NO WAY OUT

The Federal Court of Appeals in D.C. ruled yesterday that Donald Trump does not have immunity from criminal prosecution. So, what did his lawyers do next? Preparing to file meritless motions to dismiss the Florida case, including one that claims presidential immunity. Excuse me, but if you don’t have immunity in D.C., you don’t have it in Florida either. This is nothing more than creating more delays in that case. Of course, Trump could be thinking his buddy Aileen Cannon will grant it, but she’d better be careful-the Eleventh Circuit already put her back in her place once. The reasoning behind the D.C. Circuit’s decision was clear and supported by strong case law, but the man is not going to give up or go away quietly.

As the D.C. Circuit COA intimated, Trump is like any other defendant who can prove his innocence through evidence. Of course, he has none. Every day, it seems that someone else from his administration either has or will testify against his actions both before and after January 6. He was not acting within the scope of the presidency when he incited a riot, filed frivolous lawsuits-all of which were dismissed-and continued to claim that he lost through fraud. He wasn’t acting as a candidate either. The election was over, and he had the worst case of sour grapes known to man. That is what propelled him to do what he did, not any belief in any alleged fraud.

Trump’s attorneys have indicated that they plan to appeal the ruling, which comes as no surprise, but they also know that until that ruling is overturned, he has no immunity. Yet, they filed a “motion to file motions” in the Florida case, one of which claims immunity. According to Newsweek, he further plans to file a motion that he was protected by the Presidential Records Act, which Trump’s attorneys clearly have not read. That Act works against Trump, not for him. With respect to immunity, Trump’s favorite foil, George Conway, wrote an opinion for The Atlantic called “An Airtight Ruling Against Trump.” Conway said that the moment he heard the decision, he thought back to United States v. Nixon. He called the Trump decision one of the best he’s read in law school and as a lawyer. George Conway is a constitutional lawyer, and he is the one who got past immunity in the Paula Jones case against Bill Clinton. He said about the D.C. Circuit’s ruling: “It’s a masterful example of judicial craftsmanship on many levels” and said that the Court “… patiently, painstakingly, and unsparingly …” ruled against every one of Trump’s arguments.

If Conway is right-and we have no reason to believe he’s not-SCOTUS might well decline to hear Trump’s appeal, let alone produce a different ruling. As far as Conway is concerned, the D.C. COA’s ruling was: “Unanimous. No air. Tight as a drum.” Now, Trump is trapped in a messy stew of his own making. He needs to get some good crispy bread and start sopping it up. It will be better than what he gets to eat in confinement.