In a pivotal moment for former President Donald Trump, he is set to argue for immunity at the Federal Appeals Court in Washington, D.C. tomorrow, regarding his actions on January 6th. The focus of the argument will be on whether Trump should be immune from prosecution based on the scope of his job as president. It is worth noting that Trump's argument is not that he cannot be charged for any action during his entire presidency, but rather that he should be protected because his alleged actions were within the outer scope of his presidential duties.
However, it is important to highlight that Trump has previously lost this argument in other cases related to January 6th. Judges, both state and federal, have consistently rejected the notion that individuals involved in the events of that day were acting within their job responsibilities. Not a single judge has granted legal benefit to any person making that claim.
The upcoming hearing before the three-judge panel at the Federal Appeals Court will be crucial in determining the outcome. The panel consists of one judge nominated by George H.W. Bush and two Biden nominees. The courtroom will not have cameras, but there will be a live audio stream of the proceedings.
Each side will have a limited amount of time to present their arguments. Trump's legal team will have 20 minutes, followed by the Department of Justice, representing the opposing side. There will then be an additional 10 minutes for rebuttal by Trump's team. While initial time limits often stretch, the focus will be on a thorough examination of the legal matters at hand. The judges will also consider briefings and documents submitted prior to the hearing.
Timing is crucial in this case. If Trump is unsuccessful, he can pursue further appeals, potentially reaching the Supreme Court, which could extend proceedings well into the summer. However, the Department of Justice has requested that if they win, the decision be promptly sent back to the trial court to resume proceedings. This raises the question of whether Trump will appeal this decision, further affecting the timing of the trial, which is currently on hold.
Ultimately, the Supreme Court will likely have a say in the timing of this trial. Should Trump continue to pursue appeals, the question of whether the trial will take place before the upcoming election remains uncertain. The next few days and weeks will prove crucial in determining the outcome of this legal battle.
