Supreme court asked to rule on Trump immunity claim for federal election case
Hugo Lowell
Special counsel prosecutors asked the US supreme court on Monday to make an expedited decision on whether Donald Trump can be criminally prosecuted on federal charges over his efforts to overturn the results of the 2020 presidential election.
The move comes after the federal judge overseeing the case rejected Trump’s arguments that he has absolute immunity from prosecution for acts that occurred while he was president.
Trump challenged the ruling to the DC circuit, but special counsel Jack Smith is now attempting to bypass the appeals court completely by asking the nation’s highest court to decide the matter.
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Opening statements in Rudy Giuliani’s damages trial have started.
The weeklong trial will decide the amount of damages he will pay after being found liable for defamation.
From the Guardian’s Sam Levine:
“What’s in a name? Power purpose pride,” Von DuBose, a lawyer representing Freeman and Moss opened his statements. “It’s about names that have been disgraced…two names in particular. Ruby Freeman and Shaye Moss. It’s about what their names mean today versus before Mr. Giuliani engaged in the conduct at issue in this case.”
Here is a link to Smith’s petition to the supreme court, from the Guardian’s Hugo Lowell:
The earliest the supreme court could decide on Smith’s petition over Trump’s immunity claim would be 5 January, the Associated Press reports.
Here’s more from AP:
The earliest court would consider the appeal would be Jan. 5, the date of the justices’ next scheduled private conference.
Underscoring the urgency for prosecutors in securing a quick resolution that can push the case forward, they wrote: “It is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”
The move from Jack Smith, the special counsel, comes after the prosecutor warned that Trump’s trial could be indefinitely delayed as Trump claims he is immune from prosecution, Politico reports.
Smith wrote in court documents that Trump’s appeal to lower courts on immunity question would suspend his trial, scheduled for 4 March.
In a 14-page petition to the court, Smith wrote: “The United States recognizes that this is an extraordinary request. This is an extraordinary case”.
The latest update comes as after a federal judge rejected Trump’s claims on Friday that he should receive immunity for actions he did while still president.
Judge Tanya Chutkan simultaneously denied two motions from Tump for dismissal, which set the possibility for Trump to appeal the decision with the DC circuit court and, later, the US Supreme Court.
Prosecutors are asking the Supreme court to decide on the question in order to get an expedited decision on the legal matter.
Supreme court asked to rule on Trump immunity claim for federal election case
Hugo Lowell
Special counsel prosecutors asked the US supreme court on Monday to make an expedited decision on whether Donald Trump can be criminally prosecuted on federal charges over his efforts to overturn the results of the 2020 presidential election.
The move comes after the federal judge overseeing the case rejected Trump’s arguments that he has absolute immunity from prosecution for acts that occurred while he was president.
Trump challenged the ruling to the DC circuit, but special counsel Jack Smith is now attempting to bypass the appeals court completely by asking the nation’s highest court to decide the matter.
Eight jurors seated in Giuliani defamation caseMy colleague Sam Levine is at the trial and reports that eight jurors have now been seated in the case.
They will have to determine how much Giuliani should pay in damages to two Atlanta election workers he defamed after the 2020 election:
The jury (8 jurors) have been seated in a Washington DC defamation case to determine how much in damages Rudy Giuliani should pay to two Atlanta election workers he defamed after the 2020 election
— Sam Levine (@srl) December 11, 2023According to Politico reporter Josh Gerstein, opening arguments are set for 1.30pm ET:
UPDATE: 8-person jury seated in Giuliani defamation trial. Openings expected at 130PM
— Josh Gerstein (@joshgerstein) December 11, 2023 Here is footage of Giuliani arriving for the defamation trial this morning:
The Department of Justice announced today that a 30-year-old New Hampshire man was arrested after threatening to kill attendees at a campaign event for Vivek Ramaswamy.
From CBS News’ Shawna Mizelle:
The DOJ on Monday announced the arrest of a 30 y/o Dover man who allegedly threatened to blow the brains out of a presidential candidate at a Portsmouth event and to “kill everyone who attends.”
Vivek Ramaswamy’s campaign confirms he was the subject of the threats.
— Shawna Mizelle (@shawnamizelle) December 11, 2023 A spokesperson for Ramaswamy’s campaign thanked law enforcement for their actions on the matter, and confirmed that there would be extra security at the event, in a statement to CBS.
“We are grateful to law enforcement for their swiftness and professionalism in handling this matter and pray for the safety of all Americans,” they said to CBS.
The Air Force has disciplined 15 personnel members over the leaking of classified information from Air National Guardsman Jack Teixeira, Reuters reported.
From Reuters:
Prosecutors say Teixeira, who was 21 at the time of his arrest in June, leaked classified documents to a group of gamers on the messaging app Discord. The classified material included highly sensitive U.S. military assessments, including on the war in Ukraine.
The leak is considered the most serious U.S. national security breach since more than 700,000 documents, videos and diplomatic cables appeared on the WikiLeaks website in 2010.
“The actions ranged from relieving personnel from their positions, including command positions, to non-judicial punishment under Article 15 of the Uniform Code of Military Justice,” an Air Force statement said.
Colonel Sean Riley, commander of 102nd Intelligence Wing to which Teixeira belonged, was relieved of command.
An Air Force Inspector General report into the incident found that some member of Teixeria’s unit and leadership “had information about as many as four separate instances of his questionable activity.”
Sam Levine
Potential jurors in Rudy Giuliani’s defamation filled out a questionnaire about possible biases that would hinder their ability to serve and now U.S. District Judge Beryl Howell is peppering them with follow up questions.
We’ve made it through eight jurors so far and there have been some moments of levity. One woman said she was a general ledger accountant for a non-profit. When Howell pressed her on whether the non-profit had a political affiliation, the woman said, “It’s the girl scouts, we sell cookies.”
Another potential juror said she worked for the US forest service Director of wilderness and wild and scenic rivers. Howell asked, “There are some rivers that aren’t’ scenic?”
Another potential juror said he is a cost analyst for the Defense Intelligence Agency. Another said he had been charged with conspiracy drug charges in January 2021, but the charges had been dismissed. He said he did not think he had been treated fairly in the case.
Giuliani has sat through most of the proceedings expressionless with his arms crossed at the defense table.
Ruby Freeman and Shaye Moss, the two Atlanta election workers he defamed, are also in the courtroom.
Here are the latest updates on the Giuliani trial, from Politico’s Kyle Cheney:
Minimal eye contact between Giuliani and anyone else in the courtroom, including Moss/Freeman and Judge Howell.
Notably, Rudy remained seated when the courtroom deputy asked everyone to rise for the judge as they took a 10 minute break.
UPDATE: Minimal eye contact between Giuliani and anyone else in the courtroom, including Moss/Freeman and Judge Howell. Notably, Rudy remained seated when the courtroom deputy asked everyone to rise for the judge as they took a 10 minute break.
— Kyle Cheney (@kyledcheney) December 11, 2023 Jury selection is currently underway in the trial.
Here’s more information from Cheney:
We’re at the stage of the process where individual jurors will be called in for specific questioning related to potential biases. We need 14 to pass this part of the process to begin the trial.
We’re at the stage of the process where individual jurors will be called in for specific questioning related to potential biases. We need 14 to pass this part of the process to begin the trial.
— Kyle Cheney (@kyledcheney) December 11, 2023 The latest polling also showed that potential voters have concerns with both leading nominees.
The surveys found that the majority of potential voters in Michigan and Georgia believe that Biden lacks the “sharpness” and “stamina” needed for a president. Voters in both battleground states also believe that Trump did not have the right “temperament” to be president.
From the Hill:
The surveys also highlighted potential problem areas for each candidate, with 69 percent of Michigan voters and 66 percent of Georgia voters saying Biden does not have the sharpness and stamina they want to see in a president. Fifty-seven percent of Michigan voters and 58 percent of Georgia voters said Trump’s temperament is not what they are looking for in a president.
Read the full article here.
Donald Trump is leading Joe Biden in new polls surveying battleground states, the Hill reports.
The latest polls by CNN found that Trump had a 10 point lead over Biden in Michigan, with 50% of responders saying they would vote for Trump in the 2024 election versus only 40% for Biden.
In Georgia, 49% of responders said they would support Trump compared to only 44% for Biden.
Both Biden and Trump are leading their party’s nomination for the general presidential election, with 2024 shaping up to be a rematch of the 2020 election.
Rudy Giuliani takes seat in Washington courtroom
Sam Levine
Rudy Giuliani has taken his seat in a federal courtroom in Washington where jury selection is about to begin in a weeklong trial to determine how much in damages he should have to pay two Atlanta election workers he defamed last year.
The former New York City mayor could pay anywhere between $15 and $43m in damages to Ruby Freeman and Shaye Moss, a mother and daughter he spread false lies about them after the election.
Included in the questions potential jurors will be asked is “Do you believe that Joseph R. Biden’s election as president of the United States in 2020 was illegitimate?” and “Have you ever used the phrase “Let’s Go Brandon” or the term or hashtag “WWG1WGA”?
Opening statements in the trial are expected this afternoon. The trial is expected to wrap up by Friday.
Giuliani has just arrived to his trial in federal court today, which will determine how much the ex-Trump lawyer will pay in damages after being found liable of defamation in August.
Giuliani is expected to testify at some point during the week-long trial, though it isn’t clear if Giuliani will invoke his Fifth Amendment rights while testifying, CNN reports.
Meanwhile, the legal team of Freeman and Moss will play videos of other Trump figures pleading the Fifth while refusing to answer questions on the stand.
Giuliani is reportedly having trouble paying off mounting legal debts. He is currently selling his $6.5m New York apartment to help square away litigation costs.
As of October, Giuliani owed more than $500,000 in unpaid taxes to the Internal Revenue Service (IRS), Forbes reported.
Rudy Giuliani in DC federal court for defamation damages trialRudy Giuliani will be defending himself in federal court on Monday against a defamation lawsuit filed against him for false comments he made about two Georgia election workers after the 2020 election.
The week-long trial starting Monday in Washington DC will be to determine how much Giuliani will pay in damages for inflammatory remarks he made against Ruby Freeman and her daughter Shaye Moss, two Black election workers in Fulton county.
Giuliani is expected to testify in his defense.
While serving as head of Trump’s legal team, Giuliani falsely claimed that Freeman and Moss counted 2020 election ballots after tallying had wrapped, sharing misleading security video that was later debunked by Georgia election officials.
Freeman and Moss say they faced death threats following Giuliani’s comments, and strangers came to Freeman’s house to enact a “citizen’s arrest”.
Giuliani has already been found liable of defamation in August. The latest trial is to determine how much Giuliani will pay in damages, with Freeman and Moss seeking between $15m and $43.5m in damages.
Jury selection and opening statements for the damages trial are expected today.
Here’s what else is happening:
Biden is traveling to Philadelphia on Monday to announce a federal grant for the city’s fire department.
Ukraine’s president Volodymyr Zelenskiy will arrive in the US for a last-ditch attempt to break a deadlock on Ukraine aid.