D.C. Appeals Plan Tough Arguments In Trump Jan. 6 Records Case

A panel of D.C. appeals court judges may be setting the stage to throw out former President Trump’s Jan. 6 records case.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1395903

“Yeah, that’s not how the law works. Like at all.”

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it opens up the possibility for new legal understanding to be created in the area of executive privilege, potentially hacking a path open for former presidents to shut down investigations into actions undertaken while they were in office.

Something about the ex-president is not a king…

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So, if they throw the case out, does that mean they can or cannot appeal and escalate this to a higher court?

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They cannot.

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Do I dare hope that Trump’s claim is thrown out? Seems possible.

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O/T LALA Land
These people are truly delusional
Trump Jr. shares meme of his dad awarding Presidential Medal of Freedom to Kyle Rittenhouse (msn.com)

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One would think that the divine right of kings clause in the constitution would be enough to settle this…

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This is the worst panel Trump could possibly drawn from the D.C. Circuit. A while ago, I figured that their opinion would be a thing of beauty. Now I’m thinking that it will be not only meticulously drafted but also monument of unreversible legal reasoning.

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Hope you guys are right.

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Sorry, Donnie, executive privilege is for closers and you’re just The Loser™

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Anybody heard anything about Best Buy stores being robbed or is this more CNN BS?
Best Buy CEO: Jump in theft is traumatizing staff - CNN

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The Trump team could, and almost undoubtedly would, appeal any loss here. If they lose on the threshold question of jurisdiction it means that what they would appeal would be the jurisdictional question only, because the Court would probably not reach the actual merits (dubious though they may be) of the claim.

If the Supreme Court overturns the Appeals Court’s finding that they lacked jurisdiction (if that is what the Appeals Court finds), it would get sent back down for a decision on the merits (if one had not already been rendered), which Trump could then also appeal if he loses.

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Ain’t it interestin’ how hard TFG is fighting to keep Congress from proving how Antifa were the ones who attacked the capitol?

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Happy thanksgiving,Don’t be a pig

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They’re asking the right question. The PRA expressly recognizes that a former president might take a privilege claim to court, but it does not confer any actual right for TFG to do so. If TFG no longer holds any executive privilege rights, then he has no right to go to court over it.

Note that such a ruling would also fuck over Steve Bannon quite thoroughly, so two birds with one stone.

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Our Target gets shoplifted regularly. Not to mention scammers.

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I would be quite grateful for a twofer. Twice the impact for the price of one.

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Have you even SEEN the current Supreme Court? Legal reasoning is not likely to figure into it for quite a few terms.

Having said that, I doubt this court will have any more interest in turning EP on it’s head for this fucker, any more than they wanted to wade into garbage election claims.

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@txlawyer Actually, it would take care of two birds and one Stone.

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