Trump is not immune from prosecution in his 2020 election interference case, US appeals court says

[mystery-ak]

 Trump is not immune from prosecution in his 2020 election interference case, US appeals court says
By Associated Press   
Published Feb. 6, 2024, 10:17 a.m. ET


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 US Capitol. But it also sets the stage for additional appeals from the Republican ex-president that could reach the US 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 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.

The Supreme Court has held that presidents are immune from civil liability for official acts, and Trump’s lawyers have argued for months that that protection should be extended to criminal prosecution as well.

more
https://nypost.com/2024/02/06/news/trump-is-not-immune-from-prosecution-in-his-2020-election-interference-case-us-appeals-court-says/?utm_campaign=nypost&utm_source=twitter&utm_medium=social

[cato potatoe]

Why the constant delays?  Doesn't Trump want to be exonerated before the election?   

[libertybele]

Why the constant delays?  Doesn't Trump want to be exonerated before the election?   

I doubt he will be --- who gets his delegates?? I'm assuming Haley since I see her not suspending her campaign.

[cato potatoe]

I doubt he will be --- who gets his delegates?? I'm assuming Haley since I see her not suspending her campaign.

He would never release them even if he were convicted.  If a conviction takes place after the convention, the party is stuck with a felon as standard bearer. 

I think JD Vance's ABC interview was a pretty good indicator the party will try to delegitimize any juries who find him guilty or otherwise liable for damages. 

[libertybele]

He would never release them even if he were convicted.  If a conviction takes place after the convention, the party is stuck with a felon as standard bearer. 

I think JD Vance's ABC interview was a pretty good indicator the party will try to delegitimize any juries who find him guilty or otherwise liable for damages.

Two words come to mind; Banana Republic.

[240B]

Why the constant delays?  Doesn't Trump want to be exonerated before the election?   

This is just another meaningless delay. Trump's team will appeal all the way to SCOTUS.

[DefiantMassRINO]

 

The theme of the 2024 GOP Convention will be BEDLAM,
if it even meets since Trump is dissolving the RNC
and leeching upon its donors. 

[Timber Rattler]

I doubt he will be --- who gets his delegates?? I'm assuming Haley since I see her not suspending her campaign.

Yeah, but I suspect there is a smoky backroom plan to shoehorn DeSantis in at the convention if Trump bogs down in court or is actually convicted before then.

A shadow campaign: Is Ron DeSantis poised to step in if Donald Trump implodes?

https://www.usatoday.com/story/news/politics/elections/2024/01/31/ron-desantis-shadow-campaign-donald-trump/72426468007/

[mystery-ak]

Ryan Fournier
@RyanAFournier
·
5m
BREAKING: Reps Elise Stefanik and Matt Gaetz propose bill to declare that President Donald J. Trump did NOT commit an insurrection.

[DefiantMassRINO]

These two are giving weasels a bad name.

Ryan Fournier
@RyanAFournier
·
5m
BREAKING: Reps Elise Stefanik and Matt Gaetz propose bill to declare that President Donald J. Trump did NOT commit an insurrection.

 

Will they also propose a bill to declare that the sky is orange?

[deb]

Ryan Fournier
@RyanAFournier
·
5m
BREAKING: Reps Elise Stefanik and Matt Gaetz propose bill to declare that President Donald J. Trump did NOT commit an insurrection.

Oh good grief. 

[libertybele]

Oh good grief. 

I  second that!

[mystery-ak]

https://twitter.com/JonathanTurley/status/1754897616746275297

...Crunching the numbers, Trump can seek corrections in the short term but, even without a correction to the opinion, he has 45 days to seek an en banc where the government is a party.  He then has 90 days after the rejected of any en banc decision. ...

..So, even without factoring in review time for the circuit, Trump could extend this process 135 days absent a successful move to expedite. The 90 day period alone would put a petition into May. Any rejection of appeals, without an expedited calendar,  puts this into the summer...

..That is without delays or a successful grant on by the D.C. Circuit (unlikely) or the Supreme Court (uncertain). After that appellate line is tied off, the parties would have to return to the trial court to resume the pre-trial work, which could take months. That puts the trial very close to the election and would raise obvious concerns given the long-standing DOJ policy to avoid trials with a few months of an election.

...While Smith will likely try again to expedite, the question is why the Supreme Court would suddenly see a need to curtail the time or process when it previously denied such efforts. There is no longer a scheduled trial on the docket and Smith is the prevailing party. That is not ideal for a motion to expedite further appeals.

...Notably, in a footnote at the end of the decision, the panel declines look at the merits of the threshold challenge that "the appointment of Special Counsel Smith is invalid because (1) no statute authorizes the position Smith occupies and (2) the Special Counsel is a principal officer who must be nominated by the President and confirmed by the Senate."

[mystery-ak]

BREAKING: Appeals Court Stacked with Biden Judges Denies Trump Immunity in Jack Smith’s DC Case – President Trump Responds
by Cristina Laila Feb. 6, 2024 9:45 am

A federal appeals court stacked with Biden judges on Tuesday denied Trump immunity in Special Counsel Jack Smith’s January 6 DC case.

Trump is expected to speedily ask the US Supreme Court to overturn the decision by the DC Circuit Court of Appeals.

In the meantime, the March 4 trial date for Jack Smith’s DC case has been postponed.

The three-judge panel for the DC Circuit Court of Appeals ruled on Trump immunity claims: Florence Pan (Biden appointee), Michelle Childs (Biden appointee), and Karen Henderson (George W. Bush appointee).

“We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed,” the three-judge panel wrote.

“We conclude that ‘concerns of public policy, especially as illuminated by our history and the structure of our government’ compel the rejection of his claim of immunity in this case,” they wrote.

more
https://www.thegatewaypundit.com/2024/02/breaking-appeals-court-denies-trump-immunity-jack-smiths/

[libertybele]

It's headed for SCOTUS for an appeal.

https://www.gopbriefingroom.com/index.php/topic,523793.0.html