This podcast episode covers Trump's immunity application to the Supreme Court, hefty fines in a civil fraud trial, legal complexities, Trump's stay request analysis, opposition to stay in a criminal case, battles over executive privilege, special counsel developments, concerns about legal impartiality, and speculations on Merrick Garland's future.
Trump seeks Supreme Court stay in fraud trial, Special Counsel opposes, public interest at stake.
Judge rules on unsealing exhibits in Trump's motion, pretrial motions due Feb 22.
Criticism over Rob Hur's appointment as Special Counsel, concerns over ties to Trump administration.
Deep dives
Trump files an application for a stay in the Supreme Court
Trump has filed an application for a stay in the Supreme Court, seeking to halt the proceedings in the district court and prevent the trial from proceeding. He argues that the case raises important federal questions and conflicts with previous Supreme Court decisions. He also claims that irreparable harm will result if the decision is not stayed, citing potential harm to his First Amendment rights and the appearance of partisanship. Trump suggests that the Supreme Court should grant a stay and allow for on-bonk consideration by the DC Circuit Court.
Special counsel opposes Trump's application for a stay
The special counsel opposes Trump's application for a stay, arguing that he fails to meet the court's standards for granting a stay. The special counsel emphasizes the gravity of the charged crimes, which involve an alleged criminal scheme to overturn an election. The special counsel asserts that no novel form of absolute immunity from federal criminal law should be recognized in such a case. They argue that the public has a compelling interest in the prompt resolution of the case and that any delay would be unjust. The special counsel suggests that the Supreme Court should deny the stay and allow the proceedings to move forward in the district court.
Updates on other developments in the case
In addition to the stay application, there have been other developments in the case. Judge Cannon ruled to unseal supplemental exhibits in Trump's motion to compel in the documents case. The exhibits include a list of witnesses and their testimony. The judge also granted permission for special counsel to file an exhibit under seal and ex parte as part of a motion for reconsideration of the ruling to unseal. The judge later changed her ruling to seal the exhibit but allow it to be shared with Trump's defense team. The judge's ruling on the motion to access DOJ's section four filings is pending, with a possibility of a split decision to share some parts with Trump's defense team before ruling on the DOJ's motion. Pretrial motions in the case are due for the defendants on February 22, including motions related to selective and vindictive prosecution, the Presidential Records Act, and the Presidential Immunity Motion
Rob Hur's selection as Special Counsel raises questions
The choice to appoint Rob Hur as Special Counsel has generated criticism due to his past involvement with the Trump administration. Many people question why Merrick Garland selected him and whether Garland can be removed or sanctioned for this decision. Some suggest that the report itself should be removed or redacted. However, it may be too late to make any changes without creating additional controversy and political implications. Ultimately, the consequences of this decision may be reflected in a potential replacement for Garland in a second term if President Biden is reelected.
Mistake in Rob Hur's selection and potential consequences
The appointment of Rob Hur as Special Counsel is viewed by some as a mistake due to his close ties to the Trump administration. Critics argue that there were other qualified Republican lawyers who could have been selected without the same potential bias. While it may not be feasible to remove or sanction Garland for this decision, it is possible that a future selection for Attorney General in a second term could address any concerns. It is important to evaluate Garland's overall performance as AG, recognizing both the positive and negative aspects of his tenure.
This week; Trump’s application for a stay on the immunity issue has been fully briefed to the Supreme Court– they can rule any day; Judge Engoron in the NYAG civil fraud trial has fined Trump, his two adult sons, and Weisselberg a total of $364M; plus some listener questions about Robert Hur.