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☆ Supreme Court to decide Trump immunity claim, further delaying election subversion trial
▼ + stars: | 2024-02-28 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

CNN —The Supreme Court agreed Wednesday to decide whether Donald Trump may claim immunity in special counsel Jack Smith’s election subversion case, adding another explosive appeal from the former president to its docket and further delaying his federal trial. The high court on Wednesday ordered that a lower court ruling against Trump remain on hold until it decides the issue. As is common when granting a case, the court released only a short order and did not indicate how the justices voted. Trump had filed an emergency request at the Supreme Court on February 12 asking the justices to block a lower court ruling that he was not immune from Smith’s election subversion charges. Trump and Smith filed dueling briefs at the Supreme Court over whether the decision should be put on hold.

Persons: Donald Trump, Jack Smith’s, Trump, It’s, Smith, SCOTUS, Steve Vladeck, “, ” Vladeck, ”, Vladeck, Tanya Chutkan, Trump’s, Karen LeCraft Henderson, Florence Pan, Michelle Childs, eviscerated, Gore, George W, Bush, Al Gore, CNN’s Hannah Rabinowitz, Devan Cole Organizations: CNN, Supreme, Republican, Trump, DC Circuit, University of Texas School of Law Locations: New York, Bush

☆ Trump does not have presidential immunity in January 6 case, federal appeals court rules
▼ + stars: | 2024-02-06 | by ( Devan Cole | Hannah Rabinowitz | ) edition.cnn.com time to read: +5 min

CNN —Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency to reverse the 2020 election results, a federal appeals court said Tuesday. The ruling is a major blow to Trump’s key defense thus far in the federal election subversion case brought against him by special counsel Jack Smith. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the court wrote. Not protected under separation of powers clauseThe appeals court found that Trump is not protected from criminal prosecution under the separation of powers clause.

Persons: Donald Trump, Jack Smith, Smith, Trump, ”, J, Michelle Childs, Florence Pan, Joe Biden, Karen LeCraft Henderson, George H.W, George H.W . Bush, Trump’s, ’, ” Trump, “, CNN’s Holmes, Katelyn Polantz Organizations: CNN, Trump, DC Circuit, CNN Trump, Justice Department, DC Locations: George H.W ., United States

☆ Donald Trump can be charged with a crime, appeals court rules, setting up a Supreme Court showdown
▼ + stars: | 2024-02-06 | by ( Sonam Sheth | Natalie Musumeci | ) www.businessinsider.com time to read: +5 min

Trump's team will likely appeal the ruling to the conservative-majority Supreme Court. AdvertisementFormer President Donald Trump is not immune from criminal prosecution in the special counsel Jack Smith's election-interference case, a Washington, DC, appeals court panel ruled Tuesday. Tuesday's appeals court ruling and a possible Supreme Court showdown on the matter could have massive constitutional and political implications. "For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. That state-level business-fraud indictment may now be the first criminal case to go to trial.

Persons: Donald Trump, —, Jack Smith's, Trump, Smith, Trump's, Joe Biden, Donald Trump mingles, Charlie Neibergall, Tuesday's, Florence Pan, D, John Sauer, Sauer, wasn't, Pan Organizations: Service, Trump, Republican, AP Locations: Washington, Manhattan, Fulton County, Georgia, Iowa, Clinton , Iowa

But it also sets the stage for additional appeals from the Republican ex-president that could reach the U.S. Supreme Court and result in further delays. The judges gave Trump until February 12 to ask the Supreme Court to pause the ruling. The appeals court took center stage in the immunity dispute after the Supreme Court in December said it was at least temporarily staying out of it, rejecting a request from Smith's team to take up the matter quickly and issue a speedy ruling. But the court could yet still decide to act on a Trump team appeal, adding to the uncertainty of a trial date. The high court declined the request, leaving the matter with the appeals court.

Persons: Donald Trump, Jack Smith's, Trump, Joe Biden, ”, Biden, Tanya Chutkan, “, Smith, Florence Pan, Michelle Childs, Karen LeCraft Henderson, George H.W, George H.W . Bush, Trump’s, John Sauer, He’s, Stormy Daniels Organizations: WASHINGTON, —, White, U.S . Capitol, Republican, U.S, Supreme, Trump, Constitution, Democrat, Congress Locations: U.S, George H.W ., Washington, Florida, Lago, Georgia, New York

Trump has pledged to appeal and has until Monday to ask the Supreme Court to temporarily block the ruling. Perhaps to speed things along, the appeals court established a quick schedule for Trump to respond to Tuesday’s ruling, giving Trump until February 12 to file an emergency stay request with the Supreme Court. The Supreme Court, however, can take as long as it likes at each step. The cases are entirely separate – this is a criminal prosecution against Trump, and the upcoming Supreme Court case is a civil attempt to remove Trump from state ballots. Further, the appeals court’s findings and explanations in Tuesday’s ruling are not binding on the Supreme Court.

Persons: Donald Trump, “, Trump, It’s, Jack Smith, Karen LeCraft Henderson, Florence Pan, Michelle Childs, eviscerated Trump’s, Trump’s, –, Childs, Pan, Joe Biden, Henderson, George H.W, George H.W . Bush, ” “, ”, Nixon, ’, Tanya Chutkan, acquit Trump, Mitch McConnell Organizations: CNN, Trump, Electoral, Electoral College, Capitol, GOP, Justice Department, DC Circuit, United Locations: George H.W ., Washington ,, United States

☆ Opinion: We’ll finally get some answers from Iowa about Trump
▼ + stars: | 2024-01-14 | by ( Richard Galant | ) edition.cnn.com time to read: +18 min

It is a feat former President Donald Trump is trying to duplicate this year. The first true test of Trump’s comeback occurs Monday in Iowa, where caucusgoers will venture into sub-zero temperatures to choose between Trump, Florida Gov. After months of speculation, we’ll finally get some answers to a few questions: Is there an opening for any Republican aside from Trump? Most of our contributors thought Haley won Wednesday’s CNN debate in Iowa against DeSantis, but Trump’s absence from the stage again loomed large. “Haley sounded like someone looking to take on the genuine article — the Republican frontrunner,” wrote W. James Antle III.

Persons: George Washington’s, Grover Cleveland, ”, Troy Senik, Donald Trump, Cleveland, “, —, Republican frontrunner’s, Cleveland didn’t, Benjamin Harrison —, Ron DeSantis, Nikki Haley, Vivek Ramaswamy, we’ll, Will DeSantis, he’s, Haley, Wednesday’s, “ Haley, James Antle III, ’, ” Clay Jones, Chris Christie, Trump, ” Antle, who’s, Facebook Sophia, Nelson, “ Haley isn’t, Todd Graham, she’d, it’s, ” DeSantis, John Avlon, Laurence Tribe, Norman Eisen, Taylor Redd, Florence Pan, John Sauer, ” Bill Bramhall, Frida Ghitis, Ghitis, DeSantis, Julian Zelizer, Dean Obeidallah, Nikki Haley’s Lisa Benson, Peter Bergen, Prince Mohammed Bin Salman, Biden, ” Walt Handelsman, Max, Drew Sheneman, Hassan Shahidi, Shahidi, Oprah, Oprah Winfrey, John Salangsang, Adrienne Bitar, WeightWatchers, couldn’t, Rose Blanchard, Sarah Gundle, Blanchard, Claudine ‘ Dee Dee ’ Blanchard, Gypsy Rose, ” Dee Dee, Gundle, Dee Dee Blanchard, Pope Francis, ” Jill Filipovic, Filipovic, Pope, ” Lloyd Austin’s, Lloyd Austin, Joe Biden, Austin, isn’t, Bill Bramhall, “ Oppenheimer, “ Barbie, “ Barbie ”, Gene Seymour, Oppenheimer, Emma Stone, ” Seymour, Don’t, Michael Bociurkiw, Ukraine Lanhee J, Chen, Noah Berlatsky, Belichick Bill Belichick, Vince Lombardi, Jeff Haynes, Bill Belichick, Will Leitch, Jeff Pearlman, Nick Saban, ” “ Belichick, Saban, ’ Pearlman, Lou Piniella, ‘ Organizations: CNN, University of Michigan, Cleveland, Republican, Trump, Trump , Florida Gov, Wednesday’s CNN, DeSantis, New, New Jersey Gov, Twitter, Facebook, Florida Gov, DC, Agency, Capitol, GOP, US, UK, Alaska Airlines, Boeing, Max, Portland International, Flight, Foundation, Golden Globe, Globes, Catholic, Biden, Warner Bros ., Academy, Hollywood Foreign Press Association, Belichick, New England Patriots, Reliant, Patriots, Carolina Panthers, Getty, Super, Football, NFL, Minor League NFL, University of Alabama, Schlitz, Seattle Mariners Locations: Cleveland, Iowa, Trump , Florida, Trump, New Hampshire, New Jersey, Graham, Houthi, Yemen, Red, “, Saudi Arabia, Saudi, Bergen, Iran, Iraq, Iranian, Oregon, Beverly Hills , California, Ukraine, Houston , Texas, AFP, Swiss

☆ Opinion: The fear of physical harm that keeps even Trump’s supporters in line
▼ + stars: | 2024-01-11 | by ( Opinion Frida Ghitis | ) edition.cnn.com time to read: +7 min

The fact that Trump’s team seemed at best ambivalent over what anyone else could clearly see would be a shocking abuse of power was not one of those far-fetched hypotheticals put forth in the law to frame an argument. And it resonated because Trump is once again sending very clear signals that he endorses and even encourages political violence to support his cause. Trump’s adamant refusal to reject political violence strongly suggests that his choice of language is a deliberate tactic. But the real impact of the willingness of Trump’s supporters to use violence on his behalf can be seen inside his own Republican Party. As he leaves the door open to political violence, Trump recently sent an email to supporters falsely accusing Biden of a most egregious crime.

Persons: Frida Ghitis, Florence Pan, Donald Trump’s, hypotheticals, Trump, “, —, Trump’s, We’ve, White supremacists, ”, Rachel Kleinfeld, Kleinfeld, Eric Swalwell, Tanya Chutkan, Maine’s, Biden, Jack Smith, Donald Trump, he’s Organizations: CNN, Washington Post, Politics, Trump, Capitol, ABC, Republican Party, GOP, Carnegie Endowment, International, Democrat, Police, Seal Locations: Florida, demagogues, Washington

The Justice Department, during the Trump administration, closed an investigation into the realtors organization. The Biden administration re-opened it in 2021 so it could probe how broadly housing listings are available and what fees home sellers pay to the brokers who represent buyers. The government's concern focused on private listings of homes, which NAR banned but left some exceptions, and a rule that requires sellers to pay the buyer's broker. Because of concern about "pocket listings," or private listings not available to the public, the NAR adopted a "Clear Cooperation Policy" in 2019 that was supposed to ban pocket listings but has been criticized for allowing exceptions. The NAR's Participation Rule had required brokers who listed a house to offer compensation to the buyer's broker.

Persons: Sarah Silbiger, Trump, Biden, Judge Florence Pan, Frederick Liu, Chris Michel, Diane Bartz, Chizu Organizations: REUTERS, Rights, Justice Department and National Association of Realtors, The Justice Department, realtors, U.S ., Appeals, Circuit, NAR, Thomson Locations: Washington , U.S

At least three court cases touching legal issues that could affect special counsel Jack Smith’s approach are ripe for rulings from the DC Circuit. But the start of the new DC Circuit term in early September puts additional pressure on the circuit judges to clear out their opinions in lingering cases. Can investigators access data on the phone of a congressman who aided in Trump’s election reversal attempts? The DC Circuit has yet to decide whether investigators can access certain data from a phone of Perry’s that the FBI seized a year ago. However, Smith’s case as a criminal prosecution differs to the approach taken by the civil litigants in other ways.

Persons: Donald Trump, Jack Smith’s, Tanya Chutkan, Trump, Scott Perry, There’s, Smith, rioter Thomas Robertson, “ dishonestly, Karen Henderson, Nina Pillard, Florence Pan, Barack Obama, Joe Biden, Perry, Jeffrey Clark, Gregory Katsas, Neomi Rao, Ronald Reagan, Henderson, –, Sri Srinivasan, Katsas, Judith Rogers, Obama, Bill Clinton Organizations: CNN, US, DC Circuit, Republican, Capitol, Trump, Department, FBI, Pennsylvania Republican, Democratic, Justice Department Locations: Washington ,, Pennsylvania

Special counsel Jack Smith, at the beginning of 2023, obtained a search warrant for the Twitter account of Donald Trump as part of his criminal investigation into the former president's effort to reverse his loss in the 2020 election, a federal appeals court decision revealed Wednesday. The appeals court ruling says Twitter completed its production of Trump's account information for Smith's office on Feb. 9. And Twitter argued that by keeping the warrant secret from Trump, he would be unable to shield communications made using his Twitter account from prosecutors by asserting executive privilege. The unanimous ruling against the company on all points was issued by a three-judge panel of the U.S. Court Court of Appeals for the District of Columbia Circuit. Twitter was bought last year by Elon Musk, the billionaire who also heads Tesla , and SpaceX.

Persons: Jack Smith, Donald Trump, Twitter, Trump, Michelle Childs, Florence Pan, Joe Biden, Cornelia Pillard, Barack Obama, Elon Musk, Tesla, Joe Biden's DOJ Organizations: Twitter, Trump, Communications, U.S, Court, Appeals, District of Columbia Circuit, SpaceX

☆ Twitter was forced to pay $350,000 after it tried to thwart Jack Smith's efforts to get Trump's records
▼ + stars: | 2023-08-09 | by ( Brent D. Griffiths | Madison Hall | ) www.businessinsider.com time to read: +3 min

A federal judge forced Twitter to pay $350,000 for initially refusing to turn over records related to Trump. Special counsel Jack Smith's team had filed a search warrant for records related to @realDonaldTrump. Circuit Court of Appeals panel later upheld a lower court's decision that protected Smith's request over Twitter's First Amendment defense. It's not clear if Twitter CEO Elon Musk was aware of Smith's search warrant. Twitter was forced to pay the $350,000 fine after the district court found that it failed to turn over the records to Smith's team by the deadline.

Persons: Twitter, Jack Smith's, Donald Trump, Smith's, Trump, Joe Biden's DOJ, Peter Carr, It's, Smith, Judge Florence Pan, Elon Musk Organizations: Trump, Service, Politico, Capitol, Twitter, Biden, of Appeals Locations: Wall, Silicon

CNN —The special counsel investigation into Donald Trump secured a search warrant of the former president’s Twitter account, @realDonaldTrump, according to a newly unsealed court filing. The search was so secret that Twitter was initially barred from telling Trump the search warrant had been obtained for his account, and the company, now known as “X,” was fined $350,000 because it delayed producing the records sought under the search warrant. The search warrant special counsel Jack Smith obtained sought “data and records related” to Trump’s account, and ultimately, the platform was allowed to share some information about the search warrant with the former president. It said that Smith’s office had “difficulties” when it first attempted to serve Twitter with the search warrant and nondisclosure order. The next week, however, prosecutors contacted Twitter’s lawyer to check on the status of their compliance with the search warrant.

Persons: Donald Trump, ”, Jack Smith, Jack Smith’s, Trump, “, Trump ‘, ‘, ’, –, Smith, Florence Pan, J, Michelle Childs, Nina Pillard, Childs, Joe Biden, Pillard, Barack Obama, Twitter’s, Twitter Organizations: CNN, Twitter, Trump, DC, Appeals, Communications, Prosecutors, DC Circuit, Circuit

☆ Paramount to sell Simon & Schuster to KKR for $1.6 billion in cash
▼ + stars: | 2023-08-07 | by ( Ramishah Maruf | ) edition.cnn.com time to read: +2 min

New York CNN —Paramount has agreed to sell Simon & Schuster to private equity firm KKR for $1.6 billion in cash, after more than three years of trying to offload the book publishing powerhouse. Paramount posted Simon & Schuster for sale in 2020. In November 2022, Paramount ended its agreement to sell Simon & Schuster to Penguin Random House in what would have been a $2.2 billion deal. In October 2022, US District Court Judge Florence Pan ruled the combination of the book publishing giants would illegally reduce competition. The private equity firm also sold audiobook publisher RBMedia to H.I.G Capital this year after acquiring it in 2018.

Persons: Simon, Schuster, Bob Bakish, ” Bakish, Jonathan Karp, Dennis Eulau, Biden, Florence Pan, Penguin, RBMedia Organizations: New, New York CNN, Paramount, KKR, Paramount Global, Random, Justice, Elliott Management, Barnes & Nobles, Amazon, H.I.G, & $, & $ Locations: New York, Barnes

☆ Penguin Random House CEO to quit after merger blocked
▼ + stars: | 2022-12-09 | by ( ) www.reuters.com time to read: +2 min

BERLIN, Dec 9 (Reuters) - Penguin Random House head Markus Dohle will step down at the end of the year after a U.S. judge blocked a planned $2.2 billion merger of the world's largest publisher and rival Simon & Schuster, the company said in a statement on Friday. Nihar Malaviya, who is president and chief operating officer of Penguin Random House U.S., will take over as interim CEO from Jan. 1, the company said. Thomas Rabe, chief executive of Penguin's German owner Bertelsmann (BTGGg.F), expressed full confidence in Malaviya, who he said had a chance of permanently becoming CEO. With the deal's dissolution, Penguin will pay a $200 million termination fee to Paramount. Reporting by Klaus Lauer, Writing by Miranda Murray, Editing by Rachel More and Barbara LewisOur Standards: The Thomson Reuters Trust Principles.

☆ Penguin Random House scraps $2.2 bln deal to merge with Simon & Schuster
▼ + stars: | 2022-11-21 | by ( Gabriel Araujo | ) www.reuters.com time to read: +3 min

REUTERS/Stefan Wermuth/File PhotoWASHINGTON, Nov 21 (Reuters) - Penguin Random House, the world's largest book publisher, and rival Simon & Schuster have scrapped a $2.2 billion deal to merge, Penguin owner Bertelsmann (BTGGg.F) said in a statement. But Bertelsmann said in a statement on Monday that it "will advance the growth of its global book publishing business without the previously planned merger of Penguin Random House and Simon & Schuster." Paramount said on Monday that Simon & Schuster was a "non-core asset" to Paramount. Penguin writers include cookbook author Ina Garten and novelists Zadie Smith and Danielle Steele, while Simon & Schuster publishes Stephen King, Jennifer Weiner and Hillary Rodham Clinton, among others. The top five publishers are Penguin Random House, HarperCollins, Macmillan, Simon & Schuster and Hachette, with Walt Disney Co (DIS.N) and Amazon.com Inc (AMZN.O) also in the market.

WASHINGTON, Nov 7 (Reuters) - A U.S. judge cited negative impacts on top-selling authors in blocking a planned $2.2 billion merger of Penguin Random House, the world's largest book publisher, and rival Simon & Schuster, according to a written opinion released Monday. Penguin is owned by German media group Bertelsmann SE & Co (BTGGg.F) while Paramount Global (PARA.O) owns Simon & Schuster. Pan said those best-selling authors "have fewer outlets that can satisfy their requirements, and therefore are vulnerable to anticompetitive behavior." Penguin writers include cookbook author Ina Garten and novelists Zadie Smith and Danielle Steele, while Simon & Schuster publishes Stephen King, Jennifer Weiner and Hillary Rodham Clinton, among others. The top five publishers are Penguin Random House, HarperCollins, Macmillan, Simon & Schuster and Hachette, with Walt Disney Co (DIS.N) and Amazon.com Inc (AMZN.O) also in the market.

☆ Judge blocks Penguin Random House’s purchase of Simon & Schuster
▼ + stars: | 2022-10-31 | by ( Cnn Business Staff | ) edition.cnn.com time to read: +1 min

New York CNN Business —A federal judge blocked Penguin Random House from buying Simon & Schuster, arguing that the combination of the two book business giants would illegally reduce competition. The ruling, most of which remained confidential, comes nearly a year after the Justice Department sued to block the deal. US District Court Judge Florence Pan agreed with the Biden administration that the deal should not be allowed to go forward. Penguin Random House and Simon & Schuster are two members of the “Big Five,” the industry’s term for the five biggest publishers in the United States. Simon & Schuster’s parent, Paramount, and Penguin Random House, a subsidiary of German media giant Bertelsmann, announced the $2.175 billion deal in November 2020.

WASHINGTON, Oct 31 (Reuters) - A planned $2.2 billion merger of Penguin Random House, the world's largest book publisher, and rival Simon & Schuster cannot go forward, a U.S. judge ruled on Monday. Unlike most merger fights, which are focused on what consumers pay, this one focused on authors' earnings. Penguin writers include cookbook author Ina Garten and novelists Zadie Smith and Danielle Steele, while Simon & Schuster publishes Stephen King, Jennifer Weiner and Hillary Rodham Clinton, among others. Penguin is owned by German media group Bertelsmann SE & Co (BTGGg.F) while Paramount Global (PARA.O) owns Simon & Schuster. The top five publishers are Penguin Random House, HarperCollins, Macmillan, Simon & Schuster and Hachette, with Walt Disney Co (DIS.N) and Amazon.com Inc (AMZN.O) also in the market.

The Democratic-led Senate confirmed four new circuit court judges in the last two weeks, most recently U.S. District Judge Florence Pan to the powerful U.S. Court of Appeals for the D.C. By contrast, Trump had installed 69 judges at this point in his tenure. The most recent two-term presidents, Barack Obama and George W. Bush, each secured 325 Senate-confirmed judges for district courts, circuit courts and the Supreme Court over eight years. McConnell's allies say a GOP-run Senate would force Biden to pick judges who are acceptable to conservatives in order to get floor votes. Republicans ended the tradition for circuit judges in the Trump era and some liberals want to end it for district judges so that GOP senators in red states cannot block Biden’s nominees for vacancies.

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