Trump Files Reply Brief to Government’s Immunity Response

Matt Gluck
Friday, February 16, 2024, 7:04 AM
Trump asserts that he, not the public, has a “right to a speedy trial.”

Published by The Lawfare Institute
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On Feb. 15, Donald Trump filed a reply brief to the government’s response to his application to stay the Court of Appeals for the D.C. Circuit’s Mandate rejecting Trump’s claim for absolute immunity from criminal prosecution in the Jan. 6 case against the former president. This reply comes after the government’s response on Feb. 14. 

Trump makes two primary arguments in the brief. First, he contends that the government’s effort to resolve the case quickly is politically motivated, asserting that the “right to a speedy trial belongs to the defendant, not, as the Special Counsel erroneously suggests, the amorphous ‘public.’” And second, that there is a “fair prospect” that the Supreme Court will reverse the D.C. Circuit’s decision. In support of this claim, Trump makes several arguments related to the text of the Constitution, historical interpretation and practice, and policy considerations. 

You can read the reply brief here or below. ​​

Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.

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