The Week Ahead

September 1, 2024

This week we’re back to full speed ahead on the former president’s legal woes. It’s always been clear that he understands winning the election—with the prospect of the overbroad presidential immunity the Supreme Court has become so eager to endow him with—is his only real hope of putting off the criminal prosecutions he is facing. The legal issues and the political ones are deeply intertwined at this point.

In an interview on Fox News tonight, Trump said, “Who ever heard you get indicted for interfering with a presidential election where you have every right to do it … ”

That, right there, is the banality of evil. The former president, using an American flag behind him as a prop, while claiming he had the right to interfere with the decision made by the voters in 2024. That’s what election interference means in Trump’s case—stealing an election that you’ve lost.

Trump was interviewed on Fox News’ Mark Levin show, which the network says is viewed by 1.4 million people when it airs—no telling how many more see replays or clips on social media. There is no expression of outrage or direct pushback as Trump says it. Fox viewers may not know the truth. But there is no right to “interfere” with a presidential election. By asserting he has that right, Trump is telling us he will do it again if he loses. If you needed any more evidence to show how critical it is that we do everything we can to ensure voters turn out in numbers so overwhelming that Trump’s inevitable challenges cannot withstand scrutiny, here it is. Trump will do it again. We must be ready.

Thursday will be a big day. Judge Chutkan will hold a status conference in Washington, D.C., following the “joint” status report filed by the parties on Friday in the election interference case. I’ve put joint in quotes because the Special Counsel and Trump have widely different ideas about how the case should proceed. We’ll discuss the substance of the status report tomorrow to get us ready to start the week.

It’s been a while since we’ve had a week with as much activity in Trump-related cases, so here’s a refresher:

Also on Thursday, a non-profit called The America Project is slated to host a gala at Trump’s Bedminster, NJ club “to provide much-needed assistance to the January 6th defendants who continue to face significant challenges.”

The link that previously featured the event is now a broken 404 error, likely reflecting the pushback after the event was announced. But a screenshot of the site as it appeared in mid-August shows the invitation and confirms that sponsors’ contributions “will help cover costs and support the defendants and their families, with exclusive benefits and recognition at the gala.” That advertising for the gala noted Trump had been invited, but not that he planned to attend. However, Judge Chutkan is not requiring him to attend the status conference she is holding that morning in person, so his calendar will be clear if he wants to.

Late last week, Trump tried a last-ditch effort to prevent Judge Juan Merchan from sentencing him in the Manhattan DA’s case, filing a motion to remove the case to federal court. Not only is it a little bit late for that, Trump’s lawyer embarrassingly failed to jump through the procedural hoops necessary to have the court hear it, which led U.S. District Judge Alvin Hellerstein to deny it. The Judge rejected Trump’s request without issuing a formal order. The court’s clerk noted on the docket that Trump had incorrectly filed under the “wrong event type: and without an “order granting permission to file the pleading” or an order granting “leave” by the state court.

Trump’s lawyer still has the opportunity to try and file the motion properly, which involves obtaining permission to file at this late date. Trump always turns to delay as a legal strategy, and here, he seems desperate to prevent Judge Merchan from sentencing him on schedule on September 18. That means it’s likely we’ll see more maneuvering on this issue this week. If Trump succeeds in bringing the motion, it’s worth noting that Judge Hellerstein rejected a similar motion before trial. That predated the Supreme Court’s decision on presidential immunity, but the Judge’s ruling was based on his conclusion Trump's conduct in the case didn’t involve “official” presidential acts. If he reiterates that ruling, expect Trump to try and delay sentencing with an appeal.

There is also news in the New York civil fraud case successfully tried by Attorney General Letitia James earlier this year. The judgment of $485 million against Trump continues to grow every day as interest accrues. Trump filed his appeal brief in the case last Friday. Oral argument is scheduled for September 26 before the Appellate Division. There is nothing new in the brief, which rehashes his past claims that the case was flawed, barred by the statute of limitations, and that there were no victims of or evidence of intent to commit fraud. “President Trump’s business partners were delighted with these transactions. They benefited enormously, making over $100 million in profits,” Trump’s attorneys wrote.

Georgia 2020 election workers Ruby Freeman and Shaye Moss asked a New York court to transfer all of Rudy Giuliani’s personal assets to them so they can begin to collect on their $146 million judgment against him. The assets they want control over include Giuliani’s claims that he is owed approximately two million dollars in “unpaid legal fees” by the Trump campaign and the Republican National Committee from 2020. Without a bankruptcy to protect him and with Freeman and Moss represented by very capable lawyers, this is only the start of collection efforts on the massive defamation judgment the two women won.

Giuliani has been busy on Twitter, reposting that Trump is “uncontrollable,” which is why “they” don’t want him back in office. He also tweeted over the weekend that the 2020 election was “rigged” and “stolen.”

Early voting begins in Minnesota and Virginia on September 20, just three weeks away. In-person absentee voting begins in South Dakota that day and in Mississippi the following day. Check how early you can vote in your state, and get information about how you can vote, including voting absentee, here.

It’s the most important election of our lives, and it’s just about to start.

We’re in this together,

Joyce