Merchan says that Trump’s motion is denied as untimely.
“The court finds that the defendant has myriad opportunities to raise the claim of presidential immunity well before March 7, 2024”—the date when Trump filed his immunity motion.
Because he finds that Trump’s motion is denied as untimely, Justice Merchan says that he need not address the question of whether presidential immunity “precludes the introduction of evidence of purported official presidential acts in a criminal proceeding.”
Recall: While Trump has argued in other cases that he is “absolutely” shielded from standing trial, his NY motion was slightly different.
He claimed that presidential immunity prohibited the use of certain evidence at trial—namely, official communications during his Presidency.
Special counsel Jack Smith has filed his response to Judge Cannon's request for preliminary jury instructions regarding the Presidential Records Act in Trump's classified documents case.
Cannon asked both Trump & the special counsel to "engage with" two "competing scenarios" involving potential jury instructions regarding the impact of the PRA on Trump's charges.
"Both scenarios rest on an unstated and fundamentally flawed legal premise," special counsel writes.
The special counsel implores Cannon to inform the parties of her decision on jury instructions "well in advance of trial."
"The Government must have the opportunity to consider appellate review well before jeopardy attaches."
"Guided by the standards, case law, & the purposes of attorney discipline, the court recommends that Eastman be disbarred."
The recommendation of the judge follows months of briefing & hearings over Eastman's efforts to "reject, delay, and/or obstruct" 2020 electoral vote count.
BREAKING: Judge Scott McAfee issues certificate of immediate review, allowing Trump and seven co-defendants to seek appeal of order denying disqualification of Fulton County district attorney Fani Willis.
Per McAfee’s order, the trial court proceedings are not automatically stayed. He says he intends to address pending pre-trial motions regardless of whether the appeal is taken up by the Georgia Court of Appeals.
And the Court of Appeals could still decline to hear the case.
Slight correction: It’s Trump and eight—not seven—co-defendants who can now seek an appeal from the Georgia Court of Appeals.
(Trump’s request for a certificate of immediate review included 7 other co-defendants, but an additional defendant subsequently filed a similar request.)
Sadow has 10 days from the date of McAfee’s order to seek what’s called a “certificate of immediate review.”
The certificate, if granted, would allow Trump to immediately appeal the disqualification order before trial—and likely cause a substantial delay in the case.
It’s up to Judge McAfee to decide whether to grant the certificate of immediate review.
Even if he does grant the certificate, the Georgia Court of Appeals could still decline to hear the case.
So there are a number of hurdles Trump’s team has to clear in order to appeal.
BREAKING: JUDGE RULES THAT FULTON COUNTY DISTRICT ATTORNEY FANI WILLIS MUST STEP AWAY FROM TRUMP PROSECUTION OR CUT TIES WITH SPECIAL PROSECUTOR NATHAN WADE
The record, Judge McAfee writes, establishes that there is a "significant appearance of impropriety" that infects the current structure of the prosecution team--an appearance that "must be removed" by one of two options: Either Willis steps aside, or Wade withdraws from the case.
Additionally, McAfee DENIED the defendants' efforts to disqualify Willis based on "forensic misconduct"--that is, public comments she made about the case during a speech at a historically Black church.
While not disqualifying, McAfee says Willis's comments were "improper."
@lawfare is a 501(c)(3) non-profit media organization dedicated to educating the public about the law.
We’ve devoted a significant amount of resources to producing in-depth coverage of the criminal cases against the former President in Georgia, Florida, DC, and New York.
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