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1. Embed this notice
   Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 00:06:50 JST Laffy

   ‼️#BREAKING! 🔥

   Via Anna Bower:

   BREAKING: DC Circuit Court of Appeals rules that Donald #Trump is NOT IMMUNE from prosecution. #legal

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:17 JST Laffy

     in reply to

     13/ Via Neal Katyal:

     I do not think SCOTUS will hear Trump’s appeal. Of course, anything can happen & it takes 4 of the 9 Justices to vote to hear a case. But Trump’s argument is so weak & Ct of Appeals decision so thorough & well done, I can see SCOTUS voting not to hear it

     This is opinion the country was waiting for. Straight loss for Trump. “Former Pres Trump’s alleged efforts to remain in power despite losing 2020 elec were, if proven, an unprecedented assault on the structure of our govt“

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:19 JST Laffy

     in reply to

     12/ Via Emptywheel:

     From JustSecurity, their timeline on how an appeal might play out.

     https://www.justsecurity.org/91108/how-long-will-trumps-dc-immunity-appeal-take-analyzing-the-alternative-timelines/

     HistoPol (#HP) 🏴 🇺🇸 🏴 repeated this.
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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:20 JST Laffy

     in reply to

     9/ Via Kyle Cheney:

     The panel picked apart and rejected every one of Trump's immunity arguments:

     For example: It will not lead to a cycle of baseless revenge prosecutions of former presidents they said

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:20 JST Laffy

     in reply to

     10/ Via Roger Parloff:

     Though DC Cir has unanimously denied Trump immunity in DC case, it looks like the automatic stay persists till 2/12 and then beyond if Trump seeks review from SCOTUS & until SCOTUS rules on the petition. But if Trump seeks any rehearing by DC Cir, the stay would be lifted.

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:20 JST Laffy

     in reply to

     • Snowshadow

     11/ Slightly off topic, but so weird how suddenly everyone understands what “via” means in my threads.

     cc: @Snowshadow

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:21 JST Laffy

     in reply to

     6/ Klasfeld:

     The unanimous, three-judge panel:

     "We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results."

     At bottom, former President Trump’s stance would collapse our system of separated powers by placing the
     President beyond the reach of all three Branches."

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:21 JST Laffy

     in reply to

     7/ Anna Bower emphasizes:

     This is important: The panel directs the clerk to issue the mandate—i.e., send the case back to Judge Chutkan—on Feb. 13 unless Trump seeks Supreme Court review before then.

     That puts pressure on Trump’s team to seek SCOTUS review by next Monday.

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:21 JST Laffy

     in reply to

     8/ Via David Becker (CBS):

     This was a unanimous, per curiam opinion from the DC Circuit. It was worth the month wait, very comprehensively and persuasively written. Likely SCOTUS does not review this case, but important that this be resolved quickly so voters can have the info they need to make a decision.

     Masked Scheduler repeated this.
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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:22 JST Laffy

     in reply to

     4/ Via Klasfeld:

     From Trump's DC Circuit defeat:

     "It would be a striking paradox if the President, who alone is vested with the constitutional duty to 'take Care that the Laws be faithfully executed,' were the sole officer capable of defying those laws with impunity."

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:22 JST Laffy

     in reply to

     5/ Via Scott MacFarlane:

     Court: “Former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

     👉🏼Unanimous, emphatic, unequivocal ruling from appeals court👈🏼

     [Me: 👆🏼THAT IS WHAT WE NEEDED TO HEAR]

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:23 JST Laffy

     in reply to

     2/ Via Andrew Weissmann:

     DC Circuit gives Trump only until 2/12 before it will issue the mandate, which would permit Chutkan to go forward. So Trump would need a stay to extend that date.

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     Laffy (gottalaff@mastodon.social)'s status on Wednesday, 07-Feb-2024 03:44:23 JST Laffy

     in reply to

     3/ Via Kyle Cheney:

     The unanimous ruling is a sweeping win for #JackSmith. and prosecutors. "Any executive immunity that may have proteceted him while he served as President no longer protects him against this prosecution."

     The 57-page opinion: https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208593677.0.pdf

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     Brian Hawthorne (bhawthorne@infosec.exchange)'s status on Wednesday, 07-Feb-2024 03:44:42 JST Brian Hawthorne

     in reply to

     • Michael Fisher

     @mjf_pro Also, SCOTUS seems very unlikely to challenge an appeals court decision that in essence defends the role of the Article III courts (including SCOTUS) in the balance of power in our system of government. Why would they want to hear an appeal that would place the President as supreme monarch above the legislature and the courts? They wouldn’t.

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     Michael Fisher (mjf_pro@hachyderm.io)'s status on Wednesday, 07-Feb-2024 03:44:43 JST Michael Fisher

     in reply to

     • Dallas (Join Something IRL)

     @GottaLaff @1dalm SCOTUS hasn’t thrown him a lifeline in any of the past cases, and they won’t now, or ever. Why not? Even with my cynicism dialed up higher than 100, it strikes that saving Transactional Trump from himself offers SCOTUS *nothing* power-dynamic-wise that they don’t already have, apart from maybe another black mark in the history books.

     HistoPol (#HP) 🏴 🇺🇸 🏴 repeated this.