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Tweets of the Day:
President Biden/Biden Administration:
Of Course, Fox ‘News’ Cut Away:
Adolf Benito Drumpf’s Mounting Legal Woes:
There is almost zero chance the D.C. Circuit finds Trump immune from prosecution
Trump will face a three-judge panel made up of two Democratic appointees and one Republican appointee. The three judges are: Judge Karen Henderson (a HW Bush appointee), Judge Florence Pan (a Biden appointee), and Judge Michelle Childs (a Biden appointee).
What Is At Issue?
The critical issue in the case is whether Donald Trump is absolutely immune from criminal prosecution for actions taken while President of the United States. Trump’s attorneys argue that his actions leading up to January 6, 2021 were taken within his official duties as President and therefore he is immune. The Special Counsel’s team argues that Trump’s actions were not within the scope of his official duties, and therefore, he is not immune from prosecution. Previously, Judge Tanya Chutkan denied Trump’s motion to dismiss the indictment on similar grounds. Following the denial, the case was appealed to the D.C. Circuit and the trial court proceedings were stayed pending resolution of the appeal. It is worth noting that since Judge Chutkan’s denial, the D.C. Circuit has found that Trump is not immune from civil liability for actions taken leading up to January 6, 2021. Expect this panel to follow suit in the criminal case as well.
Trump Demands Election Crimes Case Be Dropped In New Filing — Because Nobody Told Him Overturning Election Was Crime
Former President Donald Trump demanded the election crimes case against him be dismissed on the grounds that he didn’t have advance notice he would be committing a crime by trying to overturn the election.
Our country has a longstanding tradition of forceful political advocacy regarding widespread allegations of fraud and irregularities in a long list of Presidential elections throughout our history, therefore, President Trump lacked fair notice that his advocacy in the instance of the 2020 Presidential Election could be criminalized. President Trump, like all citizens, is entitled to have fair warning as to where the line is drawn which separates permissible activity from that which is allegedly criminal. See United States v. Lanier, 520 U.S. 259, 265 (1997) (“‘No man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed.”).
“Due process bars courts from applying a novel construction of a criminal statute to conduct that neither the statute nor any prior judicial decision has fairly disclosed to be within its scope…” Id. at 266 (internal citations omitted).
“[A] statute or a rule may be held constitutionally invalid as applied when it operates to deprive an individual of a protected right although its general validity as a measure enacted in the legitimate exercise of state power is beyond question.” Boddie v. Connecticut, 401 U.S. 371, 379 (1971).
More Quid Pro Quo:
Today’s filings mimic the arguments put forth in the other criminal cases, none of which are likely to succeed