Name: 他會逃跑律師詳解大選前不會開始審判特朗普的原因 ('He's going to escape': Attorney breaks down why Trump trials won't start before election)
Uploaded: 2024-06-21T09:12:04.000Z
Duration: 9 min 55 s

Supreme suspense as the country waits for blockbuster decisions from the highest court in the land the justices issuing four rulings today

最高懸念：全國期待最高法院做出重大裁決 大法官們今天做出四項裁決

程度副詞

But we're still waiting on the three hunt highly consequential ones

但我們仍在等待三個影響重大的狩獵活動的消息

That we have been talking about for weeks now former president Trump's claimed that he has immunity from prosecution for actions

我們已經討論了幾個星期，前總統特朗普聲稱他的行為可以免於起訴。

He took as president the case concerning whether January 6 defendants can be charged with obstruction of a proceeding under that specific law and third emergency room

他將 1 月 6 日的被告是否可根據該特定法律和第三急診室被控妨害訴訟的案件作為庭長審理

Abortions, let's get right to CNN Supreme Court analyst Joan Biskupic and Joan all of these huge decisions could come down within the next two

墮胎問題，讓我們馬上連線CNN最高法院分析員瓊-比斯庫皮奇，瓊，所有這些重大決定都可能在接下來的兩週內做出

Weeks take us inside the the court as this anticipation mounts sure your phrase supreme suspense was exactly right and you know in addition to those big three that you mentioned they also have a

周帶我們走進法院，因為這預示著我們將成為法院的一員，你說的 "最高懸念 "是完全正確的。

Major case on Second Amendment gun rights they have cases on social media regulation by governments they have

關於第二修正案槍支權利的重大案件 他們有關於政府監管社交媒體的案件 他們有

Environmental protection cases federal regulatory disputes so a lot of major

環境保護案件的聯邦監管糾紛，是以很多重大

Questions that are you know have been lingering for years that have come to culmination this term

你們知道，這些問題已縈繞多年，在本學期達到了頂峰

So you go in Jake at 10 o'clock Eastern Time and then the nine justices usually there are nine today Justice Alito

所以，你在東部時間 10 點鐘去傑克，然後九個法官通常有九個今天法官阿利托

Wasn't on the bench the nine do sit and the chief says to whoever is going to read the majority

九個人坐在審判席上，首席法官對宣讀多數意見的人說

But as you know this is the season of dissents from the bench also because we have so many

但大家都知道，現在也是法官們提出異議的季節，因為我們有很多

Big cases out there that you know a lot is at stake

And this is the time of year when a justice who's dissenting

每年的這個時候，持反對意見的法官都會

Wants to call more attention to his or her protest and will speak from the bench

想讓更多人注意到自己的抗議，並會在議席上發言

We had that last week in the bump stocks ruling when Justice Sotomayor

上週，在 "撞火槍支 "案的裁決中，索托馬約爾大法官（Justice Sotomayor）指出

Protested the majority's decision to invalidate a federal regulation that prohibited buns bump stocks as machine guns

抗議多數人裁定禁止將保險槓槍托作為機關槍使用的聯邦法規無效

And you know there is just a lot of anticipation in the room sometimes

你知道，有時房間裡充滿了期待

Relatives and friends of the justices come often a spouse will show up today Justice Kavanaugh's parents were there so you know it's just everyone in and

大法官的親戚和朋友經常會來，今天卡瓦諾大法官的父母也來了，所以大家都來了。

Anticipation and we do not know which cases are going to come when until we get to the very last day which this year Jake should be potentially a week from next Friday or

在最後一天之前，我們都不知道哪些案件會在什麼時候發生，而今年傑克可能會在下週五或一週後發生。

Monday July 1st and the immunity decision just a huge one and obviously we'll have a

7月1日星期一，豁免權的決定是一個重大決定，顯然我們將有一個

Significant impact on the presidential race and the timing of this decision can't be ignored it can't Jake

這一決定對總統競選的重大影響和時機選擇不容忽視。

And I just want to remind everyone that the justices had had an opportunity to take up

我只想提醒大家，大法官們曾有機會討論以下問題

Jacksmith's request to examine presidential immunity back in December special counsel Jack Smith

早在 12 月，特別顧問傑克-史密斯（Jack Smith）就要求審查總統豁免權。

Representing the Department of Justice the American people had asked the Supreme Court to actually look then at former President Trump's claim that he should be shielded from criminal prosecution for the events after the 2020 election and the justices said no they decided to wait until

代表司法部的美國人民曾要求最高法院實際審查前總統特朗普的主張，即他應該在2020年大選後的事件中免於刑事起訴。

Oral arguments on April 25th, that's when they heard it

4 月 25 日的口頭辯論，他們就是在那個時候聽到的

You know we obviously saw them struggling with some pretty important questions, but now they've already you know

你知道，我們顯然看到他們在一些非常重要的問題上掙扎，但現在他們已經你知道

Many more weeks that if we get the ruling tomorrow or next week

如果我們明天或下週就能得到裁決，那將會有更多的星期

We are right up against the November election in terms of a possible trial for former President Trump because you know

就前總統特朗普可能接受的審判而言，我們正面臨著 11 月的大選，因為你知道

I think just the preparation for any kind of trial is going to take about three months if not more Jake so no matter how they rule I think the the window of opportunity for any kind of

我認為，任何審判的準備工作都需要三個月左右的時間，如果不是更長的話。

Prosecution on behalf of the Department of Justice might be might be doing dwindling Jake

代表司法部提起的訴訟可能會越來越少 傑克

It's worth noting of course that next week marks two years

Since the Supreme Court's Dobbs decision which overturned Roe v. Wade and as the White House prepares to mark that day

自最高法院做出推翻 "羅伊訴韋德案 "的多布斯裁決以來，白宮正準備紀念這一天

They're also bracing for this emergency room abortion ruling

他們也在為這項急診室流產裁決做準備

And you know just think of how much has changed in America since the justices struck down nearly 50 years of constitutional abortion rights

想想看，自從大法官廢除了近 50 年的憲法規定的墮胎權後，美國發生了多大的變化吧

Some 14 states have completely banned abortion several other states have imposed very strict restrictions on

People's ability at women's ability to end a pregnancy and we've now even seen debates over in vitro

人們關注婦女終止妊娠的能力，我們現在甚至看到了關於試管嬰兒的辯論。

Fertilization all sorts of reproductive rights are now

受精的各種生殖權利現在都有了

You know now now really in doubt because of that decision and I think Jake no matter how the justices rule on that federal law

我認為，無論大法官們如何對聯邦法律做出裁決，傑克都會受到質疑。

That's intended to ensure emergency room treatment and whether that even applies for potential abortions for

其目的是確保急診室的治療，而這是否甚至適用於可能的墮胎，因為

Mothers health and emergency situations in states like Idaho that ban abortion that will not be the last word on litigation coming from that 2022 decision to completely eliminate

在愛達荷州等禁止墮胎的州，母親的健康和緊急情況不會是 2022 年決定徹底消除墮胎的訴訟的最後結果。

Constitutional abortion rights. All right, CNN's Joe Biskupic. Thanks so much

憲法規定的墮胎權好的，CNN記者喬-比斯庫皮奇。非常感謝

Let's discuss this all with our legal panel have with me Ellie Honig Tom Dupree and Brandi Hardin Ellie if the presidential immunity decision

讓我們與我們的法律小組討論這一切，有請埃莉-霍尼格（Ellie Honig）、湯姆-杜普里（Tom Dupree）和布蘭迪-哈丁（Brandi Hardin）。

Ends up being last on the docket. So she said July something right July 2nd or something

結果是最後一個。所以她說七月什麼的，對吧，七月二號什麼的

What might the impact be on a potential trial? Do you think that's that's it?

這對可能進行的審判有什麼影響？你認為是這樣嗎？

No trial until after the election and obviously if Trump wins, he'll get rid of it

大選前不會進行審判，顯然，如果特朗普獲勝，他就會撤銷審判

I think there's still a chance to get this trial in as Joan said the window is very quickly closing every day that passes

我認為，正如瓊所說的那樣，我們仍有機會將這一審判進行到底。

Of course makes a trial less likely before the election, but we're really talking about sort of small change at this point

當然，在大選之前進行審判的可能性較小，但目前我們談論的只是微小的變化。

I mean whether the decision comes down tomorrow or comes down ten days from from now

我的意思是，無論明天還是十天後做出決定

Doesn't make that big a difference. Here's what to watch though when the Supreme Court rules

區別並不大。以下是最高法院做出裁決時的注意事項

I think what they're gonna do is say here's the test first time we're ever announcing this

我認為他們會說，這是我們首次宣佈的測試結果

Here's the test for presidential immunity if the court says here's the test and Trump fails

以下是總統豁免權的測試方法，如果法院說這是測試方法，而特朗普沒有通過的話

Then it goes back to the trial court and then I think they can squeeze in a trial before the election if they want

然後回到審判法庭，如果他們願意的話，我想他們可以在選舉前擠出時間進行審判。

But if the court says here's the new test and now back to the trial court

但如果法院說這是新的測試，現在回到原審法院

You have to decide whether Trump meets that test or not

你必須判斷特朗普是否符合這一標準

Then we're going back up the appeals chain and then there's no trial

然後我們又回到上訴鏈，然後就沒有審判了

Don't you think that's the second option is what they're gonna do?

你不覺得這是他們的第二個選擇嗎？

I think the Supreme Court is gonna basically take a middle position between the two somewhat extreme positions

我認為最高法院基本上會在兩種略顯極端的立場之間採取中間立場

The parties have said the Jack Smith says there's basically no immunity

雙方都說傑克-史密斯說基本上沒有豁免權

The Trump team says it's absolute immunity Supreme Court's gonna come down in the middle

特朗普團隊稱絕對豁免權 最高法院將居中裁決

I don't think they are going to get into the facts of this case and apply their newly stated

我不認為他們會深入瞭解本案的事實，並運用他們新陳述的

Constitutional standard to Trump in this case. We saw from the argument that they are operating at a 30,000 foot level

在本案中，特朗普的憲法標準。我們從爭論中看到，他們是在三萬英尺的高度上運作的

They are thinking grand questions of constitutional law

They're not going down to this kind of granular get-your-hands-dirty question of well

他們不會深入到這種細枝末節的問題，即 "好吧"。

What the stuff Trump did falls on the official side or on the private side?

特朗普的所作所為屬於官方行為還是私人行為？

I think they're gonna announce high arching legal principles and then leave it to the lower courts to sort it all out

我認為他們會宣佈高屋建瓴的法律原則，然後交由下級法院來解決所有問題

So Brandy in oral arguments on April 25th chief justice of the United States

是以，布蘭迪在 4 月 25 日的口頭辯論中，美國首席大法官

約翰-羅伯茨（John Roberts）說，我讀到的引文是

It says simply a former president can be prosecuted because he's being prosecuted

它簡單地說，前總統可以被起訴，因為他正在被起訴

Why shouldn't we either send it back to the Court of Appeals or issue an opinion making clear that that's not the law?

為什麼我們不能將其發回上訴法院，或者發表意見，明確指出這不是法律？

And and how do you think that for foretells what actually is gonna happen?

So I really just think they're saying look if a president's being prosecuted. He can be prosecuted. There is that that's obviously something

所以我覺得他們是在說 如果總統被起訴了他可以被起訴。有，這顯然是什麼

That's true. But what I really think here is that just like everyone said they are not gonna make a decision

沒錯。但我真正的想法是，就像大家說的那樣，他們不會做出決定

There's gonna be new law that they come out with with respect to immunity and they're just gonna send it back to the courts

他們會就豁免權制定新的法律，並將其發回法院重審。

That's what's really gonna happen. And let me say this as a defense attorney. I think there is no chance

這才是真正會發生的事讓我以辯護律師的身份告訴你我認為沒有機會

No possibility of a trial before the election if I'm now starting a new I have this file. I've been working on it

如果我現在開始新的工作，就不可能在選舉前進行審判，我有這份文件。我一直在處理

There is literally no possibility that I can get through everything and be prepared for a trial

我根本不可能完成所有工作併為審判做好準備

Nobody how many people are on the team in order to be ready before the election?

為了在選舉前做好準備，團隊裡有多少人？

So I think once again, he's gonna escape and there are not gonna be any more trials before the election

是以，我認為他會再次逃脫，在選舉前不會再有任何審判了

Ellie you have an article coming out in tomorrow in New York magazine on the scenario posed by a DC Court of Appeals judge

艾莉，你明天將在《紐約雜誌》上發表一篇文章，介紹華盛頓特區上訴法院法官提出的方案。

Quote could a president who ordered SEAL team six to assassinate a political rival and who was not impeached

一個命令海豹六隊暗殺政敵卻未被彈劾的總統，能引用的名言是

Would he be subject to criminal prosecution the argument being?

From the Trump lawyers at that time during that argument that you have to be impeached before you can be prosecuted

當時特朗普的律師在爭論中說，你必須先被彈劾才能被起訴

Preach impeach and convicted. I think right you argue. It's way oversimplified. So yeah

宣揚彈劾和定罪。我認為你的論點是對的。太簡單了所以是的

I think that moment was the most memorable moment from all the Trump arguments, right?

我認為那一刻是特朗普所有爭論中最令人難忘的時刻，對嗎？

Who could forget it the answer that Trump Donald Trump's lawyers gave was outrageous wrong reckless and dangerous

誰能忘記特朗普唐納德-特朗普的律師給出的答案？

The problem is you have to go beyond that

I am convinced the Supreme Court is going to reject this theory that

我相信最高法院會駁回這一理論，即

Anyone can only ever be indicted a president if he's first been impeached and then removed that will never happen

只有先被彈劾再被罷免的總統才能被起訴，而這是永遠不可能發生的。

The courts gonna say no, that's ridiculous

But we don't have we can't end there because then the courts gonna have to say well

但我們不能就此結束，因為法院會說

Here's what the standard is. And that's where I think we get into what we've been talking about

這就是標準。這就是我們一直在討論的問題

So it's not as easy as just saying, of course, you can't kill in a political rival

是以，這並不像說 "當然，你不能在政治對手中殺人 "那麼簡單。

Of course, they're gonna reject this what's taking so long what's taking so long is they're trying to articulate the standard for the first time

當然，他們會拒絕接受，為什麼要花這麼長時間？

In American history and then they're gonna have to have that applied through the trial court. So it's much more complicated

在美國曆史上，他們必須通過審判法庭來申請。所以這要複雜得多

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他會逃跑律師詳解大選前不會開始審判特朗普的原因 ('He's going to escape': Attorney breaks down why Trump trials won't start before election)

sort

potential

significant

opportunity