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DC Circ. Ruling Puts Trump In Hot Seat — And On The Clock

Phillip Bantz
February 6, 2024

"As an overall matter, this is an exhaustive opinion that dissects and rejects Trump's arguments," former New York prosecutor Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC told Law360.

The 57-page opinion "makes plain the irony implicit in a president, whose solemn constitutional duty is to take care that the laws of this country be 'faithfully executed,' seeking to make himself the sole exception from obeying the law," Scholl added.

"The [D.C. Circuit] judges have strongly pushed Trump towards seeking review from the Supreme Court rather than trying for further delay by means of applications for rehearing or rehearing en banc," Scholl said.

He added: "Procedurally, the D.C. Circuit appellate panel has created a risk for Trump if he tries to seek a rehearing en banc instead of going to the Supreme Court."

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