DC Appellate Court Rejects Trump’s Claims of Immunity from Prosecution

Contact Your Elected Officials

As expected, a three-judge panel as affirmed Judge Tanya Chutkan’s historic decision that concluded a president is subject to criminal prosecution. The full opinion posted here.

I am in Washington for meetings and to attend oral arguments at the Supreme Court on Thursday morning related to the Colorado Supreme Court ruling that removed Trump from the ballot, so unfortunately I donโ€™t have time right now to provide a deep analysis of todayโ€™s landmark opinion on Trumpโ€™s immunity claims.

But I wanted to at least share the decision with you.

You can find the full opinion here:

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208593677.0.pdf

The order was issued โ€œper curiam,โ€ which means the three judges agreed and no one technically authored the mandate. The decision represents an expected win for Chutkan and Special Counsel Jack Smith; last week, Chutkan officially vacated the March 4 trial date as the appellate court continued deliberations.

What Next?

So, the big question now isโ€”what happens next? The appellate court took the additional step of requiring Trumpโ€™s lawyers to file a โ€œstayโ€ applicationโ€”a request to put the appellate mandate on hold indefinitelyโ€”at SCOTUS before February 13; until then, the order is on hold by the appellate court until Trump files the application. (I KNOW THIS IS CONFUSING!)

But the court warned that if Trump instead exercised his option of seeking โ€œen bancโ€ review by the appellate courtโ€”meaning all judges would hear his appealโ€”the temporary hold on the proceedings will be lifted and Chutkan can restart the pretrial schedule.

Given the Democratic composition of the full D.C. Circuit court, it makes little sense for Trump to pursue that relief. And since the panel gave Trump an ultimatumโ€”go to SCOTUS or elseโ€”his lawyers basically have no other option.

If Trump files the stay application on Mondayโ€”keep in mind his lawyers will be before SCOTUS on February 9 pleading for a reversal of the Colorado mandateโ€”the court has quite a few alternatives on how to proceed.

By Julie Kelly

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