Following what is happening to Donald Trump in court is a little like a soap opera — a lot of little things happening all of the time that makes you wonder when it is time to write about the latest maneuvering. This week, however, seems to be shoehorned around two very consequential events.
First, on Tuesday, we got the decision from the U.S. Court of Appeals for the D.C. Circuit on the appeal of the ruling denying Trump’s motion to dismiss the January 6 case. The opinion was a per curiam opinion. For those who are not lawyers, most opinions identify the author. A per curiam opinion is on behalf of all of the judges who heard the case and does not identify a specific judge as the author. There are a variety of reasons why courts opt to issue such opinions. The reasons that most likely apples here is to emphasize that this opinion is the unanimous opinion of all of the judges.
The opinion is rather long (fifty-seven pages). After initially determining that the trial court’s decision on Trump’s motion to dismiss charges could be appealed now (most decisions can’t be challenged until after the case goes to trial), the judges systematically demolish all of Trump’s claims on why a former president can’t be charged for criminal conduct committed while in office. They also reject Trump’s attempt to change his position from 2021 and argue that the decision of 43 Senators to not remove Trump from office after his term ended barred criminal charges on double jeopardy grounds. The most important part of the ruling was not on the merits. Rather it was a procedural decision.





