67 days remain until the 2024 presidential election, and there are still three major court cases against Trump which are in various stages, with an additional one dismissed that prosecutors are attempting to revive.
The case closest to its conclusion is the one out of Manhattan, in which Trump was found guilty in May of 34 counts of falsifying business records in a case brought forth by District Attorney Alvin Bragg. Trump is currently scheduled to be sentenced on September 18.
The sentencing date was originally scheduled to take place in July but was moved at the request of Trump’s team after the Supreme Court’s presidential immunity decision. Trump’s team has requested that the September sentencing date be delayed until after the election.
Attorney Todd Blanche wrote, "Setting aside naked election-interference objectives, there is no valid countervailing reason for the Court to keep the current sentencing date on the calendar. There is no basis for continuing to rush. Accordingly, we respectfully request that any sentencing, if one is needed, be adjourned until after the Presidential election." Blanche noted that Judge Juan Merchan is expected to rule on September 16 on the defense’s request to dismiss the case and overturn the verdict following the Supreme Court’s presidential immunity ruling.
The other case currently in play is the January 6 one brought forth by Biden administration special counsel Jack Smith, though it is unlikely to go to trial before the election.
On Tuesday, Smith filed a superseding indictment against Trump, charging him with the same four counts present in the initial indictment, in an attempt to tailor the case to the Supreme Court’s presidential immunity ruling. This filing, Politico reported, is likely to launch a host of proceedings from US District Judge Tanya Chutkan. A joint status conference will take place on September 5 in the case.
The 36-page superseding indictment charges Trump with Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, and Conspiracy Against Rights, and alleges "criminal conspiracies" undertaken by Trump and co-conspirators to "subvert" the results of the 2020 election.
One case has been dismissed, the Mar-a-Lago classified documents case, though Smith is attempting to revive it. On Monday, Smith filed an appeal with the Atlanta-based 11th Circuit Court of Appeals. Additional briefs are due over the next few months and oral arguments are currently expected later in the year, but unlikely before the election.
Judge Aileen Cannon had ruled in dismissing the case in July that Smith’s appointment in the case violated "the Appointments Clause of the United States Constitution."
Cannon wrote in her ruling, "The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers," but the position of special counsel "effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers."
One case remains in limbo: the Georgia 2020 election case brought forth by Fulton County District Attorney Fani Willis. That case has been put on hold pending a hearing in front of the Georgia Court of Appeals set for December 5 as to whether Willis should be removed from the case.
Trump’s team sought to remove Willis from the case due to her personal relationship with special prosecutor Nathan Wade. Fulton County Superior Court Judge Scott McAfee ruled in March that one of them would need to leave the case, with Wade doing so. Trump's team appealed the ruling, saying that Willis should have been taken off the case. Trump faces 10 charges in Georgia related to his actions following the 2020 election, including violations of the state RICO act, filing false documents, and conspiracy charges.
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