Former President Trump moved to dismiss the Indictment and the district court denied his motion. Today, we affirm the denial. For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.
I assume trumpski will appeal to the scotus?
unanimous. I wonder what prompted the senior judge to ponder so long before joining?
I assume trumpski will appeal to the scotus?
Of course. The denial cites SCOTUS a bunch, I guess to forestall being overturned.
Its fitting that 1) the case was 3-0, and 2) the judges ruled that trumps interpretation would collapse our system (their words).
I assume trumpski will appeal to the scotus?
Of course. The denial cites SCOTUS a bunch, I guess to forestall being overturned.
He will probably first ask the entire appeals court to rehear the case — just to burn more time.
Yeah, any indications of why this took so long. That seems to be the only real question around it.
Dang, I guess Biden wont be able to shoot him at the debate. Or wait I think he had to order seal team 6 to do it to be okay, or would either way work, I am confused.
Is there then an option for the entire dc circuit appeals court to just bump it up without review?
Former President Trump moved to dismiss the Indictment and the district court denied his motion. Today, we affirm the denial. For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.
Why the fuck did it take them that long to confirm the obvious? Now he appeals further up. Such a fucking waste of time.
I assume trumpski will appeal to the scotus?
Of course. The denial cites SCOTUS a bunch, I guess to forestall being overturned.
He will probably first ask the entire appeals court to rehear the case — just to burn more time.
I just thought of a funny.
In the 14A case, someone should have filed a brief, claiming as potus he had immunity so none of this matters. I mean SCOTUS would ignore it, but it would have been funny. Then again, so many brief’s were filed, it might be buried in one somewhere.
Is there then an option for the entire dc circuit appeals court to just bump it up without review?
Yes. They can decline to hear the appeal. Then it’s up to Trump whether to ask SCOTUS to hear the case.
Yeah, any indications of why this took so long. That seems to be the only real question around it.
From legal twitter, it was a question of jurisdiction based on a case “Midland asphalt”
There will be an appeal, thats what trump does. he isnt footing the bill, the cases are incredibly damning to him, the only way he gets out of things is to win the presidency and then cause a ruckus.
From the ruling:
“It would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed, were the sole **officer **capable of defying those laws with impunity,†they wrote.
Bold mine… they used that word on purpose I guarantee it.
Yeah, any indications of why this took so long. That seems to be the only real question around it.
From legal twitter, it was a question of jurisdiction based on a case “Midland asphalt”
There will be an appeal, thats what trump does. he isnt footing the bill, the cases are incredibly damning to him, the only way he gets out of things is to win the presidency and then cause a ruckus.
I have ZERO issue with anyone utilizing their full legal right of appeal. I personally don’t see why anyone has an issue with this.
My issue is everyone seemed to say this was a clear cut case, why did they take what a month to rule on the appeal.
the Midland asphalt case ruling should have meant they would not even take the case. But interesting, if they were pondering if his appeal was even legal. Seems another way to slow things down. You lose either way they rule. But get the delay.
Is there then an option for the entire dc circuit appeals court to just bump it up without review?
Yes. They can decline to hear the appeal. Then it’s up to Trump whether to ask SCOTUS to hear the case.
It appears that the legal minds on X think that such an en banc appeal won’t keep the stay in place. The only thing that can stop Judge Chutkan from proceeding with the trial is notification of an appeal to SCOTUS, and he has to do that by Feb. 12.
IANAL
Is there then an option for the entire dc circuit appeals court to just bump it up without review?
Yes. They can decline to hear the appeal. Then it’s up to Trump whether to ask SCOTUS to hear the case.
It appears that the legal minds on X think that such an en banc appeal won’t keep the stay in place. The only thing that can stop Judge Chutkan from proceeding with the trial is notification of an appeal to SCOTUS, and he has to do that by Feb. 12.
IANAL
That is explicit in the court’s order.
https://www.documentcloud.org/documents/24409133-immunityordcadc020624
So does that mean that he can only get a delay if he appeals directly to SCOTUS - meaning he can’t add a step by appealing to the entire DC appeals court and then SCOTUS?
So does that mean that he can only get a delay if he appeals directly to SCOTUS - meaning he can’t add a step by appealing to the entire DC appeals court and then SCOTUS?
I don’t think it means that. If he appeals to the full DC appeals court there is no stay under the panel’s order. But, the full appeals court would have the power to issue its own stay.
Its fitting that 1) the case was 3-0, and 2) the judges ruled that trumps interpretation would collapse our system (their words).
Worth emphasizing:
Donald Trump is arguing in court for a position that judges unanimously understand as an existential threat to our democratic republic.
Its fitting that 1) the case was 3-0, and 2) the judges ruled that trumps interpretation would collapse our system (their words).
Worth emphasizing:
Donald Trump is arguing in court for a position that judges unanimously understand as an existential threat to our democratic republic.
Well duh, they are part of the DEEP STATE who are clearly on a WITCH HUNT to destroy YOUR GREATEST PRESIDENT EVER!!!