Why Trump Is Virtually Certain to Appeal the DC Circuit Court’s Newest Ruling

It’s not about substance — it never really was — it’s all about time. Both he and Jack Smith are running out of it.

Photo by Aron Visuals on Unsplash

Well, on the issue of Trump’s absolute immunity defense (and related ones appearing in his pre-trial motion to dismiss) the wait is over. Today the DC Circuit (three judge panel) issued its ruling on Trump’s appeal of Judge Chutkan’s trial-level decision.

As I was (and many others were) confident would happen, he lost on every issue. The confidence was based on the very thorough job Judge Chutkan did, and the clarity of the facts and the controlling law.

The three-judge panel has likewise done an exceedingly thorough job — so thorough in fact that two things are fully explained, at least to my mind:

1. The length of time the DC panel took in issuing its ruling. With the continuing delay, even the usually totally calm Neal Katyal was officially “at the freak out stage.”
2. Trump’s lawyers know that they can’t prevail on the immunity and related issues … the law and facts are too, too clear. But they’ll keep going anyway.

There are scads of legal nuggets to uncover and discuss in the intermediate appellate…