ICYMI: Yesterday, July 1, Donald Trump submitted a premotion letter (meaning asking for leave from the court to be able to file a motion) to file a motion to set aside the jury verdict based on SCOTUS' decision on Trump's criminal immunity.

The premotion letter notes that on March 7th, Trump filed a motion in limine (a pre-trial motion seeking a ruling from the Court) "to preclude evidence of his official acts based on the presidential immunity doctrine." Trump also sought a delay of the trial based on the pending SCOTUS oral arguments at the time.

Judge Merchan declined to delay the trial and also didn't sustain the defense's objections when the DA's Office used that evidence during the jury trial.

Trump argues that based on the SCOTUS decision from yesterday on a president's criminal immunity, "this official-acts evidence should never have been put before the jury."

Trump seeks until July 10th to be able to file this motion.

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Katie Phang

@KatiePhang

Jul 1

The third SCOTUS opinion today: the immunity decision. Written by Justice Roberts.

Held: "Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts."

"(b) The first step in deciding whether a former President is entitled to immunity from a particular prosecution is to distinguish his official from unofficial actions. In this case, no court thus far has drawn that distinction, in general or with respect to the conduct alleged in particular. It is therefore incumbent upon the Court to be mindful that it is “a court of final review and not first view.” Zivotofsky v. Clinton, 566 U. S. 189, 201. Critical threshold issues in this case are how to differentiate between a President’s official and unofficial actions, and how to do so with respect to the indictment’s extensive and detailed allegations covering a broad range of conduct. The Court offers guidance on those issues."

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Katie Phang

@KatiePhang

Jul 1

The second SCOTUS opinion today: Netchoice LLC v. Paxton.

Also decided jointly with Moody v. Netchoice.

Held: "The judgments are vacated, and the cases are remanded, because neither the Eleventh Circuit nor the Fifth Circuit conducted a proper analysis of the facial First Amendment challenges to Florida and Texas laws regulating large internet platforms."

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Katie Phang

@KatiePhang

Jul 1

Today's first SCOTUS opinion: Corner Post Inc. v Board of Governors of the Federal Reserve System. A 6-3 decision.

The court holds that a claim under the Administrative Procedure Act to challenge an agency action first comes into being when the plaintiff is injured by final agency action.

Justice Jackson dissented, joined by Sotomayor and Kagan.

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Katie Phang

@KatiePhang

Jul 1

Tomorrow, at 10 a.m. ET, we finally will learn what SCOTUS has decided regarding Trump's claim of absolute criminal immunity. He argues that if he has absolute criminal immunity, then his indictment must be dismissed.

Recall the question presented was: "Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

Oral arguments (2 hours and 39 minutes) took place on April 25, 2024, almost 10 weeks ago.

Since that date, Trump has been convicted, by a jury of his peers, of 34 felonies in the state of New York. He continues to face indictments by Special Counsel Jack Smith in Florida and DC, as well as by Fulton County DA, Fani Willis, in Georgia.

During those oral arguments, Trump's lawyer, John Sauer, was asked the following question:

JUSTICE SOTOMAYOR: "If the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him, is that within his official acts for which he can get immunity?"

Sauer's answer:

SAUER: "It would depend on the hypothetical. We can see that could well be an official act."

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