In the upcoming U.S. Court of Appeals hearing for the District of Columbia Circuit, Donald Trump’s attorneys will argue his presidential immunity against any alleged crimes. However, they should brace themselves for intense grilling from the judges.
A Courtroom Showdown
Conservative attorney George Conway, who’s against Trump’s claim and has co-authored an amicus brief, predicts a relentless questioning by the judges. On MSNBC with Katie Phang, Conway suggested that the team grilled the most by the court typically signals a losing battle.
Smart Panel to Grill in Hearing
Conway shared his view when asked about what to expect at the Tuesday hearing, emphasizing the panel’s intelligence. He said, “Well, I think you’re gonna see some intense questioning from the panel. It’s a very smart panel, a very able panel. This is basically what many people consider to be the second most important court in the country.”
60-70% Chance of Losing?
Conway explained his approach to evaluating appellate hearings: “My way of judging how appellate arguments go is: who gets the most questions? Who gets the most questions? There is a 60 or 70 percent chance that person is going to lose, or that their clients is going. I’m pretty sure the questions are going to be coming fast and furious for the lawyer representing Donald Trump.”
Skepticism Surrounds
Conway further expressed skepticism about Trump’s chances, noting, “I just don’t see — for the reasons we set out in our brief — I just don’t see how he could possibly prevail in this case.”
Judges Already Writing
Conway mentioned the timeline for the decision, saying he “wouldn’t be surprised to see a quick decision,” suggesting that the judges might already be writing it now. The issue doesn’t seem to be a close call, he suggests.
Quick Resolution on the Horizon
Conway also hinted at a quick resolution, remarking, “I wouldn’t be surprised to see a quick decision, a decision I think the judges may well be already writing because I don’t think this question is close. I think a decision within a matter of days will be in order. The interesting question will be maybe the Supreme Court doesn’t even have to weigh in if the Court of Appeals opinion is sufficiently compelling.”
“Of course I was entitled”
In a recent post on Truth Social, Donald Trump announced his plans to attend an appeals court hearing in Washington, D.C., concerning the extent of his presidential immunity. In his post, Trump asserted, “Of course I was entitled, as President of the United States and Commander in Chief, to Immunity.”
Legal Storm Clouds Over Presidential Hopes
This statement comes amid allegations by prosecutors that Trump, who is currently leading the polls for the 2024 Republican presidential nomination, tried to obstruct Congress and defraud the U.S. government through various efforts aimed at overturning Democratic President Joe Biden’s victory in the 2020 election.
Trump maintains that former presidents should not be subject to criminal charges for actions related to their official roles.
Trump and the Alleged Criminal Acts
In an 82-page submission on Saturday, Special Counsel Jack Smith’s office requested the court reject Trump’s appeal. The filing by federal prosecutors stated:
“Separation-of-powers principles, constitutional text, history, and precedent all make clear that a former President may be prosecuted for criminal acts he committed while in office — including, most critically here, illegal acts to remain in power despite losing an election.”
Trump’s Presidential Immunity Dismissed
On December 1, U.S. District Judge Tanya Chutkan dismissed Trump’s claim of presidential immunity, leading to his subsequent appeal to the U.S. Court of Appeals for the District of Columbia Circuit. This appeal has put a hold on his trial, initially scheduled for March.
Legal Battle Continues
In a related development last month, the U.S. Supreme Court opted not to immediately rule on Trump’s assertion that he is immune from prosecution for his attempts to overturn the 2020 election defeat, leaving the issue for a lower court to review.
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