NEW: Judge Chutkan vowed to enter a scheduling order before day’s end. And she did, granting Jack Smith’s proposal to submit a “comprehensive” brief on immunity, including supporting evidence, by 9/26. 1/
That briefing will wrap up by late October, at which point she “will determine whether further proceedings are necessary.” 2/
Chutkan also, as expected, is giving Trump a chance to move to dismiss on the ground that Jack Smith is “an illegitimate prosecutor,” as Trump lawyer John Lauro said in court today. 3/
But there’s a catch: Since there is binding precedent in the D.C. Circuit holding that the appointment of a special counsel is within the Attorney General’s authority, Trump will have to first seek leave to file that motion. 4/
And in doing so, his team will have to explain — and more successfully than Lauro did today — why that precedent can be overlooked due to Justice Thomas’s solo concurrence in the immunity case. 5/
But returning to the immunity briefing, the biggest question for the public is whether any of the proverbial cards Smith is prepared to lay on the table will be available to us. 6/
And the answer is an unsatisfying one, at least for now. We don’t know. Lauro represented in court today that the vast majority of discovery in the case is confidential. 7/
And Tom Windom, a lawyer for the Special Counsel, expressly told Chutkan that they “don’t know the specific answer” to how much of the information they plan to include will be under seal. 8/
But in the end, the decision about what information should be sealed or not is not up to the lawyers, Windom reminded Chutkan. It’s up to her. So what new information, if any, will we learn come 9/26? Watch this space. FIN.
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NEW: Trump has asked SDNY Judge Alvin Hellerstein to stay his own order denying Trump leave to seek removal of the Manhattan DA’s case to federal court. Is that because staying the order would mean the removal notice is still pending—and therefore, Merchan can’t sentence Trump?
(If you interpret the order as a denial of leave, and not a summary remand, this doesn’t work. But I’ll bet this is their thinking.)
Indeed, they note a stay of Hellerstein’s order would “allow” Judge Merchan to avoid Trump’s “potential sentencing in the weeks before the election while the Second Circuit determines whether the appropriate forum is in this district.”
NEW: Federal court denies Trump's motion for leave to seek removal a second time, finding no good cause. 1/
Judge Alvin Hellerstein first holds that federal courts' limited jurisdiction does not allow him to take over a case because of Merchan's alleged bias. 2/
Then, he considers whether the Supreme Court's immunity ruling justifies removal. And he concludes, "Nothing in the Supreme Court's opinion affects my earlier conclusion that the hush money payments were private, unofficial acts, outside the bounds of executive authority." FIN.
The Manhattan DA's office hasn't said a word in federal court with respect to Trump's efforts to move the hush money case there. But their letter to Judge Merchan makes clear where they stand. 1/
First, they remind him that Trump's removal efforts don't preclude him from ruling on two pending motions Trump brought before him: one to set aside the verdict and one to postpone his sentencing. 2/
Second, they call out Trump's "strategic and dilatory litigation tactics," noting that his new removal effort "comes nearly ten months after [he] voluntarily abandoned his appeal from his first, unsuccessful effort to remove this case." 3/
Tomorrow’s the first working day of September—and we could see action in both state and federal courts as soon as tomorrow in Trump’s criminal cases. 1/
First, Trump has asked Judge Juan Merchan, who oversaw his Manhattan criminal trial, to postpone his sentencing, a request that the Manhattan DA did not outright oppose. Merchan has yet to decide that motion. 2/
Second, both sides submitted their proposals to Judge Tanya Chutkan for what should happen next in the federal election case. She’s got a status conference scheduled for this Thursday, but could she ask for more clarity or details before then? Sure could. 2/
NEW: Trump has filed a second notice of removal of the Manhattan DA's hush money case to federal court in what reads like a bid to prevent any sentencing hearing from going forward. 1/
Why would I say that? Because while the motion is premised on changes in federal law, especially the Supreme Court's immunity ruling, that case came down on July 1. Trump has not sought removal until now. 2/
And in the meantime, his legal team has made multiple applications to Judge Merchan, moving to set aside the jury's verdict on the ground it relies upon inadmissible "official acts" evidence, to postpone the sentencing until after the election, and even a third request for Merchan's recusal. 3/
The GA State Election Board, which was sued earlier this week by county election board members, voters, and Democratic Party organizations, has just opened its own account here. 1/
And the account is operated, apparently, not by the chair or its executive director, but by Dr. Janice Johnston, one of the GOP members singled out by Trump for praise. 2/
When I was in practice, we often scoured our litigation adversaries’ social media posts and to our clients’ benefit in both civil and criminal matters. 3/