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reporting to special counsel jack smith will square off in front of a three-judge pam of the court of appeals for the d.c. circuit. at issue whether trump has immunity for conduct he undertook as president or cannot otherwise face prosecution because it would represent double jeopardy. that s the legal issue. but what s most important here is the timing. trial court judge has determined she can t move forward until this issue is resolved. she entered an order on december 13 saying trump s appeal automatically stays any further proceedings that would otherwise move the case toward trial. but that stay could be lifted after the outcome of tuesday s argument. for sure, the losing side is going to appeal to the supreme court after perhaps first asking for the first court of the appellate court to hear the matter on bond. the losing party has 90 days to ask for supreme court review. as i detailed before, smith is eager to get trump tried before the election. trump, on the ot ....
Do absent congressional action. the 14th amendment section 5 says it s congress that shall enforce the 14th amendment through appropriate legislation. what we know is a that means in some cases we need congress to pass a law before judges can step in and enforce the provisions of the amendment. so again, i m happy to say there could be a law that says here s how you exclude a president, but i don t think without a law a judge, especially a state court judge, can exclude him. never before have we seen state court judges excludeing even state s officers without some authorizing legislation from the state. so this is a principle about limiting the scope of judicial power. it s not a principle about limbing the reach of the constitution. you argued and published for medium. i m going to put up what you published. you said the decision to remove trump would have none of these ....