On Tuesday, oral arguments begin at the Washington, D.C. Circuit Court of Appeals, where Trump will argue that he has universal presidential immunity from all criminal behavior conducted while president as outlined in the Constitution. Trump said that he will attend this trial.
It is expected to fail, which is one of the reasons that special counsel Jack Smith asked that they simply bypass the federal appeals court for the Supreme Court. But the High Court struck him down, demanding he follow the long and winding road of litigation. Former Justice Department official Mary McCord speculated that the Supreme Court may try and figure out a way to dodge ruling on it entirely if the D.C. court writes its ruling the right way.
So, the D.C. Appeals Court moved at what is, for them, lightning speed, to ensure that the case was brought up quickly. If it is denied, the only option Trump has is for the Supreme Court to put a stay on the case until they decide whether or not to take it up. It's something Trump's lawyer, Alina Habba, confessed he's worried about.
If there is no stay, Trump's lawyers must begin working on everything Smith has filed in the past several weeks. Trump's lawyers were furious at Smith last week for turning over evidence despite the stay. They've asked that he be "held in contempt" and forced to pay some of Trump's legal fees.
Also, on Tuesday, there is a "joint discovery status report" due for the classified documents case. It's likely to lead to more questions about Judge Aileen Cannon's delay tactics.
"All told, by latest numbers, the Court is advised that this case involves approximately 1.3 million pages of unclassified discovery, approximately 60 terabytes of closed circuit television footage spanning at least nine months, and 5,500 pages of classified discovery," says the nine-page "revised schedule" from Judge Aileen Cannon on November 10, 2023.
"I think it's been a little bit baffling to watch some of the judges like Aileen Cannon and the Florida Mar-a-Lago related criminal prosecution, where she has been playing, you know, slow-ball. I think some people would call it death-ball, trying to keep that case from going anywhere," said former prosecutor Joyce Vance.
On Sept. 14, 2023, the Justice Department filed its joint discovery report with the defendants for the case, as Lawfare pointed out.
Tuesday will also mark the date for the supplemental briefing on whether plaintiffs have standing in Oregon over Trump's challenge to the ballot due to Section 3 of the 14th Amendment.
Thus far, Trump has asked that the Supreme Court weigh in on Colorado's decision, as other states are following the lead.
Trump gets a day off on Wednesday.
Thursday, however, the final arguments will take place in the civil fraud trial in New York against the Trump Organization. Judge Arthur Engoron has already ruled that the ex-president was liable for fraud, but he will rule on how much Trump will be forced to pay in damages.
Attorney General Letitia James is seeking about $250 million in fines and penalties, but former Trump lawyer Michael Cohen believes that with interest, it could be more. In a filing last week, Cohen was proven correct, as James said that with pre-trial interest, it would be close to $370 million.
Trump has been under a gag order against attacking Judge Engoron's staff, so after the court has ruled, he is expected to launch further attacks on Engoron's clerk. It's unclear whether or not she will seek her own defamation litigation against him once the case is over.
Trump is expected to appeal the ruling once it's finalized. The New York Appeals Court has already upheld Engoron's ruling that Trump was liable for fraud.
Nothing else unfolds until a week from Monday, January 15, when Trump is likely to win the Iowa caucuses.
