PREVIEW: Excerpt from an exchange with Andrew McCarthy of National Review re the timeline for former President Trump's appeals to the courts for rulings about immunity and double-jeopardy prior to the start of the Federal trial now scheduled for March 4.
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 11 January 2024
⏱️ 3 minutes
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Summary
https://www.nationalreview.com/2024/01/on-immunity-trump-dubiously-relies-on-the-impeachment-clause/
1888 SCOTUS
Transcript
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| 0:16.4 | This is John Batchelor speaking with Andrew McCarthy and Thaddis Maccatter about the many tangles for the former President Donald Trump before courts, many courts, but one in particular is the Court of Appeals right now, the DC Court of Appeals, where the former President's attorneys made a case for immunity at the same time they were |
| 0:22.2 | dealing with the question of double jeopardy. |
| 0:24.9 | All of this comes to legal matters that are very difficult to summarize, but it also comes to a timeline. And Andy McCarthy has written before that one of the strategies adopted by the former president's attorneys is to lengthen the time between events so that the March 4th date set by Special Counsel |
| 0:50.5 | Smith is not possible for the beginning of the trial about the events of January 6th. |
| 0:57.0 | That's a federal trial, a federal charge, a felony charge, and it is in the interest of the former president not to permit that trial to begin |
| 1:07.5 | on March 4th, in fact to drag it out as long as possible. |
| 1:11.2 | And so Andy gives us the facts about what happens after the DC Court of Appeals Three Panel Judge Acts and the other possibilities of lengthening the time before now and then the trial can begin. |
| 1:27.0 | Remembering that the former president's attorneys have asked for the trial to be postponed |
| 1:31.0 | until after the election of 2024. Here's Andy's very careful |
| 1:35.3 | explication of the rules for appeals of a case that is now scheduled for |
| 1:42.1 | the trial to begin March 4th of 2024. |
| 1:45.0 | Yeah, that's correct, John, and I had a feeling you might ask me about that, so I looked at the appellate |
| 1:51.6 | rules before we came on because the timeline is so important. |
| 1:55.1 | So once the Court of Appeals, the three judge panel decides this case, which I think it'll be fairly rapidly. |
| 2:01.8 | I would be surprised if we didn't have a |
| 2:03.4 | decision by sometime next week. At that point Trump has 14 days to appeal to the full DC circuit court that is en banc all 11 judges. Those |
| 2:18.6 | applications for rehearing en bk are routinely denied. In fact, the government is not even |
| 2:26.2 | required to respond unless the court asks or response. That's how rare these re-hearing |
| 2:32.2 | are. So I think Trump can play this out for about |
| 2:36.2 | two weeks after the court makes its ruling. And then the interesting thing is |
| 2:41.2 | Trump if he lost in the three-judge panel |
| 2:44.9 | and he lost on the en banc request, |
... |
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