Ronald Reagan's Lawyer Has Bad News for Donald Trump

Peter J. Wallison, who served as an lawyer former President Ronald Reagan, offered Donald Trump grim news about his chances of the United States Supreme Court granting him presidential immunity.

The release of the audio comes as Trump faces charges in a federal case regarding his alleged efforts to subvert the 2020 election results. The DOJ charged Trump in August on four counts—including conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.

Trump, the frontrunner in the 2024 GOP presidential primary, maintains his innocence, pleading not guilty to all charges and accusing federal prosecutors of targeting him for political purposes. He has argued he is immune from prosecution over charges he interfered in the 2020 election because the alleged offenses were committed when he was president.

Wallison wrote that he opposes immunity for Trump in an opinion article published in The Wall Street Journal Wednesday night titled, "Against Immunity for Trump." Wallison currently served as a senior fellow emeritus at the American Enterprise Institute, a right-leaning think tank.

"The Supreme Court could ultimately hold otherwise, but the case is strong that Mr. Trump should be denied immunity. There can hardly be a more serious crime for a president than to use the power of his office corruptly to prevent his successor from becoming president through a valid election," he wrote.

Newsweek reached out to the Trump campaign for comment via email.

Wallison dismissed Trump claims that a trial would constitute double jeopardy, as he has already been impeached over the Jan. 6, 2021, riot at the U.S. Capitol building.

Article I, Section 3 of the Constitution suggests that "when an official is impeached and convicted, he can still be tried criminally," he wrote. Wallison also noted that a Washington, D.C., circuit court has previously determined Trump was "engaged in re-election activities, not presidential duties" when he allegedly tried to thwart the election results.

District Judge Tanya Chutkan, who is overseeing the election interference trial, denied the immunity request from the former president's legal team at the start of December. The decision was taken to an appellate court. Department of Justice (DOJ) Jack Smith has asked the Supreme Court to rule on the immunity claims, but the court ruled last Friday the decision must be first made by the appellate court.

Depending on the outcome of the appellate court's ruling, either Smith or Trump's legal team could sue to appeal to get the Supreme Court involved in the immunity ruling. But the process could delay the start of Trump's trial beyond the March 2024 start date. Analysts believe Trump wants to push the trial back until after the November election. If he wins the election, he could drop the case or pardon himself.