Good morning, David...the Just Security team has a post up discussing a potential use of *mandate* by the DC Circuit to shorten the usual delays allowed between various appellate procedures that tRump has taken advantage of, or more correctly, abused. The notion here is that the DC CA can decide that tRump has no immunity from prosecution, then order that the case be immediately returned to the district court, and the trial is allowed to proceed. Intersesting discussion centering around the Circuit Court's own Rules of Procedure, and how defendants like tRump can milk the clock if allowed to do so.
Trump wants to claim Presidential Immunity. But apparently, the Branch of the US Gov’t that has “immunity” is SCOTUS. With a toothless Ethics Code, bought and paid for Justices, no appetite for self-recusal, and no buy-in from Congress for Judicial Reform, that's about as “immune” from accountability as they come.
Reading TPM's Kate Riga's live-blogging of the appellate hearing, it does strongly appear that there well may be a unanimous no-immunity decision from the three-judge panel, and that may not be too long in coming. Looking ahead, next up may be an en banc motion by the Kraken team - more delays - before a final approach to SCOTUS.
But it's obvious to this non-lawyer observer that there is NO constituency within the federal court system for conferring blanket immunity upon tRump, and it simply comes down to when, not if, the immunity plea is rejected...sooner rather than later, one hopes.
Good morning, David...the Just Security team has a post up discussing a potential use of *mandate* by the DC Circuit to shorten the usual delays allowed between various appellate procedures that tRump has taken advantage of, or more correctly, abused. The notion here is that the DC CA can decide that tRump has no immunity from prosecution, then order that the case be immediately returned to the district court, and the trial is allowed to proceed. Intersesting discussion centering around the Circuit Court's own Rules of Procedure, and how defendants like tRump can milk the clock if allowed to do so.
https://www.justsecurity.org/91074/mandate-matters-how-the-dc-circuit-could-limit-trumps-run-out-the-clock-strategy/
Trump wants to claim Presidential Immunity. But apparently, the Branch of the US Gov’t that has “immunity” is SCOTUS. With a toothless Ethics Code, bought and paid for Justices, no appetite for self-recusal, and no buy-in from Congress for Judicial Reform, that's about as “immune” from accountability as they come.
Reading TPM's Kate Riga's live-blogging of the appellate hearing, it does strongly appear that there well may be a unanimous no-immunity decision from the three-judge panel, and that may not be too long in coming. Looking ahead, next up may be an en banc motion by the Kraken team - more delays - before a final approach to SCOTUS.
But it's obvious to this non-lawyer observer that there is NO constituency within the federal court system for conferring blanket immunity upon tRump, and it simply comes down to when, not if, the immunity plea is rejected...sooner rather than later, one hopes.
Amen!! Thank you for this update.