No Don, You’re Not Above The Law

Created
Mon, 08/01/2024 - 08:30
Updated
Mon, 08/01/2024 - 08:30
Andrew Weissman takes up the issue of the “interlocutory” appeal that all the lawyers are talking about regarding Trump’s alleged immunity from prosecution. It could have major implications for the election and he does a good job explaining it to non-lawyers: Last month, Judge Tanya Chutkan (correctly) rejected Trump’s motions to dismiss special counsel Jack Smith’s grand jury indictment on grounds including that he was immune from prosecution. In turn, Trump brought what’s known as an “interlocutory” appeal — meaning an immediate appeal before a final judgment in the lower court. With the agreement of both sides, Chutkan stayed “any further proceedings that would move this case towards trial or impose additional burdens of litigation” on Trump until the appeal is decided by the D.C. Circuit (and potentially the Supreme Court). We understand why both parties want these underlying questions to be reviewed before trial, yet the default rule is that appeals courts must wait until the end of a trial to hear a case. It is the rare exception, not the norm, to accept an interlocutory appeal. But here, the D.C. Circuit has the power to reject Trump’s claims of presidential immunity — and simultaneously find that this appeal cannot be brought until the trial has been completed, and thus that the temporary stay should be removed. There is strong Supreme Court precedent indicating that appellate courts do not have jurisdiction to hear Trump’s immunity appeal now. In Midland Asphalt Corp. v. United States, Supreme Court Justice Antonin Scalia, writing for a unanimous…