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You are here: Home / Politics / Trump Indictments / Feb 12 Is Here, and So Is Trump’s Appeal

Feb 12 Is Here, and So Is Trump’s Appeal

by WaterGirl|  February 12, 20249:01 pm| 43 Comments

This post is in: Open Threads, Politics, Trump Indictments

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Today was the deadline for Trump to appeal to the Supreme Court.  Otherwise, the D.C. trial would start up again immediately.  No surprise that he appealed, or that he waited until the last possible day.  Delay, delay, delay.

Since it seems that SCOTUS is most likely to interfere with the 14th amendment case, you’d think they might let the clear ruling from last week stand.

Now we wait up to another 7 days to hear from the Supreme Court.  If they are smart, they will stay out of this one and let the D.C. trial proceed.

Breaking: As expected, Trump has filed a request to stay the DC appellate court ruling until he can appeal it. https://t.co/crNZkzppj9

— Jack E. Smith ⚖️ (@7Veritas4) February 12, 2024

Auto Draft 93

 

This was expected and anticipated.

This is his final attempt at escape before he has to face the music.

The appellate ruling will NOT be overturned.

The question is how much time can he drain with his latest gambit.

The SCOTUS response to his request for a stay will be…

— Jack E. Smith ⚖️ (@7Veritas4) February 12, 2024

If SCOTUS grants a stay, they won’t just be putting a thumb on the scale.  Oh what I would give to have a SCOTUS that could be trusted to do the right thing.

Open thread!

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Reader Interactions

43Comments

  1. 1.

    BretH

    February 12, 2024 at 9:04 pm

    This is getting tiresome. More filet-o-fish, stat!

  2. 2.

    WaterGirl

    February 12, 2024 at 9:06 pm

    @BretH: At first I thought you meant my posts about this were getting tiresome!

  3. 3.

    Alison Rose

    February 12, 2024 at 9:07 pm

    If they are smart

    Welp. We’re only 3/9 on that one, so…

  4. 4.

    waspuppet

    February 12, 2024 at 9:07 pm

    Gosh, you’d think the most innocent man in the history of innocentitude would want his name cleared and achieve TOTAL VINDICATION before he stood in a presidential election.

    You’d also think that at least one person who makes six and seven figures keeping Americans apprised of national politics would point that out. But I guess that would be biased.

  5. 5.

    SiubhanDuinne

    February 12, 2024 at 9:13 pm

    @BretH:

    Heh! I was just going to write a comment about how tiresome this all is. Yes, that very word.

    I am SO FUCKING BORED of TIFG. (Here’s where I wish ordinary civilian BJ commenters could embed images, because I have a gorgeous photo of a sleepy bat giving off the biggest yawn you’ve ever seen, and it would be perfect.)

  6. 6.

    WaterGirl

    February 12, 2024 at 9:14 pm

    @waspuppet: I know!  It’s inexplicable, really!   He must be desperately trying to move all these cases forward at light speed, but somehow something always gets in his way.

  7. 7.

    Scout211

    February 12, 2024 at 9:15 pm

    Reposted from downstairs:

    So it sounds like Trump’s lawyers are making the case that as long as we run for the presidency, we can avoid facing charges in a court of law.  Sweet.  I’m filing my papers soon.

     CNN Trump asked the Supreme Court to temporarily block a scathing and unanimous decision from the DC Circuit handed down last week that flatly rejected his claims of immunity from election subversion charges brought by special counsel Jack Smith.

    “Conducting a months-long criminal trial of President Trump at the height of election season will radically disrupt President Trump’s ability to campaign against President Biden,” Trump’s attorneys wrote in their request.

    The DC Circuit’s ruling “threatens immediate irreparable injury to the First Amendment interests of President Trump and tens of millions of American voters, who are entitled to hear President Trump’s campaign message as they decide how to cast their ballots in November.”

    Never mind the criminal charges, won’t the Supreme Court justices think of the voters?!  Tens of millions of them?! 

  8. 8.

    WaterGirl

    February 12, 2024 at 9:15 pm

    @SiubhanDuinne: I am right here at the moment, so if you send it to me now, it will appear right away.

  9. 9.

    WaterGirl

    February 12, 2024 at 9:15 pm

    @SiubhanDuinne: Tiresome as in you don’t want to hear about it? Or tiresome as in it sucks the life out of you to be in this timeline?

  10. 10.

    WaterGirl

    February 12, 2024 at 9:17 pm

    Perhaps this photo of NotoriousJRT will perk you guys up?

    Feb 12 Is Here, and So Is Trump's Appeal

  11. 11.

    WaterGirl

    February 12, 2024 at 9:18 pm

    Or perhaps this will lift your spirits?

  12. 12.

    dmsilev

    February 12, 2024 at 9:28 pm

    @Scout211: What, exactly, is stopping him and his surrogates from blathering nonstop even during a trial?

    Except for gag orders related to the trial, of course.

  13. 13.

    Jackie

    February 12, 2024 at 9:29 pm

    @Alison Rose: 😂

    If they are smart

    You beat me with the exact same snippet and with the same retort! Several decisions they’ve handed down suggest five or six of them are decidedly lacking in smartness.

    I’m forced to hope indignation prevails – thanks to Habba and TIFG implying three of the six owe TIFG proper gratitude for their for-life elevation to greatness.

  14. 14.

    Villago Delenda Est

    February 12, 2024 at 9:29 pm

    If you look up “vexatious litigant” in your Funk and Wagnals, there’s a picture of the orange traitor who calls Merde-A-Loser his home.

  15. 15.

    TriassicSands

    February 12, 2024 at 9:30 pm

    Immunity? This isn’t about immunity. It’s about whether the President of the United States is royalty and above the law in perpetuity; untouchable no matter what (s)he does as long as (s)he claims the crime was committed in the best interests of the nation. And the question of what is in the best interests of the nation is, naturally, left entirely up to the Emperor president. Unless, of course, the president happens to be a Democrat. In that case, the president is not only not immune from prosecution, (s)he is presumed guilty and actual evidence of a crime is irrelevant.

  16. 16.

    Scout211

    February 12, 2024 at 9:31 pm

    Liz Dye with a great summary of the documents case updates in her best caustic wit.

    Friday’s 37-page primal scream is something else entirely. Sure a reply brief is supposed to reply and not introduce new evidence. And, okay, if you want to get technical, there’s, like, a legal standard for selective and vindictive prosecution and you don’t just get to yaddayaddayadda over it by claiming you’ve made a “prima facie” showing and are entitled to delve into prosecutorial communications. But when you’re a billionaire comparing yourself to Yick Wo, sometimes the legal niceties like basic civil procedure fall by the wayside.

    This morning, the Special Counsel filed a terse motion to file a surreplynoting that THAT IS NOT HOW ANY OF THIS WORKS.

    “Arguments and factual assertions not presented in an opening motion and raised for the first time in a reply brief are not properly before the Court, and the Court should not be asked decide matters that have been neither properly raised nor fully briefed,” they note, omitting to mention that Trump’s lawyers Todd Blanche and Chris Kise are perfectly well aware of this and pressing their luck with a jurist they believe to be firmly on their side (and totally inexperienced).

    The government objects to the use of the motion to argue for selective prosecution “by smuggling this issue into a reply brief.” But if Judge Cannon is going to put up with these shenanigans, the prosecutors would at least like a chance to file a reply, presumably to point out that President Biden consented to a search of his home, sat for multiple interviews with the prosecution, immediately gave back the documents, never ignored a subpoena, never induced his minions to lie, and never tried to delete the evidence — so, no, these two things are not the same.

    Imagine if this case had landed on the docket of literally any other judge …

  17. 17.

    Manyakitty

    February 12, 2024 at 9:32 pm

    @WaterGirl: doggo!

  18. 18.

    WaterGirl

    February 12, 2024 at 9:32 pm

    @TriassicSands: Pretty much.

  19. 19.

    WaterGirl

    February 12, 2024 at 9:33 pm

    @Scout211:

    Friday’s 37-page primal scream is something else entirely.

    I like it already!

  20. 20.

    Urza

    February 12, 2024 at 9:33 pm

    @WaterGirl: This is where I wish BJ had a ‘like’ option.

  21. 21.

    Princess

    February 12, 2024 at 9:34 pm

    I’m always wrong about everything but… I don’t see how they don’t vote for a stay. Leonard Leo’s court doesn’t care about Trump but they do care about one day having a president king in the Franco/Salazar mode. I don’t see them doing anything to mess that up.

  22. 22.

    Villago Delenda Est

    February 12, 2024 at 9:35 pm

    @TriassicSands: The Gym Jordan/James Comer doctrine!

  23. 23.

    Alison Rose

    February 12, 2024 at 9:36 pm

    Just vacuumed the apartment (which takes about five minutes in this palatial home of mine) and the cat was up on my bed while I was in the living room, then took off like a shot into the living room when I went into the bedroom. I always feel like I have to apologize to her afterward.

  24. 24.

    Villago Delenda Est

    February 12, 2024 at 9:37 pm

    @WaterGirl: MASSIVE thumbs up for that one (and the one above, for cute overload).

  25. 25.

    sdhays

    February 12, 2024 at 9:38 pm

    @Scout211: Well, not quite “literally”. There is that totally out of control whackjob in Texass.

  26. 26.

    BellyCat

    February 12, 2024 at 9:38 pm

    @Alison Rose: Prudent if you wish to survive the night!

  27. 27.

    WaterGirl

    February 12, 2024 at 9:38 pm

    I timed this wrong.  I had just talked to Cole and I knew he wasn’t home yet and that he had a lasagna in the oven, so I thought he would post later.  Wrong again!

  28. 28.

    Scout211

    February 12, 2024 at 9:39 pm

    @dmsilev: What, exactly, is stopping him and his surrogates from blathering nonstop even during a trial?

    Silly question. You have to remember, free speech means, “I get to do whatever the hell I want to do with no consequences” in the US Constitution, Donald J. Trump annotated edition.

  29. 29.

    WaterGirl

    February 12, 2024 at 9:44 pm

    @Scout211: I don’t know.  I think once the trial starts in D.C. – whenever that is – there will be no tolerance to public misbehavior by Trump in the courtroom.

  30. 30.

    Eric S.

    February 12, 2024 at 9:45 pm

    @Alison Rose: I’m going to be in the “dog” house for a while. I was out of town last week for work. Today, my cleaning lady came. Tomorrow I leave for 3 days in WI for work.

    Newton 😺 and Kepler 😺 will be mad. I’m likely to be grounded when I return Thursday.

  31. 31.

    WaterGirl

    February 12, 2024 at 9:46 pm

    @Eric S.: And you will deserve it.  I am on team Newton + Kepler.

  32. 32.

    smith

    February 12, 2024 at 9:50 pm

    @Princess: Even the Dirty Six are smart enough to realize that a president who can with impunity send Seal Team Six to assassinate anybody he pleased could do it to them as well.  If he had absolute presidential immunity, the Supremes would lose all their power and be reduced to mere serfs like the rest of us. Certainly his stooges have been telling them explicitly that they owe him bigly, so they better step in line, which indicates exactly that mindset. I don’t believe they will have missed it.

  33. 33.

    Eric S.

    February 12, 2024 at 9:51 pm

    @WaterGirl: Truth!

     

    ETA: My dad lives in the building with me. He cares for them. Newton & Kepler tell me he doesn’t understand second lunch.

  34. 34.

    Alison Rose

    February 12, 2024 at 9:53 pm

    @Eric S.: You will need to do some penance. I suggest treats.

  35. 35.

    Princess

    February 12, 2024 at 9:54 pm

    @smith: I don’t think they’re that smart, actually. They think they’re gods. They think they are immune, all of them. All nine.

  36. 36.

    Eric S.

    February 12, 2024 at 10:02 pm

    @Alison Rose: and ear scritches.

  37. 37.

    patrick II

    February 12, 2024 at 10:09 pm

    If the Supreme finds that Trump is immune that will no avenue at all to curb his behavior if he is reelected. He will be an absolute madman.

  38. 38.

    Eric S.

    February 12, 2024 at 10:17 pm

    @patrick II: If the Supreme finds that Trump is immune…

     

    Biden should lock him up at a black site until December. And put Clarence in the cell next door. Now I disagree with this but if they want to play hardball, throw at their heads.

  39. 39.

    Scout211

    February 12, 2024 at 10:19 pm

    @WaterGirl: I think once the trial starts in D.C. – whenever that is – there will be no tolerance to public misbehavior by Trump in the courtroom.

    I hope you are right.  My biggest hope, though, is that Biden beats the pants off of Trump in November so that there is no question of magical total presidential immunity ever again.

  40. 40.

    NotoriousJRT

    February 12, 2024 at 10:20 pm

    @WaterGirl: thanks for posting my Patron doppelgänger.

  41. 41.

    Jackie

    February 12, 2024 at 10:39 pm

    The “REAL” House Speaker is squeezing Johnson’s balls:

    Speaker Mike Johnson signaled that the House will not put the Senate’s foreign aid supplemental on the floor because it is “silent” on provisions to secure the border, Punchbowl News reports.

    In a statement, Johnson said the “mandate” of the supplemental was to “secure America’s own border before sending additional foreign aid around the world.”

    And, from The Hill:

    Johnson’s rejection of the Senate bill, however, does not mean the package is completely finished in the House.

    Lawmakers could force the supplemental to the floor through a discharge petition, which requires support from a majority of the chamber — meaning bipartisan participation. Democrats have a “ripe” discharge from last year’s debt limit showdown that already has 213 signatures. Five more would be a majority of the chamber.

    Some progressive lawmakers, though, are likely to remove their names from the petition if it is used to move the foreign aid package in protest of the inclusion of aid for Israel without conditions. That would mean more Republican signatures are needed — a heavy lift since signing a discharge petition while in the majority is a significant swipe at leadership.

    https://thehill.com/homenews/house/4464176-speaker-johnson-ukraine-aid-senate-vote/

    Sigh… IF the bill gets through the Senate, I hope Jeffries can borrow some Pelosi magic.

  42. 42.

    Goku (aka Amerikan Baka)

    February 12, 2024 at 11:00 pm

    @Jackie:

    Speaker Mike Johnson signaled that the House will not put the Senate’s foreign aid supplemental on the floor because it is “silent” on provisions to secure the border, Punchbowl News reports.

    In a statement, Johnson said the “mandate” of the supplemental was to “secure America’s own border before sending additional foreign aid around the world.”

    These people had a bill that had those provisions in it and they shit all over it

  43. 43.

    Jackie

    February 12, 2024 at 11:19 pm

    @Goku (aka Amerikan Baka): Yes they did, and they did.

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