Trump isn't going to be happy about the judges hearing his appeal

[onenote]

He got a small victory in that the court won't hold oral argument until November 30, which means the release of the documents will be on at least until the beginning of December. But the three judges who will hear the case are:

Judge Millet (appointed by Obama)
Judge Wilkins (appointed by Obama)
Judge Jackson (appointed by Biden).

I wouldn't be surprised if he tried to get Jackson knocked off with some sort of bogus conflict of interest argument (that should fail).

[Just_Vote_Dem]

1. Can he appeal to SC? n/t

[onenote]

2. After the DC Circuit rules, yes.

But he'd after to try yet again to get a stay unless, as seems unlikely, the DC Circuit rules against him but gives him a stay pending SCT review.

[bluestarone]

10. Just gotta ask this

Why couldn't the DC Circuit have just REFUSED his appeal? Seems like it's going to the SC for sure anyhow. Let them have the last word, instead of waiting 19 days, THEN appeal and another 30 days will go by. PUNT IT TO THE SC NOW!

[onenote]

12. Because that's not what courts do.

there are rules governing appellate procedure.

[bluestarone]

13. What if they decide AGAINST TFG?

Couldn't they have done that?

[onenote]

14. No.

Parties in District Court litigation can appeal an adverse decision "as of right." While theoretically either party can file a motion asking the court to grant or deny the appeal "summarily" -- that is rare and, in any event, would still require the opposing side to be given an opportunity to oppose the motion. In practice, summary disposition of an appeal is extremely rare. Instead, the court sets a briefing schedule and, in most cases, designates the date for oral argument (although a court could decide to decide an appeal "on the papers" without oral argument).

The DC Circuit could have denied Trump's motion for an administrative injunction, but it wasn't opposed by the Committee and it wouldn't have mattered anyway since the court was all but certain to grant the administrative injunction since without it, the court would have been deprived of jurisdiction to consider the appeal (because it would have become moot).

[bluestarone]

15. TY

This is a great place to learn!!

[ratchiweenie]

28. So an appeal from the D.C. Court goes directly to the Supreme Court? I thought each District Court

appealed to one specific judge to decide if they would take the case. Is that not true of the D.C. Circuit?

[SheCat]

3. Yes

But, they could just deny Cert outright. Thomas and Alito will definitely want the case. The others others are up for grabs. Yes, 3 are appointed by trump, but they have bucked him before.

[C_U_L8R]

4. Just wait until he sees the bill from his lawyers.

Who knew that much losing could cost so much.

He's gonna go apeshit in a spectacular shower of orange goo.
Thank goodness Twitter took his microphone away.

[11 Bravo]

5. Wait until his lawyers learn he's going to stiff them.

[leftieNanner]

6. Good luck to those lawyers

trying to collect after he loses.

Although, if they were smart, they would have required a large retainer up front.

[Prof. Toru Tanaka]

7. I want him angry and pissed at all times.

I want his BP to ring the bell. Hopefully a stroke or massive heart attack is in his near future. His demise will be a good day for this country.

Keep sucking down those Big Macs and junk food, Trump.

[Aristus]

8. No doubt, Professor.

But if TFG has a non-fatal stroke or something before Election Season 2024, the GOP will just prop up his drooling carcass and run him anyway.

[ZonkerHarris]

22. Don Jr as puppetmaster. "I love the brain dead!"

[Kablooie]

9. He's had astronomical lawyer bills his whole life.

Why would one more bother him?
Some he doesn't pay, I'm sure others are paid from settlement fees.
It's something that has never bothered him at all.

[ZonkerHarris]

23. any lawyers that do get paid get it from the PAC and the fundraising money

Not Donnys wallet

[erronis]

19. Don't you worry about the bill. tfg has oligarchs and libertarian billionairs backing him.

Same as all the rest of the crapola that is happening.

Money is pouring in (or being printed or injected into the banking system) from lots of sources wanting to see this little democratic experiment fail after 250 years.

[shanti]

27. Exactly n/t

[Fiendish Thingy]

11. Good news- so the appeals court must have issued a stay, but the panel is better than feared. Nt

[Bev54]

16. Why don't they just do an en banc hearing so we can skip another delay that Trump

will request.

[onenote]

25. In theory they could, but they won't

It's quite rare for an appellate court to hear a case en banc in the first instance. And doing so won't save much time since it a request by Trump for rehearing en banc almost certainly would be denied immediately (it takes the vote of a majority of the active judges to order en banc hearing and the court currently has 7 Clinton/Obama/Biden appointees and only 4 trump/bush appointees).

And a hearing en banc would probably take longer to resolve and would increase the chances of dissenting opinions.

[Silent3]

17. Are you saying an injuction was issued until then, however?

Not hearing the case until the 30th, in and of itself, does not automatically mean an injunction goes into effect until then. The National Archives are should be free to release the documents on Friday unless they have specifically been enjoined against doing so.

[ShazzieB]

21. Read this; it should answer your question.

https://www.npr.org/2021/11/11/1054837174/federal-appeals-court-temporarily-halts-trump-document-release-to-jan-6-panel

A federal appeals court has agreed to temporarily halt delivery of presidential records to a House committee probing the Jan. 6 attack on the Capitol, handing former President Donald Trump his first win after a series of legal losses at a lower court.

The U.S. Court of Appeals for the D.C. Circuit said Thursday that it would grant the delay, giving its judges more time to review the case. The appeals court will hold oral arguments on Nov. 30, and the case could eventually be appealed further to the Supreme Court.

More at the link.

[Silent3]

24. Fuck, fuck, fuck

I am SO fucking sick of the courts being so damn willing to enable these obviously meritless delay tactics.

[oldsoftie]

18. Seems like even Trump appointed judges rule against him too though

Thats an even bigger smack

[LetMyPeopleVote]

26. Worst possible outcome for Trump's delay game in DC circuit

Link to tweet

[Tribetime]

29. He's filling his diaper right now