DC Court of Appeals rules against Trump Immunity, SCOTUS Makes a Different Decision

PM sent.

True but that’s why these trials are important we are no longer relying on the MAGAts, the GOP lawmakers, or the bothsiders in the media, to do the right thing (spoiler alert: they won’t). These are felony trials, the only opinion that matters now are the judges and juries.

Of course, no one is claiming he will be treated the same as a random guy in lockup with a public defender, and some of those judges were appointed by Trump. But still it’s 91 charges across 4 felony trials, that is a big deal. This is not the kind of thing you can make go away by delaying and obfuscating.

It might come sooner or later, but I can promise you the answer will never be “because he is guilty/wrong”.

Perfectly timed to enrage MAGAts. (Or worse, a couple months later)

It’s weird the prosecutors, who have had years to build a case, managed to land the mess at this time. They had to be aware of the timing.

Tan Suit. Illegal. Look it up.

But I’m not sure that this is bad timing in terms of motivating voters. The MAGAts are always going to turn out. A criminal trial reminding everyone just what happened on 1/6 might just be enough to pierce the disinformation bubble for some swing votes, and motivate apathetic Dem voters?

Or you could just check out Fox News, and if you have the stomach for it, the user comments. Short version: Fox reported the ruling, then devoted about the same amount of space quoting the Trump campaign’s response. This is standard Fox strategy: when there is news they don’t like, they always focus instead on what some Republican asshat is saying about it.

User comments mostly skew to the certainty that SCOTUS will overturn this terrible ruling. I’ll give Fox credit for at least posting the full text of the ruling.

CNN just showed a picture of the three judges. All women. Two of color.

HIs is going to be dead of a head-implosion by tomorrow.

Can one justice (Clarence?) decide to grant cert for the case? If he can do it, I think he would just to drag it out. Otherwise, Donnie is out of timeouts as far as I can see.

I’m envisioning a reverse-Matthew-McConnaughey moment with his lawyers.

“Sir, I want you to close your eyes and imagine these very senior and highly respected judges at the DC Court of Appeal. They are handing down this devastating ruling, you’re in deep shit, you have limited options, you’re probably going to be in prison by October. Keep your eyes closed, can you picture these senior judges making this ruling? Now imagine they are Black women.”

Four of the nine justices are needed to grant certiorari. How they decide that among themselves I have no idea (do they just do it on their own or get in a room and discuss it or something else?).

Neal Katyal, perhaps the ultimate SCOTUS watcher, just weighed in on MSNBC. He said he doesn’t count even 4 votes for cert – let alone 5 for a stay. I find that reassuring.

Rigged how? I keep hearing this over and over, that Trump’s three appointees are somehow his personal stooges, loyal MAGAns who will rule that day is night and night is day to uphold anything Trump wants; and I’m just not seeing it. Now to be sure his appointees are conservatives but that’s a small-c conservative, as in believing that the justices should not legislate from the bench and that their job is to follow good jurisprudence. FWIW I doubt Trump himself had much to do with the selection of his appointees, he probably just followed the suggestions of his advisers.

She’s bending over backwards to make sure her rulings are as appeal-proof as possible. No one can accuse her of railroading or rushing the defense. Unfortunately, this plays right into their hands and plans of delay.

According to the White House blurb about the workings of the Supreme Court, four justices to grant cert is “the custom and practice”, so not necessarily iron-clad but I presume that’s how it will work for this case. It also mentions that “of the approximately 7,500 requests for certiorari filed each year, the Court usually grants cert to fewer than 150”.

Since this is not specified in the constitution or US law I assume this falls under, “they get to decide for themselves.” Not least since the number of justices on the court is not set.

I’d guess the judges have a meeting once a year to decide on rule changes but, once those rules are set, that’s how it goes for the rest of the year. I’d guess the four for cert has been in place so long they just keep going with that.

The mystery to me is how they whittle down 7,500 cases to 150.

Clerks.

I am sure that the majority of the 7500 are nonsense. A lot of them are very well known going through the court system and they know they will take them on. The rest are ones that clerks bring to the attention of their Justice who makes the final cut.

All of this is a WAG of course.

Not nonsense, but not needing further review.

And, sometimes there are cases I think are certainly due for review that they skip.

Again…a mystery to me how they decide on their docket. (There has to be some method/coordination to not overload the system but it is all obscured to the public).

I always assumed that it was determined by how many Benjamins you stapled to the documents.