Posted on 02/06/2024 7:33:27 AM PST by bitt
A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, rejecting the former president’s claims that he is immune from prosecution.
The decision marks the second time in as many months that judges have spurned Trump’s immunity arguments and held that he can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. But it also sets the stage for additional appeals from the Republican ex-president that could reach the U.S. Supreme Court. The trial was originally set for March, but it was postponed last week and the judge didn’t immediately set a new date.
The trial date carries enormous political ramifications, with the Republican primary front-runner hoping to delay it until after the November election. If Trump defeats President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases or he potentially could seek a pardon for himself.
The appeals court took center stage in the immunity dispute after the Supreme Court last month said it was at least temporarily staying out of it, rejecting a request from special counsel Jack Smith to take up the matter quickly and issue a speedy ruling.
The legally untested question before the court was whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.
(Excerpt) Read more at nypost.com ...
The case is pending in the District Court, which is the trial court. Appeal is to the Circuit Court of Appeal, then SCOTUS. That’s the entirety of the federal court hierarchy l.
the Colorado decision is also due Thursday. The SC should set it aside
So the question is: How will the Trump legal team take it from here. The DC Circuit will not send the case back to the trial court for 6 days. Trump can ask for a rehearing or an en banc hearing (where all 11 judges would sit). He can also go directly to the SCOTUS—he has 45 days to file for a writ of certiorari. If he goes to the SCOTUS, the case will be stayed until the SCOTUS decides whether to take the case. If he asks for rehearing/en banc hearing, the case is stayed only for 6 days unless the DC Circuit grants another hearing. My guess is Trump’s team asks for en banc hearing, which they have 14 days to request, it will be denied about a week later, and then he has 45 days to ask the SCOTUS to take the case, which they will take. Trump wants SCOTUS to hear this case in the Fall, thereby effectively moving it until after the election.
You are absolutely correct. Not even the President is above the law, and that now clearly includes Joe Biden and Barak Obama.
Who is the chief judge of the DC Court of Appeals?
Chief Judge Blackburne-Rigsby
As Chief Judge of the District of Columbia Court of Appeals, Chief Judge Blackburne-Rigsby chairs the Joint Committee on Judicial Administration for the District of Columbia. Prior to being designated Chief Judge, Chief Judge Blackburne-Rigsby was nominated by President George W.
Thanks to all of you
If a president is carrying out his necessary and official duties, he is immune.
Obama droned two American citizens in Yemen. A father and his 16-year-old son. He cannot be prosecuted for that.
https://en.wikipedia.org/wiki/Killing_of_Abdulrahman_al-Awlaki
Smarten up
IBTZ.
You are wrong in too many ways to count.
Which Supreme Court justice oversees D.C. Circuit?
Circuit Assignments - Supreme Court of the United States
John G. Roberts, Jr.
Even a ham sandwich is not immune from prosecution. Govenment has huge resources and can concoct criminal evidence out of this air.
All the judicial courts are compromised and corrupt! Do not expect a favorable ruling from the Supreme Court. Roberts will see to it. You don’t think for one freaking moment. Lawfare is not on top of this? Do you not think for one moment bubba hitlery and the racist Obama connections are not on top of this? Bubba and Hitler are having a damn good time watching Trump go through the ringer.
He is if he owns the DOJ and enough judges, apparently. Those of us who love Trump think he's the cleanest president in our lifetimes, and that he's being victimized by lawfare.
Wow, that was harsh!
Don’t be too sure about the SCOTUS.
How come hardly any appointments were made in D.C under Trump?
it was true
Nobody is immune from prosecution under democrats control.
1984
Is it True that upon re-election Trump is going to sign an Executive Order STRIPPING ALL CLAIMS OF IMMUNITY from All Judges Nationwide??
This is bad news for Biden and Obama.
There is a reason that previous administrations did not go after their opponent when the election was over. That is because the next person to get into office could go after them.
The Democrats have changed all that. It is now open season on any ex-President (we have become a banana republic without the bananas).
They must have something really bad to hide to go to such efforts to keep one man out of office.
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