The J6 Election Case May Have to Go Straight Back to Judge Chutkan

The DC Circuit may have no jurisdiction over the case

Gippolito Ndp

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Photo by Bermix Studio on Unsplash

By now everyone should know:

  • that Donald Trump’s motion to dismiss the Jan 6 election interference case was denied by Judge Tanya Chutkan;
  • that both his grounds of presidential immunity and double jeopardy failed as a result;
  • that he appealed the case to the DC Circuit Court of Appeals;
  • that Jack Smith leapfrogged over the DC Circuit requesting expedited certiorari in the U.S. Supreme Court, which request for pre-judgment relief was denied; and
  • the appeal in the D.C. Circuit is proceeding on an expedited basis, presently in the briefing stage — with oral argument set for January 9th.

If you didn’t know all that, I link here and here to two of my recent articles dealing with those things.

Jack Smith filed his opposition to Trump’s appeal on December 30th, and it’s linked here for your review. It is a very strong brief and should prevail on the merits — if the DC Circuit court reaches the merits, which might not occur.

Trump’s reply to Smith’s opposition is due January 2nd, and it will be interesting to see how he handles the clear impact of…

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Gippolito Ndp

Dad, G-dad, veteran, semi-retired lawyer, archaeologist, writer