Harry Litman: 'FASCINATING TURN OF EVENTS in Donald Trump's Appeal'

Source:Harry Litman- Defendant Don.

"A nonprofit watchdog organizaion, American Oversight, filed an amicus brief arguing that the DC Court of Appeals does not have jurisdiction to take up Trump's immunity appeal. Instead, the lawyers argue, the immunity question should be sent back to Judge Chutkan." 

From Harry Litman

"Represented by Arnold & Porter, American Oversight argues that the D.C. Circuit lacks jurisdiction to hear Trump’s appeal and should send the case back to the district court for trial without further delay. Neither the special counsel nor Trump, nor anyone previously, has raised this issue.

Statement from American Oversight Executive Director Heather Sawyer:

“Trump’s goal is to delay the trial until after the 2024 presidential election under the theory that if he wins the presidency, he may never be held accountable for his effort to overturn the 2020 election. This is a perfect example of the adage ‘justice delayed is justice denied.’ The American people should have the benefit of a jury verdict on Trump’s guilt before they choose the next president of the United States.”

As the American Oversight amicus brief argues, Supreme Court precedent prohibits a criminal defendant from immediately appealing an order denying immunity unless the claimed immunity is based on “an explicit statutory or constitutional guarantee that trial will not occur.” Trump’s claims of immunity rests on no such explicit guarantee. Therefore, given that Trump has not been convicted or sentenced, his appeal is premature. The D.C. Circuit lacks appellate jurisdiction and should dismiss the appeal and return the case to district court for trial promptly.

Arnold & Porter partner Stanton Jones stated: “The law is clear: Mr. Trump cannot appeal his immunity defenses until after he is tried and convicted. He should not be allowed to use an improper appeal to delay the scheduled March trial.”

On Dec. 23, Trump filed a brief in the appellate court asking that the charges against him be dismissed on the grounds that he is immune from prosecution. The Department of Justice’s opposition is due on Saturday, Dec. 30, and Trump’s reply is due on Jan. 2. Oral argument is scheduled for Jan. 9." 

From American Oversight

"A district court order denying a defendant's motion to dismiss an indictment for an alleged violation of Federal Rule of Criminal Procedure 6(e), which prohibits public disclosure by Government attorneys of matters occurring before a grand jury, is not immediately appealable under 28 U. S. C. § 1291. Since petitioners have not yet been sentenced, the District Court's order is not a final judgment ending the litigation on the merits." 

From Supreme Justia

When I first heard about this, I was thinking as a non-lawyer that this would just add to the delay of the Trump trial in Washington Federal Circuit Court, because I'm thinking now the appeals court would not only have to deal with Donald Trump's claim of presidential immunity, but have to deal with this amicus brief first. 

But you listen to Harry Litman, he says that the appeals court would take this first and then rule on that and if American Oversight wins, the case goes back to Judge Tanya Chutkan's circuit court in Washington and that trial gets back on track. And of course if Donald Trump loses on this as well, his lawyers would of course appeal that to the appeals court, but as they're doing that, Judge Chutkan's case would continue to move forward and the stay would end at that point. 

And then Trump would have to win on the amicus brief appeal, before the stay would come back. But American Oversight apparently has the case and precedent that you need to win their case.

So Donald Trump's game of delay, stonewall, and obstruct, could be ending this month, with his case Washington case getting back on course and perhaps that trial starting in late March. 

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