# 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:** 7
**Author:** ![fachverwirrt](https://avatars.discourse-cdn.com/v4/letter/f/94ad74/32.png) [@fachverwirrt](https://boards.straightdope.com/u/fachverwirrt)\ **Post date:** [February 7, 2024, 12:18am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/121 "2024-02-07T00:18:15Z")
> [@Whack-a-Mole](#): > > (There has to be some method/coordination to not overload the system but it is all obscured to the public). Look, you can’t have transparency _and_ luxury yacht vacations. ---
**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:** [February 7, 2024, 12:28am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/122 "2024-02-07T00:28:38Z")
Two books about the workings of the Court that address some of these issues are _The Brethren_ by Woodward and a co-writer, and more recently _The Nine_ by Toobin (written before public wanking). ---
**Author:** ![kay1864](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kay1864/32/16024_2.png) [@kay1864](https://boards.straightdope.com/u/kay1864)\ **Post date:** [February 7, 2024, 12:56am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/123 "2024-02-07T00:56:24Z")
> [@Northern\_Piper](#): > > and more recently _The Nine_ by Toobin (written before public wanking). A twist on “signed first edition”! ---
**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:** [February 7, 2024, 1:01am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/124 "2024-02-07T01:01:46Z")
My understanding is that the rule of four to grant cert has been in place for well over a century, from the time that the Congress amended the Court’s statute to give them control over their own docket. It’s based on the idea that cert should be granted if a significant portion of the Court thinks so, but not necessarily a majority, because they want the difficult cases to come to them, ones that don’t have an obvious outcome. Giving a minority of judges that power advances that goal. ---
**Author:** ![DWMarch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dwmarch/32/1010_2.png) [@DWMarch](https://boards.straightdope.com/u/DWMarch)\ **Post date:** [February 7, 2024, 3:00am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/125 "2024-02-07T03:00:01Z")
> [@CoolHandCox](#): > > **She suggested that for every day of trial preparation they lost to the freeze, she would push the trial back by an equal number of days**. Wait, what? Clearly I am missing something crucial about trial preparation time because it seems to me like this is giving Trump extra time on account of all the extra time he’s had. Why is he being rewarded for deliberately causing a delay? ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [February 7, 2024, 3:06am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/126 "2024-02-07T03:06:56Z")
There’s no need to go through a bunch of time and expense if the appeal goes through or partially through which would put a wrench in things. It’s reasonable to wait for the results. ---
**Author:** ![OldGuy](https://avatars.discourse-cdn.com/v4/letter/o/3bc359/32.png) [@OldGuy](https://boards.straightdope.com/u/OldGuy)\ **Post date:** [February 7, 2024, 3:58am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/127 "2024-02-07T03:58:00Z")
> [@Whack-a-Mole](#): > > But, murder is a state crime (usually) so you’d need to get the governor of that state to agree to a pardon. Or kill him in Washington DC. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [February 7, 2024, 4:01am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/128 "2024-02-07T04:01:23Z")
> [@DWMarch](#): > > Clearly I am missing something crucial about trial preparation time because it seems to me like this is giving Trump extra time on account of all the extra time he’s had So this is included in the timeline I posted [above](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity/997188/88) Basically he’s been given three months of pre-trial preparation. But the clock on that was stopped when the appeal was accepted (cos you know why would you have to do pre-trial prep on a case that is clearly such a travesty of justice 🙄 ). So when _shock horror_ the appeal is turned down by the SCOTUS the clock will be started again, leading to a trial starting in June-ish (assuming the SCOTUS doesn’t actually take the case) ---
**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:** [February 7, 2024, 4:15am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/129 "2024-02-07T04:15:33Z")
Prepping for a Supreme Court appearance takes a lot of time, energy and dollars. He’s got a right to seek to appeal the decision. Telling him that he’s simultaneously going to be running a potential Supreme Court appeal, while also prepping for trial, would be an unusual requirement. ---
**Author:** ![anny\_m](https://avatars.discourse-cdn.com/v4/letter/a/96bed5/32.png) [@anny\_m](https://boards.straightdope.com/u/anny_m)\ **Post date:** [February 7, 2024, 5:20am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/130 "2024-02-07T05:20:23Z")
OK, it’s getting a bit late and I’m tired and I’m pretty sure the answer to this is going to have me face-palming and saying “Doh!”, but– If the trial concludes in late October and Trump is found guilty, what then? The election is scheduled for Nov.5. Mail-in ballots will go out (I think) in late September. Early voting will start in (I think) early- to mid- October. Millions may already have voted by late October, and some of those millions will have voted for Trump. Or will the election be delayed to some point in time after the verdict? ---
**Author:** ![Disinfectus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/disinfectus/32/11085_2.png) [@Disinfectus](https://boards.straightdope.com/u/Disinfectus)\ **Post date:** [February 7, 2024, 5:31am UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/131 "2024-02-07T05:31:16Z")
Constitutionally, I don’t believe you can delay an election. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [February 7, 2024, 12:01pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/132 "2024-02-07T12:01:19Z")
Quite a few of those millions would vote for Trump even if he’s convicted of every charge against him. ---
**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:** [February 7, 2024, 1:48pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/133 "2024-02-07T13:48:42Z")
> [@anny\_m](#): > > …. > If the trial concludes in late October and Trump is found guilty, what then? The election is scheduled for Nov.5. > … Good question. First thought, is if DOJ would go forward with the trial on this timeline. Assuming a 3 month trial, it would start around August. It would be iffy if DOJ would do that as they have an unwritten rule not to interfere close to an election. I think the rule is 60 days prior which is a deadline of Sep 5. Assuming the trial went forward, nothing would change. Trump would still be eligible to be elected President and people could and will vote for him. This wasn’t part of your question but I’ll offer it anyways: The reality is he needs to be beaten politically. It would also be the most healthy for our democracy outcome. These cases are a sideshow - like an outrageous scandal that he seems fairly immune too regardless of the outcomes. ---
**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:** [February 7, 2024, 2:13pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/134 "2024-02-07T14:13:59Z")
the 60 day thing is investigations and indictments. that bit is done. this is in the hands of the court. ag garland said the timing is in the hands of the judge and the courts now . ---
**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:** [February 7, 2024, 2:22pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/135 "2024-02-07T14:22:10Z")
Thanks, that makes sense. I saw Sep 5 on the timeline posted above and assumed the 60-day rule still applied (maybe ask for a continuance?) But you’re right, the Court sets the schedule. And that’s that. ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [February 7, 2024, 3:43pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/136 "2024-02-07T15:43:45Z")
> [@anny\_m](#): > > If the trial concludes in late October and Trump is found guilty, what then? Trump immediately declares his innocence, files an appeal and the election goes ahead. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [February 7, 2024, 4:01pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/137 "2024-02-07T16:01:28Z")
> [@Euphonious\_Polemic](#): > > Trump immediately declares his innocence, files an appeal and the election goes ahead. This the thing right, how does an appeal help him? People are implying that it’s a forgone conclusion that he’ll be let out pending appeal. But AFAIK that is very rare, the “great and good” are treated differently, true (they tend to get the option of voluntarily surrendering rather than being hauled off in a jump suit) but not to the point of being let out pending appeal. What basis is there for saying he would be? I think there is a pretty good chance Trump will be in prison for a felony on election day and if he is that will most likely be enough to ensure he’s not elected. I said 10% in this thread, but I actually think thats pessimistic based on the rulings against him since then. I’d increase that to at least 1/3 now. If he is convicted _and_ elected (which while not super likely is horrifically more likely than it should be in any sane universe) the first thing we’ll see is whether the supreme court is in his pocket enough to allow him to pardon himself. If it is, that’s it: stick a fork in our democracy cos’ its toast. ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [February 7, 2024, 4:03pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/138 "2024-02-07T16:03:22Z")
I very much doubt he’ll be in prison by election day. At most he’ll be on some sort of house arrest at Mar-A-Lago. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [February 7, 2024, 4:12pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/139 "2024-02-07T16:12:26Z")
> [@Gyrate](#): > > I very much doubt he’ll be in prison by election day. On what basis? These are serious felony charges. If he’s convicted before the election, what would be the justification for allowing Trump (who may have already been convicted in the hush money case prior to the election interfence trial\*) off with house arrest? AFAIK those kind of soft house arrest sentences are the result of plea bargains (e.g. Epstien’s notorious lenient deal), there is almost no chance of that happening here (before the election at least, would not bet against it if trump wins while the trial is still in progress, in fact that is possibly the best possible outcome at that point ☹ ) `*` - Though in that case I would not be shocked if he receives some manner of bullshit sentence for the hush money charge. Its a much less serious charge than the others. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [February 7, 2024, 4:13pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/140 "2024-02-07T16:13:00Z")
> [@CoolHandCox](#): > > The reality is he needs to be beaten politically. It would also be the most healthy for our democracy outcome. These cases are a sideshow - like an outrageous scandal that he seems fairly immune too regardless of the outcomes. I agree in the sense that if the majority of the electorate want a fascist dictator, we’re fucked regardless of anything else. But an essential part of that is whether the majority of the electorate still believe in the rule of law and whether overthrowing democracy to achieve your political objectives is okay. So the election is a vote _on the trial_ as much as it’s a vote on Trump. I also think there’s the critical issue that the biggest of the criminal trials on the core issue may be enough to pierce the propaganda bubble at the margin. [Previous page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=6) [Next page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=8)