Talking Feds with Harry Litman
Talking Feds with Harry Litman
@talkingfeds·446K subscribers·2.8K videos

Will the DC Circuit dismiss Trump’s immunity appeal for lack of jurisdiction?

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January 5, 2024

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Harry talks with Stanton Jones, author of an amicus brief that may totally upend the dynamic of the DC circuit appeal of Judge Tanya Chutkan’s denial of Donald Trump’s immunity motion in the January 6 case. Jones’s brief relies on a 1989 unanimous Supreme Court opinion that suggest that interlocutory appeals – i.e. immediate appeals before the trial goes forward – are inappropriate unless a particular provision of the constitution or statute expressly authorizes them. Applying the test to the facts of Trump’s immunity motion results in a strong case for dismissal, which would permit pretrial litigation in the trial itself to go forward in Chutkan court and stop the delay that has been the biggest upside for Trump of the appeal.

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Stanton JonesJudge Tanya ChutkansDonald TrumpsSupreme CourtTALKING FEDS PODCASTApple Podcasts Spotify Make

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Will the DC Circuit dismiss Trump’s immunity appeal for lack of jurisdiction? · Talking Feds with Harry Litman · Sentinel