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Rational Security: The “Dry January” Edition

The Lawfare Podcast

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Legal Issues Surrounding Trump's Appeal of Immunity Decision

This chapter discusses Trump's appeal of the immunity decision and the argument he presents regarding the double jeopardy clause. The American oversight brief does not address the double jeopardy issue adequately, and it is mentioned that even if the DC Circuit decides they don't have jurisdiction for the interlocutory appeal on immunity, they will still need to address the double jeopardy clause. The brief suggests the court could exercise hypothetical jurisdiction, but there are reservations about this.

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