'Extremely unlikely' Trump's back-pocket delay option will work: former judge
February 12, 2024
When former President Donald Trump filed a request for the Supreme Court to stay the D.C. Circuit's ruling against his immunity claim from the federal election conspiracy case, he suggested that even the Supreme Court itself should wait if they can get the D.C. Circuit to rehear the case en banc, or by the entirety of the judicial body on the circuit.
But Trump should be astonished if he gets the appellate court to do that, former federal judge Nancy Gertner told CNN's Anderson Cooper on Monday.
"Judge, what would be the likelihood that the full D.C. appeals court would overrule that three-judge panel ruling on immunity?" asked Cooper.
"Extremely unlikely," said Gertner. "In fact, I think that the time it took for this decision to come out was time that they took to make sure that there would be no dissenters, not only on the three-judge panel, but also on the D.C. Circuit."
In other words, Gertner said, the panel already made sure that the whole circuit would agree with their decision to rule out any need for an en banc ruling.
"I would imagine that that was what was going on," she said. "That the others on the full panel were even seeing this decision to make sure that it was bulletproof. So, I don't think that that would be a very substantial delay."
Watch the video below or at the link here.
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