#McAfee last wk said #FaniWillis can remain on the most sprawling of 4 #criminal cases against #Trump as long as Wade resigns, which Wade did on Fri.
…Attys for Trump & the other defendants said in court papers on Mon that Wade’s resignation was not enough to correct the appearance of impropriety the judge found. Defense attys say a failure to remove Willis could imperil any convictions & force a retrial if an appeals court later finds it was warranted.
If #SCOTUS does not rule until late June or sends the case back to the lower courts for further consideration of the scope of any #immunity, the #trial might not take place until after the election.
If #Trump prevails in the #election, he could order the #DOJ to drop the charges.
#Trump may enlist #PaulManafort
…While no formal decision has been made, 4 people described the hiring as expected & said Trump was determined to bring #Manafort back into the fold.
Manafort worked for Trump in 2016 before being ousted & later #convicted of tax & bank #fraud#felonies as part of Robert #Mueller’s investigation into #Russia’s 2016 #ElectionInterference. He served time in #prison before receiving a #pardon in the final days of Trump’s presidency.
“As written, these 6 counts contain all the essential elements of the #crimes but fail to allege sufficient detail regarding the nature of their commission, i.e., the underlying #felony solicited,” #McAfee wrote.
But, the judge, added, “This does not mean the entire indictment is dismissed.”
#Hur, the special counsel, who is appearing …at the request of… #JimJordan, has arranged to resign from the #DOJ …one day before he is scheduled to appear….
The top U.S. #intelligence ofcl on Mon warned that the #war in #Gaza could embolden #terrorist groups, which are aligned in their opposition to the #UnitedStates for its support of #Israel.
“The crisis has galvanized #violence by a range of actors around the world. And while it is too early to tell, it is likely that the Gaza conflict will have a generational impact on #terrorism,” #ODNI#AvrilHaines, told an annual hearing on #GlobalSecurity#threats.
Clark also alleges that #NathanWade "obviously lied" (eh hem, mr. attorney, you require strong corroborating proof to establish perjury not just an “obviously”) under oath.
#Trump’s attorneys accused #ManhattanDA#AlvinBragg of a pursuing a “fantasy” case against TFG by tying #HushMoney payments made to his fmr attorney #MichaelCohen w/the 2016 election.
[uh, sure, let’s talk about fantasy f⁕⚠︎er, “I’m the real president” & I’m the Queen of the universe, delusional mf]
Both #Trump’s lawyers & the DA’s office have urged the judge to exclude #testimony & arguments from the other side. Trump is seeking to disqualify testimony from #MichaelCohen, as well as #evidence related to other alleged “catch & kill” schemes Trump’s circle executed ahead of the 2016 presidential #election.
#SCOTUS has scheduled argument for April 25 to review #Trump’s claim that he is #immune from #criminal prosecution on charges of trying to overturn the results of the #2020election.
They have at times targeted #Democratic areas, relying on new data programs & novel #legal theories to justify their push.
In one #Michigan town, >100 #voters were removed after an activist lobbied ofcls, citing an obscure state law from the 1950s. In the #Detroit suburb of #Waterford, a clerk removed 1,000 people from the rolls in response to a similar request.
The #Michigan activists are part of an expansive web of grass-roots groups that formed after #Trump’s attempt to overturn his defeat in 2020. The groups have made mass #VoterChallenges a top priority this #election year, spurred on by a fmr Trump #lawyer, #CletaMitchell, & True the Vote, a #vote-monitoring group w/a long history of spreading #misinformation.
Their mission, they say, is to maintain accurate voting records & remove #voters who have moved to another jurisdiction. #Democrats, they claim, use these “excess registrations” to stuff ballot boxes & steal elections.
The theory has no grounding in #fact. Investigations into voter #fraud have found that it is exceedingly rare & that when it occurs, it is typically isolated or even accidental.
#Election ofcls say that there is no reason to think that the systems in place for keeping voter lists up-to-date are failing.
The bigger risk, they note, is disenfranchising #voters.
…the challenges have consequences. In some states, a challenge alone is enough to limit a voter’s access to a mail ballot, or to require additional documentation at the polls. Privately, activists say they consider that a victory.
Activists can then use the data to assemble lists of #voters to challenge. The program also tracks the outcome of the challenge & whether a voter later tries to #vote, info that could be shared w/ #election officials or #law enforcement….
In January, Michigan’s secretary of state demanded that Markee reinstate all the #voters who had not confirmed that they had moved. In a recent interview, Markee said she was still in discussions about the matter.
“They found this loophole in the state of #Michigan,” she said. “We have to follow the #law.” [The MI statute the activists cited gives “guidelines”]
Adjusting the dials on each of the factors makes a dispositive difference.
If #SCOTUS decides the case on Jun 17 & #Chutkan does not compress the pretrial proceedings, an 8-wk trial will conclude on Nov 1, 2024. Before #Election Day.
But if the Court decides the case on Jun 30 & Chutkan does not compress the pretrial proceedings, a 12-wk trial will conclude on Dec 13, 2024. After Election Day—but before the next president is inaugurated on Jan 20, 2025.
One way that could happen is if #SCOTUS holds that the president is #immune for some subset of ofcl acts.
But—& this is important—not all holdings that are more protective of the executive branch would require fact-finding. As Jack Goldsmith has written, there may be reasonable concerns about prosecuting #POTUS under generally applicable statutes. But the Court can potentially address those concerns w/o a remand for (extensive) fact-finding.
E.G., it could say its holding does not extend to conduct related to (a) foreign affairs, or (b) powers textually assigned to #POTUS, like the pardon power or the power to recognize ambassadors....
Now even that isn't clear—is the president immune from a bribery prosecution for sale of pardons?
The point is that a ruling that addresses #SeparationOfPowers questions, like the ones Jack Goldsmith has raised, doesn't necessarily require remand & fact-finding.
So we should not assume that a #SCOTUS ruling that isn't a total rejection of #immunity across the board, which is what the DC Circuit's decision was, would necessarily #delay the proceedings further.
(But if anyone can find a way to create further delays it’s #Trump & his friends on The Court)