Politics Judiciary

Trump’s D.C. trial may not begin until 2026 or later, legal experts say – The Washington Post
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Donald Trump’s trial in Washington on charges of federal election obstruction may not begin until 2026 or later because of complex legal and factual issues that may ultimately be decided by the Supreme Court, according to legal experts.

Even that schedule is largely dependent on a particular outcome in the presidential election two months from now; if Vice President Kamala Harris defeats Trump, the cases against him are likely to proceed. But if Trump wins the election, he is expected to push his Justice Department to dismiss or at least shelve the charges against him.

At a hearing last week, the trial judge in the D.C. case signaled she planned to try to resolve key and complicated questions about presidential immunity in a matter of months. At the same time, U.S. District Court Judge Tanya S. Chutkan cautioned it would be “an exercise in futility” to set a new trial date, given the likely appeals.

2nd Circuit rejects Donald Trump’s request to halt postconviction proceedings in hush money case – ABC News
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A federal appeals court has rejected Donald Trump’s request to halt postconviction proceedings in his hush money criminal case, leaving a key ruling and the former president’s sentencing on track for after the November election

NEW YORK — A federal appeals court has rejected Donald Trump’s request to halt postconviction proceedings in his hush money criminal case, leaving a key ruling and the former president’s sentencing on track for after the November election.

A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan cited the postponement last week of Trump’s sentencing from Sept. 18 to Nov. 26 in denying his motion for an emergency stay.

The sentencing delay, which Trump had sought, removed the urgency required for the appeals court to consider pausing proceedings.

Chutkan Laughs Off Supreme Court Immunity Ruling In D.C. Trump Trial – The Federalist

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The federal judge overseeing former President Donald Trump’s criminal trial in Washington, D.C., scoffed at the Supreme Court’s decision this summer that recognized presidential immunity for official acts in office.

On Thursday, attorneys representing the ex-president objected to continued proceedings they argued run afoul of the high court’s ruling in July. In that decision a concurring opinion from Justice Clarence Thomas questioned the legitimacy of Jack Smith’s appointment as special counsel.

U.S. District Judge Aileen Cannon dismissed Trump’s classified documents case brought by Smith in Florida after the former president’s attorneys called the special counsel’s appointment illegal. D.C. District Judge Tanya Chutkan, however, said in Thursday’s hearing that Cannon’s argument for dismissal was not “particularly persuasive,” according to Politico reporter Kyle Cheney.

The New York Times reported that Chutkan “chuckle[d]” and slightly rolled her eyes in the courtroom Thursday when Trump’s attorneys argued the Supreme Court was “crystal clear” in rulings on immunity. Trump’s legal team had previously petitioned to remove the Obama-appointed judge from the case over her prejudicial statements against the former president and his supporters, particularly in rulings related to the Capitol riot on Jan. 6, 2021. Chutkan, however, denied requests to recuse herself from the case and allow the prosecution to proceed outside of the nation’s capital.

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A 5th U.S. Circuit Court of Appeals panel in a two-sentence order on Friday vacated a July decision by
U.S. District Judge Rolando Olvera refusing to reconsider an earlier ruling transferring the case from his
Brownsville, Texas, court to Los Angeles.
The appeals court issued its decision without prejudice, however, citing a related appeal that is still
pending. That means the NLRB can again move to transfer the lawsuit to California, where SpaceX is
based and the company is facing an administrative board case claiming it illegally fired engineers critical
of CEO Elon Musk.

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A federal appeals court extended a block on the Biden administration’s student debt relief plan known as SAVE, which lowers monthly payments for millions and accelerates debt cancellation for some borrowers who had taken out smaller loans. Before it was put on hold, the SAVE program had already canceled $5.5 billion for over 400,000 borrowers.

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The New York City Police Department adopted an emergency rule last week that will allow nonresidents to apply for concealed carry permits through the city, a move that could create a backdoor for out-of-state residents to carry their guns in the state.

New York City Mayor Eric Adams signed the changes into law last Tuesday, allowing for nonresidents to file carry applications in the city. Prior to the new order, NYPD rules did not contain formal procedures for applicants who do not live in New York or applicants who are primarily employed in New York City. The state also does not grant any form of reciprocity for individuals who hold a similar permit from another state.

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A panel of the New York Supreme Court Appellate Division on Thursday ruled to maintain the gag order in former president Donald Trump’s hush-money trial. While Trump was found guilty on May 3o of 34 felony counts of falsifying business records in the first degree, the court upheld Justice Juan Merchan’s decision to continue the restraining order until after sentencing has occurred.

The appeals court found that “the fair administration of justice necessarily includes sentencing” and that “threats received by District Attorney staff after the jury verdict continued to pose a significant and imminent threat.” The court concluded that paragraph (b) of the gag order “shall remain in effect until the imposition of sentence.”

On June 25, Justice Merchan partially allowed a Trump challenge of the gag order’s operation post-trial. That decision terminated the portions of the gag order pursuant to making statements about witnesses and prospective jurors. However, Justice Merchan maintained paragraph (b) of the order, preventing Trump from:

Making or directing others to make public statements about (1) counsel in the case other than the District Attorney, (2) members of the court’s staff and the District Attorney’s staff, or (3) the family members of any counsel, staff member, the Court or the District Attorney, if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staffs work in this criminal case, or with the knowledge that such interference is likely to result.