The D.C. Circuit Court of Appeals heard arguments on Tuesday over Donald Trump’s claim that he can’t be prosecuted for acts he took while in office. We liveblogged the arguments and Trump’s press conference after, which you can find below.
The case will have significant ramifications on both substantive and procedural grounds. On the argument itself, it’s widely expected that the court will not accept Trump’s argument that the President is not only immune from prosecution while in office, but after departing it. But how quickly the court decides the case may prove just as important: It will help determine when Trump’s D.C. trial on Jan. 6-related charges will take place.
Read our article with takeaways from the arguments here.
Listen to the arguments here:
D.C. Court of Appeals livestream
What to know
- For now, proceedings in the district court are frozen as the D.C. Circuit mulls the immunity question on an extremely accelerated timeline.
- How, and when, the court decides the matter could set the trial back into motion with minimal delay, or, alternatively, potentially with months of added time.
- Biden appointees Michelle Childs and Florence Pan will hear the case, along with George H. W. Bush appointee Karen Henderson.
The D.C. Circuit Court of Appeals heard arguments on Tuesday over Donald Trump’s claim that he can’t be prosecuted for acts he took while in office. We liveblogged the arguments and Trump’s press conference after, which you can find below.
The case will have significant ramifications on both substantive and procedural grounds. On the argument itself, it’s widely expected that the court will not accept Trump’s argument that the President is not only immune from prosecution while in office, but after departing it. But how quickly the court decides the case may prove just as important: It will help determine when Trump’s D.C. trial on Jan. 6-related charges will take place.
What a low foul odour(Brit spelling) emanates from the Former Guy. Human filth. Low life. Scum.(My Mom always said not to say anything if you can’t say something nice. These are my kindest words for Mr. Trump. Don’t get me going on the filth who support him, as I live in Trump country and personally know these ignorant lying racist homophobic anti-semitic piles of crap.)
Ouch. Sorry to hear that. Hopefully the spell will be broken soon.
Let’s see if Trump actually does/says anything other than just show up in the courtroom and scowl balefully at the judges as his lawyers go through their spiels. I dare him to open his yap in the court–but let him see what that gets him.
The only source of immunity for a sitting president is a DoJ memo.
Here is that memo and a logically badly fractured summary by Lawyer Moss…
In 1973, the Department of Justice concluded that the indictment and criminal prosecution of a sitting President would unduly interfere with the ability of the executive branch to perform its constitutionally assigned duties, and would thus violate the constitutional separation of powers. No court has addressed this question directly, but the judicial precedents that bear on the continuing validity of our constitutional analysis are consistent with both the analytic approach taken and the conclusions reached. Our view remains that a sitting President is constitutionally immune from indictment and criminal prosecution.
RANDOLPH D. MOSS Assistant Attorney
General Office of Legal Counsel
… … … … … … …
Now I am no lawyer but to my understanding memos do not have the power of law, just policy.
Conveniently lawyer Moss and his co-workers have ignored the fact that in the Executive Branch there is a Vice-President who can take over if the president is incapacitated in some fashion…legally or medically.