# 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:** 9
**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, 6:01pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/161 "2024-02-07T18:01:00Z")
> [@rocking\_chair](#): > > i believe it was on cnn. it was suggested if he is convicted in the federal charges, he would most likely be at [FPC Pensacola (bop.gov)](https://www.bop.gov/locations/institutions/pen/) . Yeah I’m also assuming he could end up in some kind of “camp cupcake”. But prison is prison. Also I think the hush money conviction may come into play, even if he gets a nothingburger of a sentence, he would then be a repeat offender if is he is subsequently convicted for the election crimes. That makes a big difference in sentencing, including (I think?) what prisons he’s eligible to go to. ---
**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, 6:24pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/162 "2024-02-07T18:24:29Z")
> [@Chefguy](#): > > t German law forbade a lot of things that the military ended up doing because they didn’t want to be on the receiving end of a bullet. Quite a sidetrack, but its also true that even earlier on in the Nazi regime when pushback by Wehrmacht officers against illegal orders would have been career suicide, but not actual suicide, it was still unheard of. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [February 7, 2024, 6:25pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/163 "2024-02-07T18:25:52Z")
> [@griffin1977](#): > > You are almost certainly correct about Seal Team 6 as is it currently constituted, The trick is to have rival forces, and make sure one of them is willing to do some nasty shit on your behalf, and then give them authority over the other forces. Remember [the Navy SEAL that Trump pardoned](https://www.theguardian.com/us-news/2019/dec/27/eddie-gallagher-trump-navy-seal-iraq)? He’s exactly the sort of guy to use in a US Waffen SS type group. Give the regular SEALs orders to do nasty shit, and when they refuse, turn the SS-SEALs loose on them. Prosecute any regular SEALs who survive the purge, and promote all the SS-SEALs who did the dirty deeds, and the message will be sent. None of this is new, it’s how dictatorships have maintained control for thousands of years. Lots of people will die in the process of establishing this, but the fascists consider that a feature, not a bug. ---
**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, 6:27pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/164 "2024-02-07T18:27:52Z")
As has been said, the worst he can expect is house arrest with maybe limited ability to communicate to the outside (so no video broadcasts). He will still be entitled to Secret Service protection and that’s just not possible in prison. ---
**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, 6:31pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/165 "2024-02-07T18:31:27Z")
> [@hajario](#): > > As has been said, the worst he can expect is house arrest Again what is the basis for this expectation? AFAIK the cases of high profile figures being sentenced to house arrest are the result of plea deals. That is not going to be the case for Trump (as long as he’s sentenced before the election) Why would he get house arrest for a serious felony ?(possibly as.a repeat offender) ---
**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, 6:35pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/166 "2024-02-07T18:35:31Z")
Because, as I said, he gets Secret Service protection and they can’t do that in the clink. He is beyond high profile. ---
**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, 6:38pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/167 "2024-02-07T18:38:18Z")
> [@hajario](#): > > Because, as I said, he gets Secret Service protection and they can’t do that in the clink. . Where’s the law that says that? You could equally well say (and it has been proposed) that he will need to be put in solitary confinement in order to allow secret service protection. There are laws governing what kind of prisons prisoners can be sent to. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [February 7, 2024, 6:39pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/168 "2024-02-07T18:39:47Z")
> [@hajario](#): > > Because, as I said, he gets Secret Service protection and they can’t do that in the clink. See, people keep saying that, but I don’t believe it. The Secret Service provides protection in all kinds of environments, and is a past master at negotiating that with other services, across the US and the world. Give them a few weeks to confer with the prison authorities, and they’ll have it sorted out. It won’t be a great detail to work on, but it will work. ---
**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, 6:39pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/169 "2024-02-07T18:39:47Z")
> [@hajario](#): > > he gets Secret Service protection Is this even a given? Is the rule of who gets Secret Service protection even a matter of law rather than convention? ---
**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:** [February 7, 2024, 6:54pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/170 "2024-02-07T18:54:02Z")
Although it says “authorized to protect…” not “must protect” > **[18 U.S. Code § 3056 - Powers, authorities, and duties of United States...](https://www.law.cornell.edu/uscode/text/18/3056)** ---
**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, 7:02pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/171 "2024-02-07T19:02:32Z")
> [@Riemann](#): > > I’m not really sure what you think we’re disagreeing on. I think that the concept that these trials, or this specific one about trying to overthrow the 2020 Election, would be a front and center issue that will determine who voters will vote for. I don’t think it will. I think it will be in the mix with the border, the economy, healthcare, etc. Just another issue to consider, but a more abstract one to be honest (ie, the concept of democracy versus my actual healthcare or my student debt). Let’s put it this way…will these charges or the outcome of any trial affect how you vote? I imagine your mind is made up and has been for some time. It’s Trump, right, what’s to consider. I further imagine most voters have decided - it’s the same two people running again. Now I don’t think you disagree with that, and like any election, there’s always a fringe and how do you get them to vote for you - the coveted undecided voter. Maybe this issue will do it but I don’t think it’s a big deal for others because it seems way to abstract and it failed. I don’t think people appreciate just how fragile American democracy really is. It takes a lot to really _understand_ that. If you think it’s unbreakable, and that’s really a normal assumption to have because it has been your whole life and we’re 250+ years old, went through a civil war, and still No.1, then this all seems like…_I won’t phrase this right_…but just some really old guy (Biden) worrying about the end of American democracy 🙄. How do you get that message through a propaganda bubble to connect with someone on the margins in maybe seconds or minutes of their time. The best this could ever be is a conclusory “ **Trump found guilty of trying to overthrow the 2020 election** ” - ten second soundbite or couple words long, straight to the point, as bad as it could sound, easily digestible format to burst the propaganda bubble. Is that enough? If it’s _just_ the bolding part getting through, sure, I think it tilts an undecided out of voting altogether, maybe to Biden. I mean, I’d hope so. Still, better to promise them something tangible - tried and true to get someone to _vote for you_. ---
**Author:** ![excavating\_for\_a\_mind](https://avatars.discourse-cdn.com/v4/letter/e/e8c25b/32.png) [@excavating\_for\_a\_mind](https://boards.straightdope.com/u/excavating_for_a_mind)\ **Post date:** [February 7, 2024, 7:24pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/172 "2024-02-07T19:24:02Z")
> [@griffin1977](#): > > … > If all it takes is a state judge to say, without any criminal trial or conviction of a crime, that a candidate had taken part in an insurrection for them to be removed from the ballot. Then that is going to be used against other candidates who have not actually taken part in an insurrection. Why does it have to be a conviction of a crime? Will any old crime do, or are there specific crimes that would need to be committed (and a conviction secured)? The insurrection described in Section 3 is not necessarily a crime and the punishment is not a criminal punishment. ---
**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, 7:30pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/173 "2024-02-07T19:30:27Z")
> [@excavating\_for\_a\_mind](#): > > there specific crimes that would need to be committed (and a conviction secured I would say yes, to me it would be reasonable to say that conviction of certain crimes would constitute taking part in an insurrection. It’s pretty academic however as there is almost zero chance of SCOTUS doing anything that would mean Trump isn’t on the ballot ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [February 7, 2024, 7:40pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/174 "2024-02-07T19:40:35Z")
> [@hajario](#): > > He will still be entitled to Secret Service protection and that’s just not possible in prison. That is not accurate. I’m going to continue to echo the expert I heard on MSNBC who pushed back on the notion that it would be logistically impossible to imprison Trump. The prison system is very experienced with handling “special” inmates—governors, senators, etc. Trump could end up in a facility with only him as a prisoner. And it would be trivially easy to accommodate a Secret Service detail for what would be the most boring assignment they have ever experienced. ---
**Author:** ![excavating\_for\_a\_mind](https://avatars.discourse-cdn.com/v4/letter/e/e8c25b/32.png) [@excavating\_for\_a\_mind](https://boards.straightdope.com/u/excavating_for_a_mind)\ **Post date:** [February 7, 2024, 7:40pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/175 "2024-02-07T19:40:52Z")
I’m not so sure about the SC. It seems to me they would have to either find that the Colorado SC was faulty in their application of Colorado law or that Colorado law violated the US Constitution. Perhaps they find that some of the evidence admitted in the Colorado trial should have been excluded, but I think to overturn the finding that Trump engaged in insurrection they would have to find that he did not engage in insurrection. That’s a big one. The fact is that Trump did engage in insurrection, and everybody knows it. ---
**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\ **Post date:** [February 7, 2024, 7:44pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/176 "2024-02-07T19:44:52Z")
> [@Stratocaster](#): > > Trump could end up in a facility with only him as a prisoner. I suggested before, build him a small cottage somewhere in Camp David. It’s already secured, the cost would be minimal, and Trump will hate it just as much as an actual prison, since after a life of wealth in which his every petty desire was pandered to by yes-men, even the slightest infringement on his freedom of movement will be intolerable to him. ---
**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, 7:47pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/177 "2024-02-07T19:47:35Z")
> [@CoolHandCox](#): > > The best this could ever be is a conclusory “ **Trump found guilty of trying to overthrow the 2020 election** ” - ten second soundbite or couple words long, straight to the point, as bad as it could sound, easily digestible format to burst the propaganda bubble. Is that enough? No, it would not be enough, because all 50% of the population would here through their carefully curated and massaged sources would be **“Trump appealing terrible ruling from Deep State agents”** ---
**Author:** ![ParallelLines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/parallellines/32/3575_2.png) [@ParallelLines](https://boards.straightdope.com/u/ParallelLines)\ **Post date:** [February 7, 2024, 7:49pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/178 "2024-02-07T19:49:01Z")
Back to the Immunity ruling, apparently in addition to the inevitable appeal, Trump is actively pursuing it for his Documents case as well. [https://www.cnn.com/2024/02/07/politics/trump-immunity-defense-classified-documents/index.html](https://www.cnn.com/2024/02/07/politics/trump-immunity-defense-classified-documents/index.html) Hopefully, we’ll see the SCOTUS decline to take it up, and squash that part of the documents case, but, god knows. ---
**Author:** ![Stratocaster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/stratocaster/32/16393_2.png) [@Stratocaster](https://boards.straightdope.com/u/Stratocaster)\ **Post date:** [February 7, 2024, 7:50pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/179 "2024-02-07T19:50:01Z")
> [@Horatius](#): > > I suggested before, build him a small cottage somewhere in Camp David. It’s already secured, the cost would be minimal, and Trump will hate it just as much as an actual prison, since after a life of wealth in which his every petty desire was pandered to by yes-men, even the slightest infringement on his freedom of movement will be intolerable to him. That works! Seriously, I’m not sure what people see as the logistical impossibilities with having him cool his heels in the slammer. Devise a scenario that deals with his circumstance. As far as SS protection, um, put a stool outside his cell. Problem solved! If a different person convicted of his crimes would go to prison, so should he. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [February 7, 2024, 8:07pm UTC](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188/180 "2024-02-07T20:07:11Z")
> [@Horatius](#): > > I suggested before, build him a small cottage somewhere in Camp David. Nah. Area 51 is pretty secure. An 8x10 Tuff shed would be fine. We can drill air holes in it. Or anywhere where he would have to walk a mile to escape. [Previous page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=8) [Next page](https://boards.straightdope.com/t/dc-court-of-appeals-rules-against-trump-immunity-scotus-makes-a-different-decision/997188.md?page=10)