The Witch-Hunt is never ending. The forces of the Deep State target the one man who threatens their power
Former President Donald Trump and his legal team have officially submitted their opening brief to the U.S. District Court of Appeals for the District of Columbia, complying with a court order to challenge the Department of Justice’s (DOJ) case accusing him of orchestrating efforts to overturn the 2020 election based on claims of presidential immunity.
Donald Trump is innocent and even they know it. Everything these people do to him makes him more popular, there is only one thing that they can do to stop him now. We all know what that is. We must protect Donald Trump- Right Angle News Network
The appeals court, which previously agreed to expedite the case, granted appellants until December 23 to present their opening arguments. This move follows the U.S. Supreme Court’s decision on December 22 to reject the fast-tracking of the DOJ’s case against Trump. DOJ special counsel Jack Smith had sought an expedited timeline, aiming for a March 4 trial deadline. The defense countered, contending that fast-tracking was unnecessary and accused the special counsel of attempting to influence President Joe Biden’s political messaging ahead of Super Tuesday primary elections.
Constitutional scholar Alina Habba is asked to explain presidential immunity. She says Trump should be immune from prosecution because he was just “protecting our elections” which is his duty as president. He was doing it for us. pic.twitter.com/KDbbsEP2wR
— Ron Filipkowski (@RonFilipkowski) December 17, 2023
Emphasizing the importance of the March 4 trial date, which the prosecution has highlighted, the defense questioned its significance. Following the Supreme Court’s ruling, the appeals court is now poised to address Trump’s challenge.
"This is a win for the former president, no question about it."
Judge Andrew Napolitano analyzes the Supreme Court decision to reject Special Counsel Jack Smith's request for an expedited review of Donald Trump's presidential immunity. @Judgenap @JennPellegrino pic.twitter.com/00RSl0sglg
— NEWSMAX (@NEWSMAX) December 22, 2023
The outcome of this appeal holds the key to the strength of the DOJ’s case against Trump and will impact the timeline for this politically charged trial. If the trial proceeds, Trump would be obligated to appear in a Washington district court on a daily basis for two to three months, potentially hampering his presidential campaign by restricting his movements to the courthouse steps.
Citing a 1982 Supreme Court opinion that established absolute immunity for presidents in civil suits, both parties argue about the undefined boundaries of immunity in criminal prosecutions. The defense contends in its appeal that the historical reluctance to criminally prosecute a president for official acts suggests the absence of such power. Trump’s attorney, D. John Sauer, stated, “Under our system of separated powers, the judicial branch cannot sit in judgment over a president’s official acts,” underscoring the need to prevent false accusations that could undermine the democratic electoral process.
Trump says he is entitled to immunity from his crimes because he was just conducting an investigation as part of his presidential duties. pic.twitter.com/Z3VQbSelAh
— Ron Filipkowski (@RonFilipkowski) December 24, 2023
In contrast, U.S. District Court Judge Tanya Chutkan ruled in early December that a former president can face criminal prosecution for official acts committed in office.
The case will be heard by Judges Karen L. Henderson, Florence Y. Pan, and J. Michelle Childs, appointed by Presidents George H.W. Bush and Joe Biden, respectively. The prosecution has until December 30 to submit its reply filing, with oral arguments scheduled for January 9.
BREAKING🚨: Former President Trump has petitioned federal appeals court to throw out Jack Smith's federal election subversion case in D.C., pleading presidential immunity. pic.twitter.com/IaSAdyboXS
— Officer Lew (@officer_Lew) December 24, 2023
Judge Chutkan temporarily stayed the case on December 13 until Trump’s appeal is heard. Although she intends to adhere to the original schedule, including a March 4 trial, the shortened pretrial schedule may make that difficult.
If the appeals court rules against Trump, he retains the option to seek a rehearing within 45 days and, within 90 days, request a Supreme Court review of the appeals court ruling. In the district court, Trump had also filed three additional motions to dismiss the case on constitutional, statutory, and “vindictive and selective prosecution” grounds.
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Trump’s argument opposing Judge Chutkan’s landmark ruling that presidents are subject to criminal prosecution rests on several factors: historical precedent (never happened before); the fact he was impeached on same charges but not convicted which represent double jeopardy; separation of powers authority; immunity protections for the legislative and judicial branches. No case law exists to support Chutkan, Obama appointee with record of anti-Trump statements in court, unprecedented decision. – Julie Kelly
Given the unprecedented nature of Chutkan’s ruling, it is outrageous that Jack Smith sought a hasty resolution to this question. Comes down to interpretation of Nixon and Clinton era judgements–neither of which compares to what Biden’s DOJ is doing to Trump.
Major Points Discussed:
- Former President Trump and his legal team have submitted an opening brief to the District of Columbia appeals court, challenging the Department of Justice’s case accusing him of plotting to overturn the 2020 election.
- The U.S. Supreme Court rejected fast-tracking the case, leading to a December 23 deadline for Trump’s defense to file their opening arguments in the expedited appeal.
- The defense argues against fast-tracking, claiming it is unnecessary and accusing the DOJ of attempting to influence President Biden’s political messaging ahead of Super Tuesday.
- The appeal centers on the assertion of presidential immunity, with Trump’s attorney emphasizing the historical tradition of not criminally prosecuting a president for official acts.
- The appeals court’s decision will determine the strength of the DOJ’s case and impact the timeline of the politically charged trial, potentially affecting Trump’s presidential campaign if the trial proceeds.
REPORTER: “Should any president be immune from criminal prosecution?” This seems to have been about Trump. BIDEN: “I can’t think of one.”
🇺🇸REPORTER: “Should any president be immune from criminal prosecution?”
This seems to have been about Trump.
BIDEN: “I can’t think of one.” pic.twitter.com/GZs0WmCCnD
— Mario Nawfal (@MarioNawfal) December 24, 2023
Comments – Threads – Links
- Donald Trump was acting within his role as president when he pressed claims about “alleged fraud and irregularity” in the 2020 election, his lawyers told a federal appeals court in arguing that he is immune from prosecution – Newsmax
- Appears the larger question is whether Trump’s post-election conduct falls within “official” duties broadly defined. I mean, it’s absurd to suddenly criminalize what presidents and their staff do every day–get involved in elections–but this would set another precedent. Jack Smith must reply by Dec. 30; Trump responds to that brief by Jan 2. Oral arguments–I am informed by noted Constitutional authority Jenna Ellis that means three judges will hear both sides and ask questions–set for Jan 9. This will be a messy and protracted legal battle–no way March 4 trial date sticks. After declaring being president does not entitle someone to a “get out of jail free pass,” Chutkan then downplayed the obvious slippery slope her decision would initiate. The 4 charges in Smith’s indictment are vague and also largely untested in court–2 are now before SCOTUS. – Julie Kelly
- They brought media to shut his voice They fixed last election And they don’t want him to run in this election. Don’t think we have democracy in our country- AMUSIC
- He’s right. It was his duty to do what he did. It is not wrong to investigate this wrongdoing of election fraud. I stand with President Donald Trump- Delta 87
- this really means that the trial might very well overlap the election timeline at which point trump shuts it down if he is elected. Thus the panic from the left- Mike Leigh Torres
- Literally the Supreme Court is the last court standing that’s not full on corrupt- Tj Kast
- Meanwhile ol Jack has some trouble brewing pointing to the fact he has zero right to be a federal prosecutor. Oops- Z
More….
Blames Trump for J6, makes absurd claim he could’ve granted clemency for people who we not arrested or charged after Jan 20, 2021. DeSantis again refuses to denounce DOJ’s abusive and ongoing prosecution of J6ers to instead indulge Joe and Mika. What a fraud…
DeSantis on Morning Joe criticizes Trump for not pardoning the J6 insurrectionists while he was in office pic.twitter.com/ccB4VTEHYR
— Aaron Rupar (@atrupar) December 18, 2023
