Donald Trump's Presidential Immunity Motion is 'A Loser'—Attorney

Donald Trump is aware he can't cite presidential immunity to shield himself from federal prosecution but is arguing the case anyway as a delay tactic, according to a legal expert.

Joyce Vance, a former federal prosecutor and legal analyst who was nominated as a U.S. attorney by then-President Barack Obama, was reacting to the former president's ongoing argument that he cannot face prosecution in Special Counsel Jack Smith's federal 2020 election interference investigation as his alleged offending occurred while he was in office.

Smith recently bypassed the appeals courts to directly ask the Supreme Court to quickly rule if Trump can cite absolute immunity from federal prosecution ahead of the trial, where the former president has pleaded not guilty to four charges over allegations he illegally tried to overturn the 2020 Election results. On Wednesday, Trump's legal team wrote to the U.S. Court of Appeals for the District of Columbia Circuit urging them not to expedite the case while condemning Smith' hopes for a "rushed proceeding."

The timing of the federal election trial, due to begin in March 2024, is crucial for Trump. Experts have said the former president is hoping to delay proceedings until after the 2024 election, as the frontrunner in the GOP primary could demand the Department of Justice end the investigation if he wins the race against Joe Biden and enters office. Trump and his legal team have also frequently accused Smith of "election interference" with the investigation, claiming it is an attempt to stop him winning in 2024.

Speaking on MSNBC's 11th Hour, Vance said Trump attempting to argue the immunity defense through the courts is "absolutely a delay game," citing his legal team's recent filings to the appeals court in D.C.

"Trump has filed a motion to dismiss the charges against him on immunity grounds. And now, today, we see him in front of the Court of Appeal saying 'but wait a second, don't rule on my motion too fast. No need to expedite it. Let's take our time here,'" Vance said.

"And of course, any criminal defendant who's under indictment, who has a serious motion to dismiss the charges against him, wants to see that motion ruled upon as quickly as possible.

"Yes, this is a delay game. Even Trump understands that his immunity motion is a loser," she added.

Trump's legal team has been contacted for comment via email.

In their filings to the appeals court, Trump's lawyers argued that the former president has a right for "full and fair opportunity" to develop and present his arguments and that the Supreme Court should not be allowed to expedite the immunity ruling.

"A rushed schedule, as the prosecution demands, would vitiate these constitutional rights and irreparably undermine public confidence in the judicial system," Trump's lawyers said.

The appeals court granted Smith's request to expedite the immunity ruling and ordered Trump's team to file their brief in the case by December 23.

In a post on Truth Social, Trump lashed out at Smith for wanting to "RUSH, RUSH, RUSH" to the Supreme Court for a speedy decision on the immunity defense.

"He doesn't want to go to our Highest Court with a loss, or negative opinion, but what he does want to do is INTERFERE WITH THE PRESIDENTIAL ELECTION OF 2024, hoping to damage Biden's POLITICAL OPPONENT," Trump wrote.

"In other words he want to CHEAT, because if they really wanted SPEED, they would have brought this ridiculous lawsuit 3 years ago, and it would be long ago over. But no, they Waited, and Waited, and Waited, and brought it right in the middle of my Presidential Campaign—THE DEFINITION OF ELECTION INTERFERENCE!!!"

Smith's office has been contacted for comment via email.