SCOTUS handed Trump a victory by declaring that former presidents enjoy a great deal of immunity from prosecution for official acts.

But could a footnote buried in the court's opinion open up a loophole for the prosecution?

On the elusive footnote 3 🧵: lawfaremedia.org/article/what-s… The footnote arises in one of the more controversial parts of the court’s opinion. The majority, having decided that a president is presumptively immune from being held criminally liable for all official acts, goes one step further in Section III-C.

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BREAKING: Judge Aileen Cannon dismisses Trump’s classified documents case based on “violations” of the constitution’s Appointments Clause and Appropriations Clause Read Judge Cannon’s 93-page order dismissing Trump’s charges for u lawful retention of classified documents in Florida: storage.courtlistener.com/recap/gov.usco…

NEW: Judge Cannon denies Trump's request for a Franks hearing on alleged false statements or omissions in the affidavit supporting Mar-a-Lago search warrant.

But she GRANTS his request for an evidentiary hearing on particularity of the warrant and attorney-client privilege. In other words: Judge Cannon thinks there needs to be further factual development before she can rule on Trump's motion to dismiss his charges based on insufficient particularity of the warrant and AC privilege.

Read Judge Cannon's full order here: documentcloud.org/documents/2478…

NEW: Judge Cannon appears poised to reject one of Trump’s challenges to the validity of the warrant that authorized FBI search of Mar-a-Lago in 2022.

During a hearing today in Ft. Pierce, Cannon expressed skepticism about Trump’s claims that the search was “unconstitutional.” Judge Cannon did not rule from the bench. But at the end of the hearing, she grew frustrated with Trump’s attorney, Emil Bove.

She reminded Bove that the relevant legal question at issue is whether the warrant is sufficiently particularized. “It seems like it is,” she said.

Hello from the federal courthouse in Ft. Pierce, where we’re on lunch break ahead of a hearing in Trump’s classified docs case.

Coming up: A hearing on the special counsel’s motion to bar Trump from making statements that pose a significant danger to law enforcement agents. UPDATE: Court has adjourned for the day.

During the afternoon session, Judge Cannon appeared disinclined to grant the special counsel’s request to restrict Trump from making statements that pose a significant and imminent danger to law enforcement in the case.

Good morning from the federal courthouse in Ft. Pierce, FL ☀️🌴

Later today, Judge Aileen Cannon is set to hold a hearing on one of Trump’s motions to dismiss his criminal charges in the classified documents case.

I’m here for @lawfare. Follow along for updates ⬇️ 🧵 Today marks the start of not just one but three days of hearings scheduled by the presiding judge, Aileen Cannon.

The focus this morning? Trump’s argument that his charges in the classified docs case should be dismissed bc special counsel Jack Smith was “unlawfully” appointed.

With the YSL trial in the news, maybe it’s a good time for me to tell y’all about that time Judge Glanville held one of the defense attorneys in contempt and ordered him to buy lunch for the other lawyers.

The attorney complied by getting them chicken wings from a strip club.

https://twitter.com/SeidenWSBTV/status/1657107809777995780

There was also that time one of the defense attorneys got arrested for bringing his prescription medication into court.

https://twitter.com/annabower/status/1649066377464934403

Justice Merchan notifies the prosecution and defense in Trump’s New York case about a comment left by a user on the court’s Facebook page on or around May 29–the day before the jury returned a Trump’s guilty verdict: “My cousin is a juror and says Trump is getting convicted..” According to Justice Merchan’s letter, the comment was left in response to a May 29 posting on the court system’s Facebook page. It’s labeled by Facebook as one week old — meaning it’s unclear exactly when the comment was posted.

NEW: Georgia Court of Appeals pauses trial court proceedings in election Fulton County interference case against Trump, others. The stay of trial court proceedings remains in effect pending the outcome of appellate issues currently before the court—including Trump’s appeal of Judge McAfee’s order that declined to disqualify district attorney Fani Willis.

Oral argument is currently set for October.

https://twitter.com/annabower/status/1797698631169908759

I'm in courtroom 1530 at the Manhattan criminal courthouse, where the jury in People of New York v. Donald J. Trump is set to return its verdict against the former President.

I'll thread updates on the verdict below

https://twitter.com/AnnaBower/status/1796279743236419718

Justice Merchan re-enters the courtroom. As he told the parties previously, he received a note from the jury indicating that they have a verdict.

He directs a court officer to bring the jurors into courtroom 1530.

Good morning ☀️ from Manhattan’s hottest club: The Line to get into courtroom 1530, where the jurors who will decide Donald Trump’s fate are set to return at 9:30 am before they resume deliberations.

Will today be the day we get a verdict?

Follow along ⬇️ 👇 The jurors are set to resume their deliberations later today.

But first: They'll return to the jury box this morning to listen to excerpts of testimony they requested yesterday. The jurors also asked to re-hear their jury instructions.

Some observations about the jury note:

(1) They didn't ask for testimony related to Cohen's credibility.

They didn't ask, for example, for Cohen's testimony regarding the Oct. 24 phone call with Schiller.

In fact, they didn't ask for much related to Cohen at all.

https://twitter.com/AnnaBower/status/1795893706068779043

(2) The jurors seem to be focused on testimony related to the alleged conspiracy to influence the 2016 election—the crime that prosecutors say Trump intended to commit or conceal by falsifying records.

Two of the four requests relate to the 2015 meeting between Pecker, Cohen, and Trump at Trump Tower, where the conspiracy was allegedly formed.

Trump trial update: Something *might* be about to happen -- likely, a jury note.

There's a buzzer the jury can ring when they want to contact a court officer to send a note to the judge.

The bell rang a few minutes ago. The jury has now been deliberating for more than 3 hours.

In courtroom 1530, the prosecution team has just re-entered the courtroom. It's ADAs Susan Hoffinger, Matthew Colangelo, Becky Mangold, Josh Steinglass, and...America's Favorite Paralegals.

Good morning from 100 Centre Street, where it’s DELIBERATION DAY in Donald Trump’s criminal trial on 34 felony counts for falsification of business records.

Could today be the day that 12 New Yorkers decide the fate of the former President?

Follow along as I live tweet ⬇️👇 Yesterday was a marathon day for the jurors. They heard closing arguments from both the defense and the prosecution. Josh Steinglass wrapped up his summation for The People around 8 p.m. ET.

The @lawfare team discussed live last night 👇 ⬇️

youtube.com/live/KmaRmu_7B…

Good morning from The Line at the Manhattan criminal courthouse, where closing arguments are set to begin in Donald Trump’s trial on 34 felony counts for falsification of business records.

I’m here alongside @TylerMcBrien @katherinepomps for @lawfare.

Follow along 👇 ⬇️ 👇 During opening statements, we got a preview of how the prosecution and defense will approach their respective theories of the case.

But closing arguments marks the first time that both sides are able to argue the facts and the law before the jury.

lawfaremedia.org/article/catch-…

The presentation of evidence in People to NY v. Donald J. Trump is done. Closing arguments are set to take place next week.
 
But this afternoon, Justice Juan Merchan will hold a hearing that could play a decisive role in determining the fate of the former President. ⬇️ 👇 At the hearing, known as a “pre-charge” conference, Justice Merchan will hear argument on the parties’ proposed “jury charges,” meaning the instructions provided to the jury before they deliberate on the verdict in Trump’s case.

Good morning from 100 Centre Street, where Donald Trump’s criminal trial is set to resume.

On deck today: The cross examination of Michael Cohen is set to wrap up.

Will the defense call any witnesses to the stand once the prosecution rests its case?

Follow along 👇 ⬇️ 👇 Vibes from the line: There’s only a handful of protestors today.

And some of them are here to protest causes that have nothing to do with Trump.

The noble cause of one guy? Line integrity.

“Stop the cutting and cheating!” he chants.

“There’s no line integrity!”

Less than a month ago, I arrived at the courthouse for opening statements in Trump’s historic criminal trial. Since then, @lawfare has published more than 100,000 words of trial coverage.

As the case careens toward a verdict, here’s where you can catch up on every detail👇 1. Catch It and Kill It

The one in which the prosecution and the defense deliver opening statements—a preview of what’s to come.

David Pecker, the former celebrity tabloid publishing executive, takes the stand as the People’s first witness.

lawfaremedia.org/article/catch-…

Good morning from rainy New York City, where Donald Trump’s criminal trial is set to resume at 9:30 am ET.

On deck today? Trump’s attorney, Todd Blanche, is expected to continue his cross examination of Trump’s former “fixer,” Michael Cohen.

Follow along 👇 ⬇️ 👇 Scenes from The Line™️ to get into the former President’s criminal trial:

(1) A woman in a yellow poncho, crouched on top of her backpack as she lights up a joint.

(2) A mysterious mess (??) somewhere between spots 15 and 16 in line. That’s one way to save your spot!

Good morning from the line to get into courtroom 1530, where Michael Cohen is set to resume his testimony at Donald Trump’s criminal trial on 34 felony counts.

I’m here for @lawfare alongside @TylerMcBrien.

Follow along 👇 ⬇️ 👇 The Michael Cohen show is the hottest ticket in town.

I hear that the overflow line is—true to its name—overflowing.

Rumor has it that some enterprising individual sold his spot in the line.

As someone who appreciates a good line, this photo is like a Renaissance painting.

Good morning from Manhattan criminal court, where Trump’s trial is set to resume.

It’s a big day: Michael Cohen—the former “fixer” at the center of the events underlying Trump’s charges—is set to testify.

I’m here for @lawfare alongside @TylerMcBrien.

Follow along 🧵⬇️ Last week, we heard from another central figure in the case: Stormy Daniels, the adult film actor to whom Cohen paid $130,000 in exchange for her silence about an alleged affair with Trump.

Catch up on where we left off last week here:
lawfaremedia.org/article/stormy…