Lawfare Land Update: Examining ‘Vindictive Prosecution’

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The legal battle against former President Donald Trump continued in Manhattan this week with the criminal trial for alleged “hush money” payments entering its 11th day, a process expected to last several weeks. While the Manhattan trial progresses, other cases against President Trump have stalled due to pending appeals and motions. These include District Attorney Fani Willis’ case in Georgia regarding Trump’s election result questioning, Special Counsel Jack Smith’s Jan. 6 case accusing Trump of conspiracy and obstruction, and Special Counsel Smith’s classified documents case.

In Manhattan, District Attorney Alvin Bragg is leading the prosecution against Trump for a non-disclosure agreement (NDA) payment. Bragg charged Trump with 34 felony counts related to falsification of business records in connection to an NDA payment made to Stormy Daniels before the 2016 election. The trial began on April 15, with key testimonies from witnesses such as David Pecker and Keith Davidson. Trump has faced fines for violating a gag order, with a potential jail threat for future violations.

In Fulton County, Georgia, District Attorney Fani Willis has charged Trump with 13 felony counts for his alleged involvement in challenging the 2020 election results in Georgia. A trial date is pending, with co-defendants of Trump filing challenges to Willis’ jurisdiction in bringing the case.

In the Southern District of Florida, Special Counsel Jack Smith and federal prosecutors charged Trump with 40 federal charges related to classified documents mishandling. Trump’s lawyers have filed a motion to dismiss the case citing “vindictive prosecution.” The trial is set to begin on May 20, 2024.

In Washington, D.C., Trump faces charges of conspiracy and obstruction related to the events of Jan. 6, 2021. The case is awaiting a ruling from the Supreme Court on Trump’s immunity claim.

In New York, Attorney General Letitia James has filed a civil fraud case against Trump for allegedly inflating his net worth to obtain loans. Trump has been ordered to pay a penalty, which he has appealed. The case is currently on hold.

Overall, the legal battles against Trump are ongoing in various jurisdictions, with each case presenting unique challenges and developments.

Steve Roberts and Oliver Roberts
Steve Roberts and Oliver Roberts
Steve Roberts is a partner and Oliver Roberts is an associate with Holtzman Vogel Baran Torchinksy & Josefiak PLLC.

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