Our resident lawyer, Aaron Walker, did a deep dive into the Fifth Circuit's ruling against former President Donald Trump's claim of immunity from prosecution. Walker wrote:
The case was on hold because of what is known as an interlocutory appeal. Normally, no appeal happens until the case ends in the trial court, a.k.a. the district court. But sometimes it makes sense for the courts to hear an issue before the case is done. That’s an interlocutory appeal. Here, they were hearing Trump’s claim that he was immune from prosecution or that it violated double jeopardy, presumably because if Trump won on those issues, the case might partially or completely go away.
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There are eleven judges on the D.C. Circuit. But today’s decision was only heard by three of those judges. That’s because in all federal circuits, the vast majority of the appeals they hear are heard by a three judge ‘panel’ of judges, who are chosen at random. But occasionally, a case is deemed appropriate for the entire circuit to hear the case. That is what is referred to as en banc review—meaning review by the whole court. They don’t have to take it, but Trump can ask.
He can also ask for the Supreme Court to consider it. They don’t have to take the case, either—in the vast majority of cases, the Supreme Court decides whether or not to take a case. But again, Trump can ask.
Trump did ask the Supreme Court Monday to consider it, and the Supreme Court looks like it will.
BREAKING: Trump has officially asked the Supreme Court to block the appeals court ruling that he is not immune from prosecution for his effort to subvert the 2020 election, https://t.co/xadBRavBok
— Kyle Cheney (@kyledcheney) February 12, 2024
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For weeks, I’ve predicted that the Supreme Court likely will not take up this case, letting the D.C. Circuit ruling stand.
— Renato Mariotti (@renato_mariotti) February 13, 2024
After reading this poorly-written application for a stay, I’m feeling good about my prediction. https://t.co/VeXzQau50x
Remember, all liberal lawyers on Twitter are always wrong about everything.
— Kurt Schlichter (@KurtSchlichter) February 13, 2024
This basically guarantees that the Supreme Court will take the case and overturn it https://t.co/2ZBDkSRiZh
Laurence Tribe was on MSBNC yesterday insisting SCOTUS would dismiss Trump's appeal today. I guess he didn't toobin hard enough. https://t.co/wAPNMJousr
— Varad Mehta (@varadmehta) February 13, 2024
The replies to Cheney’s post are so creepy. These people worship Jack Smith.
— BenjiCarver (@CarverBenji) February 13, 2024
Mueller to Avenatti to Smith.
— Varad Mehta (@varadmehta) February 13, 2024
Remember the Krassensteins' picture book that ended with Robert Mueller in a Superman costume? How'd that work out?
ABC News reports:
A day after former President Donald Trump filed an emergency application with the U.S. Supreme Court asking the justices to stay last week's appeals court decision that rejected his claim of absolute immunity from prosecution in special counsel Jack Smith's election interference case, the court on Tuesday asked the special counsel to respond within a week.
The Supreme Court asked for the special counsel to file his response by the afternoon of Feb. 20.
After that filing, Trump's legal team will get a chance to file a reply, after which the court can act on Trump's request at any time, at its discretion.
Trump, who in August pleaded not guilty to charges of undertaking a "criminal scheme" to overturn the results of the 2020 election, is seeking the dismissal of the case on the grounds that he has "absolute immunity" from prosecution for actions taken while serving in the nation's highest office.
Special Counsel Jack Smith has some homework.
SCOTUS needs to stay far away from this.
— Art Candee 🍿🥤 (@ArtCandee) February 13, 2024
SCOTUS is on thin ice.
— Steves Newsy Facts (@_IAmCrypto) February 13, 2024
Roberts is a hack to even be considering it.
— 2n5486 (@2n5486) February 13, 2024
My God!! The fact that they would even agree to hear the total immunity of TFG is unfathomable!!! 🤬
— Julie Williamson (@Jules19531) February 13, 2024
I can't believe they are even doing this.
— Ruth🟧 (@BoughRuth) February 13, 2024
Yes, we learned in the replies that you can buy a "Jack Smith Fan Club" coffee mug.
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