On Tuesday, the D.C. Court of Appeals issued an order to parties involved in the former President Donald Trump’s presidential immunity appeal, instructing them to be prepared to address “discrete issues” raised in amicus briefs during the upcoming oral arguments on January 9th.
The issues include the constitutionality of special counsel Jack Smith’s appointment and the timing of Trump’s challenge. Several amicus briefs have been submitted by notable figures such as Edwin Meese III, a former U.S Attorney General, along with law professors Steven Calabresi and Gary Lawson.
In their brief they stated that there is no statute or constitutional provision granting the Attorney General authority to appoint a private citizen with “extraordinary criminal law enforcement power” under the title of Special Counsel.
“Not properly clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” they wrote in their brief. “Illegally appointed, he has no more authority to represent the United States in this Court, or in the underlying prosecution, than Tom Brady, Warren Buffett, or Beyoncé.”
NEW: We just filed an amicus brief in the Trump election interference case, arguing that the D.C. Circuit lacks jurisdiction to hear Trump's appeal on his immunity claims. https://t.co/Tcw1WKHsrP
— American Oversight (@weareoversight) December 29, 2023
Meanwhile, American Oversight submitted a brief asserting that Trump’s appeal for immunity is premature, arguing that Supreme Court precedent dictates that a criminal defendant cannot raise an immunity claim prior to conviction unless there is a clear statutory or constitutional guarantee of protection from trial.
“The law is clear: Mr. Trump cannot appeal his immunity defenses until after he is tried and convicted,” Arnold & Porter partner Stanton Jones said in a statement. “He should not be allowed to use an improper appeal to delay the scheduled March trial.”
Sixteen former government officials and constitutional experts, including Brad Berenson, the former Associate Counsel to President George W. Bush, and Olivia Troye, the former Homeland Security and Counterterrorism Special Advisor to Mike Pence, filed a brief with The Daily Caller arguing that Trump’s position “cannot be reconciled with the Constitution’s text or history.”
“The immunity he seeks would severely impair the ability of the current President, in whom all executive powers are vested, see U.S. Const. art. II, § 1, cl. 1, to take care that Congress’s laws proscribing obstruction of federal elections are faithfully executed,” they wrote. “And by asking the Judicial Branch to fashion a sweeping atextual immunity from whole cloth, he draws the Judiciary and the Executive into conflict.”
Last week, the Supreme Court denied Smith’s petition for certiorari to have Trump’s immunity claim heard prior to its presentation to the appeals court. Furthermore, Judge Tanya Chutkan of the District Court for the District of Columbia issued a December 1 ruling rejecting Trump’s motion to dismiss his case related to “election interference” on the same grounds.
Subsequently, she declared a stay on any further proceedings which would lead towards trial or impose burdensome litigation requirements on the defendant.
The Hill reported: “Trump last week appealed an order from Chutkan that rejected his motion to dismiss the Jan. 6 case, likewise asking that she halt activity in the case while his appeal proceeds. The move comes as Trump has argued the courts should dismiss the case both on the concept of presidential immunity, as well as on constitutional grounds, including the First Amendment.”
“If jurisdiction is returned to this court, it will—consistent with its duty to ensure both a speedy trial and fairness for all parties—consider at that time whether to retain or continue the dates of any still-future deadlines and proceedings, including the trial scheduled for March 4, 2024,” wrote Chutkan in her order.
ICYMI: Special Counsel Jack Smith’s Cellphone Data Seizure May Backfire Against Him
It’s about time he’s an illegitimate prosecutor
Fire Him
And the current AG who unconstituionally appointed him.
One more question, how is dirty Jack off Smith being paid?
They are all crooked!
That, being true, makes him a good Democrat.
So in other words, President Trump cannot bring complaints against the illegitimate standing of Jack A$$ Smith until he is tried and convicted by said Smith.
This egregious example of leftist contortions upon truth and justice is sickening.
I think it’s more than time for President Trump to tell them all to go procreate with themselves.
Smith is what you get from jack off smith!
What’s more lower than whale shi*.?
All crooked, lieing, Unconstitutional, Anti-American, hateful, Communist Nazi Democrats.!
They alone are responsible for murder worldwide by pushing the death Jab, The FBI,CIA, ATF are Anti-American sell outs, who violated their Oath to protect and defend America, and the Constitution, The DOJ has no authority to hire Jack Off Smith, and yet they brought him in anyway to prosecute a great President, Donald J Trump, Unconstitutional Judges and AG’s who’s bought and paid for by an Anti-American, Anti-Constitution Communist, George Soros.
Yes Judy their all Criminals running and destroying our Country more and more, and the sad thing about it is We The People are allowing it to happen since millions are so scared of using our Constitutional rights to end all this with the power given to us by the 2nd Amendment.
WOW, our Judicial system is really in shambles now and we don’t know anymore who to trust and who is following our Constitution. Pray for God’s blessing of WISDOM for these people in power, so that they’ll do GOD’S WILL and not their own flawed will. Amen.
I have read enough to know filing a brief with news media is not a court of law yet here it is trying to persuade the public of Trump’s constitutional rights being wrong to assert them. State in fact the law that prevents Trump filing under immunity. There is none. This newspaper brief should be wholly ignored as these 5 minute spotlite grabbers dont have a bone in the fight. Its also pretty obvious whats really being ingnored is Jack Smiths legality in cases. He has no authority and has broken the laws under the constitution gleefully being a lapdog for Biden raiding and seizing personal items. Trump was cooperating with the paperwork issue and when asked turned them over what they required. Thats not the mindset of a criminal. As for J 6 indictments I personally watched a video where Trump asked people to go home. Thats not incitement. This is more slight of hand to point the finger away from the truth and those involved. Our legal system is no longer legit thanks to Democrats not obeying the laws including Bidens and weaponising various departments. The end story we the people will seek and get justice Nov 2024.
I agree with everything you said but the very last sentence. If you honestly think that the DC establishment and the Billionaire bureaucrats will allow Trump to win in November, then you sir are way too naive in your thinking. Trump won in 2020 and look what happened? Americans sat on their cowardly hands and allowed the election to be stolen right in front of Liberty. The corrupt government then tested us with the continuous false COVID bs and again we spinelessly proved that we are cowards and would submit. So why would you think with everything we have been through in the last four years while We the People have not done a goddamned thing but bitch & complain on the internet that the government cares what we think when they steal it in 2024???? We are f’n cowards and they know it!!!
I have to disagree. The American people are not cowards. We were waiting to see the evidence of a stolen election and put too much faith in those Swamp Dwellers who Pres. Trump had in place to “support” him. It was the Swamp Dwellers, specifically Mike Pence and AG Barr, who let us down. I suspect that Trump won’t be making that mistake again. If the 2024 election is stolen, then it might be time to get another revolution started.
How can anyone be that Full of Schitt!
Just remember that Trump was STILL President when ALL of this occurred…..
And at that time, Trump STILL had Presidential Immunity.
It would seem that with as much evidence of ballot fraud and election tampering that has been brought to light recently, the very case of who actually won the 2020 election would be the primary question to be answered. Then the investigations into who is actually guilty of an intended government takeover, collusion, conspiracy and fraud, against the taxpayers of the country should commence.
The court can’t toss Jack off Smith (unconstituional “prosecuter”) soon enough. Make it one more political black eye for democRATs.
With all the court trials in multiple states, some cases from years ago, its hard to believe there is not a concerted effort driven by the White House as a primary source of direction. I’m sure a review of documentation would prove this.