Trump’s Trials and Tribulations: Removal, Gag Orders, and Disqualification, Oh My
Sep 23, 2023
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The podcast features Lawfare Senior Editor Scott R. Anderson and leading court reporters Roger Parloff and Anna Bower. They discuss removal proceedings in Georgia, a proposed gag order for Trump in Washington, mishandling of classified information by Trump in Florida, and the wave of litigation seeking to disqualify Trump under the 14th Amendment.
Trump's former officials may still face legal action in the future for their actions during his administration.
The decision to move up the trial date for Trump will depend on various factors, including concerns about witness intimidation and the readiness of both the defense and prosecution teams.
Deep dives
The challenges of scheduling a Garcia hearing in Trump's case
There may be difficulties in scheduling a Garcia hearing in Trump's case, especially if the judge is hesitant or unwilling to proceed. However, the government may still find ways to address potential conflicts by bringing them to light in other proceedings or through alternative methods.
Examining the potential liability of higher-ups in the Trump administration
While some higher-ranking officials in the Trump administration, such as Stephen Miller, Cash Patel, and Sebastian Gorka, have not faced direct legal action thus far, it does not necessarily mean they are immune from potential liability. Investigations and prosecutions may continue, and there could be ongoing developments that lead to future legal consequences for these individuals.
The possibility of former President Trump avoiding attending his trials
The requirements for a defendant's presence in trials vary depending on the jurisdiction and circumstances. In some cases, a defendant may have the option to waive their presence, but this may not be possible in all situations. The specifics would depend on the applicable laws and rules governing the trials.
Potential rescheduling of the DC trial due to Trump's public attacks
It is unclear how likely it is for the judge to move up the trial date in response to Trump's public attacks. While such a decision could be aimed at addressing concerns about witness intimidation or jury tampering, it would also need to consider the readiness of both the defense and prosecution teams and any potential impact on the fairness of the proceedings. Any motion to reschedule the trial would need to be evaluated on a case-by-case basis.
This past Thursday, Lawfare Senior Editor Scott R. Anderson hosted “Trump’s Trials and Tribulations,” Lawfare’s weekly live video chat about developments in the many ongoing trials circulating around former President Trump. He was joined by Lawfare’s two leading court reporters, Senior Editor Roger Parloff and Legal Fellow Anna Bower, both of whom have been closely following developments in courthouses around the country, both from afar and sometimes up close and personal.
They talked about removal proceedings in Georgia, a proposed gag order of the former president in Washington, D.C., and new news about how former President Trump allegedly mishandled classified information in Florida, as well as the coming wave of litigation around the country seeking to disqualify Trump from the presidency under Section 3 of the 14th Amendment.
This is a live conversation that happens online every Thursday at 4:00pm Eastern Time. If you would like to come join and ask a question, be sure to visit Lawfare’s Patreon account and become a Material Supporter.