Checking The Scorecards On The Lawfare Contests Being Waged By The Biden Administration and Its Allies Against Donald Trump
Fortunately I Learned How To Keep Score For Little League Games Involving My Kids -- The Legal Efforts Here Have A Similar Amateurish Nature
I promised last week to do a “As Things Stand Now” analysis of the four main criminal prosecutions now pending against former President Trump as we move into election season. Those cases are:
United States v. Trump — DC election fraud case
United States v. Trump — Florida classified documents case
New York v. Trump — State court case for “falsifying business records.”
Georgia v. Trump — State court prosecution about any act a prosecutor puts the word “unlawful” in front of.
I’m going to deal with them in the order they appear above.
1. U.S. v. Trump — DC election interference case.
The big news here is the removal of the scheduled March 4 trial from the District Court’s calendar this past week. There was thereafter a follow-up order from the Court noting that the tasks necessary for picking a jury were not able to be accomplished consistent with the Scheduling Order. That’s because of the “stay” automatically imposed as a result of Trump’s appeal of the immunity issue on all district court proceedings. After an Appeals Court issues an opinion resolving the appeal, the Court issues a “Mandate” returning jurisdiction over the case to the District Court. Until that Mandate comes back, a District Court is powerless to move ahead on the case for any purpose, and a defendant is not obligated to cooperate or participate in any proceedings in the District Court.
Lots of hand-wringing and teeth gnashing by the Lefty Legal Beagles have resulted from the fact that waiting for the decision from the Appeals Court has now derailed the trial schedule.
I was on this development from the very start when I noticed the trial had disappeared from the Court’s March 4 public calendar. I check that calendar semi-regularly as I have several cases set for trial, and I like to see if the judges on my cases have other trials set on the same day. Sometimes that leads me to check with the other attorney about whether they expect their case to start trial as scheduled.
I followed up my discovery with numerous Posts/Tweets explaining why I thought the trial date had been vacated — pretty much all of which turned out to be true. I also chided a bunch of people who were posting “Breaking News” stories the next day and posting speculative nonsense about what caused the trial date to be cancelled. It was an entertaining 48 hours on X/Twitter.
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