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☆ Hunter Biden, Citing Trump’s Classified Documents Ruling, Seeks Dismissal of Cases
▼ + stars: | 2024-07-18 | by ( Glenn Thrush | More About Glenn Thrush | ) www.nytimes.com time to read: +1 min

Hunter Biden asked a federal court in Delaware on Thursday to toss out his conviction in his gun case, citing the dismissal of charges against former President Donald J. Trump in his classified documents case in Florida. On Monday, a federal judge in Florida, Aileen M. Cannon, threw out the case against Mr. Trump, saying the special counsel overseeing his prosecution, Jack Smith, had been unconstitutionally appointed. Hunter Biden, President Biden’s younger son, who has been by his father’s side in recent days as the president faces mounting calls to exit the race, also cited a concurring opinion that Justice Clarence Thomas wrote when the Supreme Court expanded presidential immunity. In it, Justice Thomas raised doubts about how Mr. Smith got his job. Those decisions have given rise to unusual alliances: President Biden called the Supreme Court’s ruling “specious” and misguided, and his administration almost immediately signaled that it would appeal Judge Cannon’s decision.

Persons: Hunter Biden, Donald J, Trump, Aileen M, Cannon, Jack Smith, Biden’s, Clarence Thomas, Justice Thomas, Smith, Biden, Cannon’s Locations: Delaware, Florida

CNN —Special counsel Jack Smith said Wednesday that he is appealing a judge’s decision to throw out the indictment against Donald Trump concerning his handling of classified documents. This means the shock ruling would be reviewed by judges from the 11th US Circuit Court of Appeals based in Atlanta. Cannon in her ruling on Monday had said that Smith’s appointment as special counsel was unconstitutional, warranting the dismissal of the case against Trump. Her decision was at odds with the rulings of judges across the country that rejected attacks on the legality of special counsel appointments. Absent a move to speed the appeal in the Trump documents case, it will likely take several months for the appeal to play out in the Atlanta-based appeals court.

Persons: Jack Smith, Donald Trump, Aileen Cannon, Cannon, Trump, Mark Meadows, George W, Bush, Smith, Walt Nauta, Carlos De Oliveira —, Merrick Garland, Smith —, Clarence Thomas, Thomas Organizations: CNN, Trump, FBI, Trump White House, Justice Department, Supreme, Circuit Locations: Atlanta, Mar, Lago, Georgia, Fort Pierce , Florida, Washington ,, Florida , Alabama

☆ Special counsel Jack Smith appeals dismissal of Trump classified documents case
▼ + stars: | 2024-07-17 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

Special counsel Jack Smith on Wednesday filed a notice appealing the stunning decision earlier this week by Florida court federal Judge Aileen Cannon that dismissed the criminal classified documents case against former President Donald Trump. Smith's appeal, which was expected, will be heard in the 11th Circuit U.S. Court of Appeals in Atlanta, which reviews cases arising from Florida federal courts. Peter Carr, a spokesman for Smith, said Wednesday, "We have no comment beyond the filing itself at this time." The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately." The appeal is likely to end up at the U.S. Supreme Court, regardless of how the 11th Circuit appeals court rules.

Persons: Jack Smith, Donald Trump, Smith, Aileen Cannon, Cannon, Trump, Peter Carr, Carr, Steven Cheung, Joe Biden Organizations: 11th Circuit U.S, Trump, U.S . Constitution, White, Witch, Democrat, Department, U.S, Supreme, Republican, Washington , D.C, U.S . Senate, Smith's Locations: Washington , U.S, Florida, Atlanta, U.S ., Lago, U.S, Washington ,, United States

☆ Trump is now allowed to discuss classified documents case with potential witnesses and co-defendants after judge tosses charges
▼ + stars: | 2024-07-16 | by ( Katelyn | ) edition.cnn.com time to read: +3 min

CNN —A federal judge’s decision to toss out Donald Trump’s classified documents criminal case means the former president can now talk to his co-defendants and potential witnesses about what happened at Mar-a-Lago without facing consequences. That means Trump, his co-defendants and potential witnesses against them are no longer barred from discussing the case among each other. De Oliveira remains the property manager at Trump’s Mar-a-Lago Club in Florida. Such conditions are the norm in the federal district where the criminal case was brought. De Oliveira was “elated” Cannon dismissed the criminal case against him and the former president, his attorney John Irving told CNN.

Persons: Donald Trump’s, – Walt Nauta, Carlos De Oliveira –, Trump, De Oliveira, Aileen Cannon, Jack Smith, General Merrick Garland, ” Cannon, John Irving, ” Irving, “ Organizations: CNN, Southern, Southern District of, Trump, Republican National Convention, Trump’s, Lago, Prosecutors, Mar, The Justice Locations: Mar, Southern District, Southern District of Florida, Milwaukee, Florida

☆ GOP sees divine intervention in Trump’s triumphant return
▼ + stars: | 2024-07-16 | by ( Stephen Collinson | ) edition.cnn.com time to read: +9 min

Thousands of Trump supporters in Milwaukee on Monday night hailed their leader, elevating him from MAGA superhero to saint-like status. For Trump’s millions of American fans, Monday night was a validation of their faith in God and the ex-president and the righteousness of his mission. A list of Black Republican and female Republican lawmakers gave speeches, offering a somewhat misleading perception that the GOP has a deep and diverse bench. One GOP source said speechwriters at the convention had thrown out all their pre-written material for the week’s top speakers and started again. The ex-president has a new chance at politics and life in the wake of his assassination attempt.

Persons: Donald Trump, MAGA, Trump, Sen, JD Vance, Ohio, He’s, “, ”, South Carolina Sen, Tim Scott, Providence, Kristi Noem, “ Nobody, They’ve, Marjorie Taylor Greene –, –, president’s, Trump’s, Hell, Joe Biden’s, he’d, Corey Comperatore —, Wisconsin Sen, Ron Johnson, Vance, Biden, ” Vance, Aileen Cannon, Jack Smith’s, … ” Trump, Elise Stefanik Organizations: CNN, Republican National Convention, Trump, Milwaukee Bucks NBA, America . South Dakota Gov, ” Georgia, Republican, Capitol, Washington Examiner, GOP, Wisconsin, Democrat, Florida, Washington , D.C, Democrat Justice Department, ” New York, Justice Department Locations: Pennsylvania, Milwaukee, American, South Carolina, America ., America, Washington, Ohio, New York, Florida, Washington ,

☆ Judge Dismisses Classified Documents Case Against Trump
▼ + stars: | 2024-07-15 | by ( Alan Feuer | ) www.nytimes.com time to read: +1 min

The federal judge overseeing former President Donald J. Trump’s classified documents case threw out all of the charges against him on Monday, ruling that Jack Smith, the special counsel who filed the indictment, had been given his job in violation of the Constitution. In a stunning decision delivered on the first day of the Republican National Convention, the judge, Aileen M. Cannon, found that Mr. Smith’s appointment as special counsel was improper because it was not based on a specific federal statute and because he had not been named to the post by the president or confirmed by the Senate. She also found that Mr. Smith had been improperly funded by the Treasury Department. The ruling by Judge Cannon, who was put on the bench by Mr. Trump in his final year in office, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been put into their posts.

Persons: Donald J, Trump’s, Jack Smith, Aileen M, Cannon, Smith’s, Smith, Judge Cannon, Trump Organizations: Republican National Convention, Senate, Treasury Department, Mr

☆ Judge who dismissed Trump case says prosecutor should have taken her more seriously
▼ + stars: | 2024-07-15 | by ( Geoff Weiss | Jacob Shamsian | ) www.businessinsider.com time to read: +1 min

She wrote the Special Counsel failed to brief her on other remedies beyond dismissal. "Startlingly, the Special Counsel submitted nothing" during a "lengthy hearing," Cannon wrote. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . AdvertisementJudge Aileen Cannon didn't just throw out the criminal charges alleging Donald Trump mishandled classified documents — she also suggested Special Counsel Jack Smith didn't take her seriously enough. The legality of special counsels has been debated for years, and Cannon wrote Monday that Congress needs to bestow such legal powers.

Persons: Aileen Cannon, Trump's, Cannon, —, Aileen Cannon didn't, Donald Trump, Jack Smith didn't, Smith Organizations: Service, Business

There may be a path for Smith to revive the case, Cannon noted in her ruling, and Smith can appeal the decision. Cannon left open a potential pathway in her ruling for the classified documents case to be revived. (He is being prosecuted by a separate special counsel, David Weiss.) And during the Trump-Russia investigation, multiple Trump allies similarly attempted to derail special counsel Robert Mueller’s work. Former Attorney General Edwin Meese and Citizens United argued the same, writing that Smith’s appointment “severely undermines” the constitutional order.

Persons: Donald Trump’s, Aileen Cannon, Jack Smith, General Merrick Garland, Smith, Cannon, Trump, “, ”, ” Cannon, Garland, Bill Barr, John Durham, Smith’s, it’s, Clarence Thomas The, Clarence Thomas, Thomas ’, Thomas, John Roberts, wasn’t, ” Thomas, Steve Vladeck, Joe Biden’s, Hunter Biden, David Weiss, Robert Mueller’s, James Pearce, Cannon’s, Edwin Meese, ” “ Organizations: Washington CNN, Trump, Republican National Convention, Republican, Justice Department, Senate, United, United States Attorney, Defense, Treasury, The, Prosecutors, CNN, Georgetown University Law Center, FBI, Former, Citizens United Locations: Milwaukee, United States, California, Delaware, Russia, Virginia, Washington, DC, Mar

☆ Trump classified documents case dismissed by Judge Aileen Cannon over special counsel appointment
▼ + stars: | 2024-07-15 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

The bombshell ruling by Judge Aileen Cannon in the U.S. District Court for the Southern District of Florida — who was appointed to that position by Trump — ruling comes two days after a would-be assassin narrowly missed killing Trump during a campaign rally in western Pennsylvania. A federal judge in Florida on Monday dismissed the criminal classified documents case against former President Donald Trump and two co-defendants, ruling that the appointment of special counsel Jack Smith as prosecutor for the case violated the appointments clause of the U.S. Constitution. The ruling is just the latest in a series of controversial rulings and decisions by Cannon that have been seen as favoring Trump. Trump still faces three other pending criminal prosecutions, all of which he had referenced in his Truth Social post. It is not clear yet how that ruling will affect the election case against him.

Persons: Trump's, Walt Nauta, Carlos De Oliveira, Trump, Judge Aileen Cannon, Trump —, Donald Trump, Jack Smith, Cannon, General Merrick Garland, —, Joe Biden's, Joe Biden, Tanya Chutkan, Chutkan Organizations: Republican National Convention, GOP, Southern, Southern District of, Trump, White, U.S . Constitution, U.S, Supreme, U.S . Senate, Washington , D.C, Manhattan, Democrat Justice Department Locations: Lago, Milwaukee, U.S, Southern District, Southern District of Florida, Pennsylvania, Florida, U.S ., United States, Washington ,, York, Georgia, Washington

☆ Florida judge dismisses classified documents case against Trump, ruling appointment of Jack Smith was unconstitutional
▼ + stars: | 2024-07-15 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +5 min

US District Judge Aileen Cannon — who was appointed to the bench by Trump while he was president — ruled Monday that the appointment of Justice Department Special Counsel Jack Smith, who is overseeing the prosecution, was unconstitutional. The legality of Justice Department special counsels has been the subject of some debate over the past two decades. Since then, the US Attorney General has appointed special counsels with less authority while relying on internal Justice Department regulations. AdvertisementDefense lawyers in special counsel investigations have routinely argued the appointment of these newer special counsels is unconstitutional. His lawyers had signaled that, on appeal, they would challenge the legality of appointing a special counsel in the first place.

Persons: Trump's, Lago, Aileen Cannon —, —, Jack Smith, Smith, Trump, Cannon, Jean Carroll's, Carroll, defaming, Ronald Reagan's, Bill Clinton's, General, Clarence Thomas, Robert Mueller, Hunter Biden, David Weiss Organizations: Trump, Business, White, FBI, Justice, Congress, Justice Department, Appeals, US, Defense Locations: Mar, Lago, Florida, Manhattan, Georgia, Iran, United States

☆ For 18 unprecedented days, Trump has kept coming out on top
▼ + stars: | 2024-07-15 | by ( Bryan Metzger | ) www.businessinsider.com time to read: +5 min

On Monday, Trump got another victory, at least for now: Judge Aileen Cannon dismissed the federal government's classified documents case against him. July 13: Surviving an assassination attemptAt a rally in Butler, Pennsylvania on Saturday, Trump narrowly avoided an attempt on his life. AdvertisementBut there's also no denying the political advantage that the attempted assassination gives Trump. Trump was escorted off-stage as Evan Vucci snapped his now-famous photo of the former president after an assassination attempt. Judge Aileen Cannon dismissed the federal government's classified documents case against Trump, ruling that the appointment of special counsel Jack Smith was unconstitutional.

Persons: —, Donald Trump, Joe Biden, Trump, Aileen Cannon, Biden, Kevin Dietsch, I'm, God I'm, there's, credibly, Evan Vucci, There's, Jack Smith, isn't, Smith, Cannon Organizations: Service, Republican, Convention, Democratic Party, Business, Biden, Trump, Democrats, Democratic, New York, Capitol, RNC, Supreme, Senate, Republicans Locations: Butler , Pennsylvania

☆ Live Updates: Judge Dismisses Classified Documents Case Against Trump
▼ + stars: | 2024-07-15 | by ( Alan Feuer | Benjamin Protess | ) www.nytimes.com time to read: +1 min

PinnedUpdated July 15, 2024, 10:28 a.m. ETA federal judge dismissed in its entirety the classified documents case against former President Donald J. Trump on Monday, ruling that the appointment of the special counsel, Jack Smith, had violated the Constitution. The ruling by Judge Cannon, who was put on the bench by Mr. Trump, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been named. And in a single swoop, it removed a major legal threat against Mr. Trump on the first day of the Republican National Convention, where he is set to formally become the party’s nominee for president. Mr. Smith’s team will almost certainly appeal the ruling by Judge Cannon throwing out the classified documents indictment, which charges Mr. Trump with illegally holding onto a trove of highly sensitive state secrets after he left office and then obstructing the government’s repeated efforts to retrieve them.

Persons: Donald J, Trump, Jack Smith, Aileen M, Cannon, Smith, Judge Cannon, Smith’s Organizations: Senate, Mr, Republican National Convention

CNN —A federal judge on Monday dismissed the classified documents case against Donald Trump, a shock ruling that clears away one of the major legal challenges facing the former president. In a 93-page ruling, District Judge Aileen Cannon said the appointment of special counsel Jack Smith violated the Constitution. She did not rule on whether Trump’s alleged mishandling of classified documents was proper or not. Even though a trial before the presidential election was considered highly unlikely, many legal experts had viewed the classified documents case as the strongest one of the four cases that were pending against the former president. Smith had charged Trump last year with taking classified documents from the White House and resisting the government’s attempts to retrieve the materials.

Persons: Donald Trump, Aileen Cannon, Jack Smith, ” Cannon, Cannon, Trump, ”, Smith, –, Clarence Thomas, James Pearce, “, Justice Department “, it’s Organizations: CNN, Republican National Convention, Truth Social, Justice Department, White, Trump, DOJ, United, United States Attorney Locations: Washington , DC, Georgia, New York, United States

☆ Aileen Cannon’s nuking of the Trump documents case continues her trend of embracing long-shot legal theories
▼ + stars: | 2024-07-15 | by ( Tierney Sneed | ) edition.cnn.com time to read: +8 min

She said Smith was unconstitutionally appointed as special counsel and that the funding of his office also violated the law. “It’s not just that this is an extreme argument about the Appointments Clause of the Constitution, it’s that it’s one that exactly one Supreme Court justice has endorsed and lots of precedent refutes,” said Steve Vladeck, a CNN Supreme Court analyst and professor at Georgetown University of Law. And Cannon’s opinion left open the possibility that the charges could be revived if brought by the Justice Department in a way not reliant on the current special counsel infrastructure. In other special counsel cases, defendants have not even bothered to bring the long-shot claims. The special counsel office has not yet weighed in on Cannon’s decision.

Persons: Aileen Cannon, Jack Smith’s, Donald Trump, Smith, Trump, –, It’s, ”, Steve Vladeck, Clarence Thomas, coronate Trump, Monday’s, Michael Moore, “ She’s, Moore, Obama, Clarence Thomas Just, Cannon, Thomas ’, Thomas, Robert Mueller’s, David Weiss ’, Hunter Biden, “, Justice Thomas, Mark Schnapp, it’s, ” Vladeck Organizations: CNN, Trump, CNN Supreme, Georgetown University of Law, Justice Department, Republican National Convention, House, Saturday, “ CNN, Appeals, Supreme Locations: Fort Pierce , Florida, Washington ,, South Florida, Robert Mueller’s Russia

☆ Dismissal Brings New Scrutiny to Judge With a History of Unorthodox Decisions
▼ + stars: | 2024-07-15 | by ( Alan Feuer | Eileen Sullivan | ) www.nytimes.com time to read: +1 min

Even before her bombshell decision on Monday to dismiss former President Donald J. Trump’s classified documents case, Judge Aileen M. Cannon had made any number of unorthodox rulings. In fact, since Judge Cannon took control of the case in June 2023, many of her decisions have been so outside the norm that they have fueled intense criticism of her legal acumen, stoked questions about favoritism toward Mr. Trump and slowed the documents case sufficiently that it would not come to trial before Election Day. Still, almost no one, including some defense lawyers working on the case, expected Judge Cannon to throw out the charges against Mr. Trump by ruling that Jack Smith, the special counsel who filed the indictment, had been unconstitutionally appointed to his job — especially on the first day of the Republican National Convention. The ruling upended 25 years of Justice Department procedure for naming and governing special counsels and called into question decisions by previous courts reaching back to the Watergate era.

Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon, Trump, Jack Smith Organizations: Mr, Republican National Convention

☆ A Judge’s Dismissal of the Trump Classified Documents Case Is Deeply Dangerous - The New York Times
▼ + stars: | 2024-07-15 | by ( Neal K. Katyal | ) www.nytimes.com time to read: +1 min

Judge Aileen Cannon’s decision to throw out serious national-security criminal charges in the classified documents case against Donald Trump is legally unsupported, ignores decades of precedent and is deeply dangerous. Her decision is quite unlikely to survive the tests of time, or even the appeal Mr. Smith’s office said he intends to make. But it will further delay a case that has moved so slowly under her direction that it was already virtually certain it would never go to a jury before Election Day. Judge Cannon asserts that no law of Congress authorizes the special counsel. The special counsel regulations were drafted under specific congressional laws authorizing them.

Persons: Aileen Cannon’s, Donald Trump, Jack Smith, “, Judge Cannon Organizations: United Locations: United States

☆ Jack Smith says Clarence Thomas’ attack on his appointment should not factor into classified documents case
▼ + stars: | 2024-07-12 | by ( Tierney Sneed | ) edition.cnn.com time to read: +2 min

CNN —Special counsel Jack Smith told the judge in the classified documents case in Florida that Supreme Court Justice Clarence Thomas’ criticism of his appointment should have no bearing on the criminal case against former President Donald Trump. In a brief filing Friday, Smith said that Thomas’ writing in the presidential immunity case – in a concurrence that no other justice joined – isn’t binding on US District Judge Aileen Cannon. In a filing last week, Trump’s lawyers brought to Cannon’s attention both the Supreme Court’s immunity ruling and the concurrence that Thomas wrote in that dispute. In response on Friday, Smith said that he agreed with Trump that both sides should file more briefing on how the high court’s immunity ruling affects the documents case. Cannon has not signaled yet how she’ll weigh the Supreme Court’s new ruling in the case before her.

Persons: Jack Smith, Clarence Thomas ’, Donald Trump, Smith, Thomas ’, –, Aileen Cannon, ” Smith, Thomas, Cannon, Trump, CNN’s Holmes Lybrand Organizations: CNN, Trump Locations: Florida, Washington ,

☆ Judge Aileen Cannon grants Trump's request to pause some deadlines in classified documents case amid immunity questions
▼ + stars: | 2024-07-06 | by ( Lisa Rubin | Megan Lebowitz | ) www.cnbc.com time to read: +2 min

U.S. District Judge Aileen Cannon on Saturday granted former President Donald Trump's request for further briefing on the issue of presidential immunity in the Mar-a-Lago classified documents case and delayed certain deadlines. Smith's brief is now due on July 18, and a reply from Trump's team is due on July 21. There is no trial date in sight in the classified documents case. The latest development comes after Trump's attorneys on Friday asked Cannon to pause court proceedings and consider how the Supreme Court's ruling affects the case. Trump's team in February had also filed a motion to dismiss the indictment on immunity grounds.

Persons: Donald Trump, Aileen Cannon, Donald Trump's, Trump, Cannon, Jack Smith, Judge Juan Merchan, Alvin Bragg's Organizations: CNN, U.S, Trump, Department of Justice, Manhattan Locations: Atlanta , Georgia, U.S

☆ Judge Denies Effort by Trump Co-Defendant to Have Charges Dismissed
▼ + stars: | 2024-07-06 | by ( Alan Feuer | ) www.nytimes.com time to read: +1 min

The federal judge overseeing former President Donald J. Trump’s classified documents case on Saturday rejected an effort by one of his co-defendants to have the charges he is facing dismissed by claiming that he was the victim of a vindictive prosecution by the government. The co-defendant, Walt Nauta, who works as a personal aide to Mr. Trump, had accused prosecutors in the office of the special counsel, Jack Smith, of unfairly indicting him because he declined to help their efforts to build a case against the former president by testifying against him in front of a grand jury. Mr. Nauta’s lawyer, Stanley Woodward Jr., also claimed that at a meeting at the Justice Department two years ago, prosecutors had threatened to derail a judgeship he was seeking if he did not prevail on his client to turn on Mr. Trump. But in an order issued on Saturday night, Judge Aileen M. Cannon rejected those arguments, ruling that even though Mr. Nauta had refused to provide testimony against Mr. Trump, there was “no evidence suggesting that charges were brought to punish him for doing so.”

Persons: Donald J, Trump’s, Walt Nauta, Trump, Jack Smith, Nauta’s, Stanley Woodward Jr, Aileen M, Cannon, Nauta, ” Organizations: Justice Department

☆ Trump presses Judge Cannon to take up immunity question in classified documents case in Florida
▼ + stars: | 2024-07-05 | by ( Paula Reid | Katelyn | ) edition.cnn.com time to read: +3 min

CNN —Attorneys for former President Donald Trump are now seeking to use the Supreme Court’s presidential immunity decision to help him in his criminal case in Florida over the mishandling of classified documents. In a new court filing Friday, Trump’s team said they want an updated schedule in the federal classified documents case so they can argue points related to the Supreme Court decision. The decision “guts the Office’s position that President Trump has ‘no immunity’ and further demonstrates the politically-motivated nature of their contention that the motion is ‘frivolous,’” Trump’s attorneys wrote. The Supreme Court’s decision directly applies to the federal case over 2020 election subversion efforts in Washington, DC, but it could impact all four of the criminal cases against the former president. Trump’s attorneys argue the concurrence “adds force” to motions Trump has filed against how Smith was appointed and funded.

Persons: Donald Trump, Trump’s, Trump, ”, Clarence Thomas, Jack Smith’s, Smith, Aileen Cannon’s, Cannon, Thomas, Thomas ’, CNN’s Holmes Lybrand Organizations: CNN, White, Trump Locations: Florida, Washington ,, Fort Pierce , Florida

CNN —Donald Trump will not be sentenced on his business fraud conviction until September, a New York judge ruled Tuesday in the wake of Monday’s Supreme Court decision on presidential immunity. The ruling could impact the indictments of Trump in the classified documents and Georgia election interference cases as well. Trump’s legal team filed a letter Monday seeking to challenge the former president’s conviction after the Supreme Court ruled that presidents have an absolute immunity from prosecution for core official acts. Will Scharf, an attorney who represents Trump in the immunity case, told CNN Monday night the high court’s ruling “absolutely” impacts the hush money case. Video Ad Feedback Biden reacts to Supreme Court's immunity ruling 04:35 - Source: CNN“Under Trump, this official-acts evidence should never have been put before the jury.

Persons: Donald Trump, Joe Biden’s, Trump, Juan Merchan, Jack Smith’s, –, defendant’s, Attorney Alvin Bragg, Trump’s, Will Scharf, “, ”, Hope Hicks, Biden, Trump ‘, ’ ”, ’ Organizations: CNN, Monday’s, Trump, Manhattan, Attorney’s, Attorney, ” Locations: New York, Georgia, Manhattan, Trump

Smith has argued in court filings that the indictment’s allegations against Trump, particularly regarding the fraudulent electors plot, represent a far more sweeping case. The Supreme Court’s opinion did not address the fake electors scheme specifically. Trump called the decision a “BIG WIN!” on social media. What is far more important for Trump is the Supreme Court’s pending decision on his argument for sweeping immunity on charges for his efforts to overturn the 2020 election. Read a full breakdown of the Supreme Court’s January 6 ruling.

Persons: Jose Luis Magana, Donald Trump, Jack Smith, Smith, John Roberts, nodded, —, Trump, Read Organizations: Trump, Capitol, CNN, Justice Department Locations: Washington ,

☆ Opinion | The Trump Decision Reveals Deep Rot in the System
▼ + stars: | 2024-07-01 | by ( Laurence H. Tribe | ) www.nytimes.com time to read: +1 min

The question before the justices in Trump v. United States: Was Donald Trump immune from prosecution for the crimes the special counsel Jack Smith accused him of committing while president? Indeed, to my knowledge, no court has ever held that a president could be criminally immune under any circumstances. Instead of delivering that judgment many months ago and allowing the trial to proceed, the justices have given Mr. Trump the gift of delay piled upon delay. American voters will enter ballot booths to choose between Donald Trump and President Biden without knowing whether Mr. Trump is guilty of the crimes with which a grand jury of his fellow citizens charged him. This decision may seem like a reflection of a rogue conservative majority that can, in time, be changed.

Persons: Donald Trump, Jack Smith, Trump, —, Biden Organizations: Trump v . United Locations: Trump v, Trump v . United States

☆ Supreme Court dissents take a 'darker tone' on Trump immunity ruling
▼ + stars: | 2024-07-01 | by ( Rebecca Picciotto | ) www.cnbc.com time to read: +2 min

Supreme Court Justices Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan laid out grim visions of U.S. democracy in their joint written dissents to the court's Monday decision on former President Donald Trump's claim of presidential immunity from criminal prosecution. "In every use of official power, the President is now a king above the law," Sotomayor wrote. It's more of a warning," LaCroix told CNBC in an interview about the three dissents, written by the only three justices nominated to the court by Democratic presidents. The immediate effect was to send special counsel Jack Smith's criminal election fraud case against Trump back to U.S. District Judge Tanya Chutkan. She will have to rule on whether the criminal charges pertain to official acts Trump carried out as president, granting him immunity, or his private conduct.

Persons: Sonia Sotomayor, Ketanji Brown Jackson, Elena Kagan, Donald Trump's, Sotomayor, Jackson, Alison LaCroix, LaCroix, Jack, Tanya Chutkan, Trump Organizations: University of Chicago, CNBC, Democratic, Trump, Republicans Locations: U.S

☆ Supreme Court rules Trump has limited immunity in January 6 case, jeopardizing trial before election
▼ + stars: | 2024-07-01 | by ( John Fritze | ) edition.cnn.com time to read: +7 min

Justice Sonia Sotomayor issued a lengthy and strongly worded dissent in which she excoriated the court for its decision. The chief justice said the trial court will have to assess what of Trump’s alleged conduct is immunized under the new test handed down by the high court, and the opinion said that additional briefing will be needed for the trial court to do so. Justice Amy Coney Barrett expressed frustration with how the court was sending the case back down for more proceedings. She suggested that because Trump’s wholesale challenge to the indictment had failed, at least some of the case could go forward. In that sense, if Smith narrowed his indictment, lower courts could hear the Trump trial this year.

Persons: Donald Trump, Trump, Sonia Sotomayor, John Roberts, “, ” Roberts, Trump’s, ”, Roberts, Amy Coney Barrett, ” Barrett, Jack Smith’s, Mike Pence, Biden, Smith, –, ‘, ’ Sotomayor, ” Sotomayor, CNN’s Paula Reid, Nikki Carvajal, Priscilla Alvarez Organizations: CNN, of Justice, Trump, Government

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