I'll Be Brief: Legal Highlights From the Week Ending August 25

Pixabay/Mohamed_hassan - modified

This is the fourth installment in a series of articles summarizing recent developments in the various high-profile legal proceedings going on around the country — involving former President Donald Trump, First Son Hunter Biden, and others. It's intended as just a brief overview of the goings-on — a handy reference guide for our readers. 

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Donald Trump

The 2020 Election Case (Fulton County, GA)

This case, now pending before Judge Scott McAfee, has seen the most activity since the prior summary, so will start out with it. Obviously, the biggest news is the booking of Donald Trump at the Fulton County Jail on Thursday and the corresponding mugshot that quickly became iconic. This follows the 98-page indictment handed down on August 14th by Fulton County District Attorney Fani Willis against the former president and 18 others pursuant to Georgia's RICO statute.  

While Trump's former Chief of Staff, Mark Meadows, former Justice Department official Jeffrey Clark, and former Georgia GOP Chair David Shafer have moved to have their cases removed to federal court (with an evidentiary hearing set for Monday in Meadows' case and September 18th in Clark's case), Trump has not yet done so, though he still may. 

Meanwhile, co-defendant attorney Kenneth Chesebro has filed a demand for speedy trial, and the State has sought a trial date of October 23, 2023. Attorney Sidney Powell has also now filed a demand for speedy trial. 

Trump has since filed a response opposing the State's motion to specially set the trial, requesting a scheduling conference and alerting the court he intends to seek to sever his case from Chesebro's (and any other defendant who seeks a speedy trial). 

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Due to the number of defendants and the complexity of the case, there are still a number of basic issues that will need to be hammered out in short order, namely: jurisdiction (federal or state, Fulton County or elsewhere); whether immunity or other affirmative defenses will result in dismissal of any of the charges; and whether any of the cases will be severed and tried separately. With as many moving pieces as there are involved with this one, expect there to be multiple updates and stories emerging from it. 

The 2020 Election Case (D.C. District Court) 

There haven't been many new developments in this, the second federal indictment brought by Special Counsel Jack Smith, in the past week. D.C. District Court Judge Tanya Chutkan granted (uncontested) motions to appoint a Classified Information Security Officer and for a protective order pursuant to the Classified Information Procedures Act, and a Status Conference is set in the case for Monday morning. 

The Classified Documents Case (Southern District of Florida)

In response to Judge Aileen Cannon's questioning the propriety of using an out-of-district (D.C.) grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the case pending before her, Special Counsel Jack Smith (via Assistant Special Counsel David Harbach), on Tuesday, filed a reply, indicating that the dual grand juries were necessary to get to the bottom of purported false statements made by Yuscil Taveras, an IT director at Mar-a-Lago, regarding the deletion of security camera footage (which he has now retracted after retaining separate counsel from co-defendant Walt Nauta). 

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Taveras and Nauta were both represented by the same attorney, Stan Woodward, at one point, which prosecutors say could be a conflict of interest given that Taveras eventually gave sworn testimony implicating Nauta, and that Judge Aileen M. Cannon should hold a hearing to examine that potential conflict and its effects on the case.

Another Trump employee, Carlos DeOliveira, has been charged with lying to FBI agents in connection to the case, and has pled not guilty.

That hearing has not yet been set. The trial is currently set to begin May 20, 2024. 

The Hush Money Case (New York County, NY)

Trump's bid to remove the case to federal court was denied in July, and the case will proceed in state court (in Manhattan), where it is currently set for trial in March 2024. 

The E. Jean Carroll Defamation Case (Southern District of New York)

No new developments in this one since the last roundup. The case remains set for trial beginning January 15, 2024. 

Hunter Biden 

The presidential scion's misdemeanor tax charges were dismissed by Delaware District Court Judge Maryellen Noreika following the rapid unscheduled disassembly of his sweetheart plea deal with the Department of Justice (DOJ). The DOJ moved to dismiss the charges voluntarily on the basis that Delaware was not, in fact, the proper jurisdiction for them. Ostensibly, they will be refiled in Washington D.C. and/or California. 

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Sam Bankman Fried

As reported previously, the crypto-currency (alleged) fraudster had his bond revoked and is now incarcerated until his October trial. In the meantime, he's been given some fairly decent accommodations in terms of his access to discovery materials in order to prepare for his trial. The full text from Judge Lewis Kaplan's August 23, 2023 order is included below: 

INTERIM ORDER RE DEFENDANT'SACCESS TO DISCOVERY MATERIALS as to Samuel Bankman-Fried. Pending the Court's resolution of the dispute between the government and the defendant concerning defendant's access to discovery materials in view of his detention 1 and unless otherwise ordered, the government and the USMS shall make available to the defendant, if he elects to avail himself of the government's offer set out in the last three paragraphs of the government's letter of August 18, 2023, the accommodations there set forth commencing August 21, 2023. To whatever extent the defendant elects to meet with counsel in the courthouse cell block, he shall give notice to the government and the USMS at least 48 hours in advance of any requested meeting date. (Signed by Judge Lewis A. Kaplan on 8/23/2023) (ap)

Miscellany 

Maryland District Court Judge Deborah L. Boardman, on Thursday, ruled that parents do not have "a fundamental right" to opt their kids out of reading books that contain LGBT content in Montgomery County Public Schools, despite the parents' contention that the material violated their religious beliefs. (See: Biden-Appointed Judge Says No Opt out of LGBTQ Propaganda for Public School Students.)

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The DOJ has decided to go after Elon Musk's SpaceX for...hiring U.S. citizens and legal permanent residents. (See: Biden DOJ Goes After Musk's SpaceX in What Many Believe Is Political Targeting.)

Our tyrannical neighbor to the north has essentially dispensed with the notion of free speech, ordering author and psychologist Jordan Peterson to be reprogrammed. (See: Jordan Peterson Ordered to Undergo Re-Education, Pay $25K Fine by Canadian Court.)

South Carolina's Supreme Court upheld the state's six-week abortion ban.  

South Carolina’s Supreme Court ruled today that the state's ban on abortions after six weeks did not violate the Palmetto State's constitution, voting 4-1 to uphold the ban in the suit brought by Planned Parenthood South Atlantic against the law passed May 23 in a special session called by Republican Gov. Henry McMaster.

Michigan District Court Judge Paul Maloney ruled that the City of East Lansing violated a farmer's First Amendment rights when it excluded him from a public farmer's market due to his Christian belefs. (See: Judge Rules in Favor of Michigan Farmer Who Was Targeted for His Religious Beliefs.)

Default judgments were entered against three Antifa members accused of beating journalist Andy Ngo in his Multinomah County, Oregon lawsuit against them. (See: Finally, Some Accountability: Antifa Members Ordered to Pay Andy Ngo $300,000 in Damages.) 

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For prior installments, see:

The Latest Legal Wrangling in Donald Trump's Cases - A Quick Roundup of Monday's Developments

I'll Be Brief: Legal Highlights From the Week Ending August 11

I'll Be Brief - Georgia Indictment Edition


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