Scott Gurvey's Public Offerings

This is nuts. That’s all I could think as I listened to D. John Sauer, an attorney for Donald Trump, with Trump sitting in the front row of the courtroom, tell a panel of the United States Court of Appeals for the District of Columbia that it should overturn a decision of the district court and dismiss the federal indictment against Trump for crimes connected to the January 6, 2020, mob assault on Congress.

To recap, on August 1, 2023, Special Counsel Jack Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected (opinion here) Trump’s claim, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling.

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