Amanpour & Company: Stephen Vladek: 'How Will SCOTUS Rule on Donald Trump’s Jan. 6. Legal Case?'

Source:Amanpour & Company interviewing Professor of Law Stephen Vladek. 

"The U.S. Supreme Court is facing several landmark cases while their approval ratings remain at a record low. Professor of law Stephen Vladek joins Hari Sreenivasan to discuss the cases attracting attention — from the trials awaiting Donald Trump to a vital reproductive rights decision — and whether we are witnessing a constitutional crisis in the nation's highest court." 

From Amanpour & Company

"The double jeopardy protection applies in both state and federal courts. It only applies in criminal cases and criminal law. Thus, the protection does not apply in civil lawsuits.

The double jeopardy rule also bars multiple punishments for lesser included offenses. A lesser included offense is an offense that the government must necessarily prove to convict someone for a greater offense. Suppose the federal government charges a criminal defendant with burglary and trespass. The government attorney must prove the defendant trespassed to prove they committed burglary. Thus, the court cannot impose additional punishment on the defendant for both the trespass and the burglary.

When Does Double Jeopardy Attach?

Double jeopardy attaches at different times depending on the type of criminal trial. In a jury trial, it typically attaches when the court swears in the jurors. In a bench trial, it attaches when the court swears in the first witness to testify.

Once double jeopardy attaches, the government typically cannot call for a second prosecution of a criminal defendant for the same criminal offense. However, there are some exceptions to the general rule." 

From Find Law

As I wrote yesterday on The New Democrat: 

"I think the question in Donald Trump's immunity case is where do any former U.S. President has presidential immunity from prosecution in criminal cases, even for actions that they committed while they were President. 

I think the answer to this presidential immunity question is obviously no, for the simple fact that we are a constitutional, federal republic and we have a liberal democratic, federal form of government. And a big part our our constitutional system is that no one is above the law, no one is below the law, including the most powerful people in the country, including the most powerful person in the country, the President of the United States. 

And I'll give you another prediction as a non-lawyer. The Supreme Court will rule against Donald Trump's immunity claim, but as Joan Biskupic said in the CNN video, they'll allow for Donald Trump's lawyers to ,make other defenses in his Washington trial. 

The reason why I believe the U.S. Supreme Court will rule against Donald Trump's immunity claim and I don't think it will be close, perhaps just Clarence Thomas rules in favor of Trump, if he doesn't recuse himself from the case, but the reason why I believe this, is I have a hard time believing that there are 5 Republicans on the Supreme Court, who believe that Joe Biden, or any other future Democratic President, should have presidential immunity from criminal prosecution, which is exactly what will happen if DJT wins this. 

The other reason why I believe SCOTUS will rule against DJT is a practical one.  If DJT were to get immunity here, the President and future President's would just be able to order his cabinet members and other executive officials to take actions that he knows are illegal and unconstitutional, knowing that he can't be prosecuted and telling his people essentially, don't worry about it, he'll pardon them, even if they're caught. " 

I put in the quote having to do with double jeopardy because that's one of the claims the Donald Trump's Washington lawyers are making for why the former President shouldn't even be tried at all for his role in the January 6, 2021 insurrection. They're arguing that President Trump was already impeached, tried, and acquitted in Congress. The House of Representatives impeached President Trump and then the Senate acquitted him. 

But once again I'm not a lawyer. And if you are taking the time to count how many times I've said that in just the last 6 months, I suggest you get a life. But double jeopardy only apples to civil and criminal cases, not Congressional. After DJT loses on presidential immunity, (and I believe he will for reasons I've already given) he'll lose on double jeopardy as well and will head to trial in Washington in the spring of 2024.

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