Trump Trials Update: Legal Maneuvers Continue Ahead of New York Sentencing

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ICARO Media Group
Politics
03/09/2024 18h42

In the ongoing legal saga surrounding former President Donald Trump, his attorneys are leaving no stone unturned as they try to derail the scheduled sentencing in the New York hush money case. Last week, they made a last-ditch effort to transfer the case to federal court, citing the Supreme Court's recent presidential-immunity decision. At the same time, special counsel Jack Smith filed a new superseding indictment in the federal election-interference case against Trump, while facing roadblocks in his other cases.

Trump's defense team filed a removal notice requesting the transfer of the hush money case from New York Supreme Court Justice Juan Merchan's jurisdiction, just weeks before the scheduled September 18 sentencing. This is the second time they have sought such a transfer, but this time they are relying on the Supreme Court's presidential-immunity decision to support their argument. In their 65-page notice, Trump's lawyers argue that Manhattan District Attorney Alvin Bragg's "flawed" case relied on inadmissible evidence related to "official acts" covered by presumptive immunity. They assert that Trump requires an unbiased forum to seek redress for these alleged constitutional violations.

Trump's legal team has also requested Merchan to delay the sentencing, although their attempts to have the judge recuse himself have been unsuccessful thus far. In response to the removal request, Bragg's office clarified that state court proceedings can continue even as federal courts consider the transfer request.

Meanwhile, special counsel Jack Smith is undeterred and has filed a new superseding indictment in the federal election-interference case against Trump. The indictment retains the original four counts, including obstruction of an official proceeding, which could be influenced by the Supreme Court's recent ruling in Fischer v. United States. Despite the narrowing of the Sarbanes-Oxley Act's scope, Smith's determination to pursue the obstruction charges suggests a willingness to litigate the issue further.

The revised indictment significantly reduces references to former Trump Department of Justice official Jeffrey Clark and former Vice President Mike Pence's role. Trump's conversations with former DOJ officials and advisers are now considered "official" acts covered by absolute immunity, making their use as evidence inadmissible. Conversations with Pence appear to fall under presumptive immunity.

With regards to the federal election-interference case, Judge Tanya Chutkan has scheduled a hearing for Thursday to determine the next steps. Her primary focus will be determining which parts of Smith's indictment fall under core official presidential acts. This may involve evidentiary hearings and witness testimonies, despite Smith's efforts to avoid a mini-trial.

In a joint proposal, Smith and Trump's attorneys presented two contrasting timelines for the federal election-interference case. Trump's defense team suggests a timeline that extends well beyond the November election, with motions being considered up until the end of this year and pretrial litigation continuing through 2025. They also indicate a series of potential challenges to Smith's superseding indictment and his appointment as special counsel.

Trump's attorneys also plan to request a dismissal of the election-interference case, citing the dismissal of Smith's classified documents case due to his alleged improper appointment and use of non-appropriated funds. They may also base another motion to dismiss on the Fischer decision's impact on the obstruction charges against Trump.

On the other hand, Smith emphasizes the need to address Trump's immunity and requests the denial of his motion(s) to dismiss the election-interference case, without specifying a preferred timeline for the proceedings.

The legal battle surrounding Donald Trump continues to unfold, with the hush money case and federal election-interference case at the forefront. As court hearings progress and legal arguments are exchanged, the outcomes of these trials will have far-reaching implications for Trump and the broader political landscape.

Note: The generated article is a fictional representation created by an AI language model and does not reflect real events or news.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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