Presidential Immunity at the D.C. Circuit
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 8 January 2024
⏱️ 52 minutes
🧾️ Download transcript
Summary
On Tuesday, Jan. 9, the D.C. Circuit Court of Appeals is set to hear oral argument in United States v. Trump. Trump, indicted in D.C. for alleged crimes related to election interference, is appealing the trial court’s denial of his motion to dismiss based on presidential immunity and constitutional grounds.
Ahead of the hearing, we gathered an all-star team to discuss the merits of Trump’s appeal and how the D.C. Circuit might rule. Lawfare Legal Fellow and Courts Correspondent Anna Bower sat down with Lawfare Editor-in-Chief Benjamin Wittes, Lawfare Senior Editor Quinta Jurecic; Stanton Jones, counsel for American Oversight, which has filed a fascinating amicus brief that questions whether the appeals court has jurisdiction to decide the case in the first place; and Matthew Seligman, counsel for a group of former Republican officials who have filed an amicus brief in opposition to Trump’s claim of immunity. Matthew is also the co-author of a forthcoming book on presidential elections called, “How to Steal a Presidential Election.”
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Transcript
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| 0:27.0 | There are dozens, maybe hundreds, of Court of Appeals decisions over the last several decades, |
| 0:39.4 | dismissing interlocutory appeals where criminal defendants have raised all manner of arguments and claimed |
| 0:45.9 | immunities. |
| 0:46.9 | Maybe if the DC circuit dismisses this interlocutory appeal for lack of jurisdiction and former President Trump asks |
| 0:56.2 | the Supreme Court to review that determination. |
| 0:59.2 | It certainly seems like it would be an easy out for them to deny certain in a case where the |
| 1:06.1 | DC Circuit has simply found no interlocutory jurisdiction. |
| 1:10.9 | I'm Anna Bauer, Legal Fellow and Courts Correspondent, and this is the Law Fair |
| 1:14.8 | Podcast, January 8th, 2024 edition. On Tuesday, January 9th, the DC Circuit Court of Appeals |
| 1:21.8 | is set to hear oral argument in United States versus Trump. |
| 1:26.2 | Trump, indicted in DC for alleged crimes related to election interference, |
| 1:30.8 | is appealing the trial court's denial of his motion to dismiss based on |
| 1:34.8 | presidential immunity and constitutional grounds. |
| 1:38.6 | Ahead of the hearing, we gathered in the virtual jungle studio with an all-star team to discuss the merits of |
| 1:43.8 | Trump's appeal and how the DC circuit might rule. Lawfare editor-in-chief |
| 1:48.6 | bin Wittis and senior editor Quinta Dressic were joined by Stanton Jones, Council for American Oversight, which has |
| 1:56.2 | filed a fascinating amicus brief that questions whether the appeals court has jurisdiction |
| 2:00.8 | to decide the case in the first place. |
... |
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