Three Thousand Dollars may be peanuts to former President Donald Trump, but it’s coming his way following the Supreme Court’s Friday order remanding the 2020 election case filed against him by Special Counsel Jack Smith to the D.C. Circuit Court of Appeals and vacating the lower court’s judgment, pursuant to its presidential immunity decision.
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the Legality of the Whole Trump Prosecution
The order itself, which may be viewed below, is fairly pro forma. Following the Supreme Court’s July 1 decision regarding the scope of presidential immunity, the matter needed to be sent back to the lower court(s) for further proceedings consistent with that decision. The order simply confirms that the Court of Appeals’ February 6, 2024 judgment (affirming the District Court’s order denying Trump’s motion to dismiss on the basis of immunity) is vacated, and the case is returned to the Court of Appeals.
In addition, the order awards Trump the costs he incurred in appealing the case to the Supreme Court, to the tune of $3,232.80.
Following the Supreme Court’s order, the Court of Appeals then ordered the case remanded to the District Court “for further proceedings consistent with the Supreme Court’s opinion.” This means the case returns to Judge Tanya Chutkan, who will now be tasked with determining which of Trump’s acts in question are “official” versus “unofficial.” No word yet on what sort of briefings or evidentiary hearings Chutkan will request in the matter, but presumably, we’ll be seeing renewed activity in the matter shortly, particularly since Jack Smith is no longer tied up (for the moment) in actively prosecuting the classified documents case in Florida.
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In the meantime, hopefully, the former president will appreciate having a few more bucks back in his wallet. (Just don’t tell New York Attorney General Letitia James.)
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