This Week in Lawfare: What’s Next?
The summary revolves around the ongoing legal challenges faced by former President Donald Trump. Trump was convicted in Manhattan on 34 felony charges related to falsifying business records, a conviction stemming from nondisclosure agreements paid to Stormy Daniels with claims to have hidden it to influence the 2016 election. His sentencing is scheduled for July 11, and he plans to appeal. This case doesn’t prohibit his ability to run for president but could complicate campaign activities if he’s confined.
In Georgia, Trump faces charges related to challenging the 2020 election results, with the trial stalled due to appeals on whether the DA involved should be disqualified. In Florida and Washington D.C., Trump is embroiled in cases concerning mishandling classified documents and his actions during January 6, 2021, respectively. Both cases see significant legal maneuvers with no immediate trials likely before the November elections.
These cases present substantial political and legal ramifications, continuing to stir significant public and political discourse about law enforcement’s role in political matters.
With the end of the criminal trial in Manhattan, the lawfare against former President Donald Trump has now come to a halt.
The criminal cases against Trump in Georgia, Florida, and Washington D.C. are delayed while motions and appeals are pending. It is highly unlikely any of these cases reach trial before the November election.
Following his conviction in New York last month, President Trump is still awaiting his sentencing hearing on July 11.
Here’s the latest information you need to know about each case.
Read our previous installments here.
Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment
How we got here: In this New York state criminal case, Manhattan District Attorney Alvin Bragg — who The New York Times acknowledged had “campaigned as the best candidate to go after the former president” — charged former President Donald Trump with 34 felony charges for alleged falsification of business records. Trump’s former attorney Michael Cohen paid pornographic film actress Stormy Daniels shortly before the 2016 presidential election as part of a nondisclosure agreement in which she agreed not to publicize her claims that she had an affair with Trump (who denies the allegations). Nondisclosure agreements are not illegal, but Bragg claims Trump concealed the payment to help his 2016 election chances and in doing so was concealing a “crime.”
This criminal trial concluded on May 30, with the jury returning a guilty verdict on all 34 felony counts of falsifying business records. This case marks the first time a former U.S. president has been convicted of a felony. President Trump, who is expected to appeal the verdict, will be sentenced on July 11.
The conviction does not affect President Trump’s ability to run for president, though it may present complications with his ability to run a modern presidential campaign. For instance, if he were to receive a sentence including home confinement, he may be forced to request permission from a New York State bureaucrat for permission to travel to hold a campaign rally.
Latest developments: On June 10, in a response to U.S. House Judiciary Chairman Jim Jordan, the Department of Justice (DOJ) claimed that no emails were found between the DOJ’s leadership and District Attorney Alvin Bragg’s office regarding the investigation into President Trump, despite the fact that one of the top prosecutors on the case was a former No. 3 at the Biden DOJ.
On the same day, Trump met virtually with a New York City Probation Department official.
On July 12 — the day after President Trump’s sentencing hearing — District Attorney Bragg will testify before the U.S. House Select Subcommittee on the Weaponization of the Federal Government. Matthew Colangelo, a former high-ranking DOJ official who helped lead the Trump investigation, will appear alongside Bragg.
Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results
How we got here: The Georgia state criminal case is helmed by District Attorney Fani Willis and her team of prosecutors — which until recently included Nathan Wade, with whom Willis had an improper romantic relationship. Willis charged Trump in August 2023 with 13 felony counts, including racketeering charges, related to his alleged attempt to challenge the 2020 election results in Georgia. This case is currently stalled while the Georgia Court of Appeals hears an appeal on whether Willis should be disqualified from the case. The hearing is scheduled for Oct. 5, 2024.
Latest developments: On June 12, Fulton County prosecutors asked the Georgia Court of Appeals to dismiss Trump’s appeal regarding whether District Attorney Fani Willis should be disqualified from the case.
Despite Willis’s romantic relationship with a prosecutor on the case, the prosecutors argued that Trump did not “provide enough evidence of misconduct by Willis to warrant any review.”
Southern District of Florida: Prosecution by Biden DOJ for Handling of Classified Documents
How we got here: In this federal criminal case, special counsel Jack Smith and federal prosecutors with Biden’s Justice Department charged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents at his Mar-a-Lago residence. In early May, Judge Aileen Cannon postponed this trial indefinitely.
Latest developments: On June 10, Judge Aileen Cannon rejected Trump’s request to throw out the charges entirely but struck a paragraph from the indictment. The struck paragraph alleged that Trump showed a classified map to his PAC representative. Judge Aileen considered the allegation “prejudicial.”
After Judge Cannon’s ruling, Trump’s defense team filed another motion to dismiss, claiming that federal agents “destroyed exculpatory evidence.”
Washington, D.C.: Prosecution by Biden DOJ for Jan. 6 Speech
How we got here: In this federal criminal case, Special Counsel Jack Smith charged former President Trump with four counts of conspiracy and obstruction related to his actions on Jan. 6, 2021. President Trump’s lawyers have argued that immunity extends to actions taken by a president while acting in his official capacity and that, in any event, the First Amendment protects his right to raise legitimate questions about a questionable election process.
Latest developments: This case is currently stalled while awaiting a ruling from the Supreme Court on former President Trump’s immunity claim. The court generally issues its decisions by the end of June or early July.
New York: Lawsuit by A.G. Letitia James for Inflating Net Worth
How we got here: In this New York civil fraud case, Democrat Attorney General Letitia James — who campaigned on going after Trump — sued former President Trump under a civil fraud statute alleging that he misled banks, insurers, and others about his net worth to obtain loans, although the loans have been paid back and none of the parties involved claimed to have been injured by the deals. Following a no-jury trial, Judge Arthur Engoron — whom Trump’s lawyers have accused of “astonishing departures from ordinary standards of impartiality” — issued a decision in February ordering Trump to pay a $454 million penalty. Trump has appealed this decision and posted a required $175 million appeal bond.
Latest developments: This case mostly remains on hold.
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