{"id":2345395,"date":"2024-09-24T15:13:01","date_gmt":"2024-09-24T19:13:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/senate-democrats-enlist-ex-watergate-prosecutor-to-slam-trump-immunity-ruling-washington-examiner\/"},"modified":"2024-09-24T15:14:42","modified_gmt":"2024-09-24T19:14:42","slug":"senate-democrats-enlist-ex-watergate-prosecutor-to-slam-trump-immunity-ruling-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/senate-democrats-enlist-ex-watergate-prosecutor-to-slam-trump-immunity-ruling-washington-examiner\/","title":{"rendered":"Senate Democrats enlist ex-Watergate prosecutor to slam Trump immunity ruling &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">26<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fsenate-democrats-enlist-ex-watergate-prosecutor-to-slam-trump-immunity-ruling-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2345395&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Senate Democrats recently examined a Supreme Court ruling that granted former President Donald Trump certain immunities \u2063against prosecution.\u200b The Senate Judiciary Committee, chaired by Senator Dick \u2064Durbin, invited\u2062 witnesses, including former Watergate prosecutor Philip Allen Lacovara, to critique this landmark\u200b decision. Lacovara\u2064 expressed that the ruling is &#8220;profoundly wrong,&#8221; arguing \u2063that past presidents have not claimed\u2062 immunity for \u200bcriminal acts committed in office, pointing to historical precedents involving Nixon, Clinton, and Reagan. The Supreme Court&#8217;s decision stemmed from the case concerning Trump&#8217;s alleged attempts to overturn the 2020 election \u2062results, which\u200d has complicated ongoing\u200d federal cases against him as he \u2063campaigns for reelection. During the hearings, legislators\u200c discussed the implications of presidential immunity and explored how it might restrict accountability for \u200cpresidential actions, referencing both Nixon\u2019s controversial statements \u2063and Trump\u2019s own claims about immunity. The committee&#8217;s discussions aim \u2062to \u2063address concerns over judicial processes and \u2063accountability for actions by\u200c sitting presidents, with experts emphasizing the need for scrutiny over the immunity ruling.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\"><\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">Senate Democrats enlist ex-Watergate prosecutor to slam Trump immunity ruling<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1767835\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>The Democratic-led <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/senate-judiciary-committee\/\" target=\"_blank\" rel=\"noopener\" title>Senate Judiciary Committee<\/a> discussed the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/supreme-court\/\" target=\"_blank\" rel=\"noopener\" title>Supreme Court<\/a> immunity decision in favor of former President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\/\" target=\"_blank\" rel=\"noopener\" title>Donald Trump<\/a> on Tuesday, calling in witnesses, including a former Watergate prosecutor, to scrutinize the landmark ruling.<\/p>\n<div class=\"article-paywall\">\n<p>&ldquo;The court has always been subject to criticism,&rdquo; former Deputy Solicitor General Philip Allen Lacovara, who served as counsel to the Watergate prosecution against former President Richard Nixon, said at the outset of the hearing, arguing that the Supreme Court&rsquo;s July 1 decision in <em>Trump v. United States <\/em>is &ldquo;profoundly wrong for several reasons.&rdquo;<\/p>\n<p>Lacovara was a key witness for Democrats who have expressed outrage for months since the Supreme Court found presidents enjoy some immunities against prosecution, complicating the two federal cases against Trump as he seeks reelection. The committee is chaired by Sen. <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/dick-durbin\/\" target=\"_blank\" rel=\"noopener\" title>Dick Durbin<\/a> (D-IL), who often balks at decisions by the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/scotus-overturns-chevron-doctrine-upends-administrative-state\/\" title=\"SCOTUS Overturns Chevron Doctrine, Upends Administrative State\">high court&#038;rsquo<\/a>;s Republican-appointed majority and is a leading instigator of criticism over <a href=\"https:\/\/www.washingtonexaminer.com\/news\/supreme-court\/3158100\/durbin-pressed-roberts-enact-binding-supreme-court-ethics-code\/\" target=\"_blank\" rel=\"noopener\" title>alleged ethical lapses<\/a> on the high court.<\/p>\n<p>&ldquo;I know from my own experience in the Watergate affair that President Nixon was under active criminal investigation for his role in the cover-up. President Clinton was, President Reagan was,&rdquo; Lacovara said.<\/p>\n<p>&ldquo;At no time before 2024 did any serious lawyer, and nor did any of those presidents, claim that there was any kind of immunity from criminal exposure for crimes committed in office, including crimes committed allegedly in the performance of official function,&rdquo; the former Watergate attorney added.<\/p>\n<blockquote class=\"twitter-tweet\">\n<p lang=\"en\" dir=\"ltr\">Former Watergate prosecution counsel: The Supreme Court has &ldquo;always been subject to criticism.&rdquo; Dred Scott, Plessy v. Ferguson, Korematsu&hellip; all have been &ldquo;repudiated by history.&rdquo;<\/p>\n<p>Trump v. U.S. does not &ldquo;deserve acquiescence.&rdquo; <a href=\"https:\/\/t.co\/AMlmV9RetB\">pic.twitter.com\/AMlmV9RetB<\/a><\/p>\n<p>&mdash; Senate Judiciary Committee (@JudiciaryDems) <a href=\"https:\/\/twitter.com\/JudiciaryDems\/status\/1838605759359152215?ref_src=twsrc%5Etfw\">September 24, 2024<\/a><\/p><\/blockquote>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script async src=\"https:\/\/platform.twitter.com\/widgets.js\" charset=\"utf-8\"><\/script> <\/p>\n<p>The immunity ruling at the high court stemmed from special counsel Jack Smith&rsquo;s 2020 election subversion case in Washington, D.C., which seeks to convict Trump on four counts related to allegations that he sought to upend his election defeat four years ago through unlawful means.<\/p>\n<p>Before lawmakers began to ask questions of Lacovara and the four other expert witnesses asked to testify before the committee on Tuesday, Durbin noted that at least one or two members raised questions about the title of the hearing, which included in part a quote from Nixon: &ldquo;When the president does it, it&rsquo;s not illegal.&rdquo;<\/p>\n<p>Durbin said that while the quote came from Nixon, it could have come from Trump as well, referencing a Truth Social post from the former president in which Trump claimed, &ldquo;Presidents have to be given total immunity. They have to be allowed to do their job.&rdquo;<\/p>\n<p>Sen. John Kennedy (R-LA) resurfaced that quote later in his questioning to law professor Jennifer Mascott, asking her if the Supreme Court ever echoed what Nixon claimed in his quote.<\/p>\n<p>&ldquo;No, it did not,&rdquo; Mascott replied.<\/p>\n<p>Kennedy later raised a hypothetical argument about &ldquo;ambitious district attorneys&rdquo; in jurisdictions with constituents who disfavor President Joe Biden bringing charges against Biden. Trump is facing two state-level criminal indictments in New York County and Fulton County, where Democrats make up a majority of voters and where the district attorneys leading prosecutions are Democrats.<\/p>\n<p>&ldquo;Can you understand what the court was talking about when it said, &lsquo;We can&rsquo;t allow the court system to have a chilling effect on a president, any president from making those decisions&rsquo;?&rdquo; Kennedy asked.<\/p>\n<p>The Jan. 6 case against Trump was set to head to trial this spring but was stalled for nearly eight months after the justices agreed to weigh whether Trump was entitled to any presidential immunity privileges that would protect him from the charges.<\/p>\n<p>Although the high court did not throw out the indictment, the justices, via a 6-3 decision, set a test that divides presidential acts into three buckets: official acts that are absolutely immune from prosecution, official acts that are presumptively immune from prosecution and would require adequate rebuttals from prosecutors to be used in court, and unofficial acts that are not immune at all. The <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/how-immunity-could-complicate-trumps-hush-money-conviction-washington-examiner\/\" title=\"How immunity could complicate Trump\u2019s hush money conviction - Washington Examiner\">high court gave guidance<\/a> on certain acts that suggested Trump&rsquo;s communication with his official staff members, for example, could be considered official conduct.<\/p>\n<p>Durbin also invited former Justice Department official Mary McCord to testify on Tuesday, and McCord referenced Trump-appointed Justice Amy Coney Barrett&rsquo;s partial diversion from the majority opinion, in which Barrett disagreed with barring courts from considering a president&rsquo;s official acts as evidence in trials that are allowed to move forward.<\/p>\n<p>&ldquo;It significantly hamstrings the government,&rdquo; McCord said, quoting Barrett.<\/p>\n<p>Nevertheless, the Trump case in Washington has begun snaking through U.S. District Judge Tanya Chutkan&rsquo;s courtroom again just weeks before the Nov. 5 election between Trump and Vice President Kamala Harris, who has sought to paint herself as a former prosecutor pushing the political case against a former president facing felony charges.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\"><\/a><\/strong>&nbsp;<\/p>\n<p>Smith has asked to file a <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3162858\/jack-smith-readies-200-page-filing-trump-jan-6-case\/\" target=\"_blank\" rel=\"noopener\" title>more than 180-page brief<\/a> that will seek to justify Trump&rsquo;s charges in the wake of the Supreme Court&rsquo;s immunity ruling. <\/p>\n<p>Meanwhile, Trump&rsquo;s counsel has <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3163547\/trump-fights-jack-smith-efforts-litter-jan-6-case-with-evidence-dump\/\" target=\"_blank\" rel=\"noopener\" title>asked<\/a> Chutkan to deny Smith the ability to &ldquo;litter the docket sheet with an unnecessary tome,&rdquo; arguing there are still questions, such as additional discovery requests, that must be resolved before the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-debate-performance-renews-spotlight-on-hur-tapes-washington-examiner\/\" title=\"Biden debate performance renews spotlight on Hur tapes - Washington Examiner\">special counsel&#038;rsquo<\/a>;s extensive filing can be submitted.<\/p>\n<\/div>\n<p> <script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1767835\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1767835\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Senate Democrats recruit former Watergate prosecutor to criticize Trump immunity ruling<\/p>\n<p>On Tuesday, the Democratic-controlled Senate Judiciary Committee convened to examine the Supreme Court&#8217;s immunity ruling that favored former President Donald Trump. They invited several witnesses, including a former prosecutor from the Watergate scandal, to analyze this significant decision. Philip Allen Lacovara, who was involved in the prosecution of Richard Nixon during Watergate and served as Deputy Solicitor General, opened the hearing by stating that &#8220;the court has always been subject to criticism.&#8221; He argued that the Supreme Court&#8217;s July 1 ruling in Trump v. United States is &#8220;profoundly wrong for several reasons.&#8221; Lacovara has been a prominent voice for Democrats who have expressed outrage since the Supreme Court determined that presidents have certain immunities against prosecution, complicating two federal cases against Trump as he campaigns for reelection.<\/p>\n<p>The committee is chaired by Senator Dick Durbin (D-IL), who frequently criticizes decisions made by the Republican-appointed majority on the high court and raises concerns about alleged ethical issues within it. Lacovara noted his experience with past presidents under criminal investigation\u2014Nixon, Clinton, and Reagan\u2014and emphasized that no serious legal expert or those presidents ever claimed immunity from criminal charges related to actions taken while in office until now.<\/p>\n<p>The Supreme Court&#8217;s immunity decision arose from special counsel Jack Smith\u2019s case regarding Trump&#8217;s alleged attempts to overturn his 2020 election loss through illegal means. Before questioning began with Lacovara and other expert witnesses on Tuesday, Durbin pointed out some members had questions about a quote attributed to Nixon: \u201cWhen the president does it, it\u2019s not illegal.\u201d He remarked that this sentiment could also apply to Trump based on a post where he asserted that &#8220;Presidents have to be given total immunity.&#8221;<\/p>\n<p>During questioning later on, Senator John Kennedy (R-LA) referenced Trump&#8217;s quote while asking law professor Jennifer Mascott if any part of what Nixon claimed was echoed by the Supreme Court; she replied negatively. Kennedy then posed a hypothetical scenario regarding district attorneys potentially charging Biden in jurisdictions where voters lean Democratic.<\/p>\n<p>The trial concerning Trump&#8217;s actions related to January 6 was initially set for spring but faced delays as justices considered whether he had any presidential immunities protecting him from charges. Although they did not dismiss his indictment outright, they established criteria categorizing presidential acts into three groups: those fully immune from prosecution; those presumptively immune but requiring rebuttals; and unofficial acts which are not immune at all.<\/p>\n<p>Durbin also invited Mary McCord\u2014a former Justice Department official\u2014to testify; she highlighted Justice Amy Coney Barrett\u2019s partial dissenting opinion which criticized limiting courts&#8217; ability to consider presidential actions as evidence in trials allowed to proceed. McCord quoted Barrett saying such limitations would significantly hinder government efforts.<\/p>\n<p>As legal proceedings resume ahead of an upcoming election between Trump and Vice President Kamala Harris\u2014who has positioned herself as an advocate against him\u2014Smith plans to submit an extensive brief justifying Trump&#8217;s charges following this recent ruling on immunity. Meanwhile, Trump&#8217;s legal team is requesting Judge Tanya Chutkan deny Smith&#8217;s request for such a lengthy filing until outstanding discovery issues are resolved<\/p>\n","protected":false},"author":2633,"featured_media":2345396,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/09\/SENATE-JUDICIARY-COMMITTEE-IMMUNITY.webp","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[32714,33619,41621,41620],"class_list":["post-2345395","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner","tag-legal-challenges","tag-senate-democrats","tag-trump-immunity-ruling","tag-watergate-prosecutor"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/09\/SENATE-JUDICIARY-COMMITTEE-IMMUNITY.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2345395","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2633"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2345395"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2345395\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2345396"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2345395"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2345395"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2345395"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}