Half a Billion and Counting
In a pivotal episode of "Rachel Maddow Presents: Déjà News," legal experts Katie Phang, Andrew Weissmann, and Mary McCord dissect the pressing legal battles ensnaring former President Donald Trump. With the Supreme Court on the verge of a decisive ruling regarding Trump's request to stall the proceedings of the January 6 criminal case, the team explores the possible outcomes and their significance. As Trump contends with the unprecedented situation of a former commander-in-chief awaiting trial, the implications for presidential immunity are substantial. Concurrently, an ongoing civil case in New York threatens to rock his financial foundations with staggering penalties and restrictions, painting a picture of the intricate maze of Trump's legal quandaries.
The stakes are high as the drama unfolds further in the New York courtroom where Trump faces criminal charges over hush money payments to Stormy Daniels. With the trial date set and the judge dismissing Trump's efforts to evade the charges, Phang, Weissmann, and McCord delve into the severity of the allegations. The Manhattan District Attorney's case, charging Trump with payment disguise to influence the 2016 election, stands firm on several legal theories supporting the felony charge. The team at "Rachel Maddow Presents: Déjà News" analyzes the potential for a groundbreaking precedent as Trump walks the tightrope of the justice system in this historically charged trial.
This is a preview of the Shortform summary of the Feb 21, 2024 episode of the Rachel Maddow Presents: Déjà News
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Supreme Court decisions on Trump's immunity from criminal prosecution, possible outcomes
The Supreme Court is nearing a decision on former President Donald Trump's request for a stay in the January 6 criminal case. Should the Court decide against granting a stay, it would establish that Trump does not possess immunity in this situation, allowing the January 6 case to proceed quickly. Legal analysts anticipate that a denial of the stay may arise with supplemental opinions that clarify its scope and implications. Simultaneously, Trump faces a civil case pursued by the New York Attorney General which could have major financial repercussions with a disgorgement order amounting to $450 million including interest, and an imposed injunction preventing him from obtaining new loans from New York-linked banks and financial institutions. To evade immediate enforcement of the order, Trump may need to submit a sizable appeal bond, highlighting the complexity of his financial and legal challenges.
New York criminal case against Trump for hush money payments to Stormy Daniels
Former President Donald Trump is headed to trial on March 25 over criminal charges linked to payments made to adult film actress Stormy Daniels. These payments are alleged to have been made to inhibit Daniels from speaking out during the 2016 electoral campaign. Despite multiple motions by Trump to dismiss the case, all have been denied by the judge who declared that the charges are severe. The Manhattan District Attorney has indicted Trump, claiming that he paid $130,000 and falsified business records to influence the election outcome. The prosecution remains in a position to substantiate the falsification as part of an attempt to conceal a crime, with three valid theories to support their felony charge after one theory was dismissed. This trial marks the first criminal indictment against Trump in New York.
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Clarifications
- A stay in a criminal case is a temporary halt in the legal proceedings. In this context, former President Trump requested a stay in the January 6 criminal case to pause the case's progress. If the Supreme Court denies the stay, it means the case can move forward without interruption. This decision could impact the timeline and outcome of the legal proceedings related to the events of January 6.
- A disgorgement order is a legal directive requiring a party to give up profits obtained through illegal means. It is a remedy often used in regulatory and securities law to seize unlawfully gained funds. The purpose of disgorgement is to deter future violations and prevent wrongdoers from benefiting from their illegal activities. The amount to be disgorged typically represents the net profits derived from the wrongdoing.
- An injunction preventing new loans from New York-linked banks is a legal order that prohibits an individual from obtaining additional loans or financial assistance from banks and financial institutions based in New York. This measure is often imposed to restrict a person's access to financial resources as part of a legal proceeding or to enforce compliance with court orders. In the context of the case involving Donald Trump, this injunction could hinder his ability to secure new loans from banks operating in New York, potentially impacting his financial activities and strategies. It is a common tool used in legal cases to prevent individuals from engaging in certain financial transactions that could affect the outcome of legal matters.
- An appeal bond is a type of financial security required by a court when a party wishes to appeal a judgment. It serves as a guarantee that the appealing party will pay the judgment amount if the appeal is unsuccessful. The bond amount is typically set by the court and is meant to ensure that the opposing party is not left empty-handed if the appeal fails. Failure to post the required appeal bond can result in the appeal being dismissed.
- Hush money payments to Stormy Daniels were funds allegedly paid to adult film actress Stormy Daniels to keep her from publicly discussing an alleged affair with Donald Trump during the 2016 presidential campaign. These payments have been the subject of legal scrutiny and are linked to potential campaign finance violations and allegations of attempting to influence the election outcome. The payments were made in the form of a nondisclosure agreement, aiming to prevent Daniels from sharing details about the alleged affair with the public. The controversy surrounding these payments has led to legal investigations and criminal charges against individuals involved in the transaction.
- In legal contexts, "theories" are explanations or arguments put forth to support a particular legal claim or charge. In the case mentioned, the prosecution has presented three distinct legal theories to support the felony charge against Trump related to the alleged hush money payments. These theories are different legal arguments or interpretations that the prosecution believes demonstrate Trump's criminal liability in the case. Each theory provides a separate legal basis for why Trump's actions could be considered felonious under the law.
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Supreme Court decisions on Trump's immunity from criminal prosecution, possible outcomes
The Supreme Court is anticipated to rule shortly on former President Donald Trump's request for a stay in the January 6 criminal case, possibly shaping his future legal battles.
Supreme Court ruling expected soon on Trump's request to stay January 6 criminal case
There is high anticipation for the Supreme Court's decision on Trump's motion to stay the D.C. Circuit's ruling regarding his claim of immunity from criminal prosecution over the January 6 insurrection. The hosts note that the court has been fully briefed and met for a conference on a Friday, post which a decision could come at any time. The entirety of the briefing process was expedited, with Trump's attorneys filing their reply brief shortly before the court's conference, suggesting an imminent decision.
Decision could come any day on Trump's request for a stay pending his petition for certiorari
McCord and Weissmann discuss the urgency of the matter, noting the political framing of Trump's situation and the significance of the allegations for governance. They explain that the justices might be writing something at the moment and could treat the motion for a stay as a petition for certiorari. McCord speculates that the court might deny the stay but possibly include dissents or concurrences offering a limiting statement. She also mentions that a denial does not necessarily agree with the lower court’s arguments or completely dismiss the possibility of a former president claiming immunity under any circumstance.
If no stay granted, January 6 case moves forward quickly with Trump not having immunity
If the Supreme Court denies the stay, the January 6 criminal case may progress quickly, establishing that Trump does not have immunity in this situation. Weissmann emphasizes that the Supreme Court's denial of the stay could proceed even without full agreement with the D.C. Circuit's position, delineating that in such cases there is no immunity from criminal prosecution.
New York civil case brought by NY AG against Trump: $450 million in disgorgement ordered
A separate legal situation involves a civil case brought against Trump by the New York Attorney General, in which with interest, the disgorgement order totals approximately $450 million. This order, significant in financial terms, also prevents Trump from taking out new loans with banks and financial institutions ...
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Supreme Court decisions on Trump's immunity from criminal prosecution, possible outcomes
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Clarifications
- A motion for a stay in the January 6 criminal case is a legal request to pause or halt the proceedings temporarily. In this context, it means that Donald Trump is asking the court to delay the case against him related to the events of January 6. This motion is typically made to allow time for further legal arguments or decisions to be made before the case moves forward. The decision on whether to grant a stay can have significant implications for how the case progresses and whether Trump may be granted immunity from prosecution in this specific situation.
- A claim of immunity from criminal prosecution typically involves a legal argument asserting that a person, often a high-ranking official like a president, should be shielded from facing criminal charges while in office or for actions taken in an official capacity. This claim is based on the idea that prosecuting such individuals could interfere with their ability to carry out their duties effectively. It is a complex legal issue that often involves balancing the need for accountability with the need to ensure that officials can perform their roles without constant legal threats.
- A petition for certiorari is a request made to a higher court, like the Supreme Court, asking it to review a decision made by a lower court. It is a common way to seek the Supreme Court's review of a case. The Supreme Court has the discretion to accept or deny such petitions. If the Supreme Court grants certiorari, it means they agree to hear the case and review the lower court's decision.
- In legal terms, a disgorgement order typically requires a party to give up ill-gotten gains obtained through illegal or unethical actions. In the context of the New York civil case against Trump, the disgorgement order of $450 million includes both the original amount gained unlawfully and any accrued interest ...
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New York criminal case against Trump for hush money payments to Stormy Daniels
In a highly anticipated legal battle, former President Donald Trump faces a New York criminal case related to hush money payments made to adult film actress Stormy Daniels—an issue that dates back to his 2016 presidential campaign.
Case set for trial starting March 25
Almost a year after charges were brought against Trump for false business records relating to hush money payments to Daniels, the case is scheduled for trial on March 25. The payments are linked to efforts to prevent Daniels from speaking out during the election season, potentially affecting Trump's 2016 campaign.
Judge denied Trump motions to dismiss, said allegations are serious
Judge Marchand has denied all of Trump’s motions to dismiss the case, which included a motion on the grounds of selective prosecution. Trump's attorneys had raised concerns about the fairness and preparation time for the trial. However, the judge affirmed that the trial would proceed as scheduled, emphasizing the gravity of the allegations.
The case, which marks the first criminal indictment against Donald Trump brought by Manhattan District Attorney Alvin Bragg, alleges that Trump paid $130,000 to cover up a sexual encounter with hopes of influencing the outcome of the election. The allegations suggest that Trump falsified business records to hide the payment.
A federal judge, Hellerstein, has also underscored the seriousness of the allegations when denying Trump's ef ...
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New York criminal case against Trump for hush money payments to Stormy Daniels
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Clarifications
- A selective prosecution motion is a legal argument where the defense claims that they are being unfairly targeted for prosecution compared to others in similar situations. In this case, Trump's attorneys argued that he was being selectively prosecuted for the hush money payments to Stormy Daniels. The defense raised concerns about the fairness of singling out Trump for prosecution while others who may have engaged in similar conduct were not facing charges. The judge denied this motion, indicating that the trial would proceed as scheduled.
- Manhattan District Attorney Alvin Bragg is the chief prosecutor for Manhattan, New York City. As the District Attorney, he is responsible for overseeing criminal prosecutions within Manhattan, including high-profile cases. Alvin Bragg took office in January 2022, succeeding Cyrus Vance Jr. He leads the office that brought the criminal indictment against Donald Trump related to hush money payments to Stormy Daniels.
- A grand jury is a group of citizens that reviews evidence and testimony to determine if there is enough probable cause to bring criminal charges against a person. It operates independently from the regular court system and plays both an investigative and accusatory role in the legal process. Grand juries are used in the United States and Liberia, among other countries, to decide whether criminal charges should be pursued. They have the authority to subpoena witnesses and evidence to aid in their decision-making process.
- Violations of election campaign finance laws involve breaking rules related to how money is raised and spent in political campaigns. Tax laws violations pertain to breaking regulations concerning the payment of taxes, deductions, and other financial obligations to the government. These violations are significant bec ...
Counterarguments
- The case against Trump may be perceived as politically motivated, and the defense might argue that the prosecution is selectively targeting Trump due to his political status rather than solely on legal grounds.
- The defense could argue that the payments to Stormy Daniels were a private matter and not related to the campaign, thus challenging the link between the payment and the election.
- Trump's legal team might contend that the business records in question were not falsified with the intent to commit a crime, but were instead a result of standard business practices or legal financial arrangements.
- The defense might also argue that the case sets a dangerous precedent for criminalizing actions that are typically handled through civil litigation or campaign finance penalties.
- There could be a challenge to the admissibility of evidence or the credibility of witnesses, which the defense might argue have not been properly vetted or are biased against Trump.
- The defense might assert that the statute of limitations has expired for any alleged violations, depending on the specific laws and timing of the events in question.
- Trump's attorneys could argue that the judge's decision to deny motions to dismiss was incorrect and that they should hav ...
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