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Tag: trump court

  • Prosecutors to make history with opening statements in hush money case against Trump

    Prosecutors to make history with opening statements in hush money case against Trump

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    NEW YORK — For the first time in history, prosecutors will present a criminal case against a former American president to a jury Monday as they accuse Donald Trump of a hush money scheme aimed at preventing damaging stories about his personal life from becoming public.

    A 12-person jury in Manhattan is set to hear opening statements from prosecutors and defense lawyers in the first of four criminal cases against the presumptive Republican nominee to reach trial.

    The statements are expected to give jurors and the voting public the clearest view yet of the allegations at the heart of the case, as well as insight into Trump’s expected defense.

    RELATED: Full jury of 12 people, 6 alternates seated in Donald Trump’s hush money trial in New York

    Attorneys will also introduce a colorful cast of characters who are expected to testify about the made-for-tabloids saga, including a porn actor who says she had a sexual encounter with Trump and the lawyer who prosecutors say paid her to keep quiet about it.

    Trump is charged with 34 felony counts of falsifying business records and could face four years in prison if convicted, though it’s not clear if the judge would seek to put him behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to attempt to pardon himself if found guilty. He has repeatedly denied any wrongdoing.

    Unfolding as Trump vies to reclaim the White House, the trial will require him to spend his days in a courtroom rather than the campaign trail. He will have to listen as witnesses recount salacious and potentially unflattering details about his private life.

    Trump has nonetheless sought to turn his criminal defendant status into an asset for his campaign, fundraising off his legal jeopardy and repeatedly railing against a justice system that he has for years claimed is weaponized against him.

    Hearing the case is a jury that includes, among others, multiple lawyers, a sales professional, an investment banker and an English teacher.

    The case will test jurors’ ability to set aside any bias but also Trump’s ability to abide by the court’s restrictions, such as a gag order that bars him from attacking witnesses. Prosecutors are seeking fines against him for alleged violations of that order.

    ALSO SEE: Who are the key players in Donald Trump’s Manhattan hush money trial?

    The case brought by Manhattan District Attorney Alvin Bragg revisits a chapter from Trump’s history when his celebrity past collided with his political ambitions and, prosecutors say, he sought to prevent potentially damaging stories from surfacing through hush money payments.

    One such payment was a $130,000 sum that Michael Cohen, Trump’s former lawyer and personal fixer, gave to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from emerging into public shortly before the 2016 election.

    Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.

    Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.

    To convict Trump of a felony, prosecutors must show he not only falsified or caused business records to be entered falsely, which would be a misdemeanor, but that he did so to conceal another crime.

    RELATED: Here’s what we know about the jurors seated in Trump’s hush money criminal trial

    The allegations don’t accuse Trump of an egregious abuse of power like the federal case in Washington charging him with plotting to overturn the 2020 presidential election, or of flouting national security protocols like the federal case in Florida charging him with hoarding classified documents.

    But the New York prosecution has taken on added importance because it may be the only one of the four cases against Trump that reaches trial before the November election. Appeals and legal wrangling have delayed the other three cases.

    Copyright © 2024 by The Associated Press. All Rights Reserved.

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  • Prosecutors to make history with opening statements in hush money case against Trump

    Prosecutors to make history with opening statements in hush money case against Trump

    [ad_1]

    NEW YORK — For the first time in history, prosecutors will present a criminal case against a former American president to a jury Monday as they accuse Donald Trump of a hush money scheme aimed at preventing damaging stories about his personal life from becoming public.

    A 12-person jury in Manhattan is set to hear opening statements from prosecutors and defense lawyers in the first of four criminal cases against the presumptive Republican nominee to reach trial.

    The statements are expected to give jurors and the voting public the clearest view yet of the allegations at the heart of the case, as well as insight into Trump’s expected defense.

    RELATED: Full jury of 12 people, 6 alternates seated in Donald Trump’s hush money trial in New York

    Attorneys will also introduce a colorful cast of characters who are expected to testify about the made-for-tabloids saga, including a porn actor who says she had a sexual encounter with Trump and the lawyer who prosecutors say paid her to keep quiet about it.

    Trump is charged with 34 felony counts of falsifying business records and could face four years in prison if convicted, though it’s not clear if the judge would seek to put him behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to attempt to pardon himself if found guilty. He has repeatedly denied any wrongdoing.

    Unfolding as Trump vies to reclaim the White House, the trial will require him to spend his days in a courtroom rather than the campaign trail. He will have to listen as witnesses recount salacious and potentially unflattering details about his private life.

    Trump has nonetheless sought to turn his criminal defendant status into an asset for his campaign, fundraising off his legal jeopardy and repeatedly railing against a justice system that he has for years claimed is weaponized against him.

    Hearing the case is a jury that includes, among others, multiple lawyers, a sales professional, an investment banker and an English teacher.

    The case will test jurors’ ability to set aside any bias but also Trump’s ability to abide by the court’s restrictions, such as a gag order that bars him from attacking witnesses. Prosecutors are seeking fines against him for alleged violations of that order.

    ALSO SEE: Who are the key players in Donald Trump’s Manhattan hush money trial?

    The case brought by Manhattan District Attorney Alvin Bragg revisits a chapter from Trump’s history when his celebrity past collided with his political ambitions and, prosecutors say, he sought to prevent potentially damaging stories from surfacing through hush money payments.

    One such payment was a $130,000 sum that Michael Cohen, Trump’s former lawyer and personal fixer, gave to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from emerging into public shortly before the 2016 election.

    Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.

    Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.

    To convict Trump of a felony, prosecutors must show he not only falsified or caused business records to be entered falsely, which would be a misdemeanor, but that he did so to conceal another crime.

    RELATED: Here’s what we know about the jurors seated in Trump’s hush money criminal trial

    The allegations don’t accuse Trump of an egregious abuse of power like the federal case in Washington charging him with plotting to overturn the 2020 presidential election, or of flouting national security protocols like the federal case in Florida charging him with hoarding classified documents.

    But the New York prosecution has taken on added importance because it may be the only one of the four cases against Trump that reaches trial before the November election. Appeals and legal wrangling have delayed the other three cases.

    Copyright © 2024 by The Associated Press. All Rights Reserved.

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  • Judge delivers ruling in Donald Trump’s civil fraud trial in New York | LIVE

    Judge delivers ruling in Donald Trump’s civil fraud trial in New York | LIVE

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    NEW YORK — A judge has delivered a ruling Friday in Donald Trump’s New York civil fraud trial.

    Trump could be hit with millions of dollars in penalties and other sanctions in the decision by Judge Arthur Engoron, who has already ruled that the former president inflated his wealth on financial statements that were given to banks, insurers and others to make deals and secure loans.

    New York Attorney General Letitia James is seeking $370 million and a ban on Trump and other defendants from doing business in the state. A penalty like that could potentially wound the real estate empire that helped Trump craft his image as a savvy billionaire businessman and vaulted him to fame and the White House.

    Engoron is set to rule after two months of testimony from 40 witnesses, including Trump. Closing arguments were held Jan. 11. The judge is deciding the case because juries are not allowed in this type of lawsuit and neither James’ office nor Trump’s lawyers asked for one.

    Engoron is expected to release his decision Friday, barring unforeseen circumstances that would necessitate a delay, court officials said.

    It has already been a big week in court for Trump. On Thursday, a different New York judge ruled that Trump will stand trial March 25 on charges that he falsified his company’s records as part of an effort to buy the silence of people with potentially embarrassing stories about alleged infidelity. Trump says he is innocent.

    If the schedule holds, it will be the first of his four criminal cases to go to trial.

    Also Thursday, a judge in Atlanta heard arguments on whether to remove Fulton County District Attorney Fani Willis from Trump’s Georgia election interference case because she had a personal relationship with a special prosecutor she hired.

    James’ office has estimated that Trump exaggerated his wealth by as much as $3.6 billion. State lawyers contend Trump used the inflated numbers to get lower insurance premiums and favorable loan terms, saving at least $168 million on interest alone.

    Trump has denied wrongdoing and his lawyers have said they’ll appeal if Engoron rules against him.

    The Republican presidential front-runner testified Nov. 6 that his financial statements actually understated his net worth and that banks did their own research and were happy with his business. During closing arguments in January, he decried the case as a “fraud on me.”

    Engoron is deciding six claims in James’ lawsuit, including allegations of conspiracy, falsifying business records and insurance fraud.

    Before the trial, Engoron ruled on James’ top claim, finding that Trump’s financial statements were fraudulent. As punishment, the judge ordered some of his companies removed from his control and dissolved. An appeals court has put that on hold.

    Because it is civil, not criminal in nature, there is no possibility of prison time.

    Copyright © 2024 by The Associated Press. All Rights Reserved.

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  • Takeaways from the Supreme Court oral arguments on the Trump 14th Amendment case

    Takeaways from the Supreme Court oral arguments on the Trump 14th Amendment case

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    WASHINGTON — The Supreme Court signaled Thursday it is poised to back former President Donald Trump and fend off a blockbuster challenge to his eligibility to appear on Colorado’s ballot.

    During about two hours of arguments, Chief Justice John Roberts and the high court’s other conservative justices peppered the lawyers representing Trump’s challengers with a series of questions that suggested they were seeking a way to side with the former president – most likely based on reasoning that doesn’t address the question of whether he is or isn’t an insurrectionist.

    Eight of the nine justices suggested that they were open to some of the arguments made by Jonathan Mitchell, Trump’s lawyer at the Supreme Court.

    Even some members of the court’s liberal wing posed difficult questions to the lawyers opposed to the former president.

    The case is the most significant elections matter the justices have been forced to confront since the Bush v. Gore decision in 2000 effectively handed the presidency to George W. Bush. If the Supreme Court ultimately rules against Trump it would almost certainly end his campaign for another term.

    RELATED: Campaign finance report: Trump’s legal bills mount in new filing

    At issue is a provision in the 14th Amendment that bars certain public officials from serving in the government again if they took part in an insurrection. The voters who challenged Trump say his role in the January 6, 2021, attack on the US Capitol makes him ineligible under that “insurrection ban.”

    The Supreme Court often takes a few months to craft opinions – and usually hands down its biggest cases at the end of its term in June. But because the court expedited the earlier stages of the Trump ballot case, it is likely the court will want to move quickly to decide the case, potentially within a matter of weeks.

    Here’s what to know from Thursday’s hearing:

    Conservatives suggest several ways to side with Trump

    Throughout the course of the arguments, the court’s conservatives repeatedly questioned whether the insurrection ban was intended to apply to former presidents and whether the ban could be enforced without Congress first enacting a law. Others delved into more fundamental questions about whether courts removing a candidate from the ballot is democratic.

    “Your position has the effect of disenfranchising voters to a significant degree,” conservative Justice Brett Kavanaugh said in one of the more striking exchanges with attorneys.

    If Trump is removed from the ballot in Colorado, Roberts predicted that states would eventually attempt to knock other candidates off the ballot. That, he signaled, would be inconsistent with the purpose and history of the 14th Amendment.

    RELATED: Appeals court rejects Trump’s immunity claim in federal election interference case

    “It’ll come down to just a handful of states that are going to decide the presidential election,” Roberts said. “That’s a pretty daunting consequence.”

    The amendment’s key provision, Section 3, says in part: “No person shall … hold any office … under the United States … who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”

    Kavanaugh’s focus on a historical case

    One of the most notable line of questions came from Kavanaugh.

    A 19th Century Supreme Court case, In Re. Griffin, involved a defendant’s challenge to a criminal conviction based on the fact that the judge in the case had fought for the Confederacy. Chief Justice Salmon Chase, who was writing for an appeals court, ruled in 1869 that the “insurrectionist ban” could not be enforced against the judge unless Congress first passed a law.

    Trump and his allies raised the case during their written arguments to the Supreme Court.

    Ample evidence has emerged over the last year of what happened at the U.S. Capitol on Jan. 6, 2021.

    Kavanaugh repeatedly suggested that he believed the case offered important insight into the meaning of the insurrection ban. That would suggest that he, at least, is thinking about siding with Trump on the narrow grounds that states can’t enforce the ban without Congress first passing legislation.

    “It’s by the chief justice of the United States a year after the 14th Amendment,” Kavanaugh said in a reference to Chase. “That seems to me high probative of what the meaning or understanding of that otherwise elusive language is.”

    Jackson, liberals have tough questions for challengers

    Another sign that the court was leaning toward Trump’s position: Even some of the liberal justices posed difficult questions to the lawyers representing his challengers.

    Notably, Justice Ketanji Brown Jackson, a Joe Biden nominee, said that the 14th Amendment provision did not include the word “president,” even though it specifically listed other officials who would be covered, such as members of Congress. That is a central argument Trump’s attorneys have raised in the case.

    “They were listing people that were barred and ‘president’ is not there,” Jackson said. “I guess that just makes me worry that maybe they weren’t focused on the president.”

    Justice Elena Kagan questioned the implications of a single state banning a candidate in a presidential election.

    “Why should a single state have the ability to make this determination not only for their own citizens, but for the rest of the nation?” Kagan asked.

    All three of the court’s liberal justices – Jackson, Sonia Sotomayor and Kagan – asked tough questions of both sides but they generally focused on narrow provisions, avoiding broad questions about whether the president engaged in an insurrection. Heading into the arguments, many experts predicted that would suggest the arguments were moving in Trump’s direction.

    Justices didn’t focus on Trump’s January 6 actions

    The nine justices spent little time on the former president’s actions surrounding the January 6 attack on the US Capitol that sparked the ballot challenge in Colorado and elsewhere.

    There were more questions, in fact, about the Civil War and how the insurrectionist ban in the 14th Amendment of the Constitution was enacted in order to grapple with confederates who fought against the Union.

    When Trump’s attorney Jonathan Mitchell was questioned, none of the justices asked about whether Trump’s actions constituted an insurrection until Jackson raised it in her final question.

    “For an insurrection, there needs to be an organized concerted effort to overthrow the government of the United States through violence,” Mitchell said when asked to explain his argument that Trump’s actions did not involve an attempt to overthrow the government.

    “So if point is that a chaotic effort to overthrow the government is not an insurrection?” the justice responded.

    “This was a riot, it was not an insurrection,” Mitchell responded.

    Later, during questioning of Jason Murray, the attorney representing Colorado voters, Kavanaugh questioned why Trump should be removed from the ballot when he has not been convicted of inciting an insurrection. Kavanaugh noted there was a federal statute for insurrection and that Trump had not been charged with it, although he is facing other charges from special counsel Jack Smith related to his actions after the 2020 election.

    Murray argued that the federal insurrection statute was enacted before the 14th Amendment was adopted, and that a federal conviction was not required to remove Trump from the ballot.

    The provision does not say a conviction is necessary for disqualification, though some analysts have said a criminal conviction would help ensure that there was due process before anyone would be barred from office. After the Civil War, thousands of ex-Confederates were disqualified from office without prior criminal convictions.

    The-CNN-Wire & 2024 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.

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  • Supreme Court hears oral arguments in Trump’s 14th Amendment ballot case | LISTEN LIVE

    Supreme Court hears oral arguments in Trump’s 14th Amendment ballot case | LISTEN LIVE

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    WASHINGTON — The Supreme Court will hear arguments Thursday in a historic challenge to Donald Trump‘s eligibility to appear on the ballot, thrusting the high court into a raucous election as it threatens to abruptly end the former president’s campaign for a second term.

    The Supreme Court will hear arguments Thursday in a historic challenge to Donald Trump’s eligibility to appear on the ballot.

    Not since the court decided Bush v. Gore after the 2000 election have the nine justices been asked to dig into a case so intertwined with an ongoing presidential election. Though the appeal is ostensibly about Colorado’s ballot, both sides acknowledge the decision later this year will have nationwide implications.

    Standing before the justices inside the ornate courtroom, a lawyer representing the six voters who challenged Trump’s eligibility will argue a post-Civil War “insurrection ban” in the 14th Amendment bars the frontrunner for the GOP nomination from serving again because of his actions leading up to the January 6, 2021, attack on the US Capitol.

    A lawyer for Trump will argue that the provision doesn’t apply to a former president.

    RELATED: Campaign finance report: Trump’s legal bills mount in new filing

    The court scheduled 80 minutes for the arguments that will kick off shortly after 10 a.m. ET, but the justices regularly blow past the set time on more mundane matters. It is more likely that they will press the attorneys arguing before them for hours.

    Though sometimes inconclusive, arguments often provide important insight into how the justices are thinking about the questions before them. While the debate may not decide the outcome of a case, they can shape the behind-the-curtain wrangling that unfolds as the justices stake out positions and begin drafting opinions.

    “You can definitely get a sense of what the justices care about from how the oral argument goes,” said Kermit Roosevelt, a professor at the University of Pennsylvania Carey Law School. “You can’t always tell how they’re going to vote but you can get a sense of which issues they think are important.”

    Trump ballot fight pushes high court into unchartered territory

    Many of the legal theories raised in the insurrection dispute are new to the Supreme Court. Though the 14th Amendment was ratified in 1868, the court has never before wrestled with a claim based on the insurrection clause.

    The case, Trump v. Anderson, is on appeal from the Colorado Supreme Court, which in December ruled that the former president is no longer eligible to serve. In addition to Colorado, the top election official in Maine reached a similar conclusion in late December and determined Trump is constitutionally barred from office.

    Similar cases were rejected on procedural grounds in other states, where well-funded legal groups filed lawsuits on behalf of voters.

    Trump is simultaneously juggling four criminal prosecutions – including one that could reach the Supreme Court in coming days dealing with whether he can claim immunity from criminal prosecution. Not only has Trump repeatedly denied wrongdoing in those cases, he has lumped his legal woes together and tried to use them to his advantage on the campaign trail.

    RELATED: Appeals court rejects Trump’s immunity claim in federal election interference case

    While the stakes for Trump are enormous, they are also significant for the Supreme Court. Approval ratings of the court have sunk to record lows and a large portion of the country will likely be enraged by the decision in the ballot case.

    Will justices look for ways to rule without saying if Trump was an insurrectionist?

    One element to watch during arguments Thursday will be how much attention the justices pay to the narrow off-ramps Trump is offering the court to decide the case in his favor without addressing directly whether he took part in an insurrection. The six Republican and independent voters who sued Trump filled court papers with harrowing pictures from the attack on the US Capitol and striking language about the chaos that unfolded that day.

    But if the justices appear to be mostly focused on more technical points, that may be a good sign for Trump.

    “A lot of justices are going to be looking for a way to get out of this,” said Michael Gerhardt, a law professor at the University of North Carolina at Chapel Hill. “The court will be reluctant to decide the merits of this because that would then place the court in the middle of the election.”

    Ample evidence has emerged over the last year of what happened at the U.S. Capitol on Jan. 6, 2021.

    Trump and his allies argue the insurrection ban doesn’t apply to former presidents and, if it did, that Colorado courts have no authority to enforce it in this way. His briefs have focused less on the events of January 6 and more on his lead in the campaign for the Republican presidential nomination.

    The first sentence of Trump’s final brief notes he won the Iowa caucuses last month and the New Hampshire primary days later. Broadly, he argues that voters, not courts, should choose the president.

    Interplay between John Roberts and Elena Kagan may be key

    Though among the least talkative on the bench, Chief Justice John Roberts is always important to watch during arguments. Roberts, concerned about the court’s reputation, will likely seek to settle the politically fraught case in a narrow way that can bring together the court’s six conservatives and three liberals.

    Roberts’ questions could signal what he thinks is the best path to that outcome.

    That raises another dynamic to watch: The arguments Thursday may offer insight into the appetite within the court’s liberal wing – Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – to find a compromise with Roberts. The chief justice and Kagan, who was nominated in 2010 by President Barack Obama, have found ways to work together in recent years.

    “Roberts is going to have a lot of incentive to get rid of this,” Gerhardt said. “He may have some support in trying to get rid of it, but I think that’s going to be foremost in his mind.”

    (The-CNN-Wire & 2023 Cable News Network, Inc., a Time Warner Company. All rights reserved.)

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  • What to watch for as Supreme Court hears the Donald Trump 14th Amendment ballot battle

    What to watch for as Supreme Court hears the Donald Trump 14th Amendment ballot battle

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    WASHINGTON — The Supreme Court will hear arguments Thursday in a historic challenge to Donald Trump‘s eligibility to appear on the ballot, thrusting the high court into a raucous election as it threatens to abruptly end the former president’s campaign for a second term.

    Not since the court decided Bush v. Gore after the 2000 election have the nine justices been asked to dig into a case so intertwined with an ongoing presidential election. Though the appeal is ostensibly about Colorado’s ballot, both sides acknowledge the decision later this year will have nationwide implications.

    Standing before the justices inside the ornate courtroom, a lawyer representing the six voters who challenged Trump’s eligibility will argue a post-Civil War “insurrection ban” in the 14th Amendment bars the frontrunner for the GOP nomination from serving again because of his actions leading up to the January 6, 2021, attack on the US Capitol.

    A lawyer for Trump will argue that the provision doesn’t apply to a former president.

    RELATED: Campaign finance report: Trump’s legal bills mount in new filing

    The court scheduled 80 minutes for the arguments that will kick off shortly after 10 a.m. ET, but the justices regularly blow past the set time on more mundane matters. It is more likely that they will press the attorneys arguing before them for hours.

    Though sometimes inconclusive, arguments often provide important insight into how the justices are thinking about the questions before them. While the debate may not decide the outcome of a case, they can shape the behind-the-curtain wrangling that unfolds as the justices stake out positions and begin drafting opinions.

    “You can definitely get a sense of what the justices care about from how the oral argument goes,” said Kermit Roosevelt, a professor at the University of Pennsylvania Carey Law School. “You can’t always tell how they’re going to vote but you can get a sense of which issues they think are important.”

    Trump ballot fight pushes high court into unchartered territory

    Many of the legal theories raised in the insurrection dispute are new to the Supreme Court. Though the 14th Amendment was ratified in 1868, the court has never before wrestled with a claim based on the insurrection clause.

    The case, Trump v. Anderson, is on appeal from the Colorado Supreme Court, which in December ruled that the former president is no longer eligible to serve. In addition to Colorado, the top election official in Maine reached a similar conclusion in late December and determined Trump is constitutionally barred from office.

    Similar cases were rejected on procedural grounds in other states, where well-funded legal groups filed lawsuits on behalf of voters.

    Trump is simultaneously juggling four criminal prosecutions – including one that could reach the Supreme Court in coming days dealing with whether he can claim immunity from criminal prosecution. Not only has Trump repeatedly denied wrongdoing in those cases, he has lumped his legal woes together and tried to use them to his advantage on the campaign trail.

    RELATED: Appeals court rejects Trump’s immunity claim in federal election interference case

    While the stakes for Trump are enormous, they are also significant for the Supreme Court. Approval ratings of the court have sunk to record lows and a large portion of the country will likely be enraged by the decision in the ballot case.

    Will justices look for ways to rule without saying if Trump was an insurrectionist?

    One element to watch during arguments Thursday will be how much attention the justices pay to the narrow off-ramps Trump is offering the court to decide the case in his favor without addressing directly whether he took part in an insurrection. The six Republican and independent voters who sued Trump filled court papers with harrowing pictures from the attack on the US Capitol and striking language about the chaos that unfolded that day.

    But if the justices appear to be mostly focused on more technical points, that may be a good sign for Trump.

    “A lot of justices are going to be looking for a way to get out of this,” said Michael Gerhardt, a law professor at the University of North Carolina at Chapel Hill. “The court will be reluctant to decide the merits of this because that would then place the court in the middle of the election.”

    Ample evidence has emerged over the last year of what happened at the U.S. Capitol on Jan. 6, 2021.

    Trump and his allies argue the insurrection ban doesn’t apply to former presidents and, if it did, that Colorado courts have no authority to enforce it in this way. His briefs have focused less on the events of January 6 and more on his lead in the campaign for the Republican presidential nomination.

    The first sentence of Trump’s final brief notes he won the Iowa caucuses last month and the New Hampshire primary days later. Broadly, he argues that voters, not courts, should choose the president.

    Interplay between John Roberts and Elena Kagan may be key

    Though among the least talkative on the bench, Chief Justice John Roberts is always important to watch during arguments. Roberts, concerned about the court’s reputation, will likely seek to settle the politically fraught case in a narrow way that can bring together the court’s six conservatives and three liberals.

    Roberts’ questions could signal what he thinks is the best path to that outcome.

    That raises another dynamic to watch: The arguments Thursday may offer insight into the appetite within the court’s liberal wing – Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson – to find a compromise with Roberts. The chief justice and Kagan, who was nominated in 2010 by President Barack Obama, have found ways to work together in recent years.

    “Roberts is going to have a lot of incentive to get rid of this,” Gerhardt said. “He may have some support in trying to get rid of it, but I think that’s going to be foremost in his mind.”

    (The-CNN-Wire & 2023 Cable News Network, Inc., a Time Warner Company. All rights reserved.)

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