{"id":2318247,"date":"2024-08-02T13:26:02","date_gmt":"2024-08-02T17:26:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-get-trump-cases-in-limbo\/"},"modified":"2024-08-02T13:27:52","modified_gmt":"2024-08-02T17:27:52","slug":"this-week-in-lawfare-land-get-trump-cases-in-limbo","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-get-trump-cases-in-limbo\/","title":{"rendered":"This Week In Lawfare Land: &#8216;Get Trump&#8217; Cases In Limbo"},"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\">20<\/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-get-trump-cases-in-limbo%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=2318247&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>Prosecutors pursuing cases against former President Donald Trump in New York, Georgia, and Florida are facing challenges as they approach the November election. Only DA Alvin \u200dBragg has \u200csuccessfully\u200b concluded a trial, resulting in a guilty \u200bverdict for Trump\u2062 on charges related to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/are-the-charges-brought-against-the-trump-organizations-cfo-part-of-a-witch-hunt-experts-weigh-in\/\" title=\"Are The Charges Brought Against The Trump Organization\u2019s CFO Part Of A Witch Hunt? Experts Weigh In\">falsifying business records<\/a> \u200cover an NDA payment to Stormy Daniels. Trump&#8217;s sentencing has been delayed due to pending discussions on presidential immunity.<\/p>\n<p>In Georgia, DA Fani Willis has\u2064 charged \u2062Trump with 13 felonies in connection to efforts to challenge the 2020 election \u200cresults, but the case is stalling \u200dwhile the Court of Appeals considers whether she should be\u2064 disqualified.<\/p>\n<p>In Florida, Trump&#8217;s case regarding the mishandling of classified documents was recently dismissed by a \u2063judge due to constitutional issues with the appointment \u2062of Special Counsel Jack Smith. The decision is currently \u2062under appeal.<\/p>\n<p>Lastly, in Washington D.C., Trump faces charges related to the January 6 insurrection, with his defense citing presidential immunity in these matters. A recent Supreme\u200c Court ruling supports the idea\u200c that former presidents have substantial immunity regarding \u2062official\u2064 actions, raising questions\u2064 about the validity of actions taken against Trump in these cases.\u2062 <\/p>\n<p>as legal proceedings unfold, the outcomes may significantly impact \u200dTrump&#8217;s ability\u2062 to campaign for the presidency.  <\/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>From New York to Florida, prosecutors going after President Trump must be getting frustrated. Several months ago, their prospects for landing charges in multiple cases before the November general election seemed bright. Now, however, only Alvin Bragg has been able to conclude his trial against the former president, and even that jury verdict seems likely to fall in light of the Supreme Court&rsquo;s decision in its case regarding presidential immunity.<\/p>\n<p>Here&rsquo;s 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 &mdash;&nbsp;<a href=\"https:\/\/www.nytimes.com\/2024\/04\/09\/magazine\/alvin-bragg-donald-trump-trial.html\" target=\"_blank\" rel=\"noreferrer noopener\">who<\/a>&nbsp;&ldquo;campaigned as the best candidate to go after the former president&rdquo; &mdash;&nbsp;charged former President Donald Trump with 34 felony charges for alleged falsification of business records relating to a nondisclosure agreement paid by Trump&rsquo;s 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&rsquo;s ability to run for president, though it may present complications with his ability to run a modern presidential campaign.<\/p>\n<p>President Trump&rsquo;s sentencing, originally scheduled to occur just a few days before the start of the Republican National Convention in Milwaukee, was delayed until at least Sept. 18 so that parties could brief the court regarding the Supreme Court&rsquo;s decision on presidential immunity. Based on those briefs, Judge Merchan could vacate the verdict against the president.<\/p>\n<p><strong>Latest developments<\/strong>: No new updates.<\/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, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/donald-trump-indicted-fani-willis-says-trump-and-co-conspirators-attempted-to-seize-presidential-term\/\" title=\"Trump indicted: Fani Willis accuses Trump and accomplices of trying to &#039;take&#039; presidency.\">including racketeering charges<\/a>, 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.<\/p>\n<p><strong>Latest developments<\/strong>:&nbsp;No new updates in this case, which is unlikely to move before the November election.<\/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, Special Counsel Jack Smith and federal prosecutors with Biden&rsquo;s Justice Department&nbsp;<a href=\"https:\/\/thefederalist.com\/2023\/06\/09\/biden-doj-indicts-former-president-donald-trump-over-classified-documents-squabble\/\" target=\"_blank\" rel=\"noreferrer noopener\">charged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents<\/a>&nbsp;at his Mar-a-Lago residence.&nbsp;<\/p>\n<p>On July 15,<strong>&nbsp;<\/strong>Judge Cannon&nbsp;<a href=\"https:\/\/www.nytimes.com\/2024\/07\/15\/us\/politics\/trump-document-case-dismissed.html?campaign_id=60&amp;emc=edit_na_20240715&amp;instance_id=0&amp;nl=breaking-news&amp;ref=cta&amp;regi_id=253434950&amp;segment_id=172205&amp;user_id=911058b10feb90ceef7e3c170c01fb23\" target=\"_blank\" rel=\"noreferrer noopener\">dismissed<\/a>&nbsp;the entire case because the appointment of Special Counsel Jack Smith violated the Constitution. Specifically, the appointment was unconstitutional due to improper funding, insufficient appointment procedures by the president and senate, and a lack of statutory authority to bring the case.&nbsp;<\/p>\n<p><strong>Latest developments:&nbsp;<\/strong>Special Counsel<strong> <\/strong>Jack Smith <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3098945\/appeals-court-sets-schedule-doj-bid-revive-trump-classified-documents-case\/\" target=\"_blank\" rel=\"noreferrer noopener\">appealed<\/a> Judge Cannon&rsquo;s decision to dismiss the case. The appeal is now before the U.S. Court of Appeals for the 11th Circuit, and the Special Counsel&rsquo;s opening brief is due Aug. 27.&nbsp;<\/p>\n<h2><strong>Washington, D.C.:&nbsp; 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&nbsp;<a href=\"https:\/\/thefederalist.com\/2023\/08\/03\/jack-smiths-latest-indictment-is-legally-flawed-and-politically-suspect\/\" target=\"_blank\" rel=\"noreferrer noopener\">charged former President Trump with four counts of conspiracy and obstruction<\/a>&nbsp;related to his actions on Jan. 6, 2021. President Trump&rsquo;s 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. The issue reached the Supreme Court.&nbsp;<\/p>\n<p>On July 1, the Supreme Court issued a major decision in<em>&nbsp;<\/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>&nbsp;and determined that a former president is entitled &ldquo;to absolute immunity from criminal prosecution&rdquo; for &ldquo;actions within [the President&rsquo;s] conclusive and preclusive constitutional authority.&rdquo; These would be actions such as presidential pardons, vetoes of legislation, naming and managing agency officials, and recognizing foreign governments. Further, for anything else a president does that is within the &ldquo;outer perimeter of the president&rsquo;s official responsibilities,&rdquo; there is still a presumption of immunity from criminal prosecution. The scope of what falls within this &ldquo;outer perimeter&rdquo; will be determined by a lower court, but presumptively anything done by a president when acting in that capacity, rather than a strictly campaign capacity, could well carry with it immunity.<\/p>\n<p>Two of the four counts, based on &ldquo;obstructing an official proceeding,&rdquo; must rationally fall after the Supreme Court&rsquo;s decision in <em>Fischer v. United States<\/em>. In that case, the Supreme Court held that prosecutors&rsquo; attempts to use the &ldquo;obstructing an official proceeding&rdquo; charge found in the Sarbanes-Oxley Act &mdash; a law about corporate accounting and recordkeeping &mdash; was an improper overreach in the context of an official proceeding of Congress.&nbsp;<\/p>\n<p>Given that this case was brought by Jack Smith &mdash; whose appointment Judge Cannon ruled unconstitutional &mdash; this case may also be dismissed on similar grounds.<\/p>\n<p><strong>Latest developments:<\/strong>&nbsp;No new updates.&nbsp;<\/p>\n<h2><strong>New York: Lawsuit by A.G. Letitia James&nbsp;for Inflating Net Worth<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: Democrat Attorney General Letitia James &mdash; who&nbsp;<a href=\"https:\/\/www.washingtonpost.com\/politics\/2018\/12\/19\/new-yorks-next-attorney-general-targeted-slumlords-now-shes-going-after-trump\/\" target=\"_blank\" rel=\"noreferrer noopener\">campaigned<\/a>&nbsp;on going after Trump &mdash; 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.&nbsp;Following a no-jury trial,&nbsp;Judge Arthur Engoron&nbsp;<a href=\"https:\/\/thefederalist.com\/2024\/02\/16\/trump-fined-350-million-in-democrats-latest-gambit-to-rig-the-2024-election\/\" target=\"_blank\" rel=\"noreferrer noopener\">issued a decision<\/a>&nbsp;in February&nbsp;ordering Trump to pay a $454 million penalty. Trump has appealed this decision and posted a required&nbsp;<a href=\"https:\/\/thefederalist.com\/2024\/03\/26\/trumps-reduced-bond-doesnt-make-letitia-james-election-meddling-lawfare-any-less-scandalous\/\" target=\"_blank\" rel=\"noreferrer noopener\">$175 million appeal bond<\/a>.&nbsp;<\/p>\n<p><strong>Latest developments<\/strong>: As expected, President Trump <a href=\"https:\/\/www.nbcnews.com\/politics\/donald-trump\/trump-appeals-civil-fraud-judgment-company-new-york-case-rcna163155\" target=\"_blank\" rel=\"noreferrer noopener\">appealed the civil fraud judgment<\/a> last week. The appeal spanned 95 pages and categorized the case as an &ldquo;unauthorized, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-tells-new-york-appeals-court-to-toss-454-million-fraud-judgment-washington-examiner\/\" title=\"Trump tells New York appeals court to toss 4 million fraud judgment - Washington Examiner\">unprecedented power-grab&#038;rdquo<\/a>; by Attorney General Letitia James.&nbsp;<\/p>\n<hr>\n<p>      Steve Roberts is a partner and Oliver Roberts is an associate with Holtzman Vogel Baran Torchinksy &amp; 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>From New York to Florida, prosecutors pursuing cases against President Trump may be feeling increasingly frustrated. A few months ago, their chances of filing charges in several cases before the November general election appeared promising. However, currently, only Alvin Bragg has successfully wrapped up his trial against the former president, and even that jury&#8217;s decision is expected to be impacted by the Supreme Court&#8217;s ruling on presidential immunity. Here\u2019s an update on each case:<\/p>\n<p>**Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment**<br \/>\nBackground: Manhattan District Attorney Alvin Bragg\u2014who ran on a platform focused on prosecuting Trump\u2014charged him with 34 felony counts for allegedly falsifying business records related to a nondisclosure agreement involving payments made by Trump&#8217;s former attorney Michael Cohen to adult film actress Stormy Daniels. The trial concluded on May 30 with a guilty verdict that Trump plans to appeal. This conviction does not prevent him from running for president but could complicate his campaign efforts.<\/p>\n<p>Originally set just days before the Republican National Convention in Milwaukee, Trump&#8217;s sentencing has been postponed until at least September 18 so that legal briefs regarding the Supreme Court\u2019s ruling on presidential immunity can be submitted. Depending on these briefs, Judge Merchan might overturn the verdict.<\/p>\n<p>Latest updates: No new information available.<\/p>\n<p>**Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results**<br \/>\nBackground: In Georgia, District Attorney Fani Willis has charged Trump with 13 felony counts\u2014including racketeering\u2014for allegedly trying to contest the results of the 2020 election in Georgia. This case is currently stalled as it awaits a decision from the Georgia Court of Appeals regarding whether Willis should be disqualified from proceeding.<\/p>\n<p>Latest updates: No new developments; this case is unlikely to progress before November&#8217;s election.<\/p>\n<p>**Southern District of Florida: Prosecution by Biden DOJ for Handling Classified Documents**<br \/>\nBackground: Special Counsel Jack Smith and federal prosecutors have charged Trump with 40 federal offenses related to his alleged mishandling of classified documents at Mar-a-Lago in June 2023. On July 15, Judge Cannon dismissed this entire case due to constitutional violations concerning Smith\u2019s appointment\u2014citing issues like improper funding and lack of authority.<\/p>\n<p>Latest updates: Special Counsel Jack Smith has appealed Judge Cannon\u2019s dismissal; this appeal is now pending before the U.S. Court of Appeals for the 11th Circuit with an opening brief due August 27.<\/p>\n<p>**Washington D.C.: Prosecution by Biden DOJ for Jan. 6 Speech**<br \/>\nBackground: In another federal criminal matter led by Special Counsel Jack Smith, Trump faces four counts related to conspiracy and obstruction stemming from events surrounding January 6th, 2021. Trump&#8217;s legal team argues that he enjoys immunity while acting as president and claims First Amendment protections regarding his comments about election integrity\u2014a matter now under review by the Supreme Court.<\/p>\n<p>On July 1st, in *Trump v United States*, it was determined that former presidents are entitled &#8220;to absolute immunity from criminal prosecution&#8221; concerning actions within their constitutional authority\u2014such as pardons or vetoes\u2014and there remains a presumption of immunity even beyond those actions if they fall within official responsibilities&#8217; &#8220;outer perimeter.&#8221; The specifics will need clarification from lower courts but suggest broad protections exist when acting as president rather than during campaign activities.<\/p>\n<p>Two charges relating specifically to \u201cobstructing an official proceeding\u201d may also face challenges following recent Supreme Court rulings indicating overreach in similar contexts involving Congress proceedings\u2014a point further complicated given Judge Cannon&#8217;s earlier ruling against Smith&#8217;s appointment being unconstitutional.<\/p>\n<p>Latest updates: No new information available.<\/p>\n<p>**New York: Lawsuit by A.G. Letitia James for Inflating Net Worth**<br \/>\nBackground: Democratic Attorney General Letitia James filed suit against Trump alleging he misrepresented his net worth when dealing with banks and insurers without any claims of harm from those parties involved. After a non-jury trial led by Judge Arthur Engoron resulted in a $454 million penalty against Trump earlier this year\u2014which he plans to appeal\u2014the required bond was set at $175 million.<\/p>\n<p>Latest updates: As anticipated last week saw President Trump&#8217;s formal appeal against this civil fraud judgment spanning across an extensive document criticizing AG James\u2019 actions as an \u201cunauthorized power-grab.\u201d <\/p>\n<p>Steve Roberts is a partner and Oliver Roberts is an associate at Holtzman Vogel Baran Torchinsky &amp; Josefiak PLLC; they can be contacted via sroberts@holtzmanvogel.com or oroberts@holtzmanvogel.com<\/p>\n","protected":false},"author":3036,"featured_media":2318248,"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\/08\/Screenshot-2024-08-02-at-1.17.13%E2%80%AFPM.png","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[16727,32207,5894,3634],"class_list":["post-2318247","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist","tag-lawfare","tag-legal-cases","tag-politics","tag-trump"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/08\/Screenshot-2024-08-02-at-1.17.13%E2%80%AFPM.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2318247","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=2318247"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2318247\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2318248"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2318247"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2318247"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2318247"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}