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Panama’s high court declared a mining contract unconstitutional
Legal Line News | 2023/11/26 16:37
A New York appeals court Thursday reinstated a gag order that barred Donald Trump from commenting about court personnel after the former president repeatedly disparaged a law clerk in his New York civil fraud trial.

The one-sentence decision came two weeks after an individual appellate judge put the gag order on hold while the appeals process played out.

Trial judge Arthur Engoron, who imposed the restriction, said he now planned to enforce it “rigorously and vigorously.”

Trump attorney Christopher Kise called it “a tragic day for the rule of law.” Steven Cheung, a spokesperson for Trump’s 2024 presidential campaign, complained that the gag order was “nothing but attempted election interference, which is failing terribly.”

Engoron imposed the gag order Oct. 3 after Trump posted a derogatory comment about the judge’s law clerk to social media. The post, which included a baseless allegation about the clerk’s personal life, came the second day of the trial in New York Attorney General Letitia James’ lawsuit.

James’ lawsuit alleges Trump exaggerated his wealth on financial statements used to secure loans and make deals. Trump denies any wrongdoing. The Republican 2024 front-runner contends the lawsuit is a political attack instigated by James and furthered by Engoron, both Democrats.

Over the trial’s first few weeks, Engoron fined Trump $15,000 for violating the gag order. The judge expanded the order — which initially covered only parties in the case — to include lawyers after Trump’s attorneys questioned clerk Allison Greenfield’s prominent role on the bench. She sits alongside the judge, exchanging notes and advising him during testimony.

Trump’s lawyers sued Engoron, challenging his gag order as an abuse of power.

State lawyers supported the restriction, saying it was a reasonable step to protect Engoron’s staff. An attorney for the court system tied Trump’s comments to an uptick in nasty calls and messages directed at the judge and law clerk.

A court security captain wrote in a sworn statement last week that Greenfield has been receiving 20-30 calls per day to her personal cell phone and 30-50 messages per day on social media, LinkedIn and two personal email addresses.


Trump pushes for election interference trial to be televised
Legal Line News | 2023/11/16 12:40
Donald Trump is pushing for his federal election interference trial in Washington to be televised, joining media outlets that say the American public should be able to watch the historic case unfold.

Federal court rules prohibit broadcasting proceedings, but The Associated Press and other news organizations say the unprecedented case of a former president standing trial on accusations that he tried to subvert the will of voters warrants making an exception.

The Justice Department is opposing the effort, arguing that the judge overseeing the case does not have the authority to ignore the long-standing nationwide policy against cameras in federal courtrooms. The trial is scheduled to begin on March 4.

``I want this trial to be seen by everybody in the world,” Trump said Saturday during a presidential campaign event in New Hampshire. “The prosecution wishes to continue this travesty in darkness and I want sunlight.”

Lawyers for Trump wrote in court papers filed late Friday that all Americans should be able to observe what they characterize as a politically motivated prosecution of the Republican front-runner for his party’s 2024 nomination. The defense also suggested Trump will try to use the trial as a platform to repeat his unfounded claims that the 2020 election that he lost to Democrat Joe Biden was stolen from him. Trump has pleaded not guilty.

“President Trump absolutely agrees, and in fact demands, that these proceedings should be fully televised so that the American public can see firsthand that this case, just like others, is nothing more than a dreamt-up unconstitutional charade that should never be allowed to happen again,” Trump’s lawyers wrote.

The request for a televised trial comes as the Washington case has emerged as the most potent and direct legal threat to Trump’s political fortunes. Trump is accused of illegally scheming to overturn the election results in the run-up to the violent riot at the U.S. Capitol on Jan. 6, 2021, by his supporters.



Supreme Court Releases Nonbinding Code of Ethics After Public Pressure
Legal Line News | 2023/11/13 12:40
The U.S. Supreme Court issued a code of ethics earlier today following months of financial scandals tied to Justices Samuel Alito and Clarence Thomas.

The nonbinding code of conduct, undersigned by all nine justices, “represents a codification of principles that we have long regarded as governing our conduct,” according to the Court.

The code outlines five canons that justices should abide by. According to the document released, justices should (1) “uphold the integrity and independence of the judiciary,” (2) “avoid impropriety and the appearance of impropriety in all activities,” (3) “perform the duties of office fairly, impartially and diligently,” they (4) “may engage in extrajudicial activities that are consistent with the obligations of the judicial office” and (5) should “refrain from political activity.”

Given the milieu of the Court, the multiple sections guiding financial and fiduciary activities are of particular note. Since the start of the year, public polling has shown falling approval of the Supreme Court amidst repeated controversies surrounding transparency and ethics, including multiple ProPublica reports detailing undisclosed gifts from Republican billionaire Harlan Crow to Thomas and his family, which have spurred calls for change and reform at the nation’s highest court.

However, immediately apparent is the lack of an enforcement mechanism in this new code of conduct. As Take Back the Court’s President Sarah Lipton-Lubet pointed out in a statement, there are “53 uses of the word ‘should’ and only 6 of the word ‘must,’” and emphasized that “the Court cannot police itself.”

Professor Leah Litman, who teaches constitutional law and federal courts at the University of Michigan, criticized the financial guidelines, which allow justices to fundraise for law-related nonprofits, calling it “a hall pass for the Federalist Society galas and Koch Network 501c3 and 501c4 [organizations] ”

At the beginning of the month, 66 organizations led by the Alliance for Justice called for Thomas to resign from the Court immediately, citing the justice’s “egregious” conduct that “undermines the ordinary citizen’s faith in the rule of law, further destabilizing our democracy.”

It remains to be seen if an enforcement mechanism will be rolled out.


Donald Trump Jr. takes the witness stand in fraud trial
Legal Line News | 2023/11/02 10:02
Donald Trump Jr. testified Wednesday that he never worked on his father’s financial statements, the documents now at the heart of the civil fraud trial that threatens former President Donald Trump’s real estate empire.

The ex-president’s eldest son is an executive vice president of the family’s Trump Organization and has been a trustee of a trust set up to hold its assets when his father was in the White House.

At least one of the annual financial statements bore language saying the trustees “are responsible” for the document. But Donald Trump Jr. said he didn’t recall ever working on any of the financial statements and had “no specific knowledge” of them.

The lawsuit centers on whether the former president and his business misled banks and insurers by inflating his net worth on the financial statements. He and other defendants, including sons Donald Jr. and Eric, deny wrongdoing.

Trump Jr. said he signed off on statements as a trustee, but had left the work to outside accountants and the company’s then-finance chief, Allen Weisselberg.

“As a trustee, I have an obligation to listen those who are expert — who have an expertise of these things,” he said.

“I wasn’t working on the document, but if they tell me that it’s accurate, based on their accounting assessment of all of the materials,” he said, “these people had an incredible intimate knowledge, and I relied on them.”

The first family member to testify, he is due to return to the stand Thursday. Next up will be his brother and fellow Trump Organization Executive Vice President Eric Trump and, on Monday, their father — the family patriarch, company founder, former president and 2024 Republican front-runner.

Daughter Ivanka, a former Trump Organization executive and White House adviser, is scheduled to take the stand Nov. 8. But her lawyers on Wednesday appealed Judge Arthur Engoron ‘s decision to require her testimony.

New York Attorney General Letitia James brought the lawsuit, alleging that Donald Trump, his company and top executives, including Eric and Donald Jr., conspired to exaggerate his wealth by billions of dollars on his financial statements. The documents were given to banks, insurers and others to secure loans and make deals.

The former president has called the case a “sham,” a “scam,” and “a continuation of the single greatest witch hunt of all time.”


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