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Roger Parloff Profile picture
@rparloff
Nov 21 • 4 tweets • 2 min read Twitter logo Read on Twitter
Voters seeking to keep Trump off Colo ballot as an insurrectionist filed a 67-page appeal to the Colo supreme court last night. As you recall, the judge found Trump *did* engage in insurrection but that presidents weren't covered by § 3 of 14th Am.
/1bit.ly/47nTiui
Interestingly, altho Trump won the case below, his attys actually beat the petitioners' to the supreme court in seeking review of the ruling. They want to review the "multiple grave jurisdictional & legal errors" they see in the judge's ruling ...

/2bit.ly/3RaU4ow
I should say, Trump's filing above seeks opportunity for extended briefing—a 19K-word brief—& is not their appellate brief itself. They want to raise 11 issues on appeal. Below is my own simplified summary of some of the key contested issues Judge Wallace ruled on:
/3 Image
Petitioners also asked supreme court yesterday to reject Trump's request for extended briefing & to require his appellate brief to be filed tomorrow (!) with reply due Monday. Primary ballot must be certified by 1/4/24.
/4-end Image

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More from @rparloff

Roger Parloff Profile picture
Nov 20
Some notes on today’s D.C. Circuit arguments on Judge Chutkan’s limited gag order in the DC case. My highly subjective read is that the panel will narrow the order further, and tweak its language, but approve it in some form. ...
/1
Many observers had expressed concern over the vagueness of Chutkan’s use of the word “target” in her original order (below). Judge Nina Pillard (an Obama appointee) proposed substituting the words “comment about a witness because of witness’s participation in trial.” ...
/2 Image
Assistant special counsel Cecil VanDevander said he had no problem with Pillard’s proposed language. Trump’s appellate lawyer, D. John Sauer, said it would be “equally bad” as the original phrase and “trade one vagueness problem for another.” ...
/3
Read 10 tweets
Roger Parloff Profile picture
Nov 15
Yesterday a Mich. judge denied 2 suits seeking to keep Trump off the ballot as an insurrectionist. Formally, judge only denied efforts to keep Trump off the primary ballot, but he wrote a lengthy opinion that would bar keeping Trump off the general, too./1 bit.ly/3spLFo0
At first, the ruling is similar to the recent MN supreme court ruling: Political parties get to decide who to put on the primary ballot, even if ineligible. Since winner of primary might not be the party’s ultimate candidate, general election challenges are not yet “ripe.” ...
/2
... But then Judge James Redford goes on to opine broadly that judges should never rule on the ultimate question under § 3 of the 14th amendment—was Trump an insurrectionist? —because that's a “nonjusticiable political question” left to Congress. ...
/3
Read 5 tweets
Roger Parloff Profile picture
Nov 11
8 days ago Trump’s attys conveyed to Judge Chutkan, thru prosecutors, that Trump took “no position” on whether DC trial should be televised (below). Last night his attys spun 180° & demanded that his trial be televised while spewing a fire hose of attacks at prosecutors ...
/1 Image
... The filing is so extreme that one wonders if it is intended to achieve the opposite of the relief it nominally seeks. It tends to reinforce the rationale behind existing rules *against* cameras by showing the circus that a trial could become. ...
/2bit.ly/47tGSk5
Trump's filing makes 0 references to pertinent rules or cases. Instead, he levels 14 attacks on Biden for politically prosecuting him, with 3 references to “show trials,” 3 to “political trials,” & 1 to a trial bearing “all the ... badges of ... an authoritarian regime.” ...
/3
Read 6 tweets
Roger Parloff Profile picture
Nov 10
Judge Cannon’s order today not only postpones many trial deadlines in USA v Trump (MaL)—one by >17 weeks—but suggests she may allow an unprecedented approach to a CIPA issue that may force govt to bring an interlocutory appeal ...

/1bit.ly/40wataa
... The coming dispute involves Classified Information Procedures Act (CIPA) § 4, which permits the govt to turn over classified docs in discovery in a summarized or redacted form so the defense doesn’t see national defense secrets irrelevant to the case ...
/2
... CIPA provides that the way to do this is for the govt to show the docs & proposed redactions to the judge in a sealed ex parte procedure (defense not present) & for defense to simultaneously outline its defense theories to judge, also ex parte (govt not present). ...
/3 Image
Read 9 tweets
Roger Parloff Profile picture
Nov 8
A note on govt’s strong response to Trump’s argument—which initially gave me pause—that the impeachment clause bars a president from being prosecuted unless he is first convicted by the Senate after impeachment. (The Senate “acquitted” Trump, tho it voted 57-43 to convict) ...
/1
... Trump’s argument stems from the constitutional text that says punishment for impeachment is limited to “removal from office” but the party “convicted” is nevertheless subject to “indictment.” Trump says the Senate “acquitted” him, so he’s not subject to indictment. ...
/2 Image
... The govt responds that the text merely means that impeachment & indictment serve very different purposes and double jeopardy does not bar undergoing both. Framers said as much in constitutional debates, & there are two DOJ Office of Legal Counsel rulings so holding. ...
/3
Read 5 tweets
Roger Parloff Profile picture
Nov 1
Day 3 of the Colo trial to keep Trump off ballot as insurrectionist should begin any moment. I'll be following for @lawfare . We expect constitutional scholar prof. Gerard Magliocca of Indiana Univ school of law to testify for petitioners this morning. ...
/1
... Yesterday we heard from Dr. Peter Simi, of Chapman Univ., an expert in political extremism & political violence in the morning & from Bill Banks, a national security expert & professor emeritus from Syracuse, in the afternoon. ...
/2
... While I wasn't tweeting yesterday, Prof Banks testified that POTUS is the "commander" of the DC National Guard, and had power to deploy its 1,100 members as soon as he saw, on Jan. 6, that the Capitol was under siege & its defenders outnumbered ...
/3
Read 199 tweets

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