The watchdog organization American Oversight, which is not a party to the case, successfully petitioned the U.S. Court of Appeals for the D.C. Circuit to accept its friend-of-the-court brief on the ground that it provides a “unique perspective.”
Indeed it does. The brief makes the apparently compelling argument that the court shouldn’t be hearing this appeal at all because it lacks jurisdiction — that is, the power to consider it in the first place. If the court agrees, it would mean dismissing the appeal and returning the case to U.S. District Judge Tanya Chutkan, abruptly aborting Trump’s best opportunity to delay the federal Jan. 6 trial.
Hot jam, that’s some good lawyering. Basically you can’t appeal your case until you’re convicted of something, unless it’s otherwise specifically protected by law.
Nothing Trump is claiming immunity for is specifically protected by law, so he can only appeal after he receives judgment.
Which makes sense.
The supreme court decided this unanimously in 1989 and could actually prevent any form of appeal until judgment.
He is innocent until proven guilty by a judge or jury, after all. Why would anyone be able to appeal a decision that hasn’t happened yet?