Trump’s Trials and Tribulations: Two Weeks Until a Trial
Mar 30, 2024
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Lawfare's panel of legal experts discuss recent developments in Trump's legal trials, including trial scheduling, jury selection procedures, judge rulings, legal challenges, First Amendment issues, bar discipline proceedings, and the divide between law and equity. Audience questions provide additional insights into these complex legal matters.
Court proceedings in New York and Georgia shed light on upcoming trial dates and limitations on Trump's speech.
Legal actions against John Eastman and Jeffrey Clark reveal potential disbarment and disciplinary hearings related to election irregularities.
Nuanced examination of attorney-client privilege reveals complexities in invoking privileges, client identity issues, and the role of presidents in federal court cases.
Deep dives
Court Proceedings for Trump's Trials and Tribulations in New York and Georgia
During the podcast episode, a discussion of recent court proceedings related to Trump's trials and tribulations in New York and Georgia was highlighted. In New York, the hearing involved Justice Marchon ordering a new trial start date of April 15th, with considerations on late-breaking documents from the Southern District, attributing no fault to the DA, and moving towards a more certain trial date. The atmosphere in court was tense, with a serious tone and minimal interaction from Trump. In Georgia, hearings in Fulton County addressed motions and a gag order against Trump, limiting his speech on certain matters.
Disbarment Proceedings for John Eastman and Disciplinary Hearings for Jeffrey Clark
The podcast also delved into legal actions against John Eastman and Jeffrey Clark. In California, John Eastman faced a recommendation for disbarment by the state bar court following allegations of violations related to California's laws and potential criminality in the conspiracy statute. The recommendation awaits decisions from the California Supreme Court and an appeal process by Eastman. In Washington DC, disciplinary hearings focused on Jeffrey Clark's involvement in a draft memo to Georgia legislators, suggesting election irregularities. The trial highlighted testimonies, including Clark's evasive responses invoking multiple privileges and attorney client privilege mentioning Trump as his client, raising concerns and complications.
Testimonies and Legal Arguments in Clark's Defense
Jeffrey Clark's defense in the disciplinary hearings saw testimonies, including Matt Gaetz, and legal arguments exploring election irregularities. Clark testified evasively invoking various privileges, including the Fifth Amendment and attorney client privilege, identifying Trump as his client in the context of an attempted usurpation within the Department of Justice. The interactions during the hearings underscored the complexity of invoking multiple privileges and revealed potential conflicts regarding client identity and official duties, prompting critical examination from legal authorities.
Discussion on Attorney-Client Privilege and Representation
The podcast delves into the complex dynamics of attorney-client privilege, highlighting a moment where the nature of the relationship between the attorney and client was scrutinized. This led to a nuanced discussion about how Justice Department lawyers present themselves in federal court, emphasizing distinctions between representing the president and the executive branch. The exchange with an expert witness on legal ethics added layers to understanding the role of the president in attorney-client relationships.
Implications of Delay and Rulings in Legal Cases
The episode explores the delays and challenges faced in legal proceedings, particularly in cases related to Trump's conduct. Concerns about the handling of cases by judges, such as Judge Cannon, and delays in rulings were discussed. The podcast highlighted the impact of procedural issues, including sealed motions and docketing challenges, on the progression and outcomes of legal cases involving Trump.
It's another episode of “Trump's Trials and Tribulations,” recorded on March 28 in front of a live audience on YouTube and Riverside. Lawfare Editor-in-Chief Benjamin Wittes sat down with Lawfare Legal Fellow Anna Bower, Managing Editor Tyler McBrien, Associate Editor Katherine Pompilio, and Senior Fellows Roger Parloff and Quinta Jurecic to talk about the Monday hearing in New York where Judge Merchan ordered a new trial start date of April 15, the Thursday motions hearing in Fulton County, and why the Fulton County case isn't stayed as the defendants appeal Judge McAfee's decision to not disqualify DA Fani Willis. They also discussed Roger Parloff's article about what the government can do about Judge Cannon's odd proposed jury instructions and the bar discipline proceedings against John Eastman and Jeffrey Clark. And of course, they took audience questions from Material Supporters on Riverside.
To be able to submit questions to the panelists, become a Material Supporter at lawfaremedia.org/support.