Legal experts Anna Bower, Lee Kovarsky, and Martin Lederman discuss the legality of Special Counsel Jack Smith's appointment, appellate issues in Trump's NYC case, filings in Fulton County, and more. They tackle Supreme Court challenges, historical context of special counsel appointments, Judge Cannon's decision, recent court opinions, updates on cases in DC and Fulton County, delay in Supreme Court ruling, and legal ramifications for Trump-related cases.
Appellate potential hinges on unanimosity on unlawful means in Trump's case.
Dissecting unlawful elements crucial for crafting robust appellate strategy.
Appeal strategy in Trump's case emphasizes focus on unanimous agreement on each unlawful means.
Deep dives
Review of 17, 152 Conspiracy Elements
The focal point of the podcast discussion delves into the 17, 152 conspiracy elements charging Trump for unlawfully promoting his candidacy and engaging in a cover-up. The jury had to unanimously agree on the existence of a federal campaign finance violation, other falsified documentation, or a state tax law violation as the unlawful means, without having to concur on a specific one. This aspect presents potential appellate opportunities regarding requiring unanimity on each unlawful mean and potential errors in the jury instructions.
Exploring Appellate Potentials and Case Strategies
In assessing the appellate potentials and case strategies, it is highlighted that arguments focusing on unanimity regarding each unlawful means and potential errors in the jury instructions emerge as crucial points for consideration on appeal. The emphasis lies on dissecting the elements of the conspiracy charges, particularly pertaining to federal campaign finance violations, falsified documentation, and state tax law prohibitions, to craft a focused and robust appellate strategy.
Effective Appeal Approach under Legal Considerations
Crafting an effective appeal approach within the legal considerations necessitates structuring the arguments around the unanimous agreement on each unlawful means and potential instructional errors by Justice Marchean. The appeal strategy, as devised by bovie, delineates a methodical scrutiny of the individual unlawful means, eliminating weaker arguments related to biased rulings or selective prosecution claims in favor of a strategic emphasis on error-free jury instructions and unanimity prerequisites.
Legal Implications of Unlawful Means Instruction
Instructions related to unlawful means in different aspects of the case are discussed. The implications of unlawfulness in jury decisions and the need for unanimity among jurors regarding unlawful means are considered significant factors impacting the case's outcome.
Delays and Appeals in Fulton County Case
Nathan Wade's media appearances and actions related to the Fulton County case are scrutinized. Concerns over delays in the legal proceedings, including the appeal process and motions filed, are highlighted, shedding light on the evolving dynamics of the case.
This episode of “Trump's Trials and Tribulations,” was recorded on June 21 in front of a live audience on YouTube and Zoom.
Lawfare Editor-in-Chief Benjamin Wittes spoke to Lawfare Legal Correspondent and Legal Fellow Anna Bower, University of Texas law professor Lee Kovarsky, and Georgetown Law professor Martin Lederman about the Friday hearing on the legality of Special Counsel Jack Smith’s appointment in the classified documents case, the appellate issues at hand in Trump’s NYC case, the latest filings in Fulton County, and more. And of course, they took audience questions from Lawfare Material Supporters on Zoom.