I expect that Smith will push for a trial on the remaining counts rather than seek a superseding indictment. The court might allow it. Yet, there still remains the immunity decision for Monday. If the immunity decision is sent back, he may have ample time to seek an superseding indictment given the need for further proceedings...
...Smith has made a trial before the election an overriding priority. The court has pushed to achieve that result. However, they are fast running out of runway and this decision rips the wings off the plane for Smith in my view...
...As for the other cases, the DOJ relied heavily on obstruction but also charged trespass in many cases. That could produce problems on sentencing. Many J6 defendants were not charged with obstruction and will not be impacted...
...I expect that Smith has a plan for this eventuality. He has been here before. He was unanimously overturned by the Supreme Court in his conviction of Former Virginia Gov. Bob McDonnell. Notably, as with today, the Court found his theory to be dangerously "boundless."
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In what will add even greater controversy to an already controversial case, U.S. District Judge Lynn Adelman, 85, had been assigned to preside over the trial of Milwaukee County Circuit Judge Hannah Dugan. Adelman has a history of injudicious and biased political commentary...
...Judge Adelman attacked Chief Justice Roberts as lying in his confirmation hearing and described Trump as "an autocrat" who is "disinclined to buck the wealthy individuals and corporations who control his party."...
...He was previously reversed and rebuked in a voter ID case after largely ignoring controlling precedent. For many conservatives, they may see little difference between the two judges in the case in terms of their demeanor and detachment.
The Supreme Court delivered a win for the Administration today by lifting the injunction on the move to terminate Temporary Protected Status (TPS) protections for hundreds of thousands of people allowed into the country by Biden from Cuba, Haiti, Nicaragua, and Venezuela...
...A California district judge had blocked the move and the Ninth Circuit refused to lift the injunction. It will now go back to the Ninth Circuit for the resolution of the merits. Only Justice Jackson dissented in the order today... documentcloud.org/documents/2594…
...Notably, while the statute states that this special status could be assigned on a “case-by-case” basis, the Biden Administration unlawfully adopted a wholesale policy granting temporary parole to hundreds of thousands of individuals from four countries — Cuba, Haiti, Nicaragua, and Venezuela (“CHNV”) ...
The Supreme Court delivered a blow to the Trump Administration in blocking deportations under the Alien Enemies Act. However, the Court only did so based on the lack of notice (24 hours) afforded by the Administration. It did not rule on the legality of the use of the AEA...
...The Court expressly stated: "To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18." ...
...That still leaves much to be decided including what notice is required: "it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case. We remand the case to the Fifth Circuit for that purpose."
The Supreme Court argument is now concluded and there was far more heat than light offered inside the courtroom...
...Justices Thomas, Alito, and Kavanaugh seemed strongly in favor of the Administration. Roberts also made repeated points that seemed to support some of the arguments of the Administration, though it was not clear how he would vote...
...On the left, Kagan repeatedly strived to distinguish this case from her earlier objections to universal injunctions under the Biden Administration. She seemed solidly with Sotomayor and Jackson...
Ok, we are about to start with the oral argument. Keep in mind that the three to watch most closely in the argument will be Chief Justice Roberts and Justices Kagan and Barrett in my view...
Lawyers who once supported the targeting of firms representing Republicans are now adopting a truly Shakespearean pose as champions of free speech and free thought. For many Republicans, it is about as convincing MacBeth claiming to be a pacifist. thehill.com/opinion/civil-…
...Lawyers like Randall Eliason donated to the Lincoln Project and defended targeting of firms taking Republican causes, noting that “these mega-law firms are also big businesses. Like any business, they can be held accountable by the public — and by their other customers.” Now...
...Now, Eliason is appalled by Trump’s effort “to sanction law firms for doing nothing more than representing clients Trump doesn’t like.” In fairness, the distinction between boycott campaigns and government actions is legally important. However,...