The watchdog organization American Oversight, which is not a party to the case, successfully petitioned the U.S. Court of Appeals for the D.C. Circuit to accept its friend-of-the-court brief on the ground that it provides a “unique perspective.”
Indeed it does. The brief makes the apparently compelling argument that the court shouldn’t be hearing this appeal at all because it lacks jurisdiction — that is, the power to consider it in the first place. If the court agrees, it would mean dismissing the appeal and returning the case to U.S. District Judge Tanya Chutkan, abruptly aborting Trump’s best opportunity to delay the federal Jan. 6 trial.
He is innocent until proven guilty by a judge or jury, after all. Why would anyone be able to appeal a decision that hasn’t happened yet?
This is the point - he isn’t.
…of course, that was never going to stop him - the principle underpinning all of this is that the rules only matter to Trump and the GOP as far as they can be used to harm their enemies and protect themselves.