The Gavel: Trump’s criminal conviction returns to court

The Hill's weekly courts news digest.

By Ella Lee and Zach Schonfeld   |   Wednesday, June 11 By Zach Schonfeld and Ella Lee Wednesday, June 11 © Elizabeth Williams via AP Trump's criminal conviction returns to court  President Trump's hush money criminal conviction returns to the limelight Wednesday as his attorneys plead with an appeals panel to move the New York case to federal court.  The oral arguments will unfold in a Lower Manhattan courthouse down the block from where a jury convicted Trump on 34 felonies last year. It marks the biggest moment in the case since Trump was sentenced to no punishment just before his inauguration.  The president's personal attorneys will make the case that prosecutors relied on Trump's official acts as president at trial, so he deserves a federal forum to advance his presidential immunity claims that, if successful, would toss the verdict.  But first, Trump faces a sizable roadblock.   He already tried to move his case once before and failed. His attorneys must convince the appeals judges that Trump has "good cause" to try again, an argument that largely concerns how the Supreme Court's immunity decision didn't land until after his trial.  "President Trump had good cause to pursue a post-trial removal for a simple reason: he could not have raised any of the arguments set forth herein until well after his trial began," Trump's attorneys wrote in their written briefs.  Manhattan District Attorney Alvin Bragg's (D) office disagrees. It says the Supreme Court's immunity decision doesn't apply, Trump showed "lack of diligence" by waiting two months after the ruling to restart his effort and Trump's sentencing makes the battle moot, anyway.  "Even if removal were still formally available here, there were ample grounds supporting the district court's finding of lack of good cause to permit defendant to file a second, untimely notice of removal," Bragg's office wrote in court filings.  Trump is backed by his own Justice Department, which asked to file a friend-of-the-court brief in the case in March, shortly after he took office.  Wednesday's argument will also bring new attorneys into the picture.  Todd Blanche and Emil Bove, who led Trump's criminal defense team, stepped away to take senior Justice Department roles. D. John Sauer and Will Scharf, who became Trump's go-to appellate team, also joined the administration as solicitor general and White House staff secretary, respectively.  Trump now has a new team in place from Sullivan & Cromwell, led by the elite firm's co-chair, Robert Giuffra.  Giuffra is a trusted legal adviser for Trump and reportedly helped him negotiate his deal with the law firm Paul, Weiss.  Taking the lectern Wednesday for the team will be Jeffrey Wall, Trump's former acting solicitor general who now heads Sullivan & Cromwell's Supreme Court and appellate practice.  Wall will face off against Steven Wu, the appeals chief at the Manhattan District Attorney's Office.   They will appear before a three-judge panel on the 2nd U.S. Circuit Court of Appeals, all appointed by Democratic presidents.  The panel comprises Raymond Lohier, an appointee of former President Obama; Susan Carney, another Obama appointee; and Myrna Pérez, an appointee of former President Biden.  No cameras are allowed inside, but the court will livestream the argument audio here. It begins at 10 a.m. EDT.  And whoever loses? They could bring the matter to the Supreme Court next.    Welcome to The Gavel, The Hill's weekly courts newsletter from Ella Lee and Zach Schonfeld. Click above to email us tips, or reach out to us on X (@ByEllaLee, @ZachASchonfeld) or Signal (elee.03, zachschonfeld.48).   Not already on the list? Subscribe here. IN FOCUS Emergency powers; Fani Willis scrutinized; What's next for Abrego Garcia Trump leans on emergencies to exercise vast power  Trump is declaring emergency after emergency to harness broad powers.  An economic emergency paved the way for sweeping tariffs. A crisis at the southern border has justified mas deportations. And in Los Angeles, out-of-control protests warranted the mobilization of the military on American soil.  Or so the president says — which is all that really matters.   What constitutes an "emergency" has not yet been defined by law, meaning whatever a president says goes when it comes to proclaiming a crisis.   Since returning to the White House, Trump has declared national emergencies at least eight times and further pushed the bounds of his authority in the name of various national crises, allowing him to extend his command quickly and without Congress's help.  Under the National Emergencies Act, he's deemed the southern border, economy and energy in crisis. He's used apparent emergencies to designate cartels as foreign terrorist organizations, to sanction the International Criminal Court over its stance on Israel and to crack down on China, Canada and Mexico.   Beyond that, Trump has invoked the 18th-century wartime Alien Enemies Act to allow the federal government to detain or deport natives and citizens of countries deemed foreign adversaries.  And now, he's flirting with the calling on the Insurrection Act, a rarely used power allowing use of the military to quell a rebellion.   Trump bypassed California Gov. Gavin Newsom (D) to send the National Guard to the streets of Los Angeles, after protests broke out over the weekend when U.S. Immigration and Customs Enforcement (ICE) officers conducted workplace raids. His administration is also set to deploy 700 Marines to assist the National Guard.   He didn't invoke the Insurrection Act. But it marked the first time a president has deployed a state's National Guard without its governor's consent since President Lyndon B. Johnson sent troops to protect civil rights protesters in Alabama in 1965.  California sued the president Monday over the "unprecedented power grab." U.S. District Judge Charles Breyer, a former President Clinton appointee and the brother of retired Supreme Court Justice Stephen Breyer, was assigned the case.   Georgia's longest trial comes to close; Willis scrutinized  The longest trial in Georgia's history came to an anticlimactic finish Monday, putting Fulton County District Attorney Fani Willis (D) back under scrutiny.  More than three years after Willis announced she'd prosecute the alleged Young Slime Life (YSL) gang under Georgia's Racketeer Influenced and Corrupt Organizations (RICO) Act, the last remaining defendant entered a guilty plea.  Christian Eppinger, the final defendant, entered an Alford plea Monday which let him to plead guilty to several charges while maintaining his innocence, just before his trial was set to begin. He was sentenced to 75 years, to serve 40 in prison, to run concurrently with 45 years he's already serving, according to the Atlanta Journal Constitution.   Some 28 people were charged in the far-reaching racketeering case, with Atlanta rapper Young Thug at the center of it all.   But the sweeping prosecution ended in zero murder convictions. Just two defendants reached the end of a jury trial, where they were acquitted of their most serious charges. And drama marred the yearslong affair.   "This entire saga was a travesty," said Anthony Michael Kreis, a law professor at Georgia State University. "Victims of crimes were dragged onto the stand, sometimes in humiliating fashion. Defendants were over-charged and spent months of their lives incarcerated without a conviction. Jurors were asked to spend a year of their life assessing the evidence.  "Everybody walked away poorer for it," he continued. "There was no real justice here."  The end of the prosecution puts Willis's office back in the limelight, after its RICO prosecution against Trump and his allies over their efforts to subvert the state's 2020 presidential election came to a halt last year. A Georgia appeals court removed Willis's office from the prosecution in December over her past romantic relationship with a top prosecutor on the case, which it has since appealed. The state's top court has not yet said whether it will review her disqualification.   Legal experts once predicted that a future Trump trial, alongside more than a dozen allies, could look a lot like the similarly sweeping YSL trial. But the case went off the rails.   Drugs were exchanged in court, a defense attorney was arrested on a gang charge and another defense attorney was held in contempt and ordered to serve jail time after discovering an ex parte conversation involving the judge, prosecutors and a key witness. Midway through the trial, the judge was removed from presiding over the case. And a smattering of other incidents tainted the trial.   In a statement, Willis's office said its "anti-gang initiative" is a critical part of her effort to direct prosecutorial resources toward the "most dangerous offenders" while helping others keep free from a "life damaged by a criminal record." Jeff DiSantis, a spokesperson for the office, pointed to "over 400 convictions" of gang members during Willis's tenure, including 19 defendants in the YSL RICO trial — a figure accounting for the guilty pleas. "Those efforts have been a key part of making Fulton County safer, taking dangerous offenders off our streets and sending a message that gang activity will not be tolerated in our community," DiSantis said, calling the Willis's efforts "ongoing." "I think if there is any lesson here, it is that sometimes prosecuting crimes with a deft hand and not seeing every problem as a nail because all you have is a hammer, is a fairer and more successful way to secure justice and make communities safer," Kreis said.   What's next for Kilmar Abrego Garcia  Kilmar Abrego Garcia, the man the Trump administration mistakenly deported to El Salvador in mid-March, is back in the United States. But it comes with a catch.  As Abrego Garcia was flown to Tennessee Friday, the Justice Department unsealed a two-count indictment, revealing their intent to return Abrego Garcia so he can stand trial and serve a sentence. He stands accused of taking more than 100 trips from Texas to other parts of the country to transport migrants unlawfully in exchange for payment.   Abrego Garcia is due back in court in Nashville on Friday morning for his arraignment, where he is expected to enter a plea. The government will also attempt to keep him detained pending trial.  "The Government depends on witnesses to prove the allegations in the Indictment and there is a serious risk that those witnesses will be intimidated should the Defendant be released," prosecutors wrote in a Monday brief, also saying Abrego Garcia is a flight risk.  It will be up to U.S. Magistrate Judge Barbara Holmes, who will preside on Friday. Ultimately, the case will be overseen by U.S. District Judge Waverly Crenshaw, an appointee of former President Obama.  The Justice Department believes its criminal prosecution bolsters the case that Abrego Garcia is part of MS-13, accusing him of transporting other gang members on some of his trips. The indictment also takes aim at Abrego Garcia's relatives, who deny that he has any gang ties, by alleging they were sometimes brought along.  Meanwhile, the Trump administration is pushing for an end to Abrego Garcia's civil lawsuit in Maryland now that he's back. U.S. District Judge Paula Xinis has been considering holding the government in contempt for not doing more to comply with a Supreme Court order to facilitate Abrego Garcia's return.  Abrego Garcia's lawyers accuse the administration of having engaged in a stalling campaign to stave off sanctions until it could "concoct a politically face-saving exit." It called the indictment another act of contempt, noting the Supreme Court directed that the man's case be "handled as it would have been had he not been improperly sent to El Salvador."  "Until the Government is held accountable for its blatant, willful, and persistent violations of court orders at excruciating cost to Abrego Garcia and his family, this case is not over," Abrego Garcia's lawyers responded Saturday.  The Justice Department on Tuesday called the response "desperate and disappointing."  Xinis, an Obama appointee, could rule at any time on how she'll proceed.  THE ORDER LIST   Read the full order list here.  Lawyers with petitions up for consideration at last week's Supreme Court conference got some unexpected news Friday afternoon: an email with the court's order on their case.  Orders are typically announced on Mondays at 9:30 a.m. EDT. But the early release resulted from what a court spokesperson told us was an "apparent software malfunction."  It's the second major technical mishap in a year that broke the news early of the court's decision-making, which is closely guarded until released with striking precision.  Last June, the Supreme Court's publications unit "inadvertently and briefly uploaded" a draft opinion in a major case concerning emergency abortions. Bloomberg found and published it, scooping the news a day ahead of when the justices announced it from the bench.  In: Death penalty and IQ tests The court took up four new cases, all of which we've highlighted in previous editions.  First, Alabama is back at the Supreme Court in its effort to execute Joseph Clifton Smith, who was convicted of beating and murdering Durk Van Dam with a hammer and saw in 1997 while robbing him.  Smith has battled with Alabama for years over whether he is mentally competent to be executed.  In 2002, the Supreme Court ruled in Atkins v. Virginia that executing mentally disabled individuals violates the 8th Amendment's prohibition on cruel and unusual punishment. More than two decades later, the high court in Hamm v. Smith will examine how that applies when an inmate has multiple IQ scores.  Alabama law requires inmates to show their IQ score is at or below 70 to prove an Atkins claim, but Smith took five tests, scoring between 72 and 78. Noting the tests' standard error and Smith's behavior, lower courts found he was intellectually disabled.  Last year, the Supreme Court declined to take up the issue head on and instead directed the lower court to clarify its reasoning. Now that it has, the justices will hear the case next term.  The grant came along three others we highlighted last week.  In Rutherford v. United States and Carter v. United States, the justices will weigh whether judges can consider disparities created by the First Step Act in determining whether a defendant qualifies for a sentence reduction under what is known as "compassionate release." The Trump administration had asked the court to only take up Carter and hold Rutherford until reaching a decision.  And in Coney Island Auto Parts Unlimited, Inc. v. Burton, the court will decide whether the normal deadline for a party to ask a court to void its final judgment applies when the court had no personal jurisdiction.   Out: Republican challenge to PA ballot do-overs The court declined to take up the Republican National Committee's (RNC) effort to overturn a lower court ruling guaranteeing Pennsylvania voters a do-over option after submitting a defective mail ballot.   Pennsylvania's top court ruled 4-3 that those voters can still show up at their polling place on Election Day to cast a provisional ballot. But the RNC said the decision contravenes state law.  RNC v. Genser marked Republicans' latest bid for the Supreme Court to lay out specifics on how it views the so-called independent state legislature theory. Derived from the Constitution's Elections Clause, it would curtail the ability for state courts to scrutinize how state legislatures set federal election rules.  Two years ago, the Supreme Court declined to endorse the maximalist version of the theory. But the justices cautioned that while state courts have some role, there comes a point where they intrude on the legislature's constitutional authority.  The justices have yet to provide specifics, however. On Friday, they refused the RNC's latest bid to do so.  Friday's order list also included one denied petition handed down alongside a written statement from Justice Samuel Alito, joined by Justice Clarence Thomas. We highlighted the petition, Chambers-Smith v. Ayers, last month.   Ohio Attorney General Dave Yost (R) asked the court to reject ineffective counsel claims raised by Kayla Ayers, whom a jury convicted of setting fire to her father's house, as untimely.  Normally, Ayers would've only had a year. But a lower court agreed she met an exception for when a previously undiscoverable "factual predicate" comes to light.   Alito's three-page statement stresses he wasn't endorsing the lower court's ruling.  Alito called the denial "understandable" because Ayers has served her sentence, signaling he would've gotten involved had she still been imprisoned.  PETITION PILE No new relists this week One non-relist on this week's list caught our eye, Roman Catholic Diocese of Albany v. Harris. Last week, the Supreme Court unanimously ruled Wisconsin violated the First Amendment when it found Catholic Charities Bureau wasn't religious enough to receive a tax exemption.  How the justices handle Roman Catholic Diocese of Albany this week will provide clues as to how they believe their decision should play out beyond the tax system and into the culture wars. A coalition represented by Becket, the religious legal group that represented Catholic Charities, is challenging New York's mandate that employers' health care plans cover abortions. Like in Wisconsin, New York's regulation exempts religious organizations only if they inculcate religious values, meaning many faith-based charities must still follow the mandate. The justices appear to have held the case in limbo while they considered Catholic Charities. But now that the decision is in, it's back on this week's conference list. Oftentimes, the justices will send a pending petition back to a lower court for reconsideration in light of a new decision. It's a maneuver known as a "GVR," which stands for "grant, vacate, remand." But Becket wants the Supreme Court to go a step further. Rather than merely wipe the lower court's earlier decision and start anew, Becket asked the Supreme Court to immediately reverse it. The group stressed it has been litigating the case for years and the justices already GVRed it once before when it decided another major religious rights case in 2021.  "Petitioners ought not be sent back to those same courts for yet another round," the religious groups' legal team wrote in court filings.  SIDEBAR Catch-up on the biggest updates from the past week:  SCOTUS financial disclosures coming: The Supreme Court justices' 2024 financial disclosures will be released on Tuesday at noon EDT, the Administrative Office of the U.S. Courts announced. We'll have full coverage in next week's edition.  DOGE wins at SCOTUS: The Supreme Court on Friday handed the Department of Government Efficiency (DOGE) two major victories on its emergency docket: It lifted a block on DOGE personnel accessing sensitive Social Security Administration (SSA) systems and tossed a ruling forcing DOGE to turn over discovery in a records lawsuit.  AP ban is back: A federal appeals court ruled Friday that the Trump administration can temporarily ban The Associated Press from the Oval Office and other limited spaces, largely pausing a judge's order to return the wire service's access.  Proud Boys sue: Five leaders of the Proud Boys filed a $100 million lawsuit accusing the government and FBI employees of violating their constitutional rights in their prosecutions over the Jan. 6, 2021, Capitol attack.   Education Dept. dismantling reaches SCOTUS: The Trump administration asked the Supreme Court to lift a judge's block on efforts to dismantle the Education Department. It's the administration's 19th emergency appeal at the high court since taking office.  In other news Following up on last week's edition of The Gavel: Brad Bondi, Attorney General Pam Bondi's brother, lost his bid for president of the D.C. Bar Association in a race that saw record turnout. He earned just 9.1 percent of the vote, while his opponent, employment lawyer Diane Seltzer, won 90.9 percent of votes.  Law firm moves: The law firm Jenner & Block poached Damian Williams, former U.S. attorney for the Southern District of New York, from the law firm Paul, Weiss. His departure is the latest in a series of high-profile resignations from the firm in the aftermath of its agreement with the Trump administration. Jenner & Block, meanwhile, is fighting Trump's executive order against them in court.   Glossip to be retried: Oklahoma's top prosecutor said that the state intends to retry Richard Glossip for murder but seek only a life sentence, after the Supreme Court threw out the death row inmate's capital conviction.  Trump seeks delay in defamation case: Trump asked to delay oral arguments scheduled for June 24 in his appeal of a jury's verdict finding him liable for defaming columnist E. Jean Carroll until the court resolves whether the Justice Department can take Trump's place as the defendant.  ON THE DOCKET Don't be surprised if additional hearings are scheduled throughout the week. But here's what we're watching for now:   Today The U.S. Court of Appeals for the 2nd Circuit will hear oral arguments in Trump's DOJ-backed bid to have his New York criminal conviction removed to federal court.  Rep. LaMonica McIver (D-N.J.) is set to appear for a preliminary hearing before a federal judge in New Jersey in her assault case stemming from an incident at a U.S. Immigrations and Customs Enforcement (ICE) detention center.   A federal judge in Washington, D.C., is set to hold a preliminary injunction hearing in a challenge to the Labor Department's freeze of cooperative agreements and grants entered into by the department's Bureau of International Labor Affairs.  A pretrial conference is scheduled in a proposed class action by voters who said Elon Musk defrauded them into signing a petition to win $1 million.  Thurday The Supreme Court will announce opinions.   A federal judge in Washington, D.C., is set to hold a summary judgment hearing in a challenge by two Democratic appointees to the three-member National Credit Union Administration to their firings by Trump.   Friday Abrego Garcia, the man mistakenly deported to El Salvador, is set to be arraigned in federal court in Nashville on two criminal charges.  The Justice Department faces a deadline to release documents related to a government motion to compel now-FBI Director Kash Patel to comply with a grand jury subpoena he received in 2022.  Monday The Supreme Court will announce orders.   A federal judge in Massachusetts is set to hold a motions hearing in 16 Democratic state attorneys general's challenge over the National Institutes for Health's termination of various grants that purportedly promote diversity, equity and inclusion (DEI).   Another Massachusetts federal judge is set to hold a preliminary injunction hearing in Harvard's bid to block Trump's proclamation blocking new international students planning to attend the school from entering the country.   Tuesday The Supreme Court justices' final disclosure reports will become available online.   Ex-Sen. Bob Menendez (D-N.J.) is scheduled to report to prison.   A federal judge in Rhode Island is set to hold a preliminary injunction hearing in 20 Democratic state attorneys general's challenge to the Trump administration's requirement for grant recipients to cooperate with federal immigration enforcement for various programs, particularly at the Federal Emergency Management Agency.  A federal judge in New York is set to hold a pretrial conference in a legal challenge brought by two Venezuelan men in immigration custody threatened with removal under the Alien Enemies Act.   A federal judge in Washington state is set to hold a preliminary injunction hearing in Democratic attorneys general's lawsuit over the administration's freezing of funds for electric vehicle infrastructure.    WHAT WE'RE READING The Washington Post's Robert Samuels, Lauren Lumpkin and John D. Harden: How the District's failure to curb truancy in middle schools fueled the biggest youth crime surge in a generation.  NPR's Carrie Johnson: Federal judges are powerful. Some of their law clerks describe a toxic work culture  Documented's Rommel H. Ojeda in The City: Fake Immigration Courts Take Advantage of Immigrants Desperate for Answers  Politico's Kyle Cheney and Josh Gerstein: Trump's troop deployment is a warning sign for what comes next, legal scholars fear  Reuters's Sara Merken: More partners leave Paul Weiss to join new law firm  We'll be back next Wednesday with additional reporting and insights. In the meantime, keep up with our coverage here. Questions? Tips? Love letters, hate mail, pet pics? Email us: elee@thehill.com and zschonfeld@thehill.com.  On Signal: @elee.03 and @zachschonfeld.48.  Privacy Policy   |   View in Browser    |   Manage Subscriptions Sign Up for Other Newsletters   |   Unsubscribe  400 N Capitol Street NW Suite 650, Washington, DC 20001 Copyright © 1998 - 2025 Nexstar Media Inc.   |   All Rights Reserved.

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