The DC Appeals Court ruling on immunity has identified a 5 D Chess dilemma unfolding before our eyes.
Jack Smith unlawfully appointed means he cannot act on behalf of the US Government.
Now comes the fun
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DJT stops proceedings with immunity appeal
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Jack freaks out and asks SC to skip DC Appeals
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Meese and Professors call out Jack as unlawful ( This was actually done to help Jack. Never trust Academia, they used "the name" of a 92 yr old man to rush the question before DJT wanted it brought out)
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SC rejects Jack's request without giving a reason so we have no idea if the reason was as Meese says, Jack has no authority to speak to SC. We still Face that question
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DJT lawyers were told to be prepared to respond to Meese's brief
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DJT lawyers said "Not at this time" so Appeals Judges couldn't address it in the ruling
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DC Court of Appeals made up their own rules giving DJT 6 days instead of 90 to file with SC but also stated their weakness that if En Banc takes the case then it will be stayed again.
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DJT appears to have only 1 option and allow a rushed SC hearing ( NOT)
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DJT can allow Chutkan to get the case back then wait a couple of weeks, file a motion to dismiss the case based on unlawful appointment of Jack, starting the whole process over on this issue. The advantage to this would be to get past April when SC stops hearing cases and schedules any new case for next term.
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When Jack requested SC take the case away from DC Appeals he never went through the Solicitor General ( because he has no right to represent the USA)
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SC must first address whether Jack can even be there to argue DJT's appeal. WOMP WOMP WOMPThe Dilemma
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DJT has not asked a Court to answer that question yet so how does this play out?
Possibilities
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SC demands Jack answer in a brief ( not likely)
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SC demands Solicitor General to answer in a brief ( more likely)
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SC allows DJT to argue but not Jack (interestingly possible)
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SC denies cert outright based on Jack not being lawful and directs lower Court to hear the issue by saying the subject is not ripe due to the unresolved question ( most likely scenario)