NEW: Judge Juan Merchan has now denied Trump’s third motion for Merchan’s recusal, which argued that Kamala Harris becoming the presumptive Democratic nominee — and Merchan’s daughter’s prior work on her behalf — changed the calculus. Merchan disagreed. 1/
Not only was he given the OK over a year ago by an advisory panel on judicial ethics, he notes, but the motion was made 48 days after the deadline for post-trial motions. But the real nail in the coffin as far as Merchan was concerned? Trump offered nothing new. 2/
Instead, he “reiterates for the third time, that which should already be clear — innuendo and mischaracterizations do not a conflict create.” 3/
And finally, while renewing his pledge to base his rulings on the evidence and the law, “without fear or favor,” Merchan’s pique with Trump’s counsel, whose prior affirmation Merchan calls “rife with inaccuracies and unsubstantiated claims,” is clear. FIN.
NEW: In a letter responding to Jim Jordan's request for documents and information, the political consulting firm in which Judge Merchan's daughter is a minority partner reveals that she and the firm's co-founder have received death threats--and that other firm employees have been threatened as well. 1/
Authentic Campaign's co-founder Mike Nellis writes, "Since these unfounded allegations surfaced, Loren Merchan and I have faced death threats and harassment, and suffered reputational damage. 2/
He continues: "Members of our families have been harassed and received threats as well. In some cases, threats were discovered by or deemed credible by law enforcement, requiring intervention. 3/
As @JoyceWhiteVance notes, a civil suit like this would allow discovery on both sides. And one thing DOJ would get to find out is whether Trump himself (or any business he owns) paid his alleged $15 million in legal fees incurred in defending against the Mar-a-Lago case, or whether, for example, his leadership PAC, Save America, actually assumed those costs for him through the generosity of his donors.
But the actual filing of any lawsuit likely is a long way off. In order to sue the federal government for civil damages, claimants must use the procedures laid out in the Federal Tort Claims Act--and by sending DOJ a notice of claim, that's what Trump is doing here. 2/
That statute expressly provides that a claimant must first present the affected federal agency with notice of his claims (as Trump has now done) and await final resolution before proceeding to court. 3/
NEW: Tanya Chutkan has accepted Jack Smith’s request for 3 more weeks to develop a proposed game plan—and that means the master schedule for Trump’s legal world has shifted again. If you are keeping track at home, here’s the newest iteration: 1/
• Week of 8/11: Judge Merchan to rule on Trump’s third motion to recuse Merchan;
• 8/21: NYAG’s brief due in Trump’s appeal of the civil fraud verdict;
• 8/27: Special Counsel’s brief due in its appeal of Judge Cannon’s dismissal of the Mar-a-Lago docs case; 2/
• 8/30: New deadline for joint status report to Chutkan in federal election interference case; Trump’s reply brief due in civil fraud appeal.
• 9/5: New date for Chutkan status conference;
• 9/6: Oral argument on Trump’s appeal of first E. Jean Carroll verdict; 3/
NEW: Trump and Jack Smith were scheduled to tell Tanya Chutkan tomorrow how the DC election interference case should move forward. Instead, Smith told her tonight that he needs until the end of the month to propose next steps. 1/
In a two-page filing signed by both sides, Smith said his team "has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision" and that they need until August 30 to "provide the Court with an informed proposal" that reflects its consultation with other DOJ offices/units. 2/
Unsurprisingly, the Kings of Delay, Stall & Ignore -- aka Team Trump -- were happy to accede to this request. What is less clear, however, is why Smith and co. need more time to "consult." Is it less about consultation & instead revelatory of internal disputes about the best way -- or any way -- forward? 3/
NEW: Tanya Chutkan did not come to play—and even as her case was stayed, she was getting ready. Case in point? Her 16-page decision issued tonight rejecting Trump’s motion to dismiss for selective and vindictive prosecution. 1/
From its first substantive paragraph, the opinion stings, asserting Trump’s “alternative narrative” that the government charged him for “publicly disputing the election outcome” is an “improper reframing” of the indictment belied by its express words. 2/
After establishing the legal elements of each claim, Chutkan dismantles Trump’s argument. He’s not similarly situated to others who have not been prosecuted, she concludes, because in prior election disputes, no one faced allegations that they “engaged in criminal conduct to obstruct the electoral process.” 3/