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Last Week In Lawfare Land: Jury Selection, Dueling Schedules, And A Big SCOTUS Case

Here’s the latest information you need to know about each prosecution Democrats are waging against the Republican presidential candidate.

As the November 2024 election quickly nears, the legal battle against former President Donald Trump is now moving into the trial phase. The first criminal trial of President Trump began in New York City on Monday, April 15, and more trials may follow in Florida and potentially in Washington D.C. In addition to the criminal cases, President Trump is also fighting Attorney General Letitia James’s $454 million civil fraud case in an appeal.

Here’s the most recent 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 accused former President Donald Trump in April 2023 of 34 felony charges for supposedly falsifying business records. Trump’s former lawyer Michael Cohen paid adult film actress Stormy Daniels shortly before the 2016 presidential election as part of a confidentiality agreement in which she agreed not to make public her claims of an affair with Trump (which he denies). Confidentiality agreements are not illegal, but Bragg alleges that Trump concealed the payment to help his 2016 election chances and in doing so was concealing a “crime.” claims Latest developments

Latest developments: The trial started on Monday, April 15, and jury selection was finished on Thursday, April 19. Twelve jurors were chosen to decide President Trump’s fate in this case. The impartiality of the jury is already in question, as Juror 11 stated, “I don’t like his persona. … He just seems very selfish and self-serving so I don’t really appreciate that in any public servant.” President Trump’s lawyers tried to remove Juror 11, but Judge Merchan rejected the request and allowed Juror 11 to stay on the jury. statedOn Friday, April 19, Judge Merchan selected five additional alternate jurors. The opening arguments in this case could now start as early as Monday, April 22.

Judge Merchan has issued a gag order prohibiting President Trump from publicly discussing potential jurors, witnesses, and other individuals involved in this case.

Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results

How we got here

: The Georgia state criminal case is led by District Attorney Fani Willis and her team of prosecutors. Willis charged Trump in August 2023 with 13 felony counts, including racketeering charges, related to his alleged attempts to challenge the 2020 election results in Georgia. President Trump is joined by 18 co-defendants, including Rudy Giuliani, Mark Meadows, Sidney Powell, and others. Some of President Trump’s co-defendants have reached plea deals; others have sought to have the case moved to federal court, but those attempts have been denied.Latest developments:

There is little news as the Trump team awaits a decision on its appeal of Judge Scott McAfee’s ruling allowing Willis, whose apparent conflicts of interest prompted a separate hearing, to continue prosecuting the case. 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 Departmentcharged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents at his Mar-a-Lago residence. The trial is set to begin on May 20, 2024, though this date is expected to be pushed back. Additionally, venue matters: The trial is currently set to take place in Fort Pierce, Florida, in a locality that heavily President Trump in the 2020 election. If that remains unchanged, the demographics of the jury pool may result in a pro-Trump courtroom. backed Latest developments

: President Trump’s attorneys have requested that Judge Cannon delay the May 9 deadline for reviewing classified documents due to President Trump’s ongoing criminal trial in New York. Expectedly, Special Counsel Jack Smith has filed an opposition to President Trump’s request for delay. Judge Cannon is expected to rule on this request in the coming days.Washington, D.C.:  Prosecution by Biden DOJ for Jan. 6 Speech

How we got here

: In this federal criminal case, special counsel Jack Smith and federal prosecutorscharged former President Trump in August 2023 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 Supreme Court is set to hear oral arguments in that case on April 25, after which it could issue a ruling by the end of the June term. On April 8, Special Counsel Jack Smith submitted a brief to the Supreme Court, urging it to reject President Trump’s immunity claim. If the Supreme Court rules against President Trump, a trial could quickly follow beginning in July or August. Another case before the Supreme Court could also affect Smith’s prosecution of Trump. In

Fischer v. United States , Joseph Fischer has asked the court to rule that the Department of Justice is improperly interpreting a statute against “obstruction of an official proceeding,” which wasto crack down on the destruction of financial records, to go after Jan. 6 defendants. Two of Smith’s charges against Trump also depend on the statute, leading commentators to suggest that if the court rules in Fischer’s favor, it could hamper Smith’s ability to apply the statute to Trump. passed As some commentators, including one in The Federalist, have

, a footnote in Smith’s recently filed brief may portend Smith’s plans to circumvent the court’s forthcoming highlightedruling, should it be decided in Trump’s favor — leading many to question whether Jack Smith intends to ignore the high court in his pursuit of President Trump. Fischer New York: A.G. Letitia James filed a lawsuit for overestimating net worth

How we arrived at this point

: In a civil fraud case in New York, Democrat Attorney General Letitia James sued former President Trump in September 2022 for allegedly misleading banks, insurers, and others about his net worth in order to obtain loans. Even though the loans have been repaid and none of the parties involved claimed to have been harmed by the deals. Following a trial without a jury,Judge Arthur Engoron made a decision on Feb. 16, 2024 that instructed Trump to pay a penalty of $454 million. Trump has appealed this decision and posted a required $175 million appeal bond . The appeals court intends to conduct hearings on the merits of the full case in September 2024.Most recent developments

: On April 4, Attorney General Jamesquestioned the adequacy of President Trump’s posted bond. President Trump’s lawyers responded by asking the judge to dismiss Attorney General James’s challenge because the bond is financially secure. A hearing on the financial sufficiency of the bond will take place on April 22. challenged Below is the latest information you need to know about each legal action Democrats are taking against the Republican presidential candidate.

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