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COURTSIDE with Neal Katyal

Emergency Courtside Episode on Trump's 3 Procedural Defenses to the Georgia Indictment

COURTSIDE with Neal Katyal

Neal Katyal

Politics, News, Society & Culture

4.9614 Ratings

🗓️ 17 August 2023

⏱️ 7 minutes

🧾️ Download transcript

Summary

I discuss these three Trump maneuvers, and why each is likely to fail. Listeners have been asking me about each of these 3, so I thought I’d put my answers to you in this format. For more on the new Georgia statute for ouster of local prosecutors (a move Governor DeSantis just used in Florida), read this informative article https://www.theatlantic.com/ideas/archive/2023/08/trump-georgia-indictment-motion-remove/675019/

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This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit nealkatyal.substack.com

Transcript

Click on a timestamp to play from that location

0:00.0

Hi, I'm Neil Katiel, and thanks for listening to this emergency episode of Courtside.

0:06.2

Today, I want to go through what you all are asking me about online, which are three of Donald

0:12.0

Trump's strategies to try and get out of the Georgia indictment. The three are, number one, a presidential

0:17.9

pardon, two, the use of the Georgia statute that allows for the

0:23.1

ousting of the local prosecutors, including Vaughney Willis. And third, removal from the state court

0:31.0

to a different court, the federal court. Here's the bottom line. I think all three are going to

0:36.6

fail. Let's go through them. The first,

0:39.7

can Donald Trump or a future president who's a Republican pardon Donald Trump for the Georgia

0:45.5

offenses? The answer is clearly no. Our United States Constitution limits the pardon power

0:51.7

to only federal offenses so state crimes don't count.

0:56.7

What this means is that Jack Smith, who's the federal special counsel,

1:01.9

his charges could go away in the event of a Republican win in 2024,

1:07.8

but it would leave the Georgia charges entirely intact. Number two, there are questions about

1:15.2

this new law that Georgia has enacted that allows for the removal of local prosecutors for

1:21.3

malfeasance. This is actually a strategy that Governor DeSantis in Florida just used last week to remove a local district attorney.

1:30.9

But Georgia is different.

1:32.7

It's not the governor say so to oust a district attorney.

1:37.1

Rather, the law creates an eight-member board to review prosecutors, and those members are appointed by the governor.

1:44.8

Here, however, the governor has already come out rejecting Donald Trump's cockamamie claims

1:50.7

about the 2020 election. Governor Brian Kemp tweeted yesterday in response to a Trump message

1:57.6

saying the election was rigged, and he said, quote, the 2020 election in Georgia was not stolen.

2:04.4

For nearly three years now, anyone with evidence of fraud has failed to come forward under oath

...

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