Editor’s Note: This is the first of a two-column series on the timing issues arising out of Tuesday’s D.C. Circuit Court of Appeals ruling denying former president Donald Trump’s claim of immunity from criminal prosecution in connection with the federal election-interference indictment. The series will conclude with a second column on Saturday.
In my post Tuesday night, I tried to explain the one-page order the D.C. Circuit federal appeals court issued in conjunction with yesterday’s 57-page opinion denying former president Trump’s immunity claim. The order involved the timing of what’s known as the issuance of the “mandate” — basically, the court’s formal decision. The mandate conveys jurisdiction back to the District Court (where Judge Tanya Chutkan is presiding), which, in turn, must apply the Circuit’s ruling.
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