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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The transcript of President Trump's ABC interview will quickly be raised in the Abrego Garcia case. Trump said that he could get Garcia back, but does not want to do so. The judge can now use that admission as proof of a violation of the order to facilitate his return...
...Trump stated “I could. And if he were the gentleman that you say he is, I would do that.” He did add: “I’m not the one making this decision. We have lawyers who don’t want to do this, Terry. … I follow the law. You want me to follow the law. If I were the president that just wanted to do anything, I’d probably keep him right where he is.”...
...The Court upheld the order of "facilitation" but conspicuously failed to define what that meant. However, whatever "facilitate" may mean, counsel will argue that absolutely nothing is unlikely to meet the definition...jonathanturley.org/2025/04/16/jud…
The Supreme Court appears ready to reverse the Fourth Circuit and rule for the parents in the Mahmoud v. Taylor matter. The question is how. Some of us are hoping that it will not just declare that this is a violation of religious freedom but to affirm parental rights...
...The Court once gave a full-throated endorsement parental rights in Pierce v. Society of Sisters (1925). It should do so again, but some justices may not be ready to go that far...
...Justice Ketanji Brown Jackson was particularly active and argumentative in challenging the counsel for the parents. However, the most concerning statement was when she declared that parents “can choose to put their kid elsewhere”...
Justice Thomas led questioning in Mahmoud v. Taylor to confirm that the school was requiring the use of the book at least five times a year while refusing to allow families to opt out...
...Eric S. Baxter (representing the parents) is getting close questioning from Justice Sotomayor whether "the mere exposure" to these books is a real "burden."...
...Justice Sotomayor portrayed the books as merely depicting same sex marriages and other imagery. Her colleagues just pushed back, including Alito, who said that the book "has a clear message" and cannot be portrayed as mere exposure to same sex marriage...
Fox just broke a criminal referral against Letitia James over alleged fraudulent housing loan filings. The filings include allegedly false representations that an out-of-state residence was her principal residence and other dubious claims...
...I reviewed the referral before going on Fox tonight. It took me less than a minute to find cases prosecuted under 18 U.S.C. 1014 for false claims of principal residences and the other allegations...
...For James, the irony is crushing. She previously prosecuted Trump for everything short of ripping a label off a mattress. She emphasized that Trump was ultimately responsible for any filings made in his name or that of his company...
After the arson at the home of Gov. Shapiro, I was deluged with emails due to my past writings on the rise in leftist violence. One writer seemed to gloat about a conservative arsonist and asked why "no morally superior comments about that? At the risk of being a buzz kill...
...USA Today is reporting that Cody Balmer was a critic of both Biden and Trump and had a particular hatred for Shapiro. That does not mean that violence does not come from far-right groups. It has and is equally disgraceful...usatoday.com/story/news/inv…
...Indeed, we still do not know much about Balmer's motivation and this certainly appears to be political violation. He appears deeply disturbed and his life was falling apart...
According to Fox, the judge in the Khalil case has just indicated that his deportation can move forward and that he is "removable." Khalil will now be allowed time to appeal...
...That would be a major win for the Trump Administration. As I just mentioned on Fox, the Administration seemed intent on winning this case on the statute rather than the case facts. It clearly wanted to establish precedent for hundreds of other cases...
...It will now likely use the same two-page declaration or a variation in other cases. The problem for Khalil's counsel is the underlying conduct, which is sweeping in its authority afforded to the Secretary of State.