The appellate court rejected Donald Trump’s claim of presidential immunity, leading to his plan to appeal the decision.
Trump faces a fast-approaching deadline to file an appeal and has two main options.
“They wouldn’t cut out their colleagues like that without checking with them first. So, I think it’s understood that en banc [a full bench review in the appellate court] would not be granted,” law professor Josh Blackman said.
If he appeals to the Supreme Court, the case could be delayed for months, or it could resume at the district court level if the Supreme Court declines to take it up.
“They are trying to speed up the trial rather than afford en banc review by denying a stay. The courts are increasingly failing our constitutional government and endangering our democracy,” attorney Robert Barnes said.
“Rather than follow the rules as written and typically applied, they give Trump only 6 days to seek a stay from the SCOTUS, and they state that — unlike every other case — filing a motion for rehearing won’t delay [district court proceedings],” attorney William Shipley wrote.
Trump could also ask the full appellate court to rehear his appeal, but this would cause the case to resume at the lower court level.
The trial schedule remains uncertain, with potential trial dates ranging from late February to late summer depending on the court’s decisions.
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