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Trump’s most pressing legal travails, less than eight weeks before Election Day, surround the two federal cases, both of which could be dismissed by the former president if he wins against Vice President Kamala Harris. But if he loses, Trump stands a chance of spending the next chapter of his life fighting against the threat of decades of prison time.Smith’s planned filing in the Jan.
The special counsel’s office said the lengthy brief is necessary for a “detailed, fact-bound, and thorough analysis,” as instructed by the Supreme Court.it’s “unclear” how much new information will be made known to the public, noting Smith’s motion is expected to have “significant redactions” and that much of the evidence was already made public at prior hearings by the now-defunct House Jan. 6 committee.
“If the key issue in the case is whether Trump’s conduct was official acts, they should be entitled to discovery that supports their position before the court accepts briefing and holds a hearing on the issue,” Rahmani said. During the summer, U.S. District Judge Aileen Cannon ruled that Smith was improperly appointed by Attorney General Merrick Garland, dismissing the 40-count case against Trump.Whether another appeal in Trump’s criminal cases could rise back up to the Supreme Court greatly depends on how the 11th Circuit interprets Cannon’s decision to dismiss the classified documents case. If the federal appeals court judges sides with Trump, Smith would likely seek the high court’s input.
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