The Trump Trials: Stuck in the Florida weeds – The Washington Post
The latest news in Donald Trump’s four criminal cases, and what to watch in Florida and at the Supreme Court this week.
It could have been a big week in Trump Trial land. The Supreme Court could have issued its decision on presidential immunity, giving us a sense of when or if Donald Trump’s federal election interference case will go to trial. Or it could have ruled on whether federal prosecutors improperly charged hundreds of Jan. 6, 2021, defendants with obstruction — a decision that could affect Trump’s election interference case.
But none of that happened. Instead we spent Friday deep in the Florida weeds at a pretrial hearing, as U.S. District Judge Aileen M. Cannon delved into some far-fetched legal theories surrounding the constitutionality of appointing special counsel Jack Smith in Trump’s classified-documents case.
We’ll explain all that and more in this week’s edition of the Trump Trials newsletter. Let’s get started.
(Like what you’re reading? Get The Trump Trials in your email inbox every Sunday. Have questions on Trump’s trials? Email us at perry.stein@washpost.com and devlin.barrett@washpost.com and check for answers in future newsletters.)
The Trump Trials team is in Fort Pierce, Fla., for the first part of this week, with two more days of hearings in Judge Cannon’s courtroom.
On Thursday, the court of public opinion will convene for the first presidential debate between President Biden and Trump, the presumptive Republican nominee. So, dear readers, given Trump’s recent conviction in New York, how many times do you think the word “felon” will be uttered at this debate? And how many times should it be mentioned?
And most importantly, we are nearing the end of June, which means the Supreme Court decisions on presidential immunity and obstruction should come any day now. The court session usually ends before July. Opinions are expected this week on Wednesday — and probably other days as well.
Now, a recap of last week’s action.
The details: Four counts related to conspiring to obstruct the 2020 election results.
Planned trial date: Unclear (Delayed from March 4)
Last week: Another week, a whole lot more of nothing as we wait for the Supreme Court’s immunity decision.
If the court accepts Trump’s argument that presidential immunity from prosecution extends to his alleged efforts to block Joe Biden’s election win, the entire case could be dismissed. If the justices reject it, the case can proceed — making it possible the trial could happen before the election. Or the justices could issue an opinion that forces the lower courts to reshape their answers on presidential immunity, allowing the trial to go forward, but on a slower timetable.
Subscribe to The Trump Trials: Sidebar to hear our team break down the most important — and historic — twists and turns in the former president’s ongoing legal troubles.
The details: Trump faces 40 federal charges over accusations that he kept top-secret government documents at Mar-a-Lago — his home and private club — and thwarted government demands to return them.
Planned trial date: Indefinitely postponed
Last week: Cannon held a four-hour hearing Friday on Trump’s request to dismiss the case over a widely disputed argument that Smith’s appointment was unconstitutional.
Franks hearing: Trump’s attorneys claim that investigators falsified aspects of the affidavit they used to obtain a search warrant for Mar-a-Lago and, therefore, the evidence collected in the search should be excluded from trial. Cannon will hear arguments Tuesday on whether she should grant what is known as a Franks hearing to assess the issue. There’s a high threshold to grant a Franks hearing and an even higher threshold to exclude the evidence.
The details: 34 charges connected to a 2016 hush money payment.
Verdict: Guilty. Sentencing is scheduled for July 11.
Last week: State prosecutors responded to Trump’s request for the judge to drop the gag order against him, which prevents Trump from speaking about certain people involved in the case. Trump’s attorneys had argued that, as a presidential candidate, he has the right to respond to two key witnesses — Michael Cohen and Stormy Daniels — who have been speaking about the trial.
Prosecutors wrote that the gag should remain in place to protect jurors, court staff members and others from Trump’s “inflammatory public attacks,” citing dozens of “actionable threats” this spring against the Manhattan district attorney, his family and staff, and hundreds of threatening emails and phone calls received by the district attorney’s office.
But they agreed that a gag to protect witnesses is no longer needed because they have already testified.
The details: Trump faces 10 state charges for allegedly trying to undo the election results in that state. Four of his 18 co-defendants have pleaded guilty.
Planned trial date: None yet
Last week: The case is on pause while the Georgia Court of Appeals hears an appeal from Trump and some of his co-defendants seeking to disqualify Fulton County District Attorney Fani T. Willis, the top prosecutor.
Q. What is Judge Cannon’s caseload other than Trump’s document case?
A. In the last few weeks, Cannon has been assigned multiple criminal and civil cases, though she has not yet held hearings in those.
According to court records, her ongoing cases have had activity this month. For example, a civil case that she is overseeing had a Friday deadline for the parties to weigh in on whether there should be a jury trial.
Thanks for catching up with us. You can find past issues here.
Nevada judge dismisses case against Trump electors
Trump’s conviction fueled surge in donations
Trump adviser Boris Epshteyn, others plead not guilty in Arizona