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reporting to special counsel jack smith will square off in front of a three-judge pam of the court of appeals for the d.c. circuit. at issue whether trump has immunity for conduct he undertook as president or cannot otherwise face prosecution because it would represent double jeopardy. that s the legal issue. but what s most important here is the timing. trial court judge has determined she can t move forward until this issue is resolved. she entered an order on december 13 saying trump s appeal automatically stays any further proceedings that would otherwise move the case toward trial. but that stay could be lifted after the outcome of tuesday s argument. for sure, the losing side is going to appeal to the supreme court after perhaps first asking for the first court of the appellate court to hear the matter on bond. the losing party has 90 days to ask for supreme court review. as i detailed before, smith is eager to get trump tried before the election. trump, on the other ha

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