I’ll Be Brief: Legal News Highlights and Lowlights From the Week Ending October 5

  

There is so much legal news to cover these days that it’s difficult to keep up with. I decided it might be worthwhile to resurrect my “I’ll Be Brief” series as a weekly column dedicated to summarizing the preceding week’s legal goings-on and highlighting what’s coming up. So, here we go — a round-up of law-related news for the week ending October 5: 

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Donald Trump

The 2020 Election Case (D.C. District Court) 

As anticipated, Judge Chutkan ruled Wednesday to allow a (half-heartedly) redacted version of Jack Smith’s immunity motion to be unsealed, giving the breathless anti-Trump press oodles of shiny objects to play with. 

BREAKING: Judge Chutkan Unseals Jack Smith’s Immunity Motion in DC Election Case Against Donald Trump

The unsealed motion was crowed about by the anti-Trump crowd, but left a lot to be desired from those who view the case as largely political and aimed at knee-capping Trump ahead of the election. 

Senior CNN Analyst Erupts Over Jack Smith’s Latest Anti-Trump Move: ‘Cheap Shot,’ ‘He’ll Bend Any Rule’

Following that ruling, Judge Chutkan granted the Trump legal team’s request for an extension of time to file their response (now due on November 7 rather than October 17) and for an extended page limit (up to 180 pages). She also pushed back the deadline for the Government’s reply to that to November 21 and for Trump’s sur-reply to December 5. 

There’s a silver lining in this for those concerned about the impact of Smith’s filing earlier this week: With Trump’s response now not due until after the election and further replies to follow, there’s no chance Chutkan will be ruling on the issue prior to the election. Some might wonder if it would be better for Trump’s response to be filed ahead of the election to answer, at least in part, the allegations set forth in the Government’s motion. However, the chances of his response receiving favorable media coverage are next to nil, and with everything else going on in the news, the Government’s filing may not be having the bombshell effect they were hoping for. 

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The Ryan Routh/Second Assassination Attempt Case

Ryan Routh, the man who attempted to assassinate Trump on his golf course on September 15, appeared in court Monday for his arraignment. He entered a not guilty plea and the case was set for trial November 18, 2024 — for now. 

Ryan Wesley Routh Enters Not Guilty Plea to Charges for Attempted Assassination of Donald Trump

Trial Date Set for Would-Be Trump Assassin Ryan Routh – but Don’t Expect It to Hold

While it’s likely Judge Aileen Cannon will agree to certify the case against would-be Trump assassin Ryan Routh as complex and continue the November 18 trial date, she has asked Routh’s attorneys to formally weigh in on the Government’s request and provide “a clear statement of Defendant’s position with regard to the ends of justice being served by the United States’ request” by October 9. 

Joe Biden

While questions mount concerning Biden’s ability to continue as president, his student loan forgiveness attempted end-around hit another roadblock. 

‘Who Is Running the Country?’ Heritage Foundation Files Motion Seeking Access to Any 25th Amendment Docs

Blocked Again: Federal Judge Halts Biden Student Loan Forgiveness

Eric Adams

New York City Mayor Eric Adams appeared in court Wednesday morning for an initial conference. No trial date was set but a discovery schedule was entered in the case. 

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Gavin Newsom 

Just days after California Governor Gavin Newsom signed an anti-parody law, he was socked with lawsuits from the Babylon Bee and “Mr. Reagan,” the latter of whom has already secured a preliminary injunction against the law. 

The Babylon Bee Sues California, Newsom Over New Authoritarian Laws Restricting Satire

That Was Fast: Federal Judge Humiliates Power-Hungry Gavin Newsom, Slaps Injunction on Anti-Parody Law

Sean Combs

Sean “Diddy” Combs is appealing the denial of bail in the criminal case against him in the Southern District of New York. Meanwhile, the case has been reassigned to a different judge. Originally, the case was assigned to Judge Andrew Carter (Obama appointee). It has now been reassigned to Judge Arun Subramanian (Biden appointee). No reason for the reassignment has been indicated. 

Election

Questions raised about Dominion voting machines finally got the best form of sunlight Monday – sworn testimony in open court subject to cross-examination. The case was heard by Fulton County, Georgia Judge Scott McAfee. (We’ll have more on this case shortly.)

Dominion and Georgia Face Heat in Court

There was welcome news on Saturday for South Carolinians still digging their way out of debris and assessing the damages recently wrought by Hurricane Helene. A judge in the Palmetto State has decided that voter registration will be extended for just over a week.

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Democrat Party Exec Dir. Brings Unnecessary Drama Into SC Extending Voter Registration Post-Helene

Supreme Court

Once again, we see how it’s always the left that seeks to change the rules when they can’t win fair and square. This time it’s Senator Ron Wyden (D-OR) who is looking to change things by introducing a bill to pack the Supreme Court, as well as forcing other changes on a co-equal branch of government.

Democrats Won’t Give Up on Efforts to Pack the Supreme Court As New Bill Drops

First Amendment

A federal judge has issued a temporary injunction against the University of New Mexico after it tried to impose a $5,400 security fee on Turning Point USA and former collegiate swimmer and political activist Riley Gaines for her speaking event on campus, dismissing the school’s “security concerns” excuse.

In Significant Free Speech Win, Federal Judge Rules Against University of New Mexico in Riley Gaines Case

On Thursday, Young America’s Foundation (YAF) filed a lawsuit against the University of California Los Angeles (UCLA), alleging a First Amendment Violation after the university blocked the organization from hosting a lecture by author Robert Spencer last spring. 

NEW: Young America’s Foundation Files Free Speech Suit Against UCLA

Second Amendment

Friday morning, the U.S. Supreme Court agreed to hear a bid by U.S. gun companies to dismiss a suit filed against them by Mexico asserting that they’ve aided in the illegal trafficking of firearms to drug cartels. 

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American Gun Companies on Trial? Supreme Court Takes Up Mexican Government Lawsuit

This Supreme Court Ruling Could Destroy Either Gun Rights or Efforts to Violate Them

Miscellany 

Camp Grayling, Michigan, is the largest National Guard training base in the United States. It encompasses 148,000 acres of training grounds and is used for combined arms field training exercises. If you were an intelligence agent for a nation unfriendly to the United States, it’s a place that you would want to observe, the better to observe United States forces in the field. In August 2023, five University of Michigan students – all of them Chinese nationals – were confronted by a non-commissioned officer (NCO) in the woods near the base, and at the time, were questioned and let go.

Now, they are being charged with misleading investigators, and suspiciously deleting data from their phones.

Chinese Nationals Charged With Lying to Authorities After Being Caught Near Michigan Military Base

The recently freed Julian Assange delivered testimony before the Parliamentary Assembly of the Council of Europe in Strasbourg, France, Tuesday morning. 

Daniel Penny returned to court on Thursday for a pre-trial hearing in the case in which he’s charged with manslaughter and negligent homicide for placing Jordan Neely in a chokehold on a New York subway last May. 

The suspect charged with the death of Maryland mom Rachel Morin appeared in court Friday for a motion hearing. Victor Martinez-Hernandez, an El Salvadoran national in the U.S. illegally, is charged with rape, kidnapping, and murder. 

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The Week Ahead

The Supreme Court kicks off its October 2024 term, hearing oral arguments in five cases on Monday, Tuesday, and Wednesday. We’ll have specifics on those in the Skinny on Scotus rundowns.