Experts say the immunity ruling may have doomed Trump’s Supreme Court appeal to failure
Federal Court of Appeal Unanimous rejection Legal experts say former President Donald Trump’s immunity request has laid the groundwork to support it if it is appealed to the Supreme Court. A three-judge panel of the U.S. Circuit Court of Appeals in Washington, D.C., on Tuesday issued a ruling 57-page opinion Finding that Trump does not have comprehensive protection from prosecution for all acts he committed while in office. The opinion came four weeks after the circuit court heard the case in early January, and Trump is expected to appeal the ruling to the Supreme Court.
“There has been a lot of speculation about whether the four-week delay means there is some division among the justices,” said Randall Eliason, a law professor at George Washington University. He wrote on X/Twitter. “But this opinion per Curiam (joined by all three, with no judge identified as the author) represents a unified property that offers the best chance of being quickly upheld.”
The D.C. Circuit’s decision is “not surprising,” according to former federal prosecutor Renato Mariotti, who… male The “somewhat ridiculous arguments” made by the Trump team in the appeal. Mariotti added: “I would not be surprised if the Supreme Court declines to consider this case and lets this ruling stand.”
Former US Attorney Harry Litman noted that the appeals court gave Trump until February 12 to seek an extension of the temporary stay in his proceedings in the capital. “That’s too fast and puts him in a box of having to find accommodation before then,” Litman said chirp. “Given the accuracy and unanimity of the opinion, we will only lose about six weeks if the Supreme Court rejects the stay request, which we should look to do by around February 19. If it accepts the case, the mandate will not return to Chutkan until early July.” he added.
The appeals court’s decision leaves the Supreme Court with two options for further addressing the issue of Trump’s immunity, said Steve Vladeck, a law professor at the University of Texas. The Supreme Court could either deny the former president’s would-be request to stay proceedings in the federal election interference case and “clear the way for the prosecution to move forward quickly; or it could grant the stay — and expedite a review of the merits of today’s ruling, with a decision by June,” Vladeck said. to explain. He said he expects the court to rule on the stay request by late next week or early the week of February 19.
“(We) should know *a lot* more about the timing of the next steps sometime in the next couple of weeks.” to publish, addition“And for those wondering if Trump can order a comprehensive review, he technically can, but it won’t help keep the lower court proceedings pending. The only way to do that is to go to #SCOTUS by next Monday.”
Former acting Solicitor General Neil Katyal predicted that the Supreme Court would not consider Trump’s appeal.
“Of course, anything can happen and it takes a vote of 4 of the 9 justices to hear the case.” he wrote. “But Trump’s argument is so weak and the appeals court’s decision is so comprehensive and well-executed, I can see SCOTUS voting not to listen to it.”
(tags for translation)Supreme Court