In the Appellate Court in Washington, DC, January 9 was an historical moment as Trump lawyer, John Sauer argued that an ex-president had absolute immunity to any criminal acts that occurred during his presidency. The consensus of experts in this area suggested that the hearing did not go well, and the Appellate Court will likely rule against him. Neither Trump nor the Special Prosecutor have advocated the “offramp” option, that is leaving the immunity claim to after the trial. This argument was filed as a amicus (friend of the court) brief.

I think if oral arguments did anything, it was to close off the offramp. At least I hope so. Thank God for this! Trump will appeal all judgments against him, whether it is this case, the documents case or the Georgia conspiracy case, which will be particularly messy. 

Lawfare report by Anna Bower: Trump and Smith, Reunited at the DC Circuit

Superb reporting by Ms. Bower from inside the courtroom, particularly noted for bits of humor sprinkled into a very serious matter. The bottom line is that there is no legal precedent for absolute immunity, and granting Trump’s claim would be a massive increase in presidential power. 

If the Supreme Court opts to take up this case, the six conservative judges will likely not come to Trump’s rescue, as they are loathed to construct new ex-presidential rights. They openly criticize the liberals on the bench as acting like legislators and expanding rights beyond the plain meaning and historical context of the law. 

The argument made by Trump’s lawyers is that he maintains immunity, because the House acquitted him of wrongdoing in the January 6 violence. At that time, Mitch McConnell remarked that the House was not clearing him of wrongdoing, as he could still face criminal charges since he was out of office. Now, ironically, his defense is turned around, and the argument is that the House did clear him, so he can’t face criminal charges.

The Special Counsel, Jack Smith, is probably very focused on the calendar and delay tactics right now. Smith lost in his attempt to skip over the Appellate court, and immediately be heard in the Supreme Court.  Court observers note that it is virtually impossible for the trial to begin on March 4, 2024. 

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Then yesterday January 11, 2024, the business fraud civil case was all abuzz as it was time for closing arguments. A hasty attempt to allow Donald Trump to speak fell through, as there was no agreement to restrain Trump from a return to the campaign rhetoric. Closing arguments are supposed to be directed at the judge, in a last attempt to go easy on Trump and his boys, Donald, Jr. and Eric. Trump’s three lawyers gave a normal summation of the case, arguing that there was no real harm done by the occasional overvaluation.

The judge finally let Trump have his say, and it is unlikely anything Trump said was within bounds for the case. Trump stated what was out of bounds was the entire case against him. His five minute rant likely will be completely ignored by the judge.

Link: Donald Trump defies judge, gives courtroom speech on tense final day of New York civil fraud trial

The state is seeking 370 million dollars. I think they’ll win and Trump will appeal. The judge will submit his written decision near the end of January.

Then, it will be on to the next, which is E. Jean Carroll defamation lawsuit, Part II, which is centered on defamatory statements Trump made immediately after being found guilty of defamation, scheduled to start January 16. Also, on deck is the Hush Money case, scheduled for March 20. So, note to court reporters, look for extended stay options in Manhattan. 

Stay tuned,

Dave