"Every single argument was methodically and systematically" picked apart by the court, experts say
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Tuesday’s appeals court ruling rejecting former President Donald Trump’s immunity claim is so “unimpeachable” that the Supreme Court is likely to avoid taking up the case, legal experts say.
A three-judge D.C. Circuit panel issued a
57-page ruling rejecting Trump’s claim of blanket presidential immunity for acts he committed while in the White House.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution," the judges wrote.
Trump’s lawyers “threw everything up in the air and every single argument was methodically and systematically dismantled by this court,” conservative attorney George Conway told CNN on Tuesday.
"There is nothing left," he said. "Even the court addressed all the bad arguments that Trump probably shouldn't have made to this court. And there's just nothing. There's just nothing left for the Supreme Court to clean up."
"The only party who benefits from delay – the only party – is Mr. Trump, and so whether he gets five justices for a stay or four to grant a petition of certiorari for the Supreme Court to hear the case, that's Mr. Trump's path," he added. "I think whether you're a textualist or an originalist, or just a thoughtful, smart justice of the Supreme Court, you read the D.C. opinion. It denies absolute immunity. It counters the notion that double jeopardy was implicated in this case, and the best thing to do, the smartest thing to do, the lawful thing to do is to send this back to Judge [Tanya] Chutkan and let her try it.”