The Trump Card...

ATeam

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ATeam

Senior Member
Retired Expediter
Appeals Court: No Trial Delay for Trump

"The court also appeared to be skeptical of one of Trump’s proposed solutions, to delay his trial until after the presidential election.

“'Delaying the trial date until after the election, as Mr. Trump proposes, would be counterproductive, create perverse incentives, and unreasonably burden the judicial process," the ruling said. "In addition, postponing trial would incentivize criminal defendants to engage in harmful speech as a means of delaying their prosecution.'

"The appeals court had stayed Chutkan's decision while it weighed Trump's arguments. Their order ended that stay, meaning the revised version of the gag order is now in effect."
(Source)
 
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ATeam

Senior Member
Retired Expediter
Questions Answered in Court; Week of 12/3/23

Running Total

*Trump-Favorable Answers: 16
Trump-Adverse Answers: 163
Trump Win Rate: 9.82%

Answered This Week:

No, the Trump trial scheduled for March 4, 2023 will not be delayed. 12/8/23, DC Circuit Court of Appeals

Yes, Judge Chutkan’s gag order regarding Trump is slightly narrowed and mostly upheld. 12/8/23, DC Circuit Court of Appeals

Yes, while the stay of Engoron’s order that cancels Trump’s NY business certificates remains in place, the other provisions of that order are enforceable. 12/7/23, New York Appellate Division

No, Trump’s appeal of the Engoron gag order will not be fast-tracked. 12/4/23 Appeals Court Justice Manzanet-Daniels

Answered in Recent Weeks:
Yes, Trump can be prosecuted on Jan. 6 criminal charges. Presidential immunity does not apply. 12/1/23, Chutkan
No, Trump is not immune from three civil lawsuits filed against him regarding Jan 6. 12/1/23, US Court of Appeals, DC District
Yes, the Trump gag order in his NY fraud case is reinstated. 11/30/23, New York Appellate Division
No Trump may not call a court-appointed monitor as a witness. 11/27/23, Engoron
No, since he already has the transcripts, Trump may not issue a subpoena for the US House Jan 6 Committee video tapes. 11/27/23, Chutkan
No, references to Jan 6 will not be struck from Trump’s DC criminal case. 11/17/23, Chutkan
Yes, Trump’s motion for a mistrial in his NY civil fraud trial is denied. 11/17/23, Engoron
*No, Trump will not be kept off the Colorado ballot on 14th Amendment grounds. 11/17/23, Wallace
*Yes, the Special Counsel’s request to set a deadline for Trump’s defense team to provide notice of the classified information it seeks to use at trial is denied. 11/16/23, Cannon
Yes, the deadline has passed and it is too late for Trump to add an additional expert witness in the upcoming Carroll case. 11/16/23, Kaplan
*Yes, Judge Engoron’s gag order on Trump will be temporarily stayed. 11/16/23, Friedman

Answered in Previous Weeks:
 
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ATeam

Senior Member
Retired Expediter
Questions Answered in Court; Week of 12/3/23

For Trump in court this week: zero wins, four losses.
One of the losses was big. The second-highest court in the land (the DC District Court of Appeals), ruled that Trump can and should be gagged.
 
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muttly

Veteran Expediter
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muttly

Veteran Expediter
Retired Expediter
For those that are keeping score, the Left wants to keep Biden’s opponent Trump off the Presidential election ballot and his challengers off in the primary contests.
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ATeam

Senior Member
Retired Expediter
As NY Fraud Trial Nears End, Trump Shies Away

I don't think Trump's attorneys will tell him this but they should. "The trial is nearly over. You lost. Testifying would only make things worse than they already are, and they're really, really bad. We can delay the consequences of your fraud for a while by making appeals, but in the end, you're screwed."

 
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Pilgrim

Veteran Expediter
Retired Expediter
Oregon Lawsuit Filed to Keep Trump Off Ballot

It's becoming obvious that these 14th Amendment challenges to take Trump off state ballots are nothing more than nuisance suits, desperately looking for an unscrupulous judge in a blue state to rule against him. These lame efforts expose the desperation of the Democrat party as Biden's weakness and unpopular public standing become more apparent with every passing day.

"More than seven challenges have failed -- most notably in Colorado, Michigan and Minnesota -- due to court rulings ranging from procedural inconsistencies, questions about whether the judicial branch had power to enforce the ban and dispute over whether the president is considered an "officer of the United States" as required by Section 3 of the 14th Amendment...

"I can't imagine that judges are eager to do this. Even judges who may not like Trump...-- judges in Michigan or Minnesota or Colorado -- realize that people have a right to vote for the candidate of their choice," said Josh Blackman, one of two conservative law professors who authored the widely cited paper that popularized the argument that Section 3's reference to "an officer of the United States" does not include the president...
When you're relying on this very old provision of the Constitution which has a lot of difficult legal questions involved, a better path is just to ... let the voters decide this issue," he added. "Who wants to be the judge that disqualifies the leading presidential candidate on the Republican ticket? I mean, who wants to be that judge?"

Why are the 14th Amendment lawsuits seeking to bar Trump failing?

 
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ATeam

Senior Member
Retired Expediter
It's becoming obvious that these 14th Amendment challenges to take Trump off state ballots are nothing more than nuisance suits, desperately looking for an unscrupulous judge in a blue state to rule against him. These lame efforts expose the desperation of the Democrat party as Biden's weakness and unpopular public standing become more apparent with every passing day.
The intent of the people who are bringing these suits is to get the question before the US Supreme court. Both Minnesota and Michigan dismissed the suits but those courts specifically left the door open to refile them at later dates. In the Colorado suit, the judge made nine rulings in favor of the plaintiffs and one in favor of Trump. The one was appealed to the state supreme court and was heard last week. A ruling is expected soon. Whatever that ruling is, the loser will appeal it to the US Supreme Court, which is exactly what the plaintiffs want.

When the plaintiffs are getting exactly what they want, it is not a lame effort or nuisance suit. It is a successful legal strategy; a strategy designed to get this question heard not by lower-court judges in blue states, but in front of the US Supreme Court, on which three Trump appointees sit and Republican appointees have the majority. If the plaintiffs could have gone directly to the US Supreme Court, they would have. But the process begins in the lower courts.
 
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ATeam

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Retired Expediter
Logically, Trump Should Want an Expedited SCOTUS Ruling on Immunity

Trump claimed he is immune from prosecution by Jack Smith. Judge Chutkan disagreed and ruled against Trump. Trump appealed, continuing to claim he is immune. Jack Smith then asked the US Supreme Court to quickly pick up this case and make the definitive ruling on the immunity question that only the Supreme Court can.

With Trump claiming he is immune, it seems to me he too would want the Supreme Court to quickly rule. If it is true that Trump is immune, every day the prosecution activity continues is a day of harm done to Trump. If Trump actually believes he is immune, it seems logical that he would want this immunity question quickly decided, and decided once and for all by the Supreme Court.

And it seems to me he would want this case decided especially by the US Supreme Court. What better way is there for Trump to rid himself completely of this Jack Smith prosecution than by getting the immunity question quickly before this Supreme Court? What more friendly ground might Trump find in a high court than a US Supreme Court that includes three Trump appointees and a majority of Republican appointees?

Yep, logically, Trump should join Jack Smith as they together ask the Supreme Court to quickly take up this case and definitively rule.
 
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ATeam

Senior Member
Retired Expediter
BOOM!!! BOOM!!! BOOM!!! US Supreme Court Takes Up Trump Immunity Question

In less than a day after it was submitted, the US Supreme Court granted Jack Smith's motion and ordered Trump to respond no later than Dec. 20.

It is HIGHLY UNLIKELY that the US Supreme Court will rule that Trump is above the law. He is not immune. The Supreme Court ruling will come quick and be final. This quick action by the Supreme Court strips Trump of his delay tactics.

My view (and hope): The justices have decided they are done with Trump. They are tired of his constant criticism of the courts and abuse of the courts. They are tired of Trump. They are forcing Trump to stand trial in March and face the evidence against him. That jury trial will convict Trump of federal felony crimes. Chutkan will sentence him to jail. Trump will die isolated in custody, if not in prison.

The Supreme Court did not have to take up this case quickly. They did not have to take it up at all, as it is working its way up through the lower-courts appeals process. They could have waited for the months or years it would normally take for an appealed case to make it to the highest court in the land. But they did take it up. That's huge!

Trump knows he is not immune. Trump knows that if the Supreme Court clears the way for a March, he will get a March trial, whether he wants it or not. Right about now, I imagine Trump is feeling his knees weaken and the blood drain from his face.
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muttly

Veteran Expediter
Retired Expediter
Logically, Trump Should Want an Expedited SCOTUS Ruling on Immunity

Trump claimed he is immune from prosecution by Jack Smith. Judge Chutkan disagreed and ruled against Trump. Trump appealed, continuing to claim he is immune. Jack Smith then asked the US Supreme Court to quickly pick up this case and make the definitive ruling on the immunity question that only the Supreme Court can.

With Trump claiming he is immune, it seems to me he too would want the Supreme Court to quickly rule. If it is true that Trump is immune, every day the prosecution activity continues is a day of harm done to Trump. If Trump actually believes he is immune, it seems logical that he would want this immunity question quickly decided, and decided once and for all by the Supreme Court.

And it seems to me he would want this case decided especially by the US Supreme Court. What better way is there for Trump to rid himself completely of this Jack Smith prosecution than by getting the immunity question quickly before this Supreme Court? What more friendly ground might Trump find in a high court than a US Supreme Court that includes three Trump appointees and a majority of Republican appointees?

Yep, logically, Trump should join Jack Smith as they together ask the Supreme Court to quickly take up this case and definitively rule.
What’s the rush? If Trump gets in office, there will still be a DOJ and they can still go ahead with the charges.
 
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