Lisa Rubin Profile picture
Oct 3, 2023 7 tweets 2 min read Read on X
The New York Attorney General’s trial has definitely gotten under Trump’s skin. Yet he was far calmer at his arraignment on 30-plus counts of unlawfully retaining classified documents. Why is he stressing? 1/
Part of it is image. Trump’s self concept and public persona alike rest on his King of All Real Estate construct. Although the Attorney General has already exposed how much of it is a fiction, the trial will methodically unspool his legend, witness by email by letter. 2/
But it’s more than that. The remedies the AG is seeking — which Trump himself acknowledges constitutes a sort of “corporate death penalty” — are the only ones he can’t campaign away. If restored to the presidency, he can pardon himself for his alleged federal crimes. 3/
He can also arguably force the Manhattan and Fulton County DAs, who might not be able to try their cases against him before the election, to stop on the ground that prosecuting a sitting president is constitutionally verboten. 4/
But the only way out of Tish James’s civil suit is through (and then appeals). And before then, the court could impose serious penalties: bars on acquiring NY real property, borrowing from any NY-registered lender, or serving as an officer or director of any NY company. 5/
A monitor to direct (and correct) all financial reporting and controls; even a receiver to oversee the unwinding of his metaphorical trophy cases. And yes, maybe even the liquidation of his properties. 6/
And that’s before we get to any disgorgement of the profits from his fraud, which the AG estimates at “at least $250 million.” Collectively, for Trump, that smorgasbord of potential remedies is worse than any threat of prison. FIN.

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More from @lawofruby

Oct 22
NEW: Today’s court order requiring Rudy Giuliani to place most of his possessions, cash, and even his NYC apartment in receivership for the two GA election workers to whom he owes $148 million reminds us what the Big Lie has cost its most avid mouthpieces. 1/
But while Rudy isn’t even allowed to keep his TV, a signed Reggie Jackson photo, or his grandfather’s watch, Trump remains locked in an airtight battle for a second presidential term, during which, if he wins, his legal problems will either disappear or at least recede. 2/
When Trump talks about the 1/6 defendants, he loves to compare their plights with those of those arrested during the summer of 2020 after George Floyd’s death. The conduct at issue is dissimilar—and distracts from the real issue. 3/
Read 4 tweets
Oct 16
NEW: Georgia’s hand count rule cannot be implemented for the election, rules Fulton County Superior Court Judge Robert McBurney.
For McBurney, the timing was crucial. He acknowledges that a hand count of ballots could be “consistent with the
SEB’s mission of ensuring fair, legal, and orderly elections.” But when the rule is scheduled to be implemented a mere fortnight before the election? 2/
That’s a recipe for chaos, McBurney holds, especially where, as here, the “eleventh and one half hour” implementation put county election boards in the position of having to put the rule into practice without guidelines or training from the GA Secretary of State. 3/
Read 11 tweets
Oct 15
NEW: I am watching a live hearing about the lawfulness of yet another Georgia Elections Board rule, this one requiring hand counts of ballots prior to certification. And Judge Robert McBurney wants to know why, given a “robust record of chaos” caused thus far, he shouldn’t just enjoin it. 1/
Because Fulton County Superior Court proceedings are live-streamed, come watch with me here: .youtube.com/live/-z0N1dHym…
So far, McBurney is approaching this in what seems like a measured way: He acknowledges that the rule does not require the counting of votes, but solely the hand counting of ballots to ensure the number of ballots cast, as tabulated electronically, matches a hand count. 3/
Read 5 tweets
Oct 9
NEW: While Hurricane Milton approaches, voting rights groups in GA and FL are in two separate federal courts this afternoon fighting for emergency extensions of Monday's voter registration deadline for those impacted by Hurricane Helene and/or preparing for Milton. Stay tuned.
An update: The judge in Florida, Robert Hinkle, just denied the effort to extend the deadline there. More to come.
All that's been docketed is this one-page denial without any explanation: Image
Read 5 tweets
Sep 30
Look beyond the result of today’s GA abortion decision, and you can see Fulton County Superior Court Judge Robert McBurney stake out a broader, methodological position, especially in the footnotes. 1/
McBurney makes plain what many are afraid to say: that “the meaning of the Constitution is no more fixed than is the composition of the majority in the highest courts of the land — especially when formerly bedrock principles such as stare decisis appear to be on the wane.” 2/
He then explains “the interpretive challenge for the courts is in understanding what is encompassed in the concept of liberty” in GA’s constitution. And that is a problematic exercise, he insists, if one relies on textualism or originalism. 3/
Read 22 tweets
Sep 24
NEW: Judge Tanya Chutkan has now granted the Special Counsel's request to file a 180-page brief defending its superseding indictment as compliant with the Supreme Court's immunity ruling. But don't get your reading corner ready just yet. 1/
Since last year, the federal election interference case has been governed by a protective order that dictates how sensitive discovery materials must be used. And under that order, virtually any material that was not already public or obtained by the defense on its own, not through discovery, is covered. 2/
That order makes plain how filings with sensitive material must be handled in any public filing: Either all sensitive information is redacted, and the parties agree as to those redactions, or . . . .3/ Image
Read 5 tweets

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