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In reply to the discussion: Trump does not have presidential immunity in January 6 case, federal appeals court rules [View all]onenote
(46,009 posts)The DC Circuit's mandate is stayed until February 12. If between now and then, Trump goes directly to the SCOTUS with a petition for a writ of certiorari, the mandate will be withheld pending resolution of the petition. If its denied, the mandate then issues. If its granted, it will be up to the Supreme Court to decide whether to stay the Ct of Appeals decision.
On the other hand, if he goes for rehearing en banc, the mandate will issue unless the court of appeals agrees to hear the case en banc in which case the stay will be imposed. It is more likely than not that the court will refuse a request to rehear the case. If the court denies the rehearing en banc request, the mandate will issue until the Supreme Court ( assuming Trump goes there after the denial of rehearing en banc ) decides otherwise.