A judge has postponed a decision on whether to undo President-elect Donald Trump’s hush money conviction as prosecutors consider how to proceed in light of last week’s election and his lawyers argue for dismissal so he can run the country.
The postponement announced Tuesday comes at a dramatic and dynamic point in the New York case, which focused on how Trump accounted for payments to a porn actor before the 2016 election and produced a first-ever conviction of a former commander-in-chief.
Sentencing had been set for Nov. 26. But Manhattan prosecutors now say they’re reassessing, and they appear open to the possibility that the proceedings can’t go as planned.
“These are unprecedented circumstances,” Assistant District Attorney Matthew Colangelo wrote in an email to the court. He said prosecutors need to consider how to balance the “competing interests” of the jury’s verdict and the presidency.
Trump lawyer Emil Bove, meanwhile, argued the case must be thrown out altogether “to avoid unconstitutional impediments to President Trump’s ability to govern.”
The messages were exchanged over the weekend and released Tuesday, when Judge Juan M. Merchan had been set to rule on Trump lawyers’ earlier request to toss his conviction for a different reason — because of a U.S. Supreme Court ruling this summer on presidential immunity.
Instead, Merchan told Trump’s lawyers he’d halt proceedings and delay the ruling until at least Nov. 19 so that prosecutors can suggest a way forward. Both sides agreed to the one-week postponement.
Trump campaign spokesperson Steven Cheung heralded the delay. He said in a statement that the president-elect’s win makes it “abundantly clear that Americans want an immediate end to the weaponization of our justice system, including this case, which should have never been filed.”
Prosecutors declined to comment. A jury convicted Trump in May of falsifying business records related to a $130,000 payment to porn actor Stormy Daniels in 2016. The payout was to buy her silence about claims that she had sex with Trump.
Trump says they didn’t have sex, denies any wrongdoing and maintains the prosecution was a political tactic meant to harm his latest campaign. Trump is a Republican. Manhattan District Attorney Alvin Bragg, whose office brought the case, is a Democrat, as is Merchan.
Just over a month after the verdict, the Supreme Court ruled that ex-presidents can’t be prosecuted for actions they took in the course of running the country, and prosecutors can’t cite those actions even to bolster a case centered on purely personal conduct.
Trump’s lawyers cited that ruling to argue that the hush money jury got some evidence it shouldn’t have, such as Trump’s presidential financial disclosure form and testimony from some White House aides.
Prosecutors disagreed and said the evidence in question was only “a sliver” of their case.
Trump’s criminal conviction was a first for any ex-president. It left the 78-year-old facing the possibility of a fine, probation or up to four years in prison.
The Arizona Supreme Court has declined to hear Republican Kari Lake’s latest appeal over her defeat in the 2022 governor’s race, marking yet another loss in her attempt to overturn the race’s outcome.
The court made its refusal to take up the former TV anchor’s appeal public on Thursday without explaining its decision.
Lake, now locked in a U.S. Senate race against Democrat Ruben Gallego, had lost the governor’s race to Democrat Katie Hobbs by over 17,000 votes.
The courts had previously rejected Lake’s claims that problems with ballot printers at some Maricopa County polling places on Election Day in 2022 were the result of intentional misconduct and that Maricopa County didn’t verify signatures on mail ballots as required by law. A judge also turned down Lake’s request to examine the ballot envelopes of 1.3 million early voters. In all, Lake had three trials related to the 2022 election.
Despite her earlier losses in court and a ruling affirming Hobbs’ victory, Lake had asked the Arizona Supreme Court to review her case, claiming she had new evidence to support her claims. Lawyers for Maricopa County told the court that Lake failed to present any new evidence that would change the courts’ findings.
Lake is among the most vocal of Republican candidates promoting lies that Donald Trump had won the 2020 election over President Joe Biden, which she made the centerpiece of her campaign for governor. While most other election deniers around the country conceded after losing their races, Lake did not.
The Lake campaign didn’t respond to an email seeking comment on the Supreme Court’s latest decision.
A divided Pennsylvania appeals court ruled Wednesday that the envelopes voters use to send in mail ballots do not need to have been accurately hand-dated, weighing in after the state Supreme Court sidestepped the issue and six days before the end of voting in the presidential election.
The 3-2 decision by Commonwealth Court upheld a Philadelphia judge’s ruling that 69 mail ballots should be counted in a pair of single-candidate state House of Representatives special elections held in September.
The majority said the mandate for exterior envelope dates, which are not needed to determine if a ballot has arrived in time, violates a state constitutional provision that says elections must be free and equal and no civil or military power can interfere with the “free exercise of the right of suffrage.”
The majority opinion by Judge Ellen Ceisler said the envelope dating rules “restrict the right to have one’s vote counted in the special election to only those voters who correctly handwrite the date on their mail ballots and effectively deny the right to all other qualified electors who sought to exercise the franchise by mail in a timely manner but made minor mistakes or omissions.”
Ceisler, in a footnote, urged the national and state Republican parties, which lost the case, “to proceed expeditiously should they wish to appeal this decision.”
A lawyer for the Republican parties, Linda A. Kerns, said an appeal will be filed in the coming days.
“We know that the Supreme Court of Pennsylvania has already spoken on this issue,” Kerns said Wednesday. “Pennsylvania law requires voters to sign and date mail ballots — that is an important election integrity safeguard.”
Lawyers for the two Philadelphia voters who sued to have their ballots counted hailed the decision but acknowledged it may not be the last word.
“We hope that every county will abide by this ruling in its processing of mail ballots next month,” Mimi McKenzie, legal director of the Public Interest Law Center, said in a statement. She advised voters to still date their return envelopes and fix any balloting mistakes if they can.
In a dissent, Judge Matthew Wolf said his colleagues should have simply forwarded the case to the state Supreme Court or at least waited until after the election.
“The majority, in no uncertain terms, concludes that any county board of elections’ decision not to count undated or incorrectly dated mail-in and absentee ballots violates the free and equal elections clause of the Pennsylvania Constitution,” Wolf wrote.
Another dissent, by Judge Patricia McCullough, called the majority decision “a substantial change to voting rules at the eleventh hour and on specious grounds.”
“Wrong decisions issued at the wrong time are doubly threatening to the integrity of Pennsylvania’s elections and the public’s confidence in them,” McCullough said.
The state Supreme Court earlier this month rejected a request by voting rights and left-leaning groups to stop counties from throwing out mail-in ballots without the accurate, handwritten dates, citing earlier rulings that courts should avoid confusing voters close to elections.
A federal trial is set to begin Monday over claims that supporters of former President Donald Trump threatened and harassed a Biden-Harris campaign bus in Texas four years ago, disrupting the campaign on the last day of early voting.
The civil trial over the so-called “Trump Train” comes as Trump and Vice President Kamala Harris race into the final two months of their head-to-head fight for the White House in November.
Democrats on the bus said they feared for their lives as Trump supporters in dozens of trucks and cars nearly caused collisions, harassing their convoy for more than 90 minutes, hitting a Biden-Harris campaign staffer’s car and forcing the bus driver to repeatedly swerve for safety.
“For at least 90 minutes, defendants terrorized and menaced the driver and passengers,” the lawsuit alleges. “They played a madcap game of highway ‘chicken’ coming within three to four inches of the bus. They tried to run the bus off the road.”
The highway confrontation prompted an FBI investigation, which led then-President Trump to declare that in his opinion, “these patriots did nothing wrong.” Among those suing is former Texas state senator and Democratic nominee for governor Wendy Davis, who was on the bus that day. Davis rose to prominence in 2013 with her 13-hour filibuster of an anti-abortion bill in the state Capitol. The other three plaintiffs are a campaign volunteer, staffer and the bus driver.
The lawsuit names six defendants, accusing them of violating the “Ku Klux Klan Act,” an 1871 federal law to stop political violence and intimidation tactics.
The same law was used in part to indict Trump on federal election interference charges over attempts to overturn the results of the 2020 election in the run-up to the Jan. 6 U.S. Capitol insurrection. Enacted by Congress during the Reconstruction Era, the law was created to protect Black men’s right to vote by prohibiting political violence.
Videos of the confrontation on Oct. 30, 2020, that were shared on social media, including some recorded by the Trump supporters, show a group of cars and pickup trucks — many adorned with large Trump flags — riding alongside the campaign bus as it traveled from San Antonio to Austin. The Trump supporters at times boxed in the bus, slowed it down, kept it from exiting the highway and repeatedly forced the bus driver to make evasive maneuvers to avoid a collision, the lawsuit says.
On the two previous days, Biden-Harris supporters were subjected to death threats, with some Trump supporters displaying weapons, according to the lawsuit. These threats in combination with the highway confrontation led Democrats to cancel an event later in the day.
The lawsuit, which seeks unspecified monetary damages, alleges the defendants were members of local groups near San Antonio that coordinated the confrontation.
Francisco Canseco, an attorney for three of the defendants, said his clients acted lawfully and did not infringe on the free speech rights of those on the bus. “It’s more of a constitutional issue,” Canseco said. “It’s more of who has the greater right to speak behind their candidate.”
Judge Robert Pitman, an appointee of former President Barack Obama, is set to preside over Monday’s trial. He denied the defendants’ pretrial motion for a summary judgment in their favor, ruling last month that the KKK Act prohibits the physical intimidation of people traveling to political rallies, even when racial bias isn’t a factor.
While one of the defendants, Eliazar Cisneros, argued his group had a First Amendment right to demonstrate support for their candidate, the judge wrote that “assaulting, intimidating, or imminently threatening others with force is not protected expression.”
“Just as the First Amendment does not protect a driver waving a political flag from running a red light, it does not protect Defendants from allegedly threatening Plaintiffs with reckless driving,” Pitman wrote.
A prior lawsuit filed over the “Trump Train” alleged the San Marcos Police Department violated the Ku Klux Klan Act by failing to send a police escort after multiple 911 calls were made and a bus rider said his life was threatened. It accused officers of privately laughing and joking about the emergency calls. San Marcos settled the lawsuit in 2023 for $175,000 and a requirement that law enforcement get training on responding to political violence.
The Arkansas Supreme Court upheld the state’s rejection of signature petitions for an abortion rights ballot initiative on Thursday, keeping the proposal from going before voters in November.
READ MORE: Arkansas election officials reject petitions submitted to put abortion rights on 2024 ballot
The ruling dashed the hopes of organizers, who submitted the petitions, of getting the constitutional amendment measure on the ballot in the predominantly Republican state, where many top leaders tout their opposition to abortion.
Election officials said Arkansans for Limited Government, the group behind the measure, did not properly submit documentation regarding the signature gatherers it hired. The group disputed that assertion and argued it should have been given more time to provide any additional documents needed.
“We find that the Secretary correctly refused to count the signatures collected by paid canvassers because the sponsor failed to file the paid canvasser training certification,” the court said in a 4-3 ruling.
Following the U.S. Supreme Court’s 2022 decision removing the nationwide right to abortion, there has been a push to have voters decide the matter state by state.
Arkansas currently bans abortion at any time during a pregnancy, unless the woman’s life is endangered due to a medical emergency.
The proposed amendment would have prohibited laws banning abortion in the first 20 weeks of gestation and allowed the procedure later on in cases of rape, incest, threats to the woman’s health or life, or if the fetus would be unlikely to survive birth. It would not have created a constitutional right to abortion.
The ballot proposal lacked support from national abortion rights groups such as Planned Parenthood because it would still have allowed abortion to be banned after 20 weeks, which is earlier than other states where it remains legal.
Had they all been verified, the more than 101,000 signatures, submitted on the state’s July 5 deadline, would have been enough to qualify for the ballot. The threshold was 90,704 signatures from registered voters, and from a minimum of 50 counties.
In a earlier filing with the court, election officials said that 87,675 of the signatures submitted were collected by volunteers with the campaign. Election officials said it could not determine whether 912 of the signatures came from volunteer or paid canvassers.
Arkansans for Limited Government and election officials disagreed over whether the petitions complied with a 2013 state law requiring campaigns to submit statements identifying each paid canvasser by name and confirming that rules for gathering signatures were explained to them.
Supporters of the measure said they followed the law with their documentation, including affidavits identifying each paid gatherer. They have also argued the abortion petitions are being handled differently than other initiative campaigns this year, pointing to similar filings by two other groups.
State records show that the abortion campaign did submit, on June 27, a signed affidavit including a list of paid canvassers and a statement saying the petition rules had been explained to them. Moreover, the July 5 submission included affidavits from each paid worker acknowledging that the group provided them with all the rules and regulations required by law.
The state argued in court that this documentation did not comply because it was not signed by someone with the canvassing company rather than the initiative campaign itself. The state said the statement also needed to be submitted alongside the petitions.
The Supreme Court on Friday kept on hold in roughly half the country new regulations about sex discrimination in education, rejecting a Biden administration request.
The court voted 5-4, with conservative Justice Neil Gorsuch joining the three liberal justices in dissent.
At issue were protections for pregnant students and students who are parents, and the procedures schools must use in responding to sexual misconduct complaints.
The most noteworthy of the new regulations, involving protections for transgender students, were not part of the administration’s plea to the high court. They too remain blocked in 25 states and hundreds of individual colleges and schools across the country because of lower court orders.
The cases will continue in those courts.
The rules took effect elsewhere in U.S. schools and colleges on Aug. 1. The rights of transgender people — and especially young people — have become a major political battleground in recent years as trans visibility has increased. Most Republican-controlled states have banned gender-affirming health care for transgender minors, and several have adopted policies limiting which school bathrooms trans people can use and barring trans girls from some sports competitions.
In April, President Joe Biden’s administration sought to settle some of the contention with a regulation to safeguard rights of LGBTQ+ students under Title IX, the 1972 law against sex discrimination in schools that receive federal money. The rule was two years in the making and drew 240,000 responses — a record for the Education Department.
The rule declares that it’s unlawful discrimination to treat transgender students differently from their classmates, including by restricting bathroom access. It does not explicitly address sports participation, a particularly contentious topic.
Title IX enforcement remains highly unsettled. In a series of rulings, federal courts have declared that the rule cannot be enforced in most of the Republican states that sued while the litigation continues.
In an unsigned opinion, the Supreme Court majority wrote that it was declining to question the lower court rulings that concluded that “the new definition of sex discrimination is intertwined with and affects many other provisions of the new rule.”
Justice Sonia Sotomayor wrote in dissent that the lower-court orders are too broad in that they “bar the Government from enforcing the entire rule — including provisions that bear no apparent relationship to respondents’ alleged injuries
A Detroit judge who ordered a teenager into jail clothes and handcuffs on a field trip to his courtroom will be off the bench while undergoing “necessary training,” the court’s chief judge said Thursday.
Meanwhile, the girl’s mother said Judge Kenneth King was a “big bully.”
“My daughter is hurt. She is feeling scared,” Latoreya Till told the Detroit Free Press.
She identified her daughter as Eva Goodman. The 15-year-old fell asleep in King’s court Tuesday while on a visit organized by a Detroit nonprofit.
King didn’t like it. But he said it was her attitude that led to the jail clothes, handcuffs and stern words.
“I wanted this to look and feel very real to her, even though there’s probably no real chance of me putting her in jail,” he explained to WXYZ-TV.
King has been temporarily removed from his criminal case docket and will undergo “necessary training to address the underlying issues that contributed to this incident,” said William McConico, the chief judge at 36th District Court.
The court “remains deeply committed to providing access to justice in an environment free from intimidation or disrespect. The actions of Judge King on August 13th do not reflect this commitment,” McConico said.
He said the State Court Administrative Office approved the step. King will continue to be paid. Details about the training, and how long it would last, were not disclosed.
King, who has been a judge since 2006, didn’t immediately return a phone message seeking comment. At the close of his Thursday hearings, accessible on YouTube, he made a heart shape with his hands. The judge’s work includes determining whether there’s enough evidence to send felony cases to trial at Wayne County Circuit Court.
Till said her daughter was sleepy during the Tuesday court visit because the family doesn’t have a permanent residence.
“And so, that particular night, we got in kind of late,” she told the Free Press, referring to Monday night. “And usually, when she goes to work, she’s up and planting trees or being active.”
The teen was seeing King’s court as part of a visit organized by The Greening of Detroit, an environmental group.
Court Watch - POSTED: 2024/11/13 14:06
