WTF Just Happened Today

Thursday, December 28, 2023

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1/ The Supreme Court rejected special counsel Jack Smith’s request to immediately decide whether Trump is immune from prosecution for bid to overturn his 2020 election loss. The decision raises the possibility that Trump’s federal 2020 election trial will be delayed beyond its scheduled March 4 start date – the day before the Super Tuesday primary contests. A federal appeals court, meanwhile, is simultaneously considering the issue. Arguments before the court are set for Jan. 9, and the losing party will likely appeal and send the matter right back to the Supreme Court early in the new year. (New York Times / Washington Post / NBC News / Bloomberg / Wall Street Journal NPR / Axios / Politico)

2/ Trump urged a federal appeals court to dismiss special counsel Jack Smith’s criminal election subversion case, arguing – again – that he is “absolutely immune” from prosecution because plotting to overturn the 2020 election was related to his official duties as president. Trump argued that no current or former president may be criminally prosecuted for “official acts” unless they have been impeached and convicted by the Senate. Since he was twice impeached but acquitted, Trump claims he has “absolute immunity.” The move came a day after the Supreme Court refused to fast track consideration of whether Trump should be immune from prosecution. (NPR / Politico / CNN / Bloomberg / New York Times)

3/ The Michigan Supreme Court rejected an attempt to keep Trump off the state’s 2024 primary ballot based on the Constitution’s “insurrectionist ban.” The ruling contrasts a recent ruling from the Colorado Supreme Court, which removed Trump from its primary ballot because of his role in the Jan. 6 Capitol riot – the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate. That decision has been paused pending an appeal, which the U.S. Supreme Court is expected to hear. (Associated Press / CNN / New York...

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