NEW: I watched a portion of the Trump press conference today--but it wasn't until I read his comments that I realized that just a day after New York's highest court upheld the gag order, he arguably violated it again. 1/
Trump focused his ire on "one person in particular" who he characterized as having been sent by the White House from DOJ to New York to get NY Attorney General Tish James's civil fraud case started, "then go to the DA in Manhattan." 2/
There is literally only one person he could have been talking about--but both the timing and context of his returning to New York after a stint at DOJ is not as Trump claims. 3/
Nor is there any evidence that he ever communicated about Trump's criminal exposure, in New York or otherwise, with anyone at DOJ either before or after he started at the DA's office. 4/
Whether Trump's statements were made with the intent to "materially interfere" with that lawyer's work on what remains in the New York criminal case and/or with the knowledge that such interference is likely to occur -- the standard governing the gag order -- is up to others. 5/
But from where I sit, it's at least a close call and something for the Manhattan DA's office to think through. FIN.
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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/
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/