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What is the "en banc" hearing that Trump's lawyers might file to an appeals court? (Original Post) Botany Feb 2024 OP
All of the judges in the DC Federal Court Bmoboy Feb 2024 #1
So..more delays? Deuxcents Feb 2024 #2
Only until Monday Fiendish Thingy Feb 2024 #6
Unless they grant cert and stay the ruling Fullduplexxx Feb 2024 #8
I would say the odds are against cert being granted Fiendish Thingy Feb 2024 #10
A little, but... Happy Hoosier Feb 2024 #7
Yup, and you need a majority of the court to accept getagrip_already Feb 2024 #3
All of the judges on the DC Circuit hears the appeal LetMyPeopleVote Feb 2024 #4
Don't you know tRump has a phone bank of people who plead or threaten all who get in his way? flying_wahini Feb 2024 #5
And those people in some cases are Russian or Russian cut outs Botany Feb 2024 #11
SCOTUS isn't going to save him Johnny2X2X Feb 2024 #9
Donny might be very upset to learn that even the ones he appointed tanyev Feb 2024 #12

Bmoboy

(387 posts)
1. All of the judges in the DC Federal Court
Tue Feb 6, 2024, 12:04 PM
Feb 2024

Today's ruling came from a 3 judge panel. "En banc" means all the judges in the district.

I think that is nine - the chief and 8 associates.

Fiendish Thingy

(17,649 posts)
6. Only until Monday
Tue Feb 6, 2024, 12:27 PM
Feb 2024

That’s Trump’s deadline to appeal. Once he does, the en banc court can deny cert, then goes to SCOTUS, where they too can deny cert (they don’t want to touch this, which is why they refused Smith’s request for expedited review and sent it back to the lower court)

Fiendish Thingy

(17,649 posts)
10. I would say the odds are against cert being granted
Tue Feb 6, 2024, 12:46 PM
Feb 2024

SCOTUS doesn’t want to touch this case, which is why they denied Smith’s request for an expedited hearing and sent it back to the lower court.

I will be surprised if this SCOTUS, which has ruled against Trump in every case that has come before it, grants cert.

Note: they could extend the stay while they are deciding whether to grant cert, but that would likely only be a matter of a few weeks or perhaps a month at most.

Happy Hoosier

(8,234 posts)
7. A little, but...
Tue Feb 6, 2024, 12:31 PM
Feb 2024

they'd need a majority of the court to accept the en banc request, which seems unlikely. The 3-judge panel was unanimous, which suggests the court isn;t seriously divided. There are exceptions of course, but I think they'll deny the en banc.

getagrip_already

(16,980 posts)
3. Yup, and you need a majority of the court to accept
Tue Feb 6, 2024, 12:12 PM
Feb 2024

So 5 of the 9 would have to accept the case. Since 3 already voted no, trump would need 5 of the remaining 6 judges to agree to hear the case.

At most, he would buy until their next full panel meeting. Might be a week, might be a month. Depends on the court.

LetMyPeopleVote

(152,812 posts)
4. All of the judges on the DC Circuit hears the appeal
Tue Feb 6, 2024, 12:14 PM
Feb 2024

The case is only stayed until Monday. The stay is only lifted if TFG appeals to the SCOTUS. An appeal for en banc hearing will not affect the fact that Judge Chutkan can proceed with this case starting one week from today



flying_wahini

(7,875 posts)
5. Don't you know tRump has a phone bank of people who plead or threaten all who get in his way?
Tue Feb 6, 2024, 12:27 PM
Feb 2024

His weasel troops are probably puncturing tires as we speak.

Botany

(72,019 posts)
11. And those people in some cases are Russian or Russian cut outs
Tue Feb 6, 2024, 12:49 PM
Feb 2024

Russia and Putin are still conducting a war on America.

Johnny2X2X

(21,264 posts)
9. SCOTUS isn't going to save him
Tue Feb 6, 2024, 12:45 PM
Feb 2024

They want nothing to do with this case. Allowing a president to commit crimes would basically nullify our Constitution. Trump is going to trial.

tanyev

(44,104 posts)
12. Donny might be very upset to learn that even the ones he appointed
Tue Feb 6, 2024, 02:13 PM
Feb 2024

don’t need anything from him anymore—they’re there for life, if they so choose. May the ketchup run like a river at Mar-a-Lago.

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