NOW: The DC federal judge now handling Trump's fight with House Dems and NY over access to his state tax returns won't rule yet on whether to grant Trump's emergency relief to stop Dems from requesting the docs – he just now ordered the parties to try to come to an agreement
Basically, the judge appeared reticent to issue an order when there are concerns about intruding on Congress's functions, but he was very concerned that absent at least an assurance the docs wouldn't be produced in the meantime, Dems and NY could make the case moot overnight
The parties were ordered to meet and confer to see if they could reach a voluntary agreement (such as, Dems and NY agree to preserve the status quo), and to file a status report by 6pm tomorrow that either reflects an agreement or explains that they couldn't reach one
In a reply brief today, Trump's counsel for the first time suggested the judge could enjoin NY from producing the docs, as opposed to an order enjoining Congress from acting. But NY said they may want to argue the DC court lacks jurisdiction over the state officials sued
The judge did suggest he's not sold on House Dems' argument that they're entitled to absolute immunity from being sued over requests for information. But absent the House actually making a request and seeing what it looks like, he said he couldn't make that determination now
The judge (Judge Carl Nichols), urged the parties to come up with an agreement that ensures Trump's claims don't become moot, that treads "lightly" given Congress's Speech and Debate Clause immunity argument, and that ensures the court doesn't rule on issues until they're ripe
Which is to say – see you all again at 6pm tomorrow
To be clear – there is no order right now blocking Dems from requesting Trump's state tax returns from NY. The judge only said he expected they wouldn't do so before the 6pm status report deadline tomorrow. So they risk really ticking off the judge, but technically they could
NOW: Lawyers for Trump, House Dems, and the state of NY filed a status report alerting the judge they are "unable to reach agreement" on how to proceed in the legal fight over whether Dems can invoke a NY law to get Trump's state tax returns assets.documentcloud.org/documents/6226…
Recall Trump wanted an order blocking Dems from requesting his NY tax returns while the case goes forward. Dems argue they're totally immune, so any order would be wrong. NY wants to contest the DC court's jurisdiction. The judge yesterday told them to try to work something out
In today's status report, the three parties indicate their positions basically haven't changed. Trump is proposing requiring House Dems or NY to give advance notice if they want to invoke the NY law and build in a delay to allow time for litigation
House Dems (the Ways and Means Committee) maintain that under the Constitution's Speech or Debate Clause they are immune and that SCOTUS and DC Circuit precedent back them up. They're okay with relief that doesn't involve them (aka perhaps an injunction against NY)
This appears to be the most significant part: NY wants to first contest the DC court's jurisidiction, BUT, in what appears to be a potential concession, they say they'll agree to delay acting on any request by House Dems for Trump's state tax returns until the judge rules
NY's proposal would mean House Dems could still *ask* for Trump's state tax returns (they haven't done that yet), but NY state officials would delay *acting* on that request until after their threshhold issues re: jurisidiction and venue are litigated
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Interesting hearing this evening in Missouri’s lawsuit seeking to block DOJ from sending two election observers to monitor a St. Louis polling site on Election Day. No ruling from the bench (recap below)
Complaint: assets.bwbx.io/documents/user…
DOJ oppo: assets.bwbx.io/documents/user…
Missouri argues state law spells out who can enter a polling place to observe and DOJ monitors aren’t covered. DOJ says there’s a 2021 settlement with the St. Louis board of elections for ADA violations re: disability access that allows this
But Missouri AG says it appeared it was news to state officials that this agreement was in effect, and more broadly, that the board lacked authority to enter into the monitoring term in the first place. Which raises some Qs for the judge...
Hello on this stunning September morning from the DC federal courthouse, where Judge Tanya Chutkan is holding the first hearing in the Trump case since SCOTUS kicked it back to her. Trump won't be here. Waiting to see what kind of schedule Chutkan will set for the next round of fights over the future of the indictment bloomberg.com/news/articles/…
Trump's lawyers all just entered the courtroom, and also thrilled to report that courthouse security dog Legend is here and continues to be a Very Good Dog (no pics allowed I'm afraid)
Hello from the DC federal courthouse, where Rudy Giuliani is waiting to get through security as jury selection is set to begin this a.m. to determine how much in damages he'll owe two Georgia election workers who sued him for defamation. Stay tuned.
And jury selection is just getting underway in Rudy Giuliani's damages trial -- Judge Beryl Howell, who was not amused that Giuliani was not in the courtroom at 9am when they were supposed to begin, is presiding
After a few hiccups related to the list of prospective jurors, *now* voir dire is officially underway in the defamation damages trial against Rudy Giuliani
BREAKING: A Colorado judge has ruled that Donald Trump can appear on 2024 ballots - she found that he *did* engage in insurrection by inciting the Jan. 6 attack, *but* that the Constitutional prohibition does not apply to the presidency. More to come. assets.bwbx.io/documents/user…
NEW: A Colorado judge found Donald Trump engaged in insurrection by inciting the Jan. 6 attack.
But she held the Constitution's insurrectionist ban didn't apply to a president/the presidency, meaning he'll appear on 2024 ballots.
Lawyers for the Colorado voters who brought the insurrection disqualification case against Trump say they'll appeal to the Colorado Supreme Court. Whoever loses there can petition SCOTUS to intervene bloomberg.com/news/articles/…
Today at 10am: Prosecutors will make their case before a DC federal judge for a partial gag order restricting what Donald Trump can say about the election obstruction case against him.
On how as long as Donald Trump is facing criminal charges and civil claims in court, what he says and does in the outside world can have consequences in a courtroom: bloomberg.com/news/articles/…
Chutkan begins by swiftly resolving an issue raised by the govt over how to handle a future defense survey of the potential jury pool in DC. Judge is okay with defense agreement to give advance notice, timing, sample size, doesn't see need to micromanage further at this point
Justice Clarence Thomas's 2022 financial disclosure is in, noting three trips w/ expenses paid for by Harlan Crow:
Thomas notes 2014 sale of properties to Crow (1st reported by ProPublica), saying he "inadvertently" didn't realize that should be reported assets.bwbx.io/documents/user…
Justice Samuel Alito's 2022 disclosure is also out now:
No travel reported paid for by individuals, no note re: ProPublica reporting on earlier luxury trip reimbursed by GOP donor Paul Singer (Alito has publicly defended this/denounced the reporting)assets.bwbx.io/documents/user…
Justice Clarence Thomas:
- reported three 2022 trips w/ expenses paid for by Harlan Crow
- said he "inadvertently" didn't realize he had to report 2014 property sales to Crow
- defended not reporting earlier "personal hospitality," private plane trips bloomberg.com/news/articles/…