Lindsey Graham reverses course, admits Trump argument is ‘legitimate’

Senator Lindsey Graham of South Carolina mentioned during a recent CBS News interview that he believes former President Donald Trump’s legal arguments regarding his immunity from prosecution are valid. Graham was asked about his earlier statement in 2021, in which he suggested that the president could be prosecuted because his conduct is subject to the law. When questioned about this statement, Graham responded by saying that it depends on the conduct in question, implying that Trump’s immunity claim is legitimate.

The former president was charged with four counts by special counsel Jack Smith earlier this year, accusing him of working to unlawfully overturn the 2020 election. Trump’s legal team has argued that he was acting in his capacity as president at the time and, therefore, should be immune from prosecution. Graham expressed support for Trump’s immunity claim, stating that if a president is doing their job and was still in office at the time in question, then the immunity claim is legitimate.

Graham also defended Trump by pointing out that he gave a “fiery speech” on January 6, 2021, but did not play a significant role in the breach of the Capitol that day. He predicted that the case against Trump would not go to trial before the election and emphasized the legal complexities surrounding the limitations and powers of a president.

The question of presidential immunity was recently appealed before the U.S. Supreme Court by Jack Smith’s team. However, the court declined to expedite a review of the case. This decision is seen as a win for Trump and his lawyers, who have been trying to delay the criminal cases against him while he campaigns for the 2024 presidential election. It avoids a swift ruling from the nation’s highest court that could have definitively addressed his claims of immunity and raises doubts about the possibility of the trial proceeding as scheduled in March.

The issue is now expected to be decided by the U.S. Court of Appeals for the District of Columbia Circuit, which has signaled that it will act quickly to decide the case. Trump’s lawyers have indicated that they plan to ask the Supreme Court to overturn a decision by the Colorado Supreme Court that barred him from the state’s ballot under Section 3 of the 14th Amendment. The former president’s legal team has expressed the intention to ultimately ask the Supreme Court to take up the immunity question but suggested that there is no rush for a decision, emphasizing the need for careful deliberation on such novel and complex issues.

In conclusion, Graham believes that Trump is in a strong position to win the Republican primary and the general election, as he maintains support from within the party and the outcome of the January 6 incident has not significantly affected public opinion. The legal battles surrounding Trump’s immunity from criminal prosecution for his official acts continue to unfold, with the final decision possibly resting with the U.S. Supreme Court in the future. The Associated Press contributed to this report.