Napolitano Predicts Quick Decision in Trump Immunity Case for Newsmax
A former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Tuesday that a decision on whether former President Donald Trump is immune from prosecution will come quickly in connection with the events of Jan. 6 at the Capitol. The argument will focus on whether Trump’s actions that day were as president or his own.
Napolitano, also shared on Newsmax’s “Wake Up America” that “It depends on what he was doing on Jan. 6. Was that in order to execute his office as president of the United States, or was it to interfere with the passage of power from himself to Joe Biden?”
He also mentioned that if Trump was “exercising the normal faculties of the president of the United States, he can’t be prosecuted.”
Trump’s attorneys filed a brief with the U.S. Court of Appeals for the District of Columbia Circuit on Saturday asserting that he was acting within his role as president when he pressed claims about “alleged fraud and irregularity” in the 2020 election.
The brief was filed after the U.S. Supreme Court rejected a request from special counsel Jack Smith to fast-track the immunity question decision in time for the March 4 trial date. Napolitano mentioned that a decision can be expected about a week or two after the oral arguments on Jan. 9.
Meanwhile, Trump posted a fiery Christmas Day message and Napolitano said that is allowed, particularly after an appeals court ruled against an initial gag order that prohibited him from criticizing the special counsel.
He also noted that Trump’s holiday greeting was “typical” and “articulating the way a lot of people feel about the deficiencies in America today, many of which are caused by the Biden administration.”
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Sandy Fitzgerald | editorial.fitzgerald@newsmax.com
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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