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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 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

☆ 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

Circuit holds that Trump cannot invoke immunity as a defense against charges connected to his attempts to overturn the 2020 presidential election and a violent insurrection at the Capitol on Jan. 6, 2021. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel’s ruling states. “The Indictment charges that former President Trump violated criminal laws of general applicability,” the opinion states. The panel ruling was unanimous and effectively bipartisan, with Democratic- and Republican-appointed judges in agreement. Such an appeal would continue a stay of the panel’s ruling until the high court acted.

Persons: Donald Trump’s, Trump, “, ” Trump, Steven Cheung, –, ”, ” “, Tanya Chutkan, Barack Obama, Karen LeCraft Henderson, George H.W, George H.W . Bush, J, Michelle Childs, Joe Biden, Florence Y, Pan, Appeal Trump Organizations: U.S ., Appeals, Circuit, Capitol, Trump, ” Trump Supporters Storm, Democratic, Republican, Appeal, Supreme Locations: United States, George H.W .

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

☆ 5 Takeaways From the Appeals Court Hearing on Trump’s Immunity Claim
▼ + stars: | 2024-01-09 | by ( Charlie Savage | Alan Feuer | ) www.nytimes.com time to read: +1 min

A three-judge panel of the federal appeals court in Washington heard arguments on Tuesday in a momentous case over former President Donald J. Trump’s claim that he is immune from criminal charges for the efforts he took to overturn the 2020 election. A ruling by the court — and when it issues that decision — could be a major factor in determining when, or even whether, Mr. Trump will go to trial in the federal election case. Here are some takeaways:All three judges signaled skepticism with Trump’s position. The judges on the Court of Appeals for the District of Columbia Circuit appeared unlikely to dismiss the charges against Mr. Trump on grounds of presidential immunity, as he has asked them to do. The two Democratic appointees on the court, Judge J. Michelle Childs and Judge Florence Y. Pan, peppered John Sauer, a lawyer for Mr. Trump, with difficult questions.

Persons: Donald J, Trump, Judge J, Michelle Childs, Florence Y, John Sauer, Karen L, Henderson, Biden Organizations: Appeals, District of Columbia Circuit, Mr, Democratic, Republican Locations: Washington

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

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

☆ Ron Klain credits Rep. Jim Clyburn for pushing Biden to put the first Black woman on the Supreme Court
▼ + stars: | 2023-03-09 | by ( Nicole Gaudiano | ) www.businessinsider.com time to read: +3 min

Ron Klain gave credit to Rep. Jim Clyburn for the appointment of Ketanji Brown Jackson to the Supreme Court. Clyburn urged Biden in 2020 to promise voters he would put the first Black woman justice on the court. That promise was important to Clyburn, whose endorsement played a big role in Biden becoming president. But he defended Jackson during confirmation battles, urged "strong bipartisan support" for her, and said she "will make an extraordinary Supreme Court Justice" when she was sworn in. She was a finalist when President Barack Obama selected now-Attorney General Merrick Garland for a Supreme Court nomination, he said.

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