MAJOR AP UPDATE (February 6) to the below original post. Also, from most other major media outlets:
This AP headline:
“Trump is not immune from prosecution in his 2020 election interference case, U.S. appeals court says”
Original Post Below:
The article below is most-concerning and rightly so from SALON with their headline below, and with more related from NEWSWEEK here and here on the same subject:
“Legal experts worried DC appeal delay could mean Trump is losing that
battle but winning the war”
Legal observers are getting restless awaiting a D.C. Circuit
Court of Appeals ruling on Trump’s immunity claim in the D.C. election subversion
case.
This short video explains the delays that Trump seeks:
Proceedings in the case have been paused indefinitely for
more than 50 days after Trump appealed U.S. District Judge Tanya Chutkan’s
ruling rejecting his claim that presidential immunity protects him from
prosecution for actions while in office. Now, the three-judge D.C. Circuit
panel heard the appeal three weeks ago but has yet to issue
a ruling. Any ruling is expected to be appealed to the Supreme Court.
The heart of this issue is stated by Politico’s Kyle Cheney and Josh
Gerstein who wrote: “Even if Trump’s immunity claim is rejected, 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.”
Judge Chutkan scheduled the trial for March 4 but suggested that the case is likely to be delayed in a recent order barring special counsel Smith from filing substantive motions in the case until the appeal is resolved.
If the D.C. Circuit & then the Supreme Court take additional weeks or months to deliver a final ruling, it could push Trump’s trial to the summer or fall.
That is what Trump and his allies want: “To exert intense pressure to postpone the trial until after the 2024 election.”
Daniel Richman, a
Columbia University law professor, told Politico: “The timing of a decision by the panel
will indeed be a critical determinant of whether the case can go forward
expeditiously. Trump’s immunity claim is outlandish and is likely to be
rejected but quite a few stars would have to align before the trial can
proceed.”
The delay talk has
alarmed some legal experts:
Like former federal
prosecutor Andrew Weissmann, who served on special counsel Bob Mueller’s
team, and who wrote that he and his podcast co-host Mary McCord, a
Georgetown law professor and former DOJ official said: “We are worried that
the D.C. immunity appeal could result in Trump losing that battle but winning
the war, by avoiding a trial before the election.”
MSNBC legal analyst
Lisa Rubin (video above) suggested that there may be some disagreement among the three
appellate judges about what to do with the case, saying in the video clip above:
“My guess is these three judges have a general agreement between them that
Donald Trump should not be immune from prosecution in the federal election
interference case. How they get there, on the other hand, is a different
matter. And in the ideal world, all three of them would like to be in total
agreement. They'd like to issue what's called a per curiam agreement, where all
three of them get to sign on, but of course, there are many different paths to
getting there.”
On that court, Judge Karen
Henderson, a George H.W. Bush appointee, expressed opposition to taking up the case on an
expedited basis and she suggested the case could be sent back to the trial
court for more analysis of whether Trump’s actions could be considered official
acts.
Rubin explained: “One judge suggested during an argument that what really matters to her is the allegations against Trump are ones that affect his duties, or that affect him in the campaign capacity, and suggested almost that you really had to parse the indictment. That would be the worst of all worlds, because that can mean sending the case back to Judge Chutkan to determine which aspects of the indictment are worthy of immunity and which are not. And that could even further elongate case beyond the appellate process. So I think that's behind the scenes, the two judges would like to get there, in an easier way more akin to Judge Chutkan, are really putting some pressure on Judge Henderson to try to get on board and see if they could do something unanimously.”
CNN legal analyst
Elliott Williams, a former federal prosecutor, predicted that the judges are
likely trying to reach a “unanimous decision,” then he added: “Based on the
oral argument they all seem to be in an agreement. They'll probably try to get
a 3-0 opinion and that's bulletproof once that goes to the Supreme Court.”
My 2 Cents: Based the above my view is this and has been all along.
As noted, Trump’s #1 goal
all along is to delay, delay, and delay more and more to win in November and
once back in the White House and then order that his new DOJ order all
indictments pending against him to be closed and tossed out.
Note the above chart and ask
yourself this: “How smart and savvy and up-to-date are the American voters in
tune enough and not tied to Trump so tight that they will insure that he IS NOT
reelected?
In other words how can anyone not see that this man is at all costs doing his best to escape justice for the crimes pending against him just because a certain percentage like him and want him back in the Oval Office?
That is truly astonishing and in
my view, totally un-American by all standards of justice that says: “No one is
above the law” but Trump is out to prove that he is by any means possible.
Thanks for stopping by.
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