re: Help explain this new filing by Trump on the DC case posted by Julie Kelly.

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Obviously, the Court will not allow anything Trump asks for. What in your opinion does it look like for an appeal? Is there a solid basis for it?

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On the evidentiary issues? — tough to say before a ruling. In a normal situation, appeals courts don’t seem to like them. They give the trial judge a lot of discretion. Nevertheless, when there is something really new ( eg gps bugs), we see more of them

These cases are like no other. We don’t tend to prosecute former presidents. The propriety of even bringing the actions is something that seems to be better avoided. ( FWIW, I don’t think it should be done unless the ex President poses a current danger, e.g. selling nuclear secrets etc). Consequently, I do think an intermediate or USSC would let the person put in a fair defense

On other motions? I don’t know, but I think there are reasonable defenses raised by Trump. We can’t have sitting presidents have clear executive decisions subject to court review. If they weren’t styled as crimes or civil executive statutes and just on the permissibility of the actions, I’d hope the court would find the matter not justiciable ( ie a matter for executive and not judicial action with ballots and impeachments as the check.). For the state civil action though, I think Trump is fighting uphill. There is clear bias and animus against him and if fear that may be pervasive through the state courts