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  • Supreme Court Justice Clarence Thomas to weigh Trump’s immunity claim despite recusal calls over Jan. 6

    Many things about Donald Trump’s Supreme Court immunity appeal are incredible (in a bad way). There’s the alleged scheme that prompted the election subversion charges at issue. There’s the former president’s equally subversive bid to avoid those charges. There’s the high court’s leisurely scheduling of the appeal, which could function as its own form of immunity by preventing a pre-election trial. The list goes on. But when the justices take the bench Thursday morning for their last scheduled...

  • Trump tries, fails to delay Jan. 6 civil cases pending against him

    As this week has brought into sharp relief, Donald Trump’s principal legal problem is that he’s facing 88 criminal counts, including an ongoing criminal trial that got underway in New York City on Monday. It’s one of four pending cases against the former president across three jurisdictions. And while these are clearly the most serious of the Republican’s legal troubles — their outcomes could, at least in theory, lead to prison sentences — the presumptive GOP nominee is simultaneously dealing...

  • Overreaching prosecution tactics face high court scrutiny in Jan. 6 cases

    Because I’ve followed the progress of so many of the January 6 defendants’ trials, I was fully aware of the implications — and the government’s misapplication — of the much-discussed Section 1512(c)(2) felony that has been applied to more than 350 cases. But it wasn’t until I heard the nine members of the U.S. Supreme Court grill Solicitor General Elizabeth Prelogar that I became genuinely frightened by the overreach of the Justice Department’s never-before-used application of this law. ...