DC - Former President Donald Trump indicted, 4 federal counts in 2020 election interference, 1 Aug 2023, Trial 4 Mar 2024 #2

[sds71]

MINUTE ORDER as to DONALD J. TRUMP: Defendant's unopposed 273 Motion to Continue Filing Deadlines is hereby GRANTED.
The court's 233 Order and 10/03/2024 Minute Order are MODIFIED as follows: Defendant's combined Response and Renewed Motion to Dismiss Based on Presidential Immunity is due November 21, 2024; the Government's combined Reply and Opposition is due December 5, 2024; and Defendant's combined Reply and Sur-Reply is due December 19, 2024. In addition, the deadlines for Defendant's Motion to Compel Immunity-Related Discovery and Reply in Support of Motion for Leave to File a Motion to Dismiss Based on the Appointments and Appropriations Clauses are extended until November 21, 2024. All deadlines listed above are for 5:00 PM on the listed dates. Signed by Judge Tanya S. Chutkan on 10/28/2024. (zcll)

United States v. TRUMP, 1:23-cr-00257 - CourtListener.com

Docket for United States v. TRUMP, 1:23-cr-00257 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

 

[sds71]

More than 18 months ago, as Donald Trump sought to delay several high-profile witness’ testimony to a grand jury investigating his effort to subvert the 2020 election, Washington’s top federal district judge sensed a potential calamity.

“The special counsel’s investigation is moving quickly. There is an imperative that it moves quickly particularly so as not to interfere with the 2024 election cycle,” Chief Judge James Boasberg said on April 3, 2023, according to a newly unsealed transcript of the secret proceeding. “So when the former President’s pleading says that there will be a nominal impact from a delay, I think that is a vast understatement, that there would be a serious and deleterious impact from a delay.”

https://storage.courtlistener.com/recap/gov.uscourts.dcd.248616/gov.uscourts.dcd.248616.32.16.pdf

https://www.politico.com/news/2024/10/28/trump-grand-jury-documents-unsealed-00185970

 

[SouthAussie]

Trump has vowed to fire Smith if he's reelected, but that might not be necessary since long-standing DOJ policy bars the prosecution of a sitting president -- meaning the federal cases against Trump may be stopped immediately should Trump take office.

While his federal case will inevitably go away if Trump wins, the exact way it happens is uncertain. Smith could attempt to issue a final report about his findings, Trump could face a standoff with Congress or the acting attorney general about firing Smith, or Judge Chutkan could push back against the Justice Department's eventual move to dismiss the charges.

If Trump loses the election, Judge Chutkan is expected to continue to assess whether any of the allegations in the case are protected by presidential immunity. Her final decision will likely be appealed and could return to the Supreme Court, likely delaying a trial for at least another year, according to experts.

What happens to Trump's criminal cases after his election win?

As Donald Trump seeks a return to the White House, here's what could happen in each of his four criminal cases should he be reelected, versus what he faces if he's not.

abcnews.go.com

 

[Auntie Cipation]

Trump has vowed to fire Smith if he's reelected, but that might not be necessary since long-standing DOJ policy bars the prosecution of a sitting president -- meaning the federal cases against Trump may be stopped immediately should Trump take office.

While his federal case will inevitably go away if Trump wins, the exact way it happens is uncertain. Smith could attempt to issue a final report about his findings, Trump could face a standoff with Congress or the acting attorney general about firing Smith, or Judge Chutkan could push back against the Justice Department's eventual move to dismiss the charges.

If Trump loses the election, Judge Chutkan is expected to continue to assess whether any of the allegations in the case are protected by presidential immunity. Her final decision will likely be appealed and could return to the Supreme Court, likely delaying a trial for at least another year, according to experts.

What happens to Trump's criminal cases after his election win?

As Donald Trump seeks a return to the White House, here's what could happen in each of his four criminal cases should he be reelected, versus what he faces if he's not.

abcnews.go.com

I thought that if Trump wins he could pardon himself from any federal charges, killing the federal cases for good. No?

 

[Laura456]

I thought that if Trump wins he could pardon himself from any federal charges, killing the federal cases for good. No?

"I thought about it and no, I don't want to send myself to prison. K thanks"

 

[Niner]

Docket updates:

Doc # Date Filed Description
274 Oct 31, 2024 LEAVE TO FILE DENIED- Motion as to DONALD J. TRUMP. "Leave to file DENIED. Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate that practice. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". This document is unavailable as the Court denied its filing. Signed by Judge Tanya S. Chutkan on 10/30/2024. (zstd) (Entered: 10/31/2024) Main Document
Leave to File Denied

277 Oct 31, 2024 Main Document Memorandum in Opposition

275 Oct 31, 2024 LEAVE TO FILE DENIED- Complaint and Motion as to DONALD J. TRUMP. "Leave to filed DENIED. Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate that practice. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". This document is unavailable as the Court denied its filing. Signed by Judge Tanya S. Chutkan on 10/30/2024. (zstd) (Entered: 10/31/2024)
Main Document Leave to File Denied

276 Oct 31, 2024 LEAVE TO FILE DENIED- Motion as to DONALD J. TRUMP. "Leave to filed DENIED. Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate that practice. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". This document is unavailable as the Court denied its filing. Signed by Judge Tanya S. Chutkan on 10/30/2024. (zstd) (Entered: 10/31/2024)
Main Document Leave to File Denied


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=3

 

[SouthAussie]

Docket updates:

Doc # Date Filed Description
274 Oct 31, 2024 LEAVE TO FILE DENIED- Motion as to DONALD J. TRUMP. "Leave to file DENIED. Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate that practice. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". This document is unavailable as the Court denied its filing. Signed by Judge Tanya S. Chutkan on 10/30/2024. (zstd) (Entered: 10/31/2024) Main Document
Leave to File Denied

277 Oct 31, 2024 Main Document Memorandum in Opposition

275 Oct 31, 2024 LEAVE TO FILE DENIED- Complaint and Motion as to DONALD J. TRUMP. "Leave to filed DENIED. Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate that practice. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". This document is unavailable as the Court denied its filing. Signed by Judge Tanya S. Chutkan on 10/30/2024. (zstd) (Entered: 10/31/2024)
Main Document Leave to File Denied

276 Oct 31, 2024 LEAVE TO FILE DENIED- Motion as to DONALD J. TRUMP. "Leave to filed DENIED. Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate that practice. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". This document is unavailable as the Court denied its filing. Signed by Judge Tanya S. Chutkan on 10/30/2024. (zstd) (Entered: 10/31/2024)
Main Document Leave to File Denied


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=3

Sounds like Judge Chutkan ruled in favour of the prosecution. This is all about Thomas' opinion that the special prosecutor was not properly appointed.


Special counsel Jack Smith on Thursday rubbished the latest efforts by former President Donald Trump to have the Jan. 6 prosecution against him dismissed as both “untimely and without merit.”

“In a separate case against the defendant in the Southern District of Florida, he timely filed the very challenge that he belatedly advances here, a year after the deadline for such a motion in this case”

Smith, for his part, tersely rejects Trump’s appeal to Thomas’ authority — and Cannon’s cross-country ruling based on it.

“The D.C. Circuit’s decision in In re Grand Jury Investigation, squarely forecloses the defendant’s Appointments Clause argument,” the government’s motion reads — referring to a case involving special counsel Robert Mueller.

Jack Smith rubbishes latest Trump dismissal bid in Jan. 6 case as meritless and too late

Smith says, the relevant appeals court has already ruled on the issues at stake – in a precursor case tangentially involving Trump himself; a case prosecuted by special counsel Robert Mueller.

lawandcrime.com

 

[TootsieFootsie]

I would not be surprised to see all charges dropped.

 

[SouthAussie]

Trump has said multiple times he plans to fire special counsel Jack Smith and end the federal cases against him for trying to overturn the 2020 presidential election and mishandling classified documents.

“It clearly paid off to aggressively push to delay these cases as long as possible,” said Jessica Levinson, a constitutional law professor at Loyola Law School.

Dismissing Smith would allow the Department of Justice and Trump’s attorney general to move to drop the charges against him and end the court cases.

But until Inauguration Day on January 20, Smith has time to weigh his options on issues the department has never had to confront before.

One early hurdle is whether the Justice Department’s Office of Legal Counsel considers a president-elect to be covered by the same legal protection against prosecution as a sitting president. That guidance would determine the next course of action, people briefed on the matter told CNN.

Under federal law, Smith must provide a confidential report on his office’s work to the attorney general before he leaves the post.

What happens to Trump’s criminal and civil cases now that he’s been reelected

 

[SouthAussie]

It sounds as if the prosecution could still go ahead in about 4 years time. When he is 82 years old or so.


"In short, the president-elect is now his own judge and jury, insulated from the criminal consequences he might have faced without the legal force field of the Oval Office.

The case is still likely months or even years away from resolution. Now, Trump may have the power to grind litigation to a halt for the duration of his presidency."

https://www.politico.com/news/2024/11/06/trump-win-what-next-legal-cases-00187635

 

[Inthedetails]

It sounds as if the prosecution could still go ahead in about 4 years time. When he is 82 years old or so.


"In short, the president-elect is now his own judge and jury, insulated from the criminal consequences he might have faced without the legal force field of the Oval Office.

The case is still likely months or even years away from resolution. Now, Trump may have the power to grind litigation to a halt for the duration of his presidency."

https://www.politico.com/news/2024/11/06/trump-win-what-next-legal-cases-00187635

Thanks for bringing it back to the topic of the thread: crimes.

jmo

 

[GRT]

What about the November 26 sentencing date in the hush money trial?

 

[sunshineray]

It sounds as if the prosecution could still go ahead in about 4 years time. When he is 82 years old or so.


"In short, the president-elect is now his own judge and jury, insulated from the criminal consequences he might have faced without the legal force field of the Oval Office.

The case is still likely months or even years away from resolution. Now, Trump may have the power to grind litigation to a halt for the duration of his presidency."

https://www.politico.com/news/2024/11/06/trump-win-what-next-legal-cases-00187635

Yep he will order his newly appointed DOJ to drop the case. Here's a Forbes article.

"If Trump wins: Trump’s reelection would be a likely death knell for his criminal cases in federal court, and while his win wouldn’t directly stop his cases in state court, it would likely delay their impacts until after he leaves office."

Guess it's up to the States indicting him but if it gets to The Supreme you know they'll just vote immunity until he's out of office.

What Could Happen To Trump’s Legal Cases If He Wins—Or Loses—The Election

Jack Smith will suggest this week what his cases against Trump will look like going forward—but their long-term future is contingent on Trump losing.

www.forbes.com

 

[SouthAussie]

We see historic and old cases being prosecuted. There should be no reason why his prosecution can't happen in 4 years time. He would likely drag it out that long anyway, even if the prosecution had been able to go ahead now (or after inauguration).

It sounds as if Jack Smith will prepare a report for the AG - showing all the evidence - and probably keep a copy in safe keeping elsewhere so his report can't disappear.

I like to think that some people won't forget a case of alleged election interference by a president. It is one for the history books.

imo

 

[Inthedetails]

Keeping to the WS topics of crime and justice,

"With impending control of the Justice Department, he can shutter his federal criminal cases. As for his state cases, Trump’s lawyers are expected to ask judges to put his Georgia and New York prosecutions on ice."

https://thehill.com/regulation/court-battles/4975899-trump-legal-defense-election-victory/

 

[Betty P]

Keeping to the WS topics of crime and justice,

"With impending control of the Justice Department, he can shutter his federal criminal cases. As for his state cases, Trump’s lawyers are expected to ask judges to put his Georgia and New York prosecutions on ice."

https://thehill.com/regulation/court-battles/4975899-trump-legal-defense-election-victory/

They'll probably continue to pursue the NY prosecutions.

 

[Knitty]

This thread is closed for review.

 

[Tricia]

Hey Everyone,

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DC - Former President Donald Trump indicted, 4 federal counts in 2020 election interference, 1 Aug 2023, Trial 4 Mar​

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[concernedcitizen706]

How do you unwatch a thread? I can't find any button for that.

 

[Niner]

How do you unwatch a thread? I can't find any button for that.

The button "Unwatch" should be a the top of this thread - all the way to the right...