The Trump Card...

ATeam

Senior Member
Retired Expediter
Dream on.
The beautiful thing about the four Trump cases reaching their trial phases is we no longer have to dream on, wait, or wonder. We can simply sit back and watch the trials proceed. All the arguments made by Trump and his MAGA supporters will be presented in court if they have merit. And those that don't have merit will be exposed as such.
 

ATeam

Senior Member
Retired Expediter
You keep saying that and Trump keeps NOT asking her to recuse. On August 6, he said he would immediately demand Chutkan's recusal. But to date, he has not make the formal motion.
I guess when Trump said on Truth Social that he would "immediately demand" Chutkan's recusal, he meant something other that what most people understand "immediately demand" to mean. I guess when he said "immediately demand," he really meant, "I'm not going to ask Chutkan to recuse at all."

It has been 23 days since Trump posted this on Truth Social, but he has filed nothing and said nothing in court regarding Judge Chutkan's recusal. His attorneys were personally in court with Chutkan yesterday. Not a peep about recusal.

It seems safe to assume Chutkan will be the judge for the duration of the trial, and the March 4, 2024 trial date she just set is the real date.

Yesterday on Truth Social, Trump vowed to appeal the trial date. He does not seem to know this trial date cannot be appealed.

"A federal trial date cannot be appealed once the date is set by the judge. The Federal Rules of Appellate Procedure (FRAP) specifically state that an appeal may not be taken from "an order setting a trial date." FRAP Rule 4(b)(1)." (Google Bard)

There are exceptions, but none of those apply in this case. Trump may try to appeal using one or more of the exceptions, but he'll lose if he tries.
 
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muttly

Veteran Expediter
Retired Expediter
I guess when Trump said on Truth Social that he would "immediately demand" Chutkan's recusal, he meant something other that what most people understand "immediately demand" to mean. I guess when he said "immediately demand," he really meant, "I'm not going to ask Chutkan to recuse at all."

It has been 23 days since Trump posted this on Truth Social, but he has filed nothing and said nothing in court regarding Judge Chutkan's recusal. His attorneys were personally in court with Chutkan yesterday. Not a peep about recusal.

It seems safe to assume Chutkan will be the judge for the duration of the trial, and the March 4, 2024 trial date she just set is the real date.

Yesterday on Truth Social, Trump vowed to appeal the trial date. He does not seem to know this trial date cannot be appealed.

"A federal trial date cannot be appealed once the date is set by the judge. The Federal Rules of Appellate Procedure (FRAP) specifically state that an appeal may not be taken from "an order setting a trial date." FRAP Rule 4(b)(1)." (Google Bard)

There are exceptions, but none of those apply in this case. Trump may try to appeal using one or more of the exceptions, but he'll lose if he tries.
If a judge is bias, they’re not going to recuse themselves. They’ll rationalize to themselves that that they can be fair, yet all the while giving the DOJ everything they ask for because in reality they are on their side. Her public comments in others related cases overwhelmingly indicate this.
Trump will need to appeal the whole matter of conducting trials before people vote in the next election, thus disenfranchising millions of voters from choosing their next president.
 
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ATeam

Senior Member
Retired Expediter
Trump will need to appeal the whole matter of conducting trials before people vote in the next election, thus disenfranchising millions of voters from choosing their next president.
Can you clarify your meaning? The sentence makes no sense as written.

The judge is not going to recuse and Trump is not asking her to.
The trial date has been set and that cannot be appealed.
The trial will not begin for six months.
At the moment, there are no pending motions before this Court.
Trials are not appealed, regardless of when they happen. Verdicts are appealed. Rulings are appealed. Trials are not appealed.

What is there to appeal?

In the next election, voters will not be disenfranchised. They will have their chance to choose their next president just as they do in all other presidential elections. Trump may or may not be on the ballot depending non how the 14th Amendment disqualification question plays out. If he is not on the ballot, that does not disenfranchise voters. That's Trump disqualifying himself with his criminal activity. Voters are not disenfranchised because they can write Trump in if they wish.

If he is not disqualified under the 14th Amendment, but is convicted and jailed before the election, people can still vote for him. They'll just consider his status as a convicted felon, among his other qualification to serve as president.

If he is not disqualified under the 14th Amendment, and no jury has yet convicted him, people can still vote for him. They'll just consider his status as a felony criminal defendant, among his other qualifications to serve as president.

It must be really fun to be supporting a candidate like this. You can tell prospective voters, if he is not disqualified, and if he is not convicted, and if you overlook his status as a felony criminal defendant, you can consider his other qualifications for serving as our nation's leader.
 
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muttly

Veteran Expediter
Retired Expediter
Can you clarify your meaning? The sentence makes no sense as written.

The judge is not going to recuse and Trump is not asking her to.
The trial date has been set and that cannot be appealed.
The trial will not begin for six months.
At the moment, there are no pending motions before this Court.

What is there to appeal?
It’s called an interlocutory appeal. But there are other motions that they can use based on the impeachment clause and the supremacy clause.
And no the 14th Amendment section 3 doesn’t pertain to Presidents.
 
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ATeam

Senior Member
Retired Expediter
It’s called an interlocutory appeal. But there are other motions that they can use based on the impeachment clause and the supremacy clause.
And no the 14th Amendment section 3 doesn’t pertain to Presidents.
I just looked up "interlocutory appeal." I don't see how it applies here. I think it might be an idea floating around in MAGA land on which people who have no hope are pinning hopes. Interlocutory appeal is not available to Trump at present.
 
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ATeam

Senior Member
Retired Expediter
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ATeam

Senior Member
Retired Expediter
This Will be Fun!

Judge McBurney in Georgia ordered the release of the Fulton County special grand jury report, now that the indictments are in. Absent objections, we'll see the document on September 8. This is the specal grand jury report Trump tried and failed to have quashed. We'll soon know what he wanted to keep under wraps.
 
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muttly

Veteran Expediter
Retired Expediter
I just looked up "interlocutory appeal." I don't see how it applies here. I think it might be an idea floating around in MAGA land on which people who have no hope are pinning hopes. Interlocutory appeal is not available to Trump at present.
Tell Bard to stay tuned.
 
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coalminer

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