Juan Merchan

Trump Legal Issues Update including Calendar Wars

by Dave

The big question is what comes after the Hush Money case. I call this “calendar wars.” I really tried to adhere to the axiom, “Everything should be made as simple as possible but not simpler” often attributed to Einstein.

— Calendar Wars

The Hush Money trial starts March 25 and may go through mid-May, which would allow another criminal trial to begin. It is unclear which one – Documents or Jan 6 case. Trump’s team would like both delayed to post-November, but they could opt to accept a pre-election start date for the Documents case so they can push the more damaging Jan 6 case to after the election. For political purposes, always the less embarrassing case goes first. The Jan 6 case could be put on hold by the Supreme Court.

It is also been suggested by commentators that Judge Cannon might be more lenient to Trump’s delaying tactics with frivolous motions than Judge Chutkan. It looks hopeless that the Georgia trial case will start prior to 2025. But, we shall see.

Hush Money Case: There will be a lot of commentary connected with this trial. Republicans will certainly down play this case, claiming it should be a misdemeanor charge, rather than a felony.

Prosecutors have asked Judge Juan Merchan to order a partial gag order barring Trump from making or directing others to make public statements about potential witnesses, prospective jurors and members of the prosecution team and their families other than District Attorney Alvin Bragg. Trump can blast away at DA Bragg all he wants and has already made a lot of false statements. See link below:

CNN Fact check: Trump makes false and evidence-free claims at Manhattan courthouse

DA Alvin Bragg has described the case in terms of 2016 election interference, which I believe is correct. The secret payments to Stormy Daniels and Karen McDougal were done, so his election prospects wouldn’t be hurt by knowledge of these affairs. His reported sexual encounter with Stormy Daniels (Stefanie Clifford) was just one time. He suggested to her, that she could be on his show, “Celebrity Apprentice” but this never happened. She claims he tried to keep the affair alive but she rejected this. The affair with Karen McDougal lasted 9 months.

There has been a lot of contentious issues of who should be allowed to testify and what evidence is material to this case. Donald Trump will absolutely appeal any conviction and these pre-trial motions will be a part of his appeal. See link:

Link: Trump seeks to block Stormy Daniels, Michael Cohen from testifying at NY hush money trial

Jan 6 Case: Trump’s ex-presidential immunity case is now pending in the Supreme Court. What his lawyers want, is to put a hold on the start of the January 6 election obstruction trial. The Special Counsel urges the Supreme Court to either allow the Appellate court ruling to stand, and begin trial as soon as possible or to hear the case on a highly expediated schedule.

Most experts predict that Trump is destined to lose the case, so the issue is whether he can delay it to after the election. So far, no decision. Conservatives on the bench can hand Trump a victory, simply by taking up the case, and then pushing it to the next term to be decided. The three liberals probably have heard enough on this subject, and would be ready to rule against Trump immediately.

Documents case: Pre-trial motions keep going back and forth. Judge Cannon ordered documents unsealed so Trump’s team could know potential witnesses that could be called by the prosecution. Smith request a reconsideration of the order, and he may file an appeal if Cannon doesn’t reverse herself. Legal experts have generally sided with the prosecution, as it gives Trump’s team time to find ways of intimidating witnesses. Trump is well known for his attacks on just about everyone involved in a case against him.

Trump also filed a lengthy “motion to dismiss” brief, and Cannon wants separate briefs for each issue. The Rolling Stone’s lyric, “Makes a grown man cry” is probably resonating in the Smith’s office as Judge Cannon seems reluctant to rule against Trump. Presidential immunity is part of the motion to dismiss, and I’m thinking it is the quickest way to put the whole trial on hold. As discussed in “Calendar Wars” a lengthy hold on the Documents case could disadvantage Trump, as the more damaging January 6 case becomes the likely successor to the Hush Money case.

Judge Cannon has scheduled a hearing on March 1 to review delays in the trial date. The Special Counsel would like the trial to begin on May 20, 2024, but legal experts suggest this date is unrealistic.

Link: The Trump Docket: Jack Smith and Mar-a-Lago judge set for major showdown over protecting witnesses in documents case

Georgia Election Interference Case: We will know soon if DA Fani Willis affair with Nathan Wade will end in her disqualification. The entire conspiracy case disappears at this point! Just as I was ready to post this, Judge McAfee ordered Terrence Bradley, who was Nathan Wade’s partner and divorce lawyer, to answer additional questions, ruling that attorney-client privileges do not extend as far as he allowed before in the hearing.

Michael Roman and several other co-defendants in Trump’s election case are seeking Willis’ disqualification from the case on the grounds that she benefited financially from a “personal, romantic relationship” with Wade, who she hired for the case.

Judge has scheduled a hearing on March 1 on the Willis/Wade romance. I am hoping this does not derail the case.

No date has been set for conspiracy trial. It will be televised and a bit of a circus with all the lawyers defending 15 defendants. For this reason, I believe the Jan 6 federal case is, with the sole focus on obstruction of justice and interference in election proceedings by Trump, is still the most damaging. If Trump gets re-elected, the January 6 case will be sure be dismissed but the Georgia case will continue.

This sums up the four criminal cases. In related cases, Trump needs to come up with bond for the civil cases, which have been appealed. This is a very fluid story of what is possible. There’s the Colorado Disqualification case in the Supreme Court, which may rule in Trump’s favor. I would like this, as voters not judges, need to decide elections.

Stay tuned,

Dave

Quick updates on Trump’s Criminal Cases (Nov 13, 2023)

by Dave

Jan 6 election interference case: Trump’s legal team has asked the trial be televised. This is a non-starter as no federal criminal trial can be broadcast. Trial set to begin March 4. Gag order put on hold by Appeals court. The 3 judge panel will hear oral arguments Nov 20 on the gag order. March 4 is also super Tuesday Republican primary, where roughly 1/3 of all delegates are chosen.

Trump has filed for a dismissal of all charges. On Nov 5, the Special Prosecutors responded forcefully, as follows (from first sentence of arguments):

“Rather than challenging the indictment on its merits, the defendant’s motions (ECF Nos. 113 and 114) attack the indictment by mischaracterizing its allegations, raising inapposite hypotheticals, and advancing arguments that are long on rhetoric but short on law. Stripped of those distractions, the defendant’s statutory and constitutional claims are entirely meritless.”

Classified documents case: Still scheduled to begin May 20, 2024 in Ft. Pierce, FL. Judge Aileen Cannon, has ruled against moving the trial date to beyond November 2024. A meeting is scheduled for March 1, 2024 to reconsider the deadlines and Trump’s side can again argue that the start date is too soon.

GA Election Fraud conspiracy case: Right now (Nov 12), four guilty pleas have been accepted, so there are now 15 defendants in the case. As requirements of the plea agreements, each defendant must be willing to testify honestly for the prosecution. Note that the prosecution has indicated that they would like a March 4 trial start date, which coincides with the Jan 6 federal case in Washington.

As of November 6, defendant Harrison Floyd, a former Black Voices for Trump director, is requesting government agencies turn over 145,000 Fulton absentee ballots. Judge Scott McAfee will rule on Floyd’s request “in the coming days” according to news reports. Court observers expect more defendants to opt for plea deals in the coming weeks. Harrison Floyd might be one of them.

Judge Scott McAfee expressed concerns that the courtroom for the trial of 15 defendants is not large enough. He wants the trial to be as open as possible, which includes allowing the media to televise the proceedings.

Hush money case, which is still scheduled to begin March 25. Judge Juan Merchan has said he is open to reschedule this case and will hold a conference with attorneys in February 2024 on start dates. This is a criminal case, and Donald Trump is required to be present.

Scheduling these four court cases isn’t easy. The Hush Money case might be the shortest, and ready for trial, but the judge might hold off until the other cases are done.

Other court cases:

Minnesota Supreme Court refused to consider denying Donald Trump from running in the primaries. The suit is based on the Fourteenth Amendment, Section 3 which bars any candidate who has engaged in insurrection from holding office. The Court based their decision on the fact that primaries are a means of deciding the party’s candidate, not an election to a government position. I support this decision, because the outcome would be very undemocratic. Elections must be decided by the voters.

Those who wish to bar Donald Trump from the Minnesota, will have a second chance after he is on the ballot. A similar court case in proceeding in Colorado.

Stay tuned,

Dave