{"id":2288740,"date":"2024-07-03T15:07:01","date_gmt":"2024-07-03T19:07:01","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-scotus-sends-prosecutions-into-tailspin\/"},"modified":"2024-07-03T15:08:00","modified_gmt":"2024-07-03T19:08:00","slug":"this-week-in-lawfare-land-scotus-sends-prosecutions-into-tailspin","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-scotus-sends-prosecutions-into-tailspin\/","title":{"rendered":"This Week In Lawfare Land:\u00a0SCOTUS Sends Prosecutions Into Tailspin"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthis-week-in-lawfare-land-scotus-sends-prosecutions-into-tailspin%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2288740&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The Supreme\u200d Court made \u2063a significant decision in <em>Trump v. United States<\/em> that granted the\u200c president immunity from criminal prosecution\u2063 for official acts. This decision has had implications for several ongoing criminal cases against former President Trump, including those\u200b in Manhattan, New York; Fulton County, Georgia; Southern District of Florida; and Washington, D.C. Following the ruling, Trump&#8217;s legal team is seeking to vacate his \u200cconviction in Manhattan based on presidential immunity.\u200b The case in Georgia is currently on hold pending an appeal, while the cases \u200cin Florida and D.C. may also be\u200b affected by the Supreme \u200dCourt&#8217;s decision.\u2062 the ruling has raised questions about the extent of a president&#8217;s immunity \u200cfrom criminal prosecution for official acts.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>On Monday, the Supreme Court issued a major decision in <em>Trump v. United States<\/em> that sent shockwaves throughout the political and legal world. The Supreme Court\u2019s decision held that a president is entitled \u201cto absolute immunity from criminal prosecution\u201d for \u201cactions within his conclusive and preclusive constitutional authority\u201d and \u201cat least presumptive immunity\u201d for \u201cofficial acts.\u201d This holding could entitle President Trump to immunity from criminal prosecution and upend the lawfare crusade against President Trump in New York, Georgia, Florida, and Washington D.C.<\/p>\n<p>The Supreme Court\u2019s<em> <\/em>decision has already prompted Judge Merchan to delay President Trump\u2019s sentencing hearing to Sept. 18 in Manhattan, meaning Trump will no longer be forced to deal with the absurd timeline of a sentencing just days prior to the Republican National Convention. President Trump\u2019s legal team is now seeking to vacate the conviction based on presidential immunity. <\/p>\n<p>Here\u2019s the latest information you need to know about each case.<\/p>\n<p><em><a href=\"https:\/\/thefederalist.com\/tag\/this-week-in-lawfare-land\/\" target=\"_blank\" rel=\"noreferrer noopener\">Read our previous installments here.<\/a><\/em><\/p>\n<h2><strong>Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: Manhattan District Attorney Alvin Bragg \u2014 <a href=\"https:\/\/www.nytimes.com\/2024\/04\/09\/magazine\/alvin-bragg-donald-trump-trial.html\">who<\/a> \u201ccampaigned as the best candidate to go after the former president\u201d \u2014\u00a0charged former President Donald Trump with 34 felony charges for alleged falsification of business records relating to a nondisclosure agreement paid by Trump\u2019s former attorney Michael Cohen to pornographic film actress Stormy Daniels.<\/p>\n<p>This criminal trial concluded on May 30, with the jury returning a guilty verdict that Trump is expected to appeal. The conviction does not affect President Trump\u2019s ability to run for president, though it may present complications with his ability to run a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/bob-mcmanus-hillary-clinton-goes-to-bat-for-her-clone-kathy-hochul\/\" title=\"Bob McManus: Hillary Clinton Goes to Bat for Her Clone, Kathy Hochul\">modern presidential campaign<\/a>.<\/p>\n<p><strong>Latest developments<\/strong>: Following the Supreme Court\u2019s decision in <a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/23-939_e2pg.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Trump v. United States<\/em><\/a>  on Monday, Judge Merchan postponed President Trump\u2019s sentencing hearing to Sept. 18 \u201cif such is still necessary.\u201d In <em>Trump v. United States<\/em>, the Supreme Court determined that a president is entitled to \u201cat least presumptive immunity\u201d for \u201cofficial acts.\u201d Following the Supreme Court\u2019s ruling, President Trump\u2019s legal team filed a motion seeking to overturn the Manhattan conviction based on presidential immunity, arguing that the jury saw evidence that was otherwise protected by at least the presumption of presidential immunity. <\/p>\n<h2><strong>Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: The Georgia state criminal case is helmed by District Attorney Fani Willis, who charged Trump with 13 felony counts, including racketeering charges, related to his alleged attempt to challenge the 2020 election results in Georgia. This case is currently stalled while the Georgia Court of Appeals hears an appeal on whether Willis should be disqualified from the case.\u00a0The hearing is scheduled for Oct. 5, 2024.<\/p>\n<p><strong>Latest developments<\/strong>:\u00a0This case remains largely on hold, although the recent Supreme Court decision in <a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/23-939_e2pg.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Trump v. United States<\/em><\/a>  may have implications for these criminal proceedings. Specifically, if President Trump\u2019s actions in Georgia constituted \u201cofficial acts,\u201d or even the \u201couter perimeter\u201d of official acts, then the Georgia courts could find President Trump is entitled to immunity from criminal prosecution in this case. <\/p>\n<h2><strong>Southern District of Florida: Prosecution by Biden DOJ for Handling of Classified Documents<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/sidney-powell-is-an-american-legal-giant\/\" title=\"Sidney Powell Is an American Legal Giant\">special counsel<\/a> Jack Smith and federal prosecutors with Biden\u2019s Justice Department <a href=\"https:\/\/thefederalist.com\/2023\/06\/09\/biden-doj-indicts-former-president-donald-trump-over-classified-documents-squabble\/\">charged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents<\/a> at his Mar-a-Lago residence. In early May, Judge Aileen Cannon postponed this trial indefinitely. <\/p>\n<p><strong>Latest developments: <\/strong>There have not been any major developments, but the recent Supreme Court decision in <a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/23-939_e2pg.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Trump v. United States<\/em><\/a>  may affect this criminal proceeding as well. In a concurring opinion, Justice Thomas openly questioned the constitutionality of the existence of an Office of the Special Counsel, opening a lane for the position held by Special Counsel Jack Smith to be challenged in a lower court. Earlier this month, Trump\u2019s attorneys argued before Cannon in a hearing that Smith\u2019s appointment was unlawful. Presumably, were that office to be eliminated, his actions \u2014 charging a former president \u2014 would be mooted. <\/p>\n<h2><strong>Washington, D.C.:\u00a0 Prosecution by Biden DOJ for Jan. 6 Speech<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, Special Counsel Jack Smith <a href=\"https:\/\/thefederalist.com\/2023\/08\/03\/jack-smiths-latest-indictment-is-legally-flawed-and-politically-suspect\/\">charged former President Trump with four counts of conspiracy and obstruction<\/a> related to his actions on Jan. 6, 2021. President Trump\u2019s lawyers have argued that immunity extends to actions taken by a president while acting in his official capacity and that, in any event, the First Amendment protects his right to raise legitimate questions about a questionable election process.<\/p>\n<p><strong>Latest developments<\/strong>: On Monday, the Supreme Court issued a major decision in<em> <\/em><a href=\"https:\/\/www.supremecourt.gov\/opinions\/23pdf\/23-939_e2pg.pdf\" target=\"_blank\" rel=\"noreferrer noopener\"><em>Trump v. United States<\/em><\/a>, which significantly affects Special Counsel Jack Smith\u2019s prosecution of President Trump for his actions on Jan. 6, 2021. <\/p>\n<p>In <em>Trump v. United States<\/em>, the Supreme Court determined that a former president is entitled \u201cto absolute immunity from criminal prosecution\u201d for \u201cactions within [the President\u2019s] conclusive and preclusive constitutional authority.\u201d These would be actions such as presidential pardons, vetos of legislation, naming and managing agency officials, and recognizing foreign governments. Further, for anything else a president does that is within the \u201couter perimeter of the president\u2019s official responsibilities,\u201d there is still a presumption of immunity from criminal prosecution. The scope of what falls within this \u201couter perimeter\u201d will be determined by a lower court, but presumptively anything done by a president when acting in that capacity, rather than<br \/>a strictly campaign capacity, could well carry with it immunity.<\/p>\n<p>The Supreme Court ultimately remanded the case to the District Court to now determine factually whether President Trump\u2019s Jan. 6 conduct qualifies as official or unofficial. <\/p>\n<p>This comes on the heels of the Supreme Court\u2019s decision in <em>Fischer v. United States<\/em> which may result in at least two of the four counts against President Trump being dropped <a href=\"https:\/\/thefederalist.com\/2024\/06\/28\/this-week-in-lawfare-land-bad-news-for-jack-smith-in-florida-and-d-c\/\" target=\"_blank\" rel=\"noreferrer noopener\">due to the Justice Department\u2019s overreach on application of an obstruction statute<\/a>.<\/p>\n<p>The Supreme Court\u2019s ruling will also affect the other pending legal cases against President Trump in New York, Georgia, and Florida. <\/p>\n<h2><strong>New York: Lawsuit by A.G. Letitia James\u00a0for Inflating Net Worth<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: Democrat Attorney General Letitia James \u2014 who <a href=\"https:\/\/www.washingtonpost.com\/politics\/2018\/12\/19\/new-yorks-next-attorney-general-targeted-slumlords-now-shes-going-after-trump\/\">campaigned<\/a> on going after Trump \u2014 sued former President Trump alleging that he misled banks, insurers, and others about his net worth to obtain loans, although none of the parties involved claimed to have been injured.\u00a0Following a no-jury trial,\u00a0Judge Arthur Engoron <a href=\"https:\/\/thefederalist.com\/2024\/02\/16\/trump-fined-350-million-in-democrats-latest-gambit-to-rig-the-2024-election\/\">issued a decision<\/a> in February\u00a0ordering Trump to pay a $454 million penalty. Trump has appealed this decision and posted a required <a href=\"https:\/\/thefederalist.com\/2024\/03\/26\/trumps-reduced-bond-doesnt-make-letitia-james-election-meddling-lawfare-any-less-scandalous\/\">$175 million appeal bond<\/a>. <\/p>\n<p><strong>Latest developments<\/strong>: This case remains mostly on hold.<\/p>\n<hr>\n<p>      Steve Roberts is a partner and Oliver Roberts is an associate with Holtzman Vogel Baran Torchinksy &#038; Josefiak PLLC. They can be reached at sroberts@holtzmanvogel.com and oroberts@holtzmanvogel.com.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The recent Supreme Court decision in Trump v. United States has had significant implications for the legal cases against former President Trump in various jurisdictions. The decision established that a president is entitled to immunity from criminal prosecution for actions within their constitutional authority, as well as presumptive immunity for official acts. This has led to delays and potential challenges in cases in Manhattan, New York; Fulton County, Georgia; Southern District of Florida; and Washington, D.C. The ruling will likely impact the outcomes of these cases and potentially result in charges being dropped<\/p>\n","protected":false},"author":3036,"featured_media":2288741,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/07\/50022552488_5522937d51_k-e1720026369264.jpg","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[16727,10951,6994],"class_list":["post-2288740","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-lawfare","tag-prosecutions","tag-scotus"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/07\/50022552488_5522937d51_k-e1720026369264.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2288740","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3036"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2288740"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2288740\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2288741"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2288740"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2288740"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2288740"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}