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Appearing with her colleague Alex Witt on MSNBC, former prosecutor and host of her own show, Katie Phang, shared her prediction on how the Supreme Court will rule on Donald Trump’s bid for absolute immunity and how Judge Tanya Chutkan will proceed afterward.
According to Phang, she expects the nation’s highest court — which has been delaying its highly anticipated ruling — will instruct Judge Chutkan to determine which of Trump’s actions fall under presidential powers and which are outside the scope of protection.
“I believe, as do others, that Judge Chutkan will be told she needs to make a determination as to what conduct alleged in the indictment is quote ‘official acts as president’ and what conduct is quote ‘unofficial acts.’ The unofficial acts do not get the immunity,” Phang explained.
Phang suggested that Chutkan would jump into the case immediately after the Supreme Court’s directive. “I’m a believer and I’ve been pushing this idea you will see an evidentiary hearing that Judge Chutkan will do, and I think very quickly, she’s going to put the pedal to the metal on this,” she added, told Newsweek.
She further elaborated on the potential outcome of this hearing: “And the evidence you’ll be hearing will be an opportunity for special counsel Jack Smith to present the entirety of the indictment because I believe the indictment against Donald Trump is all unofficial acts; none of that was kosher, none of it was supposed to happen, it was all illegal.”
Phang predicted that this evidentiary hearing would essentially function as a mini-trial, allowing the public to hear the details of Trump’s alleged actions. “You will see special counsel Jack Smith put on what I’m going to call a mini-trial through the course of the evidentiary hearing so Americans can hear what Donald Trump did,” she stated.
As the legal battles surrounding Trump continue to unfold, Phang’s insights provide a glimpse into the possible judicial proceedings and the significant implications they may have on the former president’s claims of immunity. The Supreme Court’s decision and Judge Chutkan’s subsequent actions will be closely watched, as they will shape the legal landscape for presidential accountability and the boundaries of executive power.
