I have a process question. Is the following right (if not please correct):
Trump is entitled to an interlocutory appeal on his presidential immunity and double jeopardy arguments, and he noticed his appeal to the DC circuit shortly after Chutkan's denial of those motions. And the interlocutory appeal comes with an automatic stay such that no "burdens of litigation" in the lower court fall on him during the appeal.
But he is NOT entitled, now or ever, to have the Supreme Court review his appeal if he loses in DC. Nor is he entitled to a stay of trial proceedings if the DC circuit rules against him while he petitions for cert himself. He can ASK Chutkan, or the DC circuit, or SCOTUS for a stay while SCOTUS considers whether to take his case, but unlike the current situation he has no guarantees.
Is that right? And if so, does that sort of box him in in terms of what arguments he can make? If he argues that this case is not of general interest to SCOTUS or does not meet the standard for SCOTUS review, then he undercuts the petition he will want to file if he loses in the DC circuit. Will courts look favorably on "I just want to delay the trial by at least 8 months so please take your time in hearing my appeal" types of arguments?
Well, I learned something new ... again! 😃
I have a process question. Is the following right (if not please correct):
Trump is entitled to an interlocutory appeal on his presidential immunity and double jeopardy arguments, and he noticed his appeal to the DC circuit shortly after Chutkan's denial of those motions. And the interlocutory appeal comes with an automatic stay such that no "burdens of litigation" in the lower court fall on him during the appeal.
But he is NOT entitled, now or ever, to have the Supreme Court review his appeal if he loses in DC. Nor is he entitled to a stay of trial proceedings if the DC circuit rules against him while he petitions for cert himself. He can ASK Chutkan, or the DC circuit, or SCOTUS for a stay while SCOTUS considers whether to take his case, but unlike the current situation he has no guarantees.
Is that right? And if so, does that sort of box him in in terms of what arguments he can make? If he argues that this case is not of general interest to SCOTUS or does not meet the standard for SCOTUS review, then he undercuts the petition he will want to file if he loses in the DC circuit. Will courts look favorably on "I just want to delay the trial by at least 8 months so please take your time in hearing my appeal" types of arguments?