twitchy.com By Brett T.
Our resident lawyer, Aaron Walker, did a deep dive into the Fifth Circuit’s ruling against former President Donald Trump’s claim of immunity from prosecution. Walker wrote:
The case was on hold because of what is known as an interlocutory appeal. Normally, no appeal happens until the case ends in the trial court, a.k.a. the district court. But sometimes it makes sense for the courts to hear an issue before the case is done. That’s an interlocutory appeal. Here, they were hearing Trump’s claim that he was immune from prosecution or that it violated double jeopardy, presumably because if Trump won on those issues, the case might partially or completely go away.
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There are eleven judges on the D.C. Circuit. But today’s decision was only heard by three of those judges. That’s because in all federal circuits, the vast majority of the appeals they hear are heard by a three judge ‘panel’ of judges, who are chosen at random. But occasionally, a case is deemed appropriate for the entire circuit to hear the case. That is what is referred to as en banc review—meaning review by the whole court. They don’t have to take it, but Trump can ask.
He can also ask for the Supreme Court to consider it. They don’t have to take the case, either—in the vast majority of cases, the Supreme Court decides whether or not to take a case. But again, Trump can ask.
Read Full Article Here…(twitchy.com)
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