The 2024 race has shaped up to be one for the history books. And now even more curveballs are getting thrown.
Because Trump got handed a game changing win in court that threatens everything for Democrats.
Former President Trump has recently achieved several significant legal victories, effectively pausing most of the cases that could have interfered with his campaign during the general election season.
Earlier this month, the Supreme Court ruled in Trump v. United States that a former president has substantial immunity from prosecution for official acts in office but not for unofficial acts.
The high court stated Trump is immune from criminal prosecution for “official acts” but left it to the lower court to delineate the boundary between official and unofficial actions.
“The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts,” wrote Chief Justice John Roberts in the majority opinion. “That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.”
This pivotal question of presidential immunity arose from special counsel Jack Smith’s Jan. 6 case against Trump, to which Trump pleaded not guilty. That trial was suspended in a lower court pending the Supreme Court’s ruling, effectively dismissing any charges linked to official presidential acts.
Following the Supreme Court’s decision, Trump’s legal team moved to delay his sentencing in New York v. Trump. He had been found guilty on all counts of falsifying business records in the first degree after a highly controversial trial initiated by Manhattan District Attorney Alvin Bragg.
Originally, Trump’s sentencing was scheduled for July 11, right before the Republican National Convention, where he was expected to be formally nominated as the GOP presidential candidate. Judge Juan Merchan agreed to postpone the sentencing, setting a hearing for September 18.
Shortly after, Trump’s lawyers requested Judge Merchan overturn the guilty verdict in New York v. Trump, citing the Supreme Court ruling. They argued for the dismissal of the indictment and vacating the jury’s verdict based on violations of the Presidential immunity doctrine and the Supremacy Clause. Trump’s lawyer, Todd Blanche, emphasized that evidence of “official acts” should not have been admitted during the trial.
Blanche specifically argued that testimony from former White House officials and employees was improperly included. He accused Bragg of violating the Presidential immunity doctrine by using similar official-acts evidence in the grand jury proceedings that led to the politically motivated charges.
A ruling on this motion is pending.
In another legal triumph, U.S. District Judge Aileen Cannon dismissed special counsel Jack Smith’s classified records case against Trump.
Trump had faced charges over alleged improper retention of classified records at Mar-a-Lago, pleading not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice, and false statements.
However, Cannon dismissed the entire case, ruling Smith was unlawfully appointed and funded, invoking the Appointments Clause of the Constitution.
This clause stipulates that “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate.” Smith was never confirmed by the Senate.
Smith is appealing the ruling.
Meanwhile, in Fulton County, Georgia, District Attorney Fani Willis charged Trump in relation to alleged 2020 election interference. Trump pleaded not guilty to all counts. The judge dismissed six of these charges, stating Willis failed to provide sufficient detail.
Complicating matters further, the case was thrown into turmoil when it was revealed Willis reportedly had an “improper affair” with Nathan Wade, a prosecutor she hired for the case against Trump. Wade was subsequently removed.
The Georgia Court of Appeals paused the proceedings last month until it hears the case to disqualify Willis in October, marking another setback for her.
Last week, the Georgia Court of Appeals announced it would hear Trump’s argument to disqualify Willis on December 5, a month after the 2024 presidential election.
Moreover, Trump’s attorneys might apply the Supreme Court ruling in several civil cases he is contesting.
In the civil defamation case brought against him by columnist E. Jean Carroll, Trump was ordered to pay more than $83 million in damages after he denied allegations of r*ping her in the 1990s. Carroll alleged Trump r*ped her at the Bergdorf Goodman department store in 1996, and the jury found Carroll was injured by statements Trump made while he was president in June 2019.
Trump’s denial during a White House press gaggle led to Carroll’s defamation suit, claiming his response harmed her reputation. Trump’s legal team could argue his denial was part of an official presidential act.
Stay tuned to the DC Daily Journal.
