Who 'Slow Walked' Trump's Immunity Claim?

Monday, March 04, 2024

An attorney, annoyed at the cacophony of clueless babbling about the court deliberations over Donald Trump's dubious immunity claim, explains (original thread) the "slow" timetable and identifies who is really to blame for the proximity of these proceedings to the election.

...Judge Chutkan deserves no criticism for this. Two months from filing to decision on a motion to dismiss in federal court is VERY FAST. Usually you are looking at six months or more. This case was expedited.

Donald Trump had a right, under law, to appeal this ruling to the Court of Appeals and to stay the trial court proceedings while he did it. You may not like this rule, but it applies to ANYONE raising an immunity defense, not just Donald Trump.

President Trump took his appeal and the court concluded briefing in JUST ONE MONTH, and then held oral argument on January 9 and decided the case February 6. This is LIGHTNING FAST. Most CoA cases take about a year to a year and half between commencement and conclusion.

Further, the DC Circuit itself broke a norm to speed up the case further, and NOBODY criticized it for breaking this norm. It's a technical issue, but the "mandate" is the date on which a court of appeals judgment goes into effect.
Dilan Esper's commentary on these "delays" that actually aren't goes on in some detail, and make for educational reading. (And it was good to see that I wasn't imagining things when I recalled the glacial pace of other court proceedings and thought this seemed fast by comparison.)

What I really appreciate, though, is Esper, whom I take to lean left, lays the blame for the real delay exactly where it belongs:
[I]f you want to argue that a 5/24 decision is still too late, well, SCOTUS only controls the last 3 months of that delay. The rest of it? Blame the liberal Judge Chutkan and DC Circuit and ESPECIALLY the DOJ, who DIDN'T BRING THIS CASE FOR 2 1/2 YEARS!
Or, as I put it the other day:
If your're serious, pull it now. If you're not, leave it alone. (Image by jstark7, via Wikimedia Commons, license.)
In my uninformed opinion, I think if the Democrats were serious about their constitutional obligations, they would have been much quicker to establish that Trump was an insurrectionist (or not) on legal grounds, and found a way to hasten legal proceedings in that matter and the election tampering in Georgia. As it stands, they appear to be trying to time things to spoil Trump's election attempt. They are playing into his hands. [bold added]
There is plenty of commentary from both political tribes in America to the effect that Trump and Biden need each other to run in order to have a chance to win.

It bad enough that the Democrats, forgetting that Trump knows how to play the victim, decided it would help their figurehead win an election by saddling Trump with lawsuits during the campaign.

It's much worse that they would play around with such serious charges in the process. If they believe the charges, they should have prosecuted earlier. If not, they shouldn't have leveled them at all.

-- CAV

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