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<ul class="summary-list"><li>Plaintiffs in 14 lawsuits call Sean Combs a rapist, including eight who sued in the past two weeks.</li><li>Credible plaintiffs can help prosecutors win the Combs criminal case, legal experts say.</li></ul>The <a target="_blank" rel="noopener noreferrer" class="c-link" href="https://www.businessinsider.com/sean-diddy-combs-arrested-grand-jury-indictment-2024-9">sex-trafficking indictment</a> against Sean "Diddy" Combs mentions a single cooperating accuser, a former longtime girlfriend referred to only as "Victim-1."Legal experts believe she won't be alone for much longer.Plaintiffs from Combs' growing number of sexual abuse lawsuits may soon join her, as "Victim-2," "Victim-3," and beyond, in <a target="_blank" class="" href="https://www.businessinsider.com/diddy-case-sean-combs-next-court-date-2024-10">an updated indictment</a>, veteran New York defense attorneys predict."You can bet the US Attorney's Office is interviewing the attorneys, if not the clients themselves," attorney Michael Farkas, a former New York prosecutor.While strong civil accusers — those offering proof, corroboration, and believable testimony — can help prosecutors win a criminal trial, their financial stake in the outcome of the case makes them vulnerable to cross-examination."If they are credible, they could amount to very powerful evidence against Mr. Combs, either as additional charges or as witnesses called to the stand to show a pattern," Farkas said."But the US attorneys will use caution in all these plaintiff interviews, entertaining at least the possibility that these are claims of opportunity," he said.Defense lawyers have already signaled that this will be a line of attack against "Victim-1." While she is not identified by name in court papers, her details in the indictment match those in a quickly settled $30 million lawsuit brought in November by Cassandra "Cassie" Ventura, the rap mogul's longtime girlfriend.Ventura's attorney, Douglas Wigdor, declined to comment on this story."There's 30 million reasons" to doubt her credibility, Combs attorney Marc Agnifilo told a judge during bail arguments last month. "One for each dollar that was being sued for."Any dent in a witness's credibility can damage a case, said Stacey Richman, a Bronx-based attorney who has represented rappers including Jay-Z, Lil Wayne, and Ja Rule."If they believe a witness has intentionally testified falsely as to any material fact, the jurors may disregard the witness's entire testimony," said Richman. "And if there is enough momentum with multiple witnesses, it can destabilize the whole case."Farkas, Richman, and other criminal defense lawyers with federal experience told BI prosecutors will be especially interested in the most serious of the two dozen civil claims brought in the year since <a target="_blank" href="https://www.businessinsider.com/sean-combs-diddy-sex-trafficking-rape-abuse-lawsuit-cassie-venutura-2023-11">Ventura's lawsuit</a> opened the Combs litigation floodgates.So far, 11 women and three men allege they were raped by the music mogul after being beaten or drugged at parties he threw in Manhattan, Los Angeles, and Las Vegas over the past three decades. Nearly a dozen additional plaintiffs allege sexual abuse without using the word rape.In a lawsuit filed this week, a Jane Doe from Alabama said<a target="_blank" class="" href="https://www.businessinsider.com/sean-diddy-combs-lawsuit-mtv-vma-afterparty-2024-10"> she was 13 years old</a> when Combs and an unnamed "Celebrity A" raped her at an after-party for the 2000 MTV Video Music Awards.The lawsuit was one of 13 cases <a target="_blank" class="" href="https://www.businessinsider.com/sean-combs-diddy-new-allegations-lawsuits-2024-10">filed in the last two weeks</a> by The Buzbee Law Firm in Houston. Founding attorney Tony Buzbee says he'll file 120 in total."We expect to be filing cases weekly naming Mr. Combs and others as defendants as we continue to gather evidence and prepare the filings," he told BI.Combs remains in a federal jail in Brooklyn as he appeals his denial of bail and awaits trial. His indictment alleges he engaged in a decades-long pattern of physical and sexual violence, including during elaborate dayslong sex performances called "freak-offs." He has pleaded not guilty, and his lawyers have said that the charged behavior was consensual.In court papers relating to the criminal case, defense attorneys have used the words "false" and "outright absurd" in referring to the lawsuits' allegations. Members of the defense team declined to comment for this story.A spokesman for the US attorney's office also declined comment.<h2 id="86735765-745d-412a-8591-f8240b1d03e2">The vetting will be rigorous</h2>The vetting of these potential plaintiffs-turned-federal-witnesses will be rigorous, said Michael Bachner, a former New York prosecutor who was part of Combs' defense team in 2001, during a Manhattan guns and bribery trial that ended in the rap mogul's acquittal."They'll want to know, is there corroboration or proof?" Bachner said of federal prosecutors. "Many of these allegations are decades old — are there hospital records? Is there an explanation for a 13-year-old going to a VMA party? Why was she alone?"This vetting is already well underway.Federal prosecutors have been interviewing plaintiffs for months in a less-than-secretive process, defense lawyers complained recently, in asking Combs' Manhattan judge to gag potential witnesses and their attorneys.Combs producer Rodney "Lil Rod" Jones <a target="_blank" class="" href="https://www.businessinsider.com/why-prince-harry-was-mentioned-in-sean-diddy-combs-lawsuit-2024-3">filed a $30 million lawsuit in February</a> alleging sexual assault and harassment, allegations Combs has denied and is seeking to have dismissed.Last week, Tyrone Blackburn, an attorney for Jones, told a federal judge in Manhattan that he and his client have met repeatedly with prosecutors, with Jones drawing a map of Combs' home and sharing photos, according to <a target="_blank" class="" href="https://www.law360.com/media/articles/1890836">Law 360</a>.Blackburn, who also represents <a target="_blank" class="" href="https://www.businessinsider.com/diddy-lawsuits-celebrities-list">Combs accuser Liza Gardner</a>, did not immediately respond to a request for comment.Blackburn dropped Jones' claims against UMG Recordings, Motown Records, and Universal Music Group in May after the music companies' attorneys complained of inconsistencies in the lawsuit.Another of the Combs lawsuits, <a target="_blank" class="" href="https://www.businessinsider.com/timeline-sean-diddy-combs-sexual-misconduct-timeline-2024-2#july-3-2024-another-woman-files-a-lawsuit-against-combs-17">filed in July by adult film actress Adria English</a>, similarly hit legal shoals this month when her attorneys successfully asked to withdraw from the case, citing "irreconcilable differences" with English, according to court filings. The attorneys did not immediately respond to a request for comment.Experts said Combs' defense lawyers will try to impugn the financial motives of not only any plaintiffs who take the stand in May but also their lawyers.In a motion seeking a gag order last week, the defense accused plaintiff attorneys of using "publicity stunt" tactics to drum up a "<a target="_blank" class="" href="https://www.businessinsider.com/timeline-sean-diddy-combs-sexual-misconduct-timeline-2024-2">torrent of allegations</a>."They singled out Buzbee for live-streaming a press conference last month where anyone with claims was advised to call a "1-800" number. The hotline received 12,000 calls in its first 24 hours, he told the New York Post."We will let the allegations in the filed complaints speak for themselves and will work to see that justice is done," Buzbee told BI this week.

Plaintiffs in 14 lawsuits call Diddy a rapist. These accusers can clinch or crash his criminal case. 

<ul class="summary-list"><li>Eric Adams hired Alex Spiro — also Elon Musk's lawyer — to represent him in his criminal case.</li><li>Spiro has been billing the city for a separate civil sexual assault lawsuit against the mayor.</li></ul>New York City taxpayers aren't on the hook for the legal bill in <a target="_blank" class="" href="https://www.businessinsider.com/new-york-city-mayor-eric-adams-indictment-timeline-corruption-investigation-2024-9">Eric Adams' federal bribery case</a>, a spokesperson for the mayor confirmed to Business Insider.Adams is <a target="_blank" class="" href="https://www.businessinsider.com/eric-adams-indictment-elon-musk-favorite-lawyer-alex-spiro-2024-9">represented in the criminal case by Alex Spiro</a>, a former Manhattan prosecutor and one of the highest-profile lawyers in the country, representing the likes of Elon Musk and Alec Baldwin.Spiro had already been defending Adams in an unrelated civil sexual lawsuit case since April. For that case, Spiro was billing the city for his work — though <a target="_blank" class="" href="https://www.politico.com/news/2024/04/08/adams-lawyer-lawsuit-nyc-00151112">reportedly charging only $250 per hour</a> instead of the $2,025 per hour rate he's charged other clients.But New York City's coffers aren't being emptied for Spiro's work in the criminal case against Adams, according to Fabien Levy, the city's deputy mayor for communications."No, the city is not covering the costs of representation in this matter," Levy told BI in an email.Federal prosecutors in Manhattan have brought five criminal counts against Adams, accusing him of soliciting and accepting bribes from the government of Turkey in the form of luxury travel perks.<a target="_blank" class="" href="https://www.businessinsider.com/eric-adams-court-appearance-criminal-case-indictment-2024-9">Adams pleaded not guilty</a> to the charges in the indictment at an arraignment Friday afternoon, wearing a somber expression while sitting next to a relaxed-looking Spiro.In remarks to reporters following the court hearing, Spiro mocked the charges as "the airline upgrade corruption case" and said he would file a motion to dismiss — a step that normally takes months to prepare — on Wednesday.Alex Spiro didn't immediately return a request for comment from Business Insider on Friday afternoon.

New York City taxpayers aren't footing the bill for Eric Adams' criminal corruption case

Union Home Minister <keyword id="19899491" type="General" weightage="20" keywordseo="Amit-Shah" source="keywords">Amit Shah</keyword> on Monday stated that the first case filed under new <keyword id="19917982" type="General" weightage="20" keywordseo="criminal-justice-laws" source="keywords">criminal justice laws</keyword> was about a motorcyle theft registered in <keyword id="20161263" type="General" weightage="20" keywordseo="Gwalior" source="keywords">Gwalior</keyword> in <keyword id="19898705" type="General" weightage="20" keywordseo="Madhya-Pradesh" source="keywords">Madhya Pradesh</keyword> at 10 minutes past midnight. "...The first case (under the new laws) was registered at a Police station in <keyword id="20161263" type="General" weightage="20" keywordseo="Gwalior" source="keywords">Gwalior</keyword>. It was a case of theft, someone's motorcycle was stolen. The case was registered at 12.10 am...As far as the case against a vendor (registered at a Police Station in Delhi) is concerned, there were provisions for the same earlier too and it is not a new provision. Police used the provision to review it and dismissed that case," Shah said while addressing a press conference here. Shah's clarification came in response to a media query about the first first case lodged under the new laws that have come into force beginning from today. Delhi Police had registered a case at Kamla Market Police Station in the national capital against a street vendor under the new laws. "If the date of crime is before July 1, 2024, then it will be tried under old laws, if it is later, it will be tried under new laws," Shah said at the press conference today. The three new criminal laws- the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA), came into effect today. Under this the Indian Penal Code (IPC) has been replaced with the Bharatiya Nyaya Sanhita, the CrPC with Nagarik Suraksha Sanhita and the Indian Evidence Act has been replaced with the Bharatiya Sakshya Adhiniyam. These laws had recieved the assent by President Droupadi Murmu on December 25, 2023. Detailing the new laws, the Union Minister said, "...First of all, I would like to congratulate the people of the country that about 77 years after independence, our criminal justice system is becoming completely 'Swadeshi'. This will function on Indian ethos. After 75 years, these laws were contemplated upon and when these laws are in effect from today, colonial laws have been scrapped and laws made in the Indian Parliament are being brought into practice. Instead of 'Dand', it is now 'Nyay'. Instead of delay, there will be speedy trial and speedy justice. Earlier, only the rights of the Police were protected but now, vicitms' and complainants' rights will be protected too." SEE ALSO:<a href="https://www.businessinsider.in/stock-market/news/vraj-iron-and-steel-ipo-allotment-how-to-check-allotment-ipo-gmp-listing-date-and-more/articleshow/111394752.cms" target="_blank"></a> <a href="https://www.businessinsider.in/stock-market/news/vraj-iron-and-steel-ipo-allotment-how-to-check-allotment-ipo-gmp-listing-date-and-more/articleshow/111394752.cms" target="_blank">Vraj Iron and Steel IPO allotment – How to check allotment, IPO GMP, listing date and more</a><a href="https://www.businessinsider.in/business/telecom/news/reliance-jio-and-airtel-price-hike-new-plans-and-how-you-can-save-money/articleshow/111331794.cms" target="_blank"></a> <a href="https://www.businessinsider.in/business/telecom/news/reliance-jio-and-airtel-price-hike-new-plans-and-how-you-can-save-money/articleshow/111331794.cms" target="_blank">Reliance Jio and Airtel price hike – new plans and how you can save money</a><a href="https://www.businessinsider.in/tech/mobile/webstories/upcoming-smartphones-launching-in-india-in-july-2024/slidelist/111304902.cms" target="_blank"></a> <a href="https://www.businessinsider.in/tech/mobile/webstories/upcoming-smartphones-launching-in-india-in-july-2024/slidelist/111304902.cms" target="_blank">Upcoming smartphones launching in India in July 2024</a>

First case under new criminal justice laws registered for motorcycle theft in Gwalior, not against street vendor in Delhi: Amit Shah

New Delhi: Senior AAP leader <keyword id="19909124" type="General" weightage="100" keywordseo="Manish-Sisodia" source="keywords">Manish Sisodia</keyword> on Saturday called upon party workers and people to fight against the "dictatorship" in the country, a day after he was released from jail in the Delhi excise policy case. Targeting the BJP, he also said these people are not more powerful than the Constitution. Every person has to fight against this "dictatorship" which is not just putting leaders in jail but also harassing citizens, Sisodia said while addressing <keyword id="19935664" type="General" weightage="20" keywordseo="Aam-Aadmi-Party" source="keywords" meta.keywordsubtype="org" meta.entityname="Aam Aadmi Party" meta.hostid="153" meta.entityid="Aam Aadmi Party">Aam Aadmi Party</keyword> (AAP) workers at its headquarters here. He claimed that while in jail, he was not worried about getting bail but was pained seeing businessmen being put in prison in "fake cases just because they did not donate money to the BJP". The <keyword id="19895345" type="General" weightage="20" keywordseo="Supreme-Court" source="keywords" meta.keywordsubtype="org" meta.entityname="Supreme Court" meta.hostid="153" meta.entityid="Supreme Court">Supreme Court</keyword> on Friday gave Sisodia bail in corruption and money laundering cases linked to the alleged excise policy "scam" and said his long incarceration of 17 months without trial had deprived him of the right to speedy justice. On AAP supremo and Delhi Chief Minister <keyword id="19901384" type="General" weightage="20" keywordseo="Arvind-Kejriwal" source="keywords">Arvind Kejriwal</keyword>, who is also in jail in the case, Sisodia said he is the symbol of honesty in the country. Conspiracies are being hatched to defame Kejriwal's work, he said and added that if opposition leaders unite against the "dictatorship", Kejriwal will come out of jail in 24 hours. Sisodia told AAP workers that "we are just horses of a chariot but our real 'saarthi' (charioteer) is in jail, he will come out soon". On his bail verdict, Sisodia said the Supreme Court used the power of the Constitution to "trample dictatorship" yesterday. He said he was hoping to get justice in seven-to-eight months but it took 17 months. But at the end truth triumphed, Sisodia said. Seeking to target the BJP over the Vinesh Phogat issue, Sisodia, without taking the wrestler's name, said she protested against its leader and people saw what happened at the Olympics. Phogat, who was disqualified from the Paris Olympics for being found 100 grams overweight ahead of her women's 50kg final, was at the forefront of a lengthy protest alleging government inaction against former Wrestling Federation of India head Brij Bhushan Sharan Singh, who was accused of sexual harassment by women wrestlers.

People have to fight against dictatorship in country: AAP leader Manish Sisodia

The <keyword id="6354977" type="General" weightage="50" keywordseo="supreme-court" source="Orion">Supreme Court</keyword> on Thursday issued a slew of directions for speedy disposal of criminal cases against Members of Parliament and Members of Legislative Assembly (MPs/MLAs) and asked High Courts to register a Suo Motu case for effective monitoring and speedy disposal of such cases. A bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra said it was difficult for it to form a uniform guideline for trial courts across the country relating to speedy disposal of <keyword id="16453350" type="General" weightage="40" keywordseo="cases-against-mps" source="Orion">cases against MPs</keyword> and MLAs. The top court left it to the high courts to evolve such measures for effective monitoring of such cases. The bench directed that High Court Chief Justices shall register a suo motu case titled "In Re Designated Courts for MPs and MLAs" to monitor the early disposal of pending criminal cases against lawmakers. It directed that the suo motu case be heard by a special bench headed by the Chief Justice or a bench assigned by him or her. It was further directed that the Special Bench of the High Court may list the matter at regular intervals as felt necessary. The top court said the High Court may issue such orders and directions as necessary for expeditious and effective disposal of the cases. The bench further ordered that the Special Bench of the High Court may consider taking the assistance of the Advocate General or prosecutor to assist it. The apex court also directed that cases against MPs and MLAs that are punishable by death should be prioritised over other cases. Then cases punishable with imprisonment for five years or more will be given priority. It further said that the cases would not be adjourned by the trial court except for rare and compelling reasons. The top court said that the High Court may require a Principal District and Sessions judge to bear the responsibility of allocating the subject cases to such courts. The High Court may call upon the Principal District and Sessions judge to send reports on such intervals, it added. The concerned principal and session judge should ensure sufficient infrastructural facilities are available for the trial of such cases, as directed by the top court. The directions of the top court came on a PIL filed by advocate Ashwini Upadhyay seeking speedy disposal of criminal cases pending against MPs and MLAs. Earlier, the Enforcement Directorate (ED) filed a status report stating that there are 51 MPs and 71 MLAs, sitting and former, who stand accused by the agency of offence under the Prevention of Money Laundering Act (PMLA). The report did not specify exactly how many of those are sitting MPs or MLAs and how many are former MPs or MLAs. The Central Bureau of Investigation (CBI) had also submitted a similar report stating that a total of 121 cases are pending trial against sitting and former MPs and MLAs. The number of MPs involved in those cases is 51, out of which 14 are sitting, 37 are former and 5 are deceased. The report further stated that 112 MLAs are involved in CBI cases, out of which 34 are sitting, 78 are former and 9 are deceased. The number of cases pending investigation against MPs and MLAs by the CBI is 37, according to the report the CBI submitted. Senior advocate Vijay Hansari, who was assisting the apex court in the case as amicus curiae, had highlighted a "glaring case of inordinate delay" in the trial of cases against lawmakers, submitting that many cases were pending for over five years. The apex court had sought a status report from Hansaria relating to the pendency and grant of sanctions for prosecution, the expected time for completion of the investigation and reasons for delay in the same. Hansaria had sought directions to ensure that courts dealing with cases against lawmakers should exclusively try such issues. The plea sought speedy disposal of cases against them and pointed out that while judges and babus were suspended for such activities, politicians were condoned by the law. As of now, convicted politicians have been banned from the polls for six years.

SC issues directions to HCs for speedy disposal of criminal cases against MPs, MLAs

<ul class="summary-list"><li>Allies of Donald Trump who backed him during his trial have been tapped for his administration.</li><li>Those supporters include JD Vance, Matt Gaetz, Vivek Ramaswamy, and Mike Waltz.</li></ul>When <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-election-criminal-cases-presidency-2024-11">Donald Trump</a> stood trial in his historic criminal <a target="_blank" class="" href="https://www.businessinsider.com/trump-wins-stay-criminal-hush-money-case-2024-11">hush-money case</a> earlier this year, a <a target="_blank" class="" href="https://www.businessinsider.com/which-republicans-attended-trump-hush-money-trial-2024-5#two-dozen-other-house-republicans-have-also-shown-up-8">bevy of GOP elites</a> flocked to a Manhattan courthouse in support of the former and now future president.<a target="_blank" class="" href="https://www.businessinsider.com/trump-hush-money-trial-verdict-2024-5">Trump was eventually found guilty</a> of all 34 felony counts of falsifying business records.Four of the Trump loyalists who rallied behind him during the trial have already been tapped for roles in the <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-white-house-staff-cabinet-picks-list-2024-11">president-elect's incoming administration</a>.Those Trump allies include:<div type="image" title="JD Vance in the background at Donald Trump's hush-money trial." height="4672" width="7008" msid="115315207" hostid="261" sizebytes="4054798"></div><h2 id="78a21a90-c648-45bc-be7c-1c5ab4427922">JD Vance</h2>Ohio Sen. <a target="_blank" class="" href="https://www.businessinsider.com/trump-vice-president-jd-vance-career-facts-2024-7">JD Vance</a> will become vice president in Trump's upcoming second administration.Back in May, toward the end of Trump's first criminal trial, Vance was among a <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-melania-hush-money-trial-gop-support-court-2024-5">slew of Republican politicians</a> to mobilize around Trump as <a target="_blank" class="" href="https://www.businessinsider.com/trump-hush-money-trial-charges-explained-narrative-as-jury-deliberates-2024-5">he routinely defended himself</a> to reporters in the hallway outside the 15th-floor downtown Manhattan courtroom where the trial was held.Vance was also the first vice presidential contender to show up at court for Trump."Does any reasonable, sensible person believe anything that Michael Cohen says? I don't think that they should," Vance told reporters on May 13 outside the courthouse after Cohen, Trump's ex-personal attorney-turned-nemesis, first took the witness stand.<div type="image" title="Matt Gaetz in the background at Donald Trump's hush-money trial." height="2666" width="4000" msid="115315198" hostid="261" sizebytes="2368954"></div><h2 id="ab7fe0d6-ce6e-4631-91d1-9142b7291b0f">Matt Gaetz</h2>Trump sent <a target="_blank" class="" href="https://www.businessinsider.com/matt-gaetz-trump-nomination-history-controversy-moments-mccarthy-2024-11">shockwaves</a> through Washington after he named Florida Rep. <a target="_blank" class="" href="https://www.businessinsider.com/trump-nominates-matt-gaetz-attorney-general-2024-11">Matt Gaetz</a> as his pick for attorney general.Gaetz was among an entourage of rank-and-file House Republicans who showed up at Trump's hush-money trial in support of the then-presidential hopeful."We're here of our own volition because there are things we can say that President Trump is unjustly not allowed to say," Gaetz said during a May 16 press conference outside the courthouse.The right-wing firebrand continued, "This is a corrupt judge. These are corrupted witnesses. This is a corrupt prosecution that belies any sense of the facts or the law. And so, we're going to keep speaking out against this."<div type="image" title="Vivek Ramaswamy in the background at Donald Trump's hush-money trial." height="2000" width="3000" msid="115315206" hostid="261" sizebytes="411208"></div><h2 id="25a82047-6a69-4ee6-904a-068de0af0d4f">Vivek Ramaswamy</h2>Ex-GOP presidential candidate <a target="_blank" class="" href="https://www.businessinsider.com/elon-musk-vivek-ramaswamy-doge-government-efficiency-what-us-spends-2024-11">Vivek Ramaswamy</a> is set to co-lead a new "Department of Government Efficiency" alongside fellow billionaire <a target="_blank" class="" href="https://www.businessinsider.com/elon-musk-doge-hiring-staff-how-to-apply-2024-11">Elon Musk</a>.When Ramaswamy, the tech entrepreneur, showed up to Trump's hush-money trial on May 14, he was considered as a vice presidential contender."This is a politicized persecution that is nakedly apparent," Ramaswamy told reporters at the time outside the courthouse.<div type="image" title="GOP politicians supported Trump outside of his hush-money trial." height="4000" width="6000" msid="115315204" hostid="261" sizebytes="803588"></div><h2 id="ba9ccba4-01b3-447e-91b2-90b201af4fdf">Mike Waltz</h2>Trump has tapped Florida Rep. <a target="_blank" class="" href="https://www.businessinsider.com/trump-cabinet-picks-so-far-loyalty-resumes-11">Mike Waltz</a> to serve as his next national security advisor.The congressman supported Trump in court during the hush-money trial on May 16."It's a shame our country has fallen to a place where NY Democrats have weaponized the courts to interfere with our election," Waltz said in a <a target="_blank" class="" href="https://x.com/michaelgwaltz/status/1791089100323278982">post</a> on X at the time. "President Trump will beat this and we will send him back to the White House this November!"

These Trump loyalists named to roles in the new administration once flocked to a courtroom for his criminal trial

<ul class="summary-list"><li>If Donald Trump wins the 2024 presidency, it could help him in his four criminal cases.</li><li>"Setting politics aside, there is a lot at stake legally for Trump," one legal expert said.</li></ul>Not only is the presidency on the line for <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump">Donald Trump</a> in the 2024 election, but so are his <a target="_blank" class="" href="https://www.businessinsider.com/trump-criminal-cases-ranked-how-much-legal-trouble-2023-8">four criminal indictments</a>.Winning would largely free the former president for the foreseeable future from dealing with his criminal cases. Losing to Democratic rival <a target="_blank" class="" href="https://www.businessinsider.com/kamala-harris-political-career-photos-2024-11">Vice President Kamala Harris</a> means he must face these cases head-on."Setting politics aside, there is a lot at stake legally for Trump" in the <a target="_blank" class="" href="https://www.businessinsider.com/what-to-watch-for-election-day-harris-trump-congress-2024-11">November 5 election</a>, former federal prosecutor Neama Rahmani told Business Insider.Here's what will happen with Trump's four criminal cases — two federal and two state — if he wins or loses this year's presidency.<div type="image" title="This courtroom sketch from the Manhattan hush-money trial shows Donald Trump conferring with attorney Todd Blanche as Judge Juan Merchan watches from the bench." height="1875" width="2500" msid="114994501" hostid="261" sizebytes="716912"></div><h2 id="06f2e166-49f8-4400-b448-e35dc4e031fa">The New York hush-money case</h2>Whether Trump wins or loses the election, he will have a mandatory November 26 <a target="_blank" class="" href="https://www.businessinsider.com/trump-presidential-immunity-could-delay-hush-money-sentencing-legal-experts-2024-8">Manhattan sentencing</a> date on his calendar.Trump, the <a target="_blank" class="" href="https://www.businessinsider.com/trump-hush-money-trial-verdict-2024-5">first US president convicted of a crime</a>, faces anywhere from zero to four years in jail for his May conviction on 34 felony counts of falsifying business records to cover up his $130,000 hush-money payment to adult film actor <a target="_blank" class="" href="https://www.businessinsider.com/stormy-daniels-takes-stand-donald-trump-hush-money-trial-2024-5">Stormy Daniels</a>.There is some chance that date will be delayed. Trump has promised to fight his indictment and conviction in New York's appellate courts. He will argue that the evidence in the case includes acts that were done in his official role as president — evidence that is barred under July's landmark US Supreme Court <a target="_blank" class="" href="https://www.businessinsider.com/supreme-court-trump-immunity-january-6-election-ruling-decision-2024-5">presidential immunity decision</a>.Once he's sentenced, experts say more appeals could keep even a <a target="_blank" class="" href="https://www.businessinsider.com/trump-going-jail-time-ny-indictment-slim-odds-2023-3">jail sentence</a> on hold for years — though a <a target="_blank" class="" href="https://www.businessinsider.com/nyc-judges-weigh-in-on-trump-hush-money-sentencing-2024">jail sentence is highly unlikely</a>, a quartet of former New York judges previously told BI.Winning the presidency would extend things even further, as Trump could argue he's too busy running the country to tend to his personal legal issues.Cornell Law School professor Michael Dorf said it's likely that if Trump won back the White House, he would immediately file court papers to delay the sentencing until he is no longer president.Rahmani, the president and cofounder of West Coast Trial Lawyers, said that he does not believe Trump would be sentenced to jail "regardless of the outcome of the election.""Trump winning makes it logistically impossible and a certainty that he won't receive any time," Rahmani said.<div type="image" title="Special counsel Jack Smith" height="1667" width="2500" msid="114994492" hostid="261" sizebytes="151876"></div><h2 id="b14beff9-4c49-4e75-8485-3b47fadd7db8">Trump's federal cases</h2>Trump has two federal indictments, both brought by special counsel <a target="_blank" class="" href="https://www.businessinsider.com/judge-releases-prosecutors-evidence-against-trump-in-election-interference-case-2024-10">Jack Smith</a>, and both eligible for a presidential pardon, though a self-pardon has never been tried.If reelected president, Trump could ask his attorney general to fire Smith. He could also ask the courts to halt the federal prosecutions as there is long-standing Justice Department policy that a sitting president cannot be prosecuted while in office, or attempt to pardon himself, said Dorf.Trump said in a conservative radio interview last month that if elected, he would fire Smith "within two seconds."Justice Department regulations permit only firing a special counsel for good cause, but Trump could have his attorney general rescind that regulation, Dorf noted.Firing Smith "is basically his right as president, though I would expect Smith to resign before then, just as a matter of course," said Michel Paradis, an attorney who teaches national security and constitutional law at Columbia Law School."The key thing to watch would be what Jack Smith does between Election Day and January 20 to potentially protect those prosecutions from interference," Paradis said."There's not a lot he can do to make them ironclad since, at the end of the day, the president does control the Justice Department," Paradis said.One thing Smith may try prior to Trump taking the oath is to seek to stay both proceedings during the presidency, again on the grounds that sitting presidents cannot be prosecuted while in office, Paradis said.Trump has pleaded not guilty to both federal indictments. In response to a request for comment, Trump campaign spokesman Steven Cheung said, "The Lyin' Kamala Harris - Crooked Joe Biden Witch Hunts against President Trump have imploded just like their failed campaign, and should all be dismissed in light of the Supreme Court's historic decision on immunity and other vital jurisprudence." A DOJ spokesperson did not immediately respond to a request for comment.<div type="image" title="donald trump washington dc court illustation" height="1666" width="2500" msid="114994505" hostid="261" sizebytes="393128"></div><h2 id="51fce551-72ad-4a09-953b-b04f65b65a0b">The federal election interference case</h2>If Trump loses, that does not mean Smith's prosecution of Trump's most serious federal case — charges that he <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-judge-release-additional-evidence-election-interference-case-2024-10">tried to overturn the 2020 election</a> — will barrel forward at full speed.Citizen Trump would continue to challenge the so-called election interference case on grounds of <a target="_blank" class="" href="https://www.businessinsider.com/supreme-court-trump-presidential-immunity-jan-6-criminal-case-2024-4">presidential immunity</a>, experts predict.In July, the US Supreme Court issued a landmark opinion that provides presidents with broad protection from being prosecuted for their official acts. The opinion also bars the use of official-act evidence in any prosecution of a former president, even on charges not relating to official acts.In August, Smith <a target="_blank" class="" href="https://www.businessinsider.com/trump-hit-with-revised-january-6-indictment-jack-smith-2024-8">won a revised indictment</a> that stresses that Trump is being charged for his conduct as a private, office-seeking citizen.<h2 id="8e077f9c-bb2c-47d1-a4d7-8821deb311f9">The federal classified documents case</h2>Trump's classified documents case, alleging that he failed to return government secrets he took from the White House, was <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-mar-a-lago-classified-documents-case-dismissed-judge-2024-7">dismissed in July</a> by Trump-nominated US District Judge <a target="_blank" class="" href="https://www.businessinsider.com/judge-aileen-cannon-just-handed-donald-trump-another-legal-win-2024-5">Aileen Cannon</a>, who said Smith's appointment violated the Constitution.The dismissal, which argues Congress should have approved Smith's appointment, is now being appealed by Smith in the 11th Circuit Court of Appeals. Smith's appeals point to what he calls "the long tradition of special-counsel appointments by Attorneys' General."Whoever loses the appeal can appeal further, keeping Trump busy with the classified documents case for many months.<div type="image" title="Fani Willis" height="683" width="1024" msid="114994496" hostid="261" sizebytes="35968"></div><h2 id="abbc3f6b-4e08-47de-8e59-2820bd0f75a9">The Georgia election interference case</h2>The <a target="_blank" class="" href="https://www.businessinsider.com/georgia-trump-indictment-unsealed-read-full-text-charges-2023-8">election interference case in Georgia</a> against Trump and 18 of his allies <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-georgia-election-interference-fani-willis-appeals-court-2024-5">remains in legal limbo</a>, thanks to defendants' efforts to get the Fulton County district attorney, <a target="_blank" class="" href="https://www.businessinsider.com/fani-willis-stand-legal-experts-split-effectiveness-georgia-trump-2024-2">Fani Willis</a>, disqualified from the state case.In May, a Georgia appeals court agreed to consider Trump's bid to get Willis removed from the case.Attorneys for Trump and his codefendants had previously argued in a motion to disqualify Willis that she had a <a target="_blank" class="" href="https://www.businessinsider.com/fani-willis-removed-from-trumps-georgia-election-interference-case-2024-2">conflict of interest in the case</a> because she improperly benefited from a romantic relationship with <a target="_blank" class="" href="https://www.businessinsider.com/nathan-wade-testifies-fani-willis-fulton-county-district-attorney-2024-2">Nathan Wade</a>, the Atlanta lawyer she hired as a special prosecutor.After an evidentiary hearing earlier this year, a judge ruled that Willis and her office could remain on the case so long as Wade stepped aside, and Wade announced his resignation hours later.Trump has pleaded not guilty to the Georgia indictment.If Trump wins the presidency, he could immediately file papers with the Georgia court "saying you got to put this on hold for the time that I'm president because it's just not consistent with federal supremacy to have a state prosecuting a sitting president," Dorf, a constitutional law expert, said."He doesn't control the prosecutors, so you can't fire them, and he can't pardon himself because these are state crimes, so his only option really in the state cases is suspend them," said Dorf.If Trump loses the election, the case could move forward. Though Trump is likely to move to get it dismissed based on the Supreme Court's presidential immunity ruling.

Trump still has 4 criminal indictments waiting for him — here's what happens if he wins or loses

<ul class="summary-list"><li>Attorneys general in 14 different states filed lawsuits against TikTok last week.</li><li>They say TikTok's algorithm is addictive and harmful to children's mental health.</li></ul>TikTok is facing lawsuits from 14 state attorneys general who say the company's algorithm harms children. Legal experts say the coordinated challenge is designed to take down big companies.Adam Wandt, an attorney and deputy chair for technology at the John Jay School of Criminal Justice, said the barrage of state lawsuits mirrors challenges against Big Tobacco in the 1990s and Purdue Pharma, the maker of Oxycontin, in the 2000s. In both cases, the lawsuits were used to "overwhelm those industries," he said."The other advantage it gives is, if there are defects in one of the suits, the other suits still survive," Wandt said. "It's actually a pretty good strategy."Neama Rahmani, a former federal prosecutor and trial lawyer in California, said that attorneys commonly file multiple lawsuits across several states when they go after "multibillion-dollar" companies because they are more expensive for the companies to defend."Opioid companies, for instance, wouldn't have entered into the settlements that they did had they only dealt with one attorney general or a lawsuit in one state, but when they're looking at multiple lawsuits across the country, and really the continued viability of their company, it's more likely that they'll enter into some settlement," Rahmani said."You might win one or two lawsuits. How are you going to win a dozen?" he added.The Sackler family, owners of Purdue Pharma, ultimately paid over <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/purdue-pharma-oxycontin-sacklers-tentative-settlement-opioid-lawsuits-2019-9">$3 billion in settlements</a> for misleading advertising related to their products. Purdue Pharma later <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/supreme-court-rejects-bankruptcy-plan-protecting-sacklers-2024-6">filed for bankruptcy</a>, but the Supreme Court struck down a $7 billion bankruptcy plan in June that would have given the Sackler's immunity from future civil suits.Big Tech companies like Meta, Google, and TikTok are usually shielded from liability related to the content users post to their sites by Section 230 of the 1996 Communications Decency Act. No matter how harmful the content, tech companies are considered by law the uninvolved host or "intermediary" for the content.Rahmani said that courts examining the 14 new lawsuits against TikTok will focus on whether the company's algorithm is causing harm, not whether it is hosting harmful content."There's a difference between passively allowing people to post, but really what we're talking about is TikTok's algorithm," Rahmani said.On Thursday, NPR reported that over 30 pages of <a target="_blank" class="" href="https://www.businessinsider.com/tiktok-lawsuit-algorithm-children-internal-documents-revealed-2024-10">accidentally unredacted court documents</a> detailed some of the findings of the joint investigation into TikTok. Wandt said those documents showed that TikTok "has very intentionally ignored" federal regulations."I think that the types of legal protections we give to social media companies might not protect them if they are found to be lax with some of the federal laws," Wandt said.Still, the biggest loss for TikTok may come in the court of public opinion, Rahmani said.Congress passed a bill in April that requires TikTok's Chinese parent company, ByteDance, to <a target="_blank" class="" href="https://www.businessinsider.com/tiktok-ban-app-american-us-not-worried-2024-9">find a new owner</a> for the app or face a potential ban in the United States. With the prospect of <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/tiktok-ban-app-american-us-not-worried-2024-9">that federal ban looming</a> next year, a slew of federal lawsuits helps shape public opinion and "pressure lawmakers to act," Rahmani said."There's now this narrative: Tiktok isn't about fun, silly dancing. It's dangerously pushing out harmful material for our children," he said. "So that's very different."In a statement to BI, a spokesperson for TikTok said the company "strongly disagrees with these claims, many of which we believe to be inaccurate and misleading." The spokesperson said the company cooperated with the investigation for two years and that " it is incredibly disappointing they have taken this step rather than work with us on constructive solutions to industry-wide challenges.""We're proud of and remain deeply committed to the work we've done to protect teens and we will continue to update and improve our product," the spokesperson said.

New lawsuits against TikTok mirror those against Big Tobacco and Purdue Pharma

<keyword id="22076991" type="General" weightage="20" keywordseo="zero-FIR" source="keywords">Zero FIR</keyword>, registration of <keyword id="20092859" type="General" weightage="20" keywordseo="police-complaints" source="keywords">police complaints</keyword> online, summons through electronic modes and mandatory videography of crime scenes of all heinous crimes are the key highlights of the three new <keyword id="19911888" type="General" weightage="100" keywordseo="criminal-laws" source="keywords">criminal laws</keyword> that will come into effect from July 1. The <keyword id="19899463" type="General" weightage="20" keywordseo="Bharatiya-Nyaya-Sanhita" source="keywords" meta.keywordsubtype="org" meta.entityname="Bharatiya Nyaya Sanhita" meta.hostid="261" meta.entityid="Bharatiya Nyaya Sanhita">Bharatiya Nyaya Sanhita</keyword> 2023, <keyword id="19922249" type="General" weightage="20" keywordseo="Bharatiya-Nagarik-Suraksha-Sanhita" source="keywords" meta.keywordsubtype="org" meta.entityname="Bharatiya Nagarik Suraksha Sanhita" meta.hostid="261" meta.entityid="Bharatiya Nagarik Suraksha Sanhita">Bharatiya Nagarik Suraksha Sanhita</keyword> 2023 and Bharatiya Sakshya Adhiniyam 2023 mark a significant step towards empowering Indian citizens and aim to create a more accessible, supportive and efficient <keyword id="20453941" type="General" weightage="20" keywordseo="justice-system" source="keywords">justice system</keyword> for everyone, official sources said. The new laws, enacted late last year, are set to replace the <keyword id="22189969" type="General" weightage="20" keywordseo="British-era-Indian-Penal-Code" source="keywords">British-era Indian Penal Code</keyword>, <keyword id="19898813" type="General" weightage="20" keywordseo="Code-of-Criminal-Procedure" source="keywords">Code of Criminal Procedure</keyword> and the Indian Evidence Act respectively. Under the new laws, a person can now report incidents by electronic communication, without the need to physically visit a police station. This allows for easier and quicker reporting, facilitating prompt action by the police, the sources said. With the introduction of zero FIR, a person can file a First Information Report (FIR) at any police station, regardless of jurisdiction. This eliminates delays in initiating legal proceedings and ensures immediate reporting of the offence. Under the new laws, victims will receive a free copy of the FIR, ensuring their participation in the legal process. An interesting addition of the law is that in the event of an arrest, the individual has the right to inform a person of his choice about his or her situation. This will ensure immediate support and assistance to the arrested individual. Besides, arrest details will now be prominently displayed within police stations and district headquarters, allowing families and friends of the arrested person easy access to important information. To strengthen the case and investigations, it has become mandatory for forensic experts to visit crime scenes for serious offences and collect evidence. Additionally, the process of evidence collection at the crime scene will be mandatorily videographed to prevent tampering of evidence. This dual approach significantly enhances the quality and reliability of investigations and contributes to a fair administration of justice, the sources said. The new laws prioritised the investigations for offences against women and children, ensuring timely completion within two months of recording information. Under the new law, victims are entitled to regular updates on the progress of their case within 90 days. This provision keeps the victims informed and involved in the legal process, enhancing transparency and trust. The new laws guarantee free first-aid or medical treatment to victims of crimes against women and children at all hospitals. This provision ensures immediate access to essential medical care, prioritising the well-being and recovery of victims during challenging times. Summons can now be served electronically, expediting the legal processes, reducing paperwork and ensuring efficient communication between all parties involved. For certain offences against women, statements of the victim are to be recorded, as far as practicable, by a woman magistrate and in her absence, by a male magistrate in the presence of a woman to ensure sensitivity and fairness, creating a supportive environment for victims. Both the accused and the victim are entitled to receive copies of the FIR, police report, chargesheet, statements, confessions and other documents within 14 days. Courts grant a maximum of two adjournments to avoid unnecessary delays in case hearings, ensuring timely justice delivery. The new laws mandate all state governments to implement witness protection scheme to ensure the safety and cooperation of witnesses and enhancing the credibility and effectiveness of legal proceedings. The definition of "gender" now includes transgender individuals, promoting inclusivity and equality. By conducting all legal proceedings electronically, the new laws offer convenience to victims, witnesses and accused, thereby streamlining and expediting the entire legal process. In order to provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio video means by the police. Women, persons below 15 years, persons above 60 years and those with disabilities or acute illness are exempt from attending police stations and can receive police assistance at their place of residence. A new chapter has been added in BNS specifically to address offences against women and children, ensuring focused protection and justice. Various offences against women and children have been made gender-neutral in BNS, covering all victims and perpetrators regardless of gender. The new laws introduce community service for minor offences in order to promote personal growth and social responsibility of an individual. Under community service, the offenders get the chance to positively contribute to society, learn from their mistakes and build stronger community bonds. Under the new laws, the fines imposed for certain crimes have been aligned with the severity of the offences, ensuring fair and proportional punishment, deterring future offences and maintaining public trust in the legal system. The legal processes have been simplified to make them easier to understand and follow, ensuring fair and accessible justice. The new laws promise a faster and fair resolution of cases, instilling confidence in the legal system. The legislations were considered and passed by Parliament in its winter session in 2023. Total 37 members of Parliament from Lok Sabha and 40 from Rajya Sabha participated in the debate.

New criminals laws will allow citizens to lodge police complaints online, file FIR from any jurisdiction

<ul class="summary-list"><li>The criminal case against Alec Baldwin over the death of Halyna Hutchins has been dismissed.</li><li>The actor has said he may sue a prosecutor and sheriff over their attempt to prosecute him.</li></ul>The involuntary manslaughter charges against <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/alec-baldwin-reality-show-the-baldwins-hilaria-tlc-rust-shooting-2024-6">Alec Baldwin</a> over the 2021 death of "Rust" cinematographer <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/halyna-hutchins-family-lawsuit-filed-against-alec-baldwin-rust-shooting-2023-2">Halyna Hutchins </a>has been dismissed, but the actor isn't able to put all the legal proceedings behind him just yet.While a New Mexico judge dismissed the case after determining that the state withheld key evidence from Baldwin's defense, the actor still faces civil lawsuits from Hutchins' family.Gloria Allred, an attorney representing Hutchins' parents and sister, said the judge's decision was "in no way, shape, or form an exoneration of him," and vowed "to fight to the end for Halyna Hutchins," <a target="_blank" class="" href="https://variety.com/2024/film/news/alec-baldwin-halyna-hutchins-gloria-allred-lawsuit-1236071092/">Variety</a> reported.Speaking at a press conference on Saturday, Allred said the judge's decision did "not change the fact that Alec Baldwin killed Halyna Hutchins on the set of 'Rust.'""It does not change the fact that he fired a loaded gun while pointing it at a human being," she added.Representatives for Baldwin did not respond to a request for comment from Business Insider.It seems the "30 Rock" star is also considering taking his own legal action, informing a New Mexico state prosecutor and sheriff he may sue them over the withheld evidence in the involuntary manslaughter case.Baldwin's lawyers have sent letters to New Mexico prosecutor Kari Morrissey and Santa Fe County Sheriff Adan Mendoza asking them to preserve documents for future litigation, according to <a target="_blank" class="" href="https://www.reuters.com/legal/alec-baldwin-says-he-may-sue-prosecutor-sheriff-over-rust-trial-2024-07-17/">Reuters</a>.Hutchins was fatally shot on the set of "Rust" in October 2021 after a prop revolver that Baldwin was holding fired during a rehearsal for the Western movie.The film's director, Joel Souza, was also wounded in the incident.<a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/who-is-hannah-guttierez-reed-rust-armorer-alec-baldwin-shooting-2021-10">Armorer Hannah Gutierrez-Reed</a>, who was responsible for the film's prop weapons, was found guilty of involuntary manslaughter in March and was later <a target="_blank" class="editor-rtfLink" href="https://www.courthousenews.com/armorer-in-fatal-rust-shooting-sentenced-to-18-months/">sentenced</a> to 18 months in prison.On Tuesday, Gutierrez-Reed filed a motion to dismiss her conviction after the involuntary manslaughter charges against Baldwin were dropped.Baldwin's lawyers have maintained that the actor <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/alec-baldwin-rust-bullet-santa-fe-sheriff-interview-lawyers-filing-2022-3">wasn't aware that the gun contained a live round</a>.Baldwin also said in 2021 that <a target="_blank" class="editor-rtfLink" href="https://www.businessinsider.com/alec-baldwin-says-he-never-pulled-trigger-fatal-rust-shooting-2021-12">he did not pull the trigger on the gun</a>, but according to <a target="_blank" class="editor-rtfLink" href="https://www.npr.org/2022/08/15/1117577604/alec-baldwin-fbi-report-movie-shooting">an FBI report</a>, it could not have been discharged if the trigger was not pulled.In a statement to NPR in 2022, a lawyer for Baldwin said the FBI's report was "misconstrued" and that the gun was in "poor condition."<div type="image" title="Alec Baldwin hugs his attorney Alex Spiro at the conclusion of his trial for involuntary manslaughter in First Judicial District Court on July 12, 2024 in Santa Fe, New Mexico. The trial for involuntary manslaughter was dismissed by a judge Friday after she ruled that key evidence over a fatal shooting on the set of &quot;Rust&quot; had been withheld from the defense." height="3384" width="5128" msid="111840549" hostid="261" sizebytes="591374"></div>The hidden evidence at the heart of Baldwin's trial related to ammunition that his lawyers said prosecutors did not disclose and put under a different case number, The New York Times reported.While prosecutor Morrissey said the ammunition had "no evidentiary value whatsoever," the judge found that it could have explained how live ammo ended up on the set of the movie."There is no way for the court to right this wrong," Judge Mary Marlowe Sommer said during her ruling, per The Times.

Alec Baldwin, who still faces civil lawsuits over the Halyna Hutchins case, says he may sue prosecutor and sheriff over criminal trial

<ul class="summary-list"><li>Donald Trump's criminal case for holding onto classified documents has been dismissed.</li><li>The judge ruled that the appointment of Jack Smith as special prosecutor was unconstitutional.</li></ul>The federal judge overseeing former President Donald Trump's criminal case over the hoarding of classified documents at Mar-a-Lago has dismissed <a target="_blank" class="" href="https://www.businessinsider.com/read-superseding-indictment-against-trump-mar-a-lago-documents-case-2023-7">the charges</a> against him.US District Judge Aileen Cannon — who was appointed to the bench by Trump while he was president — ruled Monday that the Justice Department's appointment of Jack Smith as special counsel to prosecute the case was unconstitutional.The case was widely perceived to be the most straightforward of Trump's four criminal cases. Smith alleged that Trump took documents containing government secrets when he left the White House in January 2021 and stored many of them at his Mar-a-Lago estate in Palm Beach, Florida, where he lives.Prosecutors said Trump repeatedly stonewalled federal agencies that tried to get the documents back and directed his employees to lie and mislead federal investigators — which ultimately led to a dramatic FBI raid at Mar-a-Lago in 2022.<a target="_blank" class="" href="https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.672.0.pdf">Cannon's 93-page ruling</a> Monday doesn't call any of those events into question. Rather, the Florida judge ruled that the appointment of Smith violated the US Constitution's Appointments Clause.Smith was appointed to the special-counsel role by Attorney General Merrick Garland, who directs Justice Department funds to his office. According to Cannon's decision, however, an office granted such far-reaching powers would need to be explicitly designated by Congress, which would have to fund the office by statute and confirm someone into the role.The solution, Cannon wrote, was to dismiss the indictment against Trump."For more than 18 months, Special Counsel Smith's investigation and prosecution has been financed by substantial funds drawn from the Treasury without statutory authorization, and to try to rewrite history at this point seems near impossible," Cannon wrote.The decision also dismissed the charges against Trump's two codefendants, Waltine Nauta and Carlos de Oliveira, employees who prosecutors said conspired with Trump to obstruct the criminal investigation and keep the documents hidden. A political action committee controlled by Trump had been <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-legal-fees-pac-donor-money-personal-cases-2024-2">paying the law firms representing them</a>.On Truth Social, Trump — recovering from an injury after <a target="_blank" class="" href="https://www.businessinsider.com/ex-secret-service-agents-how-trump-assassin-could-fire-shots-2024-7">he was shot in an assassination attempt Saturday</a> — wrote that all four criminal cases against him should be dismissed, along with <a target="_blank" class="" href="https://www.businessinsider.com/trump-trial-verdict-e-jean-carroll-defamation-damages-2024-1">E. Jean Carroll's</a> sexual-abuse and defamation claims against him."As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts," he wrote.Trump claimed without evidence that the cases were coordinated by the Justice Department and political in nature, even though the Manhattan and Georgia indictments were brought by local prosecutors, and <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-liable-rape-e-jean-carroll-jury-verdict-2023-5">a jury found Trump liable for sexually abusing Carroll and defaming her</a> in a civil trial.<h2 id="08edee34-0b87-431a-baed-d67b95cecc4c">The Supreme Court could take up the case</h2>Cannon's Monday decision will almost certainly be appealed to the 11th Circuit Court of Appeals and, after that, could be taken up by the US Supreme Court.The legality of Justice Department special counsels has been the subject of some debate over the past two decades. The statute that governed the independent-counsel roles in the Iran-Contra affair during Ronald Reagan's presidency and the Whitewater controversy during Bill Clinton's presidency expired in 1999. Since then, the US attorney general has appointed special counsels with less authority while relying on internal Justice Department regulations.Defense lawyers in special-counsel investigations have routinely argued the appointment of special counsels is unconstitutional. Since a special counsel can impanel grand juries and bring indictments in any district in the country, they are effectively an "Officer of the United States," as described by the Constitution's Appointments Clause, a role that needs to be approved and funded by Congress, defense lawyers have argued. This Justice Department has argued that the arrangement is permissible because special counsels are appointed and overseen by the attorney general, who does have those powers.As if to emphasize the point, Smith's spokesperson, Peter Carr, said in a statement Monday afternoon that the Justice Department granted permission for Smith to appeal Cannon's decision."The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel," Carr wrote in the statement. "The Justice Department has authorized the Special Counsel to appeal the court's order."In her ruling, Cannon took a swipe at the executive branch in general, writing that federal agencies should be more prudent in appointing special counsels under their internal regulations."In the end, it seems the Executive's growing comfort in appointing 'regulatory' special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny," she wrote.<div type="image" title="A photo of a smiling Donald Trump with an American flag behind him." height="1667" width="2500" msid="111762049" hostid="261"></div>When the Supreme Court heard arguments on presidential immunity earlier this year, some legal groups and Trump's allies urged the court to consider the legality of special counsels as well.While the Supreme Court ultimately didn't hear arguments on the issue — although it granted <a target="_blank" class="" href="https://www.businessinsider.com/supreme-court-trump-immunity-january-6-election-ruling-decision-2024-5">broad presidential immunity</a> in criminal cases — Justice Clarence Thomas wrote in a concurring opinion that he would find many types of special counsels unconstitutional.None of the other eight justices signed onto Thomas' opinion, which Cannon cited three separate times in her ruling Monday. And lower courts have routinely upheld the legality of special counsels in cases involving Robert Mueller and others.The immunity decision stemmed from a separate case overseen by Smith, in Washington, DC, over Trump's efforts to overturn the 2020 election results. Trump's lawyers will now likely argue about the legality of Smith's appointment in that case, almost certainly causing more delays.A jury in Manhattan <a target="_blank" class="" href="https://www.businessinsider.com/trump-hush-money-trial-verdict-2024-5">found Trump guilty in May</a> of falsifying documents to illegally interfere with the 2016 presidential election. Trump's sentencing in that case has been put on hold as <a target="_blank" class="" href="https://www.businessinsider.com/trump-judge-juan-merchan-manhattan-mental-health-court-wednesday-2024-5">the judge</a> weighs whether the verdict should stand following the Supreme Court's presidential-immunity decision. Trump's lawyers <a target="_blank" class="" href="https://www.businessinsider.com/trump-now-says-scotus-immunity-voids-entire-hush-money-indictment-2024-7">argue that the entire case should be tossed</a> because it was "tainted" with evidence that should not have been included under the Supreme Court ruling.Trump's fourth criminal case, over attempts to overturn the election results in Georgia, is unlikely to be affected by the special-counsel ruling, but it may be further delayed by the Supreme Court's immunity decision. It's <a target="_blank" class="" href="https://www.businessinsider.com/donald-trump-georgia-election-interference-fani-willis-appeals-court-2024-5">stalled</a> as an appeals court weighs how to proceed after the case's top prosecutor had an apparent romantic relationship with a subordinate.<h2 id="a3c20954-ae18-4f00-8095-5acb59879297">Cannon's decisions have often favored Trump</h2>Cannon has handled the documents case slowly, making decisions that have often gone Trump's way. In May, <a target="_blank" class="" href="https://www.businessinsider.com/trump-mar-a-lago-document-case-delayed-indefinitely-2024-5">she delayed the trial indefinitely</a>, writing that she had too many pretrial issues she still needed to decide.Before the indictment was filed, Cannon oversaw a legal dispute over the FBI's execution of the search warrant. She took the unprecedented step of appointing a federal judge in Brooklyn as a special master to sift through all the evidence the FBI collected and decide what could be protected under executive privilege — even though Trump was not president at the time.A three-judge panel at the 11th Circuit Court of Appeals — composed of two Trump appointees and one George W. Bush appointee — reversed the ruling and said they could not possibly understand why Trump would need to hold onto classified documents."For our part, we cannot discern why the Plaintiff would have an individual interest in or need for any of the one hundred documents with classification markings," <a target="_blank" class="" href="https://www.businessinsider.com/federal-panel-feds-resume-review-classified-records-mar-a-lago-2022-9">the panel wrote at the time</a>.Cannon has also entertained motions that would typically be dismissed out of hand by other federal judges. For some motions, she's permitted amicus briefs — arguments from unrelated third parties — which are uncommon in federal criminal cases.In Monday's decision, Cannon wrote that <a target="_blank" class="" href="https://www.businessinsider.com/cannon-suggests-special-counsel-should-have-taken-her-more-seriously-2024-7">Smith's prosecutorial team should have taken her more seriously</a>."Both the Special Counsel and Defendant Trump submitted briefing; amicus briefs were received; and a lengthy hearing occurred," she wrote. "Yet startlingly, the Special Counsel submitted nothing on the topic of the proper remedy for the Appointments Clause issue."Cannon's decision may end up being good news for Hunter Biden, who was convicted of gun-related crimes last month in a case brought by the special counsel David Weiss. His lawyers had signaled <a target="_blank" class="" href="https://www.businessinsider.com/hunter-biden-may-lose-trial-politics-appeals-2024-6">they would file an appeal challenging the legality</a> of appointing a special counsel in the first place.This story has been updated.

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