David Schoen, who served as Donald Trump’s impeachment lawyer, told Newsmax that the New York paperwork case against the president-elect “must be dismissed.”
“I’ll tell you what I think must happen: The case must be dismissed,” Schoen told Newsmax’s “Newsline” on Wednesday. “Remember, there are two issues now. One is the impact of the [Supreme Court] immunity decision and tainted evidence that went to the grand jury and went to the trial jury. It should be dismissed on those grounds, and that’s what Judge [Juan] Merchan was going to rule on yesterday.”
“However, given President Trump’s election, there’s another issue, and that is whether we prosecute or continue the criminal process at all for a sitting president,” he said. “We know from the Oct. 16, 2000, OLC [Office of Legal Counsel] memo that we don’t have an indictment, we don’t continue the criminal process and the feds at all for a president. The underlying principles behind that document apply to any state prosecution.”
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