Trump's Trials and Tribulations: Delays All Along the East Coast
Mar 16, 2024
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The podcast delves into Trump's legal trials and delays, including the Mar-a-Lago case, Fulton County DA disqualification, and New York trial postponement. They discuss legal complexities, challenges with discovery in Stormy Daniels case, and potential disqualification of a judge. Also, they explore hypothetical electoral laws, national security concerns, and counterintelligence implications.
Judge Cannon denied motion challenging constitutionality due to disputed definitions and facts.
New York trial delay due to belated discovery issues by federal prosecutors.
Judge McAfee quashed six counts due to lack of specific details in the indictment.
Deep dives
Judge Cannon Denies Motion Based on Unconstitutional Vagueness
Judge Cannon denied a motion challenging the constitutionality of certain phrases within the statutes related to the willful retention of national defense information. The motion argued that the terms were unconstitutionally vague, but Judge Cannon determined that further evaluation was needed due to disputed definitions and factual issues. The denial was without prejudice and may be revisited during jury instruction briefing or other motions.
New York Trial Delayed Due to Belated Discovery
The New York trial involving Stormy Daniels and election interference was delayed up to 30 days due to belated discovery issues. Federal prosecutors from the Southern District of New York did not promptly produce requested materials, leading to a delay request from the state prosecutors. Despite disagreements on fault, the defense requested the delay, awaiting Judge Mershan's decision to postpone the trial.
Fulton County Charges Quashed by Judge McAfee
Judge McAfee quashed six counts related to solicitation to violate their oath of office charges in Fulton County. These counts involved various interactions, including calls to officials like Raffensberger and former Georgia House Speaker Ralston. The indictment lacked specific details, leading to the dismissal of these charges against Trump and others implicated in the case.
Legal Proceedings and Potential Indictment
Fawnee Willis may seek reindictment, facing challenges and delays. The case, involving various charges, remains intact. Judge McAfee's decision on Willis remains pending.
Predictions and Potential Appeal
Judge McAfee may not disqualify Fawnee Willis, but could scold the prosecution. Potential factual findings could impact an appeal. McAfee could grant a certificate of immediate review due to legal uncertainties.
It's another episode of “Trump's Trials and Tribulations,” recorded on March 14 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Senior Editor Roger Parloff and Lawfare Legal Fellow and Courts Correspondent Anna Bower to talk about the Thursday hearing in the Mar-a-Lago case and everything Judge Cannon still needs to rule on. They also discussed how Judge McAfee may rule in whether to disqualify Fulton County DA Fani Willis and why the New York City trial may be delayed by a month. And of course, they took audience questions from Lawfare Material Supporters on Riverside.
To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.
This episode was recorded on Thursday, which was before Judge McAfee issued his order on the motion to disqualify the Fulton County DA's Office from the 2020 Georgia election interference case. We recorded a separate live podcast on that decision, which you can find now on YouTube or listen to it on Monday on the Lawfare Podcast feed.