January 6th legal proceedings and investigations megathread

[2016]

https://twitter.com/kyledcheney/status/1754582559411826769

That's it! Congrats Donald Trump!

To Garland + DOJ. You screwed us big time.

[President Johnson]

Send a big Thank-you letter to the Supreme Court. They should have taken Smith's case and immediately rule that the immunity claim is a bunch of nonsense. It's a joke this stuff can be dragged out so long.

[wbrocks67]

Am I reading that wrong though? It sounds like if it ends up in her docket later this summer, she'd rather stay and do it than delay it and continue with her foreign trip?

[GeorgiaModerate]

Am I reading that wrong though? It sounds like if it ends up in her docket later this summer, she'd rather stay and do it than delay it and continue with her foreign trip?

That is how I read it as well.

[emailking]

Yeah she doesn't know any more than the rest of us as to when she gets the case back. Sounds like a worse case assessment to me.

[brucejoel99]

🚨🚨🚨🚨
https://twitter.com/kyledcheney/status/1754883119717462337

The DC Circ. norm is to drop opinions on Tuesdays & Fridays.

Today could be the day!

we were so close!

[brucejoel99]

Unanimous:

https://twitter.com/emptywheel/status/1754884107123732701

[wbrocks67]

FINALLY

[wbrocks67]

Jan 6th trial is back on the menu, boys

[brucejoel99]

Thank you, Judge Henderson!
https://twitter.com/klasfeldreports/status/1754885068005257628

[GeorgiaModerate]

IANAL, but after a quick skim of the order it reads to me like the panel really hammers Trump's arguments into the ground.

[Sir Mohamed]

Based!

[Roll Roons]

Inb4 SnowLabrador says this helps Trump.

[GeorgiaModerate]

This part particularly stood out to me:

At bottom, former President Trump's stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches. Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter.

[Ferguson97]

Trump will obviously appeal, and Alito and Thomas will obviously rule in his favor. Roberts and the liberals will rule against him. So how do the Trump judges rule? We’d only need 1 of them.

[GeorgiaModerate]

Trump will obviously appeal, and Alito and Thomas will obviously rule in his favor. Roberts and the liberals will rule against him. So how do the Trump judges rule? We’d only need 1 of them.

I think there's a good chance the Court would deny cert and not even hear it, but if they did I'd expect at least 7-2 against Trump.

[Sir Mohamed]

Trump will obviously appeal, and Alito and Thomas will obviously rule in his favor. Roberts and the liberals will rule against him. So how do the Trump judges rule? We’d only need 1 of them.

I think there's a good chance the Court would deny cert and not even hear it, but if they did I'd expect at least 7-2 against Trump.

Yup. Even a partisan hack justice must realize that ruling in favor of unlimited presidential immunity is bad in the long run because each other prez to come could invoke this case for massive abuse.

[wbrocks67]

Yeah, even if this goes to SC, there's no way they'll rule in Trump's favor. I think it may be even more realistic that they won't even hear it though.

The question though if it does go to SC will be how long they take to hear it.

[Storr]

The panel consisted of 2 Biden appointees and 1 G.H.W. Bush appointee. Inb4 MAGA starts calling Karen Henderson a fake conservative or something else despite in 2017 arguing "that an undocumented immigrant is not a "person" under the United States Constitution and so does not have rights under the Due Process Clause."

[Beet]

This is the first time something has not gone Trump's way in a while. Cherish it while it lasts.

[Pres Mike]

This is the first time something has not gone Trump's way in a while. Cherish it while it lasts.

No one was expecting it to go Trump's way, there is a liberal majority on the appeal court

[Pres Mike]

I don't know how the Supreme Court will rule, but I don't expect a decision until June. Lets be honest, like Dobbs and students loans the SC always wait until the last second

[soundchaser]

There's a very pointed "Kavanaugh, J., concurring" on page 24 of this decision.

(My hunch is also that they'll refuse to hear the case.)

[wbrocks67]

I don't know how the Supreme Court will rule, but I don't expect a decision until June. Lets be honest, like Dobbs and students loans the SC always wait until the last second

True, though even June is fine. I would imagine if that was the case, the trial would probably be scheduled then for something like August and easily finish before the election.

[wbrocks67]

https://twitter.com/steve_vladeck/status/1754894893669831125