signalmankenneth
Verified User
What in the hell is this three judge panel on Trump's immunity waiting on, either Trump has total immunity or not?!! I want to see Jack Smith's trial on the obstruction case get underway?!! I blame that sniveling Garland for slowing these cases against Trump?!! Jack Smith should have been on these cases two years ago?!! If Trump walks on these Jack Smith cases. Garland is to blame?!!
Whether Donald Trump faces a potential prison sentence in 2024 is at the mercy of a federal appeals court that’s operating on its own schedule — at a time when every day matters.
More than 50 days have elapsed since Trump’s criminal proceedings in a Washington, D.C., trial court — on charges for attempting to subvert the 2020 election — were paused indefinitely. They won’t resume until the D.C. Circuit Court of Appeals and, most likely, the Supreme Court resolve the question hanging over the entire case: whether Trump, as a former president, is immune from criminal prosecution.
Even if those courts ultimately reject Trump’s immunity arguments — an outcome that most legal experts expect — the protracted delays help the former president, whose strategy across his various trials has been to drag them out for as long as possible. Lengthy delays in his federal criminal cases create the possibility that, if he wins the presidency this November, Trump could avoid the charges altogether by having the Justice Department end the prosecutions or perhaps even by pardoning himself.
U.S. District Judge Tanya Chutkan, who is overseeing Trump’s federal election case, has tried to keep it on an expeditious track, and the trial is officially slated to begin on March 4. Chutkan, though, has strongly suggested she’ll push back that start date to account for each day of delay caused by Trump’s immunity appeal.
Even if the appeal were resolved this week against Trump, that calculation would put his earliest trial date in late April. But if the D.C. Circuit and the Supreme Court take additional weeks or months to deliver a final ruling, the opening days of Trump’s trial could be pushed to the summer or fall.
If, at that point, Trump retains his grip on the 2024 GOP presidential nomination, he and his allies are certain to exert intense pressure to postpone the trial until after the election. Chutkan, an Obama appointee, could plow forward with a trial anyway — and she’s repeatedly indicated that the campaign calendar has no bearing on her own.
But doing so would require Trump to sit in a courtroom for weeks during the heart of the campaign. Trump has already used his crowded legal calendar as a campaign cudgel to raise funds and rally supporters by claiming to be the victim of political prosecutions and lawsuits.
For now, the timing of the case remains in the hands of a three-judge panel of the D.C. Circuit, which heard arguments on the immunity issue on Jan. 8. That reality has placed immense power in the hands of a few judges guided by opaque internal procedures, seniority and norms of collegiality that make reliable prediction impossible.
Many legal experts had expected the D.C. Circuit panel to rule quickly after the arguments, perhaps within a few days. But for more than three weeks, the court has been silent. There’s no required deadline for a ruling.
“The timing of a decision by the panel will indeed be a critical determinant of whether the case can go forward expeditiously,” said Daniel Richman, a Columbia University law professor.
Richman said Trump’s arguments for immunity were so “outlandish” that the appeals court should have little trouble rejecting them. But he said the court must take its time to issue a careful ruling because of the certainty Trump will keep pressing his immunity claim.
“Quite a few stars would have to align before the trial can proceed,” Richman said.
If those stars do align, the timing will be crucial. Special counsel Jack Smith has estimated that his case would take nearly two months to present, and Trump is almost certain to present a defense that could add additional weeks to the timeline. That raises the prospect of Trump being required to spend the duration of the Republican National Convention — or even Election Day itself — in a courtroom.
Or, if the Supreme Court agrees to hear Trump’s bid for immunity but won’t take up his appeal on an emergency basis, the trial could remain on hold until after the election. And if Trump wins, he would be virtually certain to shut down the case.
The three-judge D.C. Circuit panel initially appeared to be moving swiftly: It took up the matter on an emergency basis in December and held oral arguments a few weeks later, a lightning-quick schedule for the typically plodding court.
The judges seemed poised to reject Trump’s sweeping immunity claim at the time. But the precise contours of their ruling were less obvious, and it’s possible the judges could splinter over the details, further delaying the ruling.
The urgency of ruling to the prosecution has drawn unusual scrutiny of the internal machinations of the appeals court, such as whether a single judge — perhaps Karen Henderson, an appointee of President George H.W. Bush — could prevent the ruling from coming out quickly, even if the panel’s other two judges — Florence Pan and Michelle Childs, appointed by President Joe Biden — are ready to rule.
https://www.yahoo.com/news/judges-mull-presidential-immunity-trump-100000237.html
Whether Donald Trump faces a potential prison sentence in 2024 is at the mercy of a federal appeals court that’s operating on its own schedule — at a time when every day matters.
More than 50 days have elapsed since Trump’s criminal proceedings in a Washington, D.C., trial court — on charges for attempting to subvert the 2020 election — were paused indefinitely. They won’t resume until the D.C. Circuit Court of Appeals and, most likely, the Supreme Court resolve the question hanging over the entire case: whether Trump, as a former president, is immune from criminal prosecution.
Even if those courts ultimately reject Trump’s immunity arguments — an outcome that most legal experts expect — the protracted delays help the former president, whose strategy across his various trials has been to drag them out for as long as possible. Lengthy delays in his federal criminal cases create the possibility that, if he wins the presidency this November, Trump could avoid the charges altogether by having the Justice Department end the prosecutions or perhaps even by pardoning himself.
U.S. District Judge Tanya Chutkan, who is overseeing Trump’s federal election case, has tried to keep it on an expeditious track, and the trial is officially slated to begin on March 4. Chutkan, though, has strongly suggested she’ll push back that start date to account for each day of delay caused by Trump’s immunity appeal.
Even if the appeal were resolved this week against Trump, that calculation would put his earliest trial date in late April. But if the D.C. Circuit and the Supreme Court take additional weeks or months to deliver a final ruling, the opening days of Trump’s trial could be pushed to the summer or fall.
If, at that point, Trump retains his grip on the 2024 GOP presidential nomination, he and his allies are certain to exert intense pressure to postpone the trial until after the election. Chutkan, an Obama appointee, could plow forward with a trial anyway — and she’s repeatedly indicated that the campaign calendar has no bearing on her own.
But doing so would require Trump to sit in a courtroom for weeks during the heart of the campaign. Trump has already used his crowded legal calendar as a campaign cudgel to raise funds and rally supporters by claiming to be the victim of political prosecutions and lawsuits.
For now, the timing of the case remains in the hands of a three-judge panel of the D.C. Circuit, which heard arguments on the immunity issue on Jan. 8. That reality has placed immense power in the hands of a few judges guided by opaque internal procedures, seniority and norms of collegiality that make reliable prediction impossible.
Many legal experts had expected the D.C. Circuit panel to rule quickly after the arguments, perhaps within a few days. But for more than three weeks, the court has been silent. There’s no required deadline for a ruling.
“The timing of a decision by the panel will indeed be a critical determinant of whether the case can go forward expeditiously,” said Daniel Richman, a Columbia University law professor.
Richman said Trump’s arguments for immunity were so “outlandish” that the appeals court should have little trouble rejecting them. But he said the court must take its time to issue a careful ruling because of the certainty Trump will keep pressing his immunity claim.
“Quite a few stars would have to align before the trial can proceed,” Richman said.
If those stars do align, the timing will be crucial. Special counsel Jack Smith has estimated that his case would take nearly two months to present, and Trump is almost certain to present a defense that could add additional weeks to the timeline. That raises the prospect of Trump being required to spend the duration of the Republican National Convention — or even Election Day itself — in a courtroom.
Or, if the Supreme Court agrees to hear Trump’s bid for immunity but won’t take up his appeal on an emergency basis, the trial could remain on hold until after the election. And if Trump wins, he would be virtually certain to shut down the case.
The three-judge D.C. Circuit panel initially appeared to be moving swiftly: It took up the matter on an emergency basis in December and held oral arguments a few weeks later, a lightning-quick schedule for the typically plodding court.
The judges seemed poised to reject Trump’s sweeping immunity claim at the time. But the precise contours of their ruling were less obvious, and it’s possible the judges could splinter over the details, further delaying the ruling.
The urgency of ruling to the prosecution has drawn unusual scrutiny of the internal machinations of the appeals court, such as whether a single judge — perhaps Karen Henderson, an appointee of President George H.W. Bush — could prevent the ruling from coming out quickly, even if the panel’s other two judges — Florence Pan and Michelle Childs, appointed by President Joe Biden — are ready to rule.
https://www.yahoo.com/news/judges-mull-presidential-immunity-trump-100000237.html
