# DC Court of Appeals rules against Trump Immunity, SCOTUS Makes a Different Decision **URL:** \ **Category:** Politics & Elections\ **Tags:** trump\ **Created:** [February 6, 2024, 3:22pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188 "2024-02-06T15:22:03Z")\ **Posts on this page:** 20\ **Page:** 14
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [February 29, 2024, 6:11pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/261 "2024-02-29T18:11:11Z")
Shear numbers do not reassure if they do not act. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [March 2, 2024, 12:58am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/262 "2024-03-02T00:58:45Z")
Liberty is yesterday. _Superiority_ is where it is at and for some to be superior, others must be inferior. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [March 2, 2024, 1:45am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/263 "2024-03-02T01:45:26Z")
> [@Rebo](#): > > As I exited the voting place I exclaimed, “Go Blue!” Electioneering outside a polling place? That’s a paddlin’. ---
**Author:** ![Rebo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rebo/32/13005_2.png) [@Rebo](https://boards.straightdope.com/u/Rebo)\ **Post date:** [March 3, 2024, 6:58pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/264 "2024-03-03T18:58:17Z")
🕶 Lol! ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [March 6, 2024, 8:00pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/265 "2024-03-06T20:00:56Z")
Mark your calendars: > **[US Supreme Court sets April 25 Trump criminal immunity argument](https://news.yahoo.com/us-supreme-court-sets-april-194223993.html)** > > The U.S. Supreme Court has set April 25 as the date it will hear Donald Trump's claim of presidential immunity from prosecution on charges related to his efforts to overturn his 2020 election loss - the last day of oral arguments of its current term.... > The U.S. Supreme Court has set April 25 as the date it will hear Donald Trump’s claim of presidential immunity from prosecution on charges related to his efforts to overturn his 2020 election loss - **the last day of oral arguments of its current term.** [bolding mine] I view that as rather qualified good news. It could have easily been punted until after the election (though a _decision_ still could face lengthy delays). > By law, the U.S. Supreme Court’s term begins on the first Monday in October and goes through the Sunday before the first Monday in October of the following year. The Court is, typically, in recess from late June/early July until the first Monday in October. [**SOURCE**](https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1) ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 21, 2024, 12:37am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/266 "2024-03-21T00:37:22Z")
Trump’s lawyers apparently thought they found a killer quote from Brent Kavanaugh in a law journal, prior to his appointment: > [@](#): > > Trump’s brief cited an old law review article in which Kavanaugh wrote that “a President who is concerned about an ongoing criminal investigation is almost inevitably going to do a worse job as President.” “That’s gold, Jerry, gold!” Well except if you read farther down in the article, where Kavanaugh doesn’t suggest that means presidential immunity: > [@](#): > > “The point is not to put the President above the law or to eliminate checks on the President, but simply to defer litigation and investigations until the President is out of office,” Kavanaugh wrote. Note to para-legals: read the entire article before citing it in your research brief for the senior partner. > **[“Holy backfire”: Expert says SCOTUS filing misciting Brett Kavanaugh could...](https://news.yahoo.com/holy-backfire-expert-says-scotus-135132104.html)** > > "It actually might turn him off," NYU Prof. Ryan Goodman says after Trump misstates Kavanaugh's views. ---
**Author:** ![Love\_Rhombus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/love_rhombus/32/10694_2.png) [@Love\_Rhombus](https://boards.straightdope.com/u/Love_Rhombus)\ **Post date:** [March 21, 2024, 9:04am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/267 "2024-03-21T09:04:34Z")
Maybe if they send him a case of beer. I understand he likes beer. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [March 28, 2024, 1:13am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/268 "2024-03-28T01:13:11Z")
Okay, this is interesting to me. Trump sued Gov. Kemp in Georgia during the 2020 fiasco, trying to decertify the election. This footnote in the Eastman disbarment order today stood out to me. I think it undercuts his “acting in his official capacity and therefore deserves immunity” argument. > The verification stated: “Personally appeared before me, a Notary Public, duly authorized by law to administer oaths, **President Donald J. Trump, solely in his capacity as a candidate for President of the United States** , who on oath says he has reviewed the Verified Complaint for Emergency Injunctive and Declaratory Relief and with regard to the facts contained therein, states that to the best of his knowledge and belief, and relying on the representations contained therein, the facts are true and correct where derived from his own knowledge and are believed to be true and correct where derived from the knowledge of others or from documents that are maintained in the course of business or are public records.” page 26, fn 40.[edited] > **[SBC-23-O-30029 - Decision - Trial](https://www.documentcloud.org/documents/24521265-sbc-23-o-30029-decision-trial)** ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [March 28, 2024, 1:15am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/269 "2024-03-28T01:15:25Z")
Fascinating. I assume Mr Smith has this. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [March 28, 2024, 1:19am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/270 "2024-03-28T01:19:26Z")
> [@Procrustus](#): > > page 26, fn 44 \*fn40 (fixed) ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [March 28, 2024, 1:29pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/271 "2024-03-28T13:29:55Z")
Wow. Wonderful find. God bless the word “solely”. I’m thinking the other election related cases Trump filed likely required verified complaints. Wonder what capacity Trump was using to verify those allegations, or if it’s even mentioned so clearly as it is here. ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [April 9, 2024, 12:32am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/272 "2024-04-09T00:32:52Z")
You can probably come up with a score of members of any large population to represent and speak vehemently on virtually _any_ position, but … > **[Trump immunity bid opposed by 19 top former defense officials in brief filed...](https://www.stripes.com/theaters/us/2024-04-08/military-leaders-supreme-court-trump-immunity-13513330.html)** > > Nineteen retired generals, admirals and former top civilian defense officials have filed a brief with the U.S. Supreme Court opposing former President Donald Trump’s bid for immunity from prosecution. > [@](#): > > Nineteen retired generals, admirals and former top civilian defense officials have filed a brief with the U.S. Supreme Court opposing former President Donald Trump’s bid for immunity from prosecution. > > “We risk jeopardizing America’s standing as a guardian of democracy in the world and further feeding the spread of authoritarianism, thereby threatening the national security of the United States and democracies around the world,” the group wrote. > > The 38-page amicus brief includes officials from Democratic and Republican administrations dating back to former President John F. Kennedy, as well as four-star generals from the Army, Air Force and Marines, and Navy and Coast Guard admirals. It _ain’t_ nothin’… ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [April 9, 2024, 6:36pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/273 "2024-04-09T18:36:07Z")
for those who would like to read fillings, here is a link to the immunity case at the supreme court. [Docket for 23-939 (supremecourt.gov)](https://www.supremecourt.gov/docket/docketfiles/html/public/23-939.html) ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [July 1, 2024, 3:15pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/274 "2024-07-01T15:15:55Z")
Corrupt GOP SCOTUS gives Trump immunity for “official acts”, and says that you can’t examine motive when a President is acting under an explicit Constitutional authority, which would include the Commander in Chief clause. So, basically, a president can’t be prosecuted for ordering Seal Team Six to kill his political rival. [https://talkingpointsmemo.com/news/supreme-court-trump-immunity-jan-6-prosecution](https://talkingpointsmemo.com/news/supreme-court-trump-immunity-jan-6-prosecution) ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [July 1, 2024, 3:19pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/275 "2024-07-01T15:19:33Z")
> [@iiandyiiii](#): > > Corrupt GOP SCOTUS gives Trump immunity for “official acts”, and says that you can’t examine motive when a President is acting under an explicit Constitutional authority, which would include the Commander in Chief clause. That seems like good news for Biden. Looks like he can just do whatever he wants with Trump. ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [July 1, 2024, 3:34pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/276 "2024-07-01T15:34:09Z")
> [@iiandyiiii](#): > > Corrupt GOP SCOTUS gives Trump immunity for “official acts”, and says that you can’t examine motive when a President is acting under an explicit Constitutional authority, which would include the Commander in Chief clause. So, basically, a president can’t be prosecuted for ordering Seal Team Six to kill his political rival. I don’t think this is correct. In all charges of the indictment (other than official communications with the AG about what crimes to investigate) the immunity question was remanded to the District Court to determine if (a) they fell within the presumptive immunity of official acts and (b) if that presumptive immunity was overcome for the specific facts of this case. Definitely a win for Trump in delaying the case, and allowing some form of immunity for many official acts, but not an absolute one. ETA: I would assume that the District Court will find that Trump is not immune for most of the charges and that for those where SCOTUS said he is immune that the Government has reached the burden of proving that the immunity is overcome by the facts. But of course that ruling will be appealed back to SCOTUS at some point - likely well after November, if Trump doesn’t win and kill it first. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [July 1, 2024, 3:48pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/277 "2024-07-01T15:48:39Z")
IANAL – the Seal Team Six stuff came from this tweet: > ---
**Author:** ![dasmoocher](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@dasmoocher](https://boards.straightdope.com/u/dasmoocher)\ **Post date:** [July 1, 2024, 3:50pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/278 "2024-07-01T15:50:53Z")
The President deploying SEAL Team Six isn’t a regular occuring, even if official, duty. But what about appointing DOJ officials and ambassadors? Could the candidate bribe the President for an appointment, and since appointments are official duties, could the President freely take the bribe with immunity? ---
**Author:** ![MulderMuffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldermuffin/32/2862_2.png) [@MulderMuffin](https://boards.straightdope.com/u/MulderMuffin)\ **Post date:** [July 1, 2024, 3:53pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/279 "2024-07-01T15:53:05Z")
> [@dasmoocher](#): > > Could the candidate bribe the President for an appointment, and since appointments are official duties, could the President freely take the bribe with immunity? According to the Supreme Court, absolutely. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [July 1, 2024, 3:54pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/280 "2024-07-01T15:54:08Z")
Also, it’s not just random Twitter lawyer who thinks so, also Justice Sotomayor (from her dissent, bolding mine): > [@](#): > > The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. **Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune.** Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune. Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. > > Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law. [Previous page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=13) [Next page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=15)