Not So Immune: The D.C. Circuit’s Forceful Rejection of Trump’s Claim of Absolute Presidential Immunity
Not So Immune: The D.C. Circuit’s Forceful Rejection of Trump’s Claim of Absolute Presidential Immunity
The long-awaited opinion is unanimous, narrowly-tailored, and very well could be the last word.
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"The panel’s most aggressive move was not in the opinion itself, which is straightforwardly correct, but in the judgment that accompanies it on the docket. There, the panel gave the following directions regarding the ‘issuance of the mandate,’ a next step that must take place before Judge Chutkan can resume Trump’s criminal trial…”
“In effect, this means that Trump can only stop the issuance of the mandate by petitioning the Supreme Court for a stay pending a full application for certiorari, not by seeking rehearing either before the panel or the en banc D.C. Circuit.”
So, he only has one way to go.
The Supremes will not want to try and argue with such a detailed ruling. I will be surprised if they hear the appeal.
OTOH, if they do hear the appeal, it's proof that the fix is in. Even if they end up ultimately denying it, they will have delayed the trials to no longer matter.
The Supremes already declined to hear the case, it would be a little crazy if they changed their collective minds on that and took up the case.
There's any number of reasons why they would take it up now, but I doubt they will
We can only hope.