Former President Donald Trump’s civil financial fraud trial gets underway in New York. The U.S. Supreme Court — minus Justice Clarence Thomas, who recused himself — refuses to hear an appeal filed by lawyer John Eastman about shielding emails he sent to Trump. In Georgia, Fulton County District Attorney Fani Willis subpoenas Bernard Kerik to testify in the case against Trump and 18 others.
Jan. 6 election interference
Supreme Court rejects Eastman appeal — and Thomas recuses himself
Key players: Pro-Trump lawyer , Supreme Court Justice
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On Monday, the United States Supreme Court declined to hear an appeal by Eastman, who sought to block Congress from obtaining 10 emails he sent to Trump about overturning the results of the 2020 election,.
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The emails were handed over to the House committee investigating the riot at the U.S. Capitol, but Eastman’s lawyers argued that they were protected by attorney-client privilege.
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In 2020, U.S. District Court Judge David Carter ruled that the emails were not protected by attorney-client privilege because they were likely used in furtherance of a crime.
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Thomas, for whom Eastman worked as a clerk, recused himself from the case.
Why it matters: Eastman related to his efforts to overturn the election results in Georgia and could yet face federal charges. Legal challenges attempting to shield Trump’s communications regarding the 2020 election plot have largely failed. Given Thomas’ wife Ginni’s extensive , this may not be the last case he will face calls to recuse himself.
New York financial fraud civil trial
Prosecutors: Trump gained $1B by lying to banks and insurers about the value of his assets
Key players: Prosecution lawyer Kevin Wallace, Trump lawyer , New York Attorney General , Judge
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On the first day of the New York trial to decide how much Trump, his adult sons and his business will have to pay in damages after being found liable for years of financial fraud, prosecutors said Trump had gained $1 billion by inflating his assets in order to obtain favorable loan and insurance rates, .
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“This isn’t business as usual, and this isn’t how sophisticated parties deal with each other,” Wallace said. “These are not victimless crimes.”
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Kise countered by saying, “there were no unjust profits, and there were no victims.”
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James, Trump and his son Eric all attended the trial. Asked why he had come even though he was not legally required to, Trump quipped, “Because I want to watch this witch hunt myself.”
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Trump also tore into Engoron, calling him a “Democrat operative” and a “disgrace.”
Why it matters: Engoron will alone decide the amount of damages Trump, his sons and business will have to pay for illegally inflating their assets on loan and insurance forms.
Georgia election interference
Willis subpoenas Kerik to testify
Key players: Fulton County DA , former New York Police Commissioner , Kerik’s lawyer
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Willis has issued a subpoena to Kerik seeking his testimony in the case against Trump and 18 others accused of attempting to illegally overturn the election results in Georgia, .
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Kerik is an unnamed co-conspirator in the case. He took part in meetings with officials from other battleground states that Trump lost in 2020 to devise a strategy for contesting those results.
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In response to Willis, Parlatore said that no “competent criminal attorney would allow Mr. Kerik to testify absent a grant of immunity.”
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Short of being given immunity, Kerik will plead the Fifth Amendment on the witness stand, Parlatore added.
Why it matters: On Friday, bail bondsman Scott Hall became the first defendant in the Georgia case to cut a plea deal with prosecutors. Kerik has not been charged in Georgia, however, so it remains to be seen if Willis will agree to offer him immunity in exchange for his testimony.
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