Clear as mud to me.American Oversight, a nonprofit legal watchdog group, filed an amicus brief on Friday that said the D.C. Circuit appeals court lacks the jurisdiction to take up Trump's appeal, and should therefore send the matter back to Chutkan and allow the trial to resume.
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"As the American Oversight amicus brief argues, Supreme Court precedent [from 1989] prohibits a criminal defendant from immediately appealing an order denying immunity unless the claimed immunity is based on 'an explicit statutory or constitutional guarantee that trial will not occur,'" the group's official statement explained.
Newsweek
That part is clear. Let's see what happens. If the District Court did agree with that, then does the Supreme Court take it on after all?Therefore, given that Trump has not been convicted or sentenced, his appeal is premature. The D.C. Circuit lacks appellate jurisdiction and should dismiss the appeal and return the case to district court for trial promptly."
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"Interesting argument in new amicus brief by conservative lawyers that Trump's immunity appeal is subject to final judgment rule and must wait until after trial," former U.S. Attorney Barbara McQuade.
UPDATE 01/03/2024:
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