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But the court’s opinion also makes clear that this ruling is not a death knell for Smith’s case. Smith charged Trump with engaging in a “criminal scheme” to subvert the 2020 election; Trump has pleaded not guilty to four counts. In Nixon v. Fitzgerald, the Supreme Court held that a president enjoyed civil immunity for all “official acts.” Now, in Trump v. United States, the court grappled with which “official” acts should also receive criminal immunity. In order to settle the extent of Trump’s immunity, Chutkan should expeditiously schedule the mini-trial to hear witness testimony and receive other relevant evidence from both parties. In response to Trump’s assertion of civil immunity there, the DC Circuit put in place a lengthy discovery schedule for the lower court to determine the extent of Trump’s civil immunity.
Persons: Norman Eisen, , Donald Trump, Danya Perry, Joshua Kolb, Neil Gorsuch, Jack Smith’s, Donald Trump’s, Norm Eisen, Tanya Chutkan, Smith, Trump, Nixon, Fitzgerald, , Joshua Kolb CJ, John Roberts, Justice Department —, Mike Pence, Mark Meadows, Jeffrey Clark —, Clark, Steve Jones, Meadows, Brad Raffensperger, Jones, Meadows’s, Sotomayor, Chutkan, Pence, Bill Barr —, Trump’s, slimming, , Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson Organizations: CNN, Perry Law, Division, Southern, of, State, Moreland Commission, Nixon, Trump v ., Justice Department, Trump, White, Trump administration, Georgia, Meadows, Circuit, Congress, Capitol Police, Capitol, DC Circuit, Twitter Locations: of New York, New York, Moreland, Trump v, Trump v . United States, Georgia, Fulton, Meadows
If she does not course-correct, she’s headed for another shellacking by the circuit – and possible removal from the case. That statute outlines the parameters between a president’s official and personal records, and sets up processes for how official documents are preserved. If this were true, the mere fact that Trump took the documents with him from the White House would inherently turn them into personal records. Importantly, Smith asked Cannon to let both parties know “promptly” how she viewed the law. Ejecting her from the case would be extremely unusual and Smith does not mention seeking it in his papers.
Persons: Norman Eisen, Trump, Danya Perry, Perry Guha, Joshua Kolb, Jack Smith, Donald Trump’s, Smith, Aileen Cannon, Donald, Cannon, she’s, counterarguments, Cannon’s, , fashioning, Organizations: Democrats, Brookings, New, Public, CNN, Appeals, Circuit, Trump, Records, National Archives, Records Administration, White Locations: Lago, Bedminster , New Jersey
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