Professor Joel Johnson Quoted in "Trump Seeks to Turn Supreme Court Win in Election Case to Scuttle Classified Docs Case" -- NBC News

Professor Joel S. Johnson is quoted in the NBC News article, "Trump Seeks to Turn Supreme Court Win in Election Case to Scuttle Classified Docs Case." Professor Johnson is quoted for commentary on the potential effects of the Supreme Court's recent presidential immunity decision on former President Trump's pending criminal prosecution in the classified documents case.

Excerpts from "Trump Seeks to Turn Supreme Court Win in Election Case to Scuttle Classified Docs Case"

Legal experts said they expect the defense to revisit arguments about how and when Trump could declassify classified documents as he left the White House.

“The outcome will depend on whether Judge Cannon characterizes Trump’s decision at the end of his Presidency to transport the documents to Mar-a-Lago as an official act of designating the documents as personal, and whether she views that act as an essential premise on which the criminal charges depend,” said Joel Johnson, an associate professor at Pepperdine Caruso School of Law. He said the court’s decision could prove beneficial to Trump.

“I expect that his legal team will double down on its argument that he designated the documents as personal before leaving office and that, in doing so, he was performing an official act—which is afforded at least a presumption of immunity from criminal prosecution under this morning’s Supreme Court decision,” Johnson said in an email. “Because the criminal charges flow from that official act, Trump’s team will likely argue, they should be dismissed on the basis of presidential immunity.”

----------

In a concurring opinion, Thomas suggested the special counsel’s appointment was improper under the Constitution.

While Thomas’ opinion is not binding and says little about where the other justices stand, it may still prove significant, said Johnson. “It not only expresses his substantial doubts about the constitutionality of special counsel, but also lays out a nine-page argument that Judge Cannon could use to reach the same conclusion.”

Cannon last week heard arguments on this question.

Still, said Johnson, relying on the opinion “would not insulate her from reversal on appeal,” a feature others pointed to.

The complete article may be found at NBC News