The Trump team has filed to stay proceedings to "forestall, once again, an unprecedented and unacceptable departure from ordinary appellate procedures." Frankly, the Court should grant the stay in my view... s3.documentcloud.org/documents/2442…
...I previously said that the panel wrongly sought to curtail Trump's right to seek an en banc review. The motion first goes to Chief Justice John Roberts who will likely submit it to the full court for consideration.
...The Supreme Court previously declined to cut short Trump's appellate options. The difficulty is separating the stay from the merits. It is difficult to argue that Trump is likely to prevail on the merits of his immunity claim, which is quite sweeping. Yet, the effective negation of Trump's en banc option is troubling and, in my view, wrong.
...The panel only said that cutting short the appeal was based on “the imperative public importance of a prompt resolution of this case.” However, it is equally important to get a resolution right, not just fast. Possible en banc review is an important part of that process.
...Notably, the filing confirmed that Trump wants to file a petition for en banc review with the D.C. Circuit if the Court grants the stay to prevent the return of the mandate to district court to resume pre-trial proceedings.
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