to stop.
It's going to cycle back and be used
against the current president or the next president
or, and the next president,
and the next president after that.
Now the prosecutors on the other side,
under the authorities of Jack Smith,
they would say otherwise.
Now they're arguing that if presidents
are given broad immunity,
then it could damage the basic system
of checks and balances.
If a president has broken the law,
should it just be allowed to happen?
Should we not be able to put them on trial?
What if they actually did do something serious?
Should we have no way of legal recourse with that?
Now, look, while we still need to see
how this case plays out,
it seems now that the justices
may take somewhat of a middle ground on this.
It could still go either way,
but here's a few key points
that seem likely to happen.
I'll be talking about that after this.
Briefly, though, I would question folks.
Many people have said, you know,
throw her in jail and so on.
Many people have noticed
that there are possible crimes
on the other side of the political aisle.
Maybe justice does need to be able to take place
for former presidents
and people in high level positions.
If this is able to go through,
of course, depending on how
the Supreme Court rules on it,
we could very likely see charges
happening in many parts of our government.
This will open the door or close it
to prosecutions of former presidents
and top level officials.
But we talk about this
and as well as the other legal cases
that are helping Trump's 2024 campaign
and how the Biden administration
is formally preparing for President Donald Trump
to actually win.
All of this, though, only on Epic TV.
So those on YouTube, Facebook, Twitter, Rumble,
click the link in the description below
and join us on EpicTV.com.
Not only will you get access
to the rest of this episode
and the Q&A, of course,
but here's also at Epic Times,
we've consistently covered news
that corporate media does not dare to cover
or that they actively even try
to change the narrative up or hide from you.
One example is our coverage on January 6th.
Now we've been at the forefront
of what really happened that day
with our documentaries and special reports
covering what other media have not dared to touch.
So if you want the truth
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join us on EpicTV.com.
Let me show you a quick trailer of a documentary,
the real story of January 6th, part two,
The Long Road Home,
before we go exclusively to EpicTV.com.
Calling the January 6th investigation
the biggest investigation in FBI history.
There are more than 1,100 arrests
and they show no signs of slowing down.
When you take an oath,
you have to abide by it.
They're just gonna identify you on video,
arrest you,
and then figure out what the evidence is after that.
Those involved must be held accountable.
He's an innocent man
and he has been punished for something
that he never did.
Every day you wake up and you're like,
how did I get out of bed today?
You have to stay away from the word patriot now
because that's a terrorist organization.
We interviewed two whistleblowers from the FBI.
I sacrificed my dream job
to share this information with the American people.
That siege was criminal behavior,
plain and simple.
It's behavior that we, the FBI,
view as domestic terror.
We started with death threats,
the hate mail.
I don't care what they do to me,
but I do care what they do to my family.
Our family struggles every day.
It's gonna change narratives
no matter what your political perspective is.