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Welcome back, Deadline: Legal Newsletter readers. We’re awaiting some big decisions in the Trump legal world, as the Supreme Court gears up for what could be a very Trumpy term.
A “frightening future” is how the special counsel’s lawyer described Donald Trump’s criminal immunity claim in Washington this week. Trump’s attorney effectively conceded at the appellate argument on Tuesday that his position would let presidents order the murder of their political opponents. The D.C. Circuit panel could rule any time, and its decision will likely prompt further appeal from whoever loses — likely Trump — potentially up to the Supreme Court.
Another Trump decision that’s primed for appeal is coming in New York state court, following closing arguments Thursday in the $370 million civil fraud case. The leading GOP presidential candidate himself got to speak in court Thursday, predictably devolving into a rant that led Judge Arthur Engoron to tell Trump’s legal team to “control your client.” Though the civil saga is likely to be tied up for a while on appeal, Engoron is in control for now, and his forthcoming ruling will determine how many millions Trump and his co-defendants owe and whether they’re barred from the New York real estate industry.
In other Trump civil news, his second tour as a defamation trial defendant against E. Jean Carroll is set to kick off next week, after he was found liablelast year for sexually abusing and defaming the writer. Ahead of this latest outing, which is for determining damages, Carroll’s lawyer raised concerns that Trump would turn the proceeding into a “circus.” In light of the former president’s performance at his fraud trial this week, that’s a valid concern.
Meanwhile, at the Supreme Court, the justices wrapped up their first argument week of the year with a handful of regularly scheduled cases — including a criminal appeal that somehow led Justice Samuel Alito to ask a government lawyer about tasting methamphetamine and marijuana. All of the justices may be seeking whatever mental relaxation they can find as the briefs start to mount in Trump’s ballot eligibility challenge, which is set for argument next month. Among the court filings was a cameo by Vivek Ramaswamy — and while it was technically lodged on the legal docket, the Trump-aligned GOP candidate’s filing was more of a political document.
The justices wrap up the January arguments with regularly scheduled hearings next week that feature an important dispute on Wednesday over theChevron doctrine, which gives deference to administrative agencies. The doctrine has become a target in the conservative war on the so-called administrative state that governs regulation of business, the environment and other facets of American life that the GOP-majority court could further alter this term.
The high court on Friday added several (non-Trump-related) cases to its docket for later this term, including one over barring homeless people from camping on public property. The issue may sound familiar to Deadline: Legal Blog readers, because I noted over the summer that Republican-appointed judges on the 9th Circuit were clamoring for the justices to reverse a circuit ruling that said the city of Grants Pass, Oregon, couldn’t enforce ordinances against people for sleeping outside with rudimentary protection from the elements or sleeping in their cars at night. Don’t be surprised if the high court delivers, given the conservative justices’ inclination to read the Eighth Amendment’s cruel and unusual punishment protections narrowly.