Will Bode
๐ค SpeakerAppearances Over Time
Podcast Appearances
So very, very unfortunate. Yeah. For years also before the Supreme court finally had electronic filing. If you wanted to see the briefs in a case, you would go to SCOTUS blog, which would have gotten them from various sources and linked to them. Yeah.
So very, very unfortunate. Yeah. For years also before the Supreme court finally had electronic filing. If you wanted to see the briefs in a case, you would go to SCOTUS blog, which would have gotten them from various sources and linked to them. Yeah.
SCOTUSblog had also had some changes at SCOTUSblog lately, hadn't they? Just this term announced they were no longer going to do coverage of every case, which they used to do.
SCOTUSblog had also had some changes at SCOTUSblog lately, hadn't they? Just this term announced they were no longer going to do coverage of every case, which they used to do.
There have been quite a few things, but in the interests of getting onto our main event, let's just flag one order in a pending case that the court issued. It feels like ages ago, but I guess it was just eight days ago. Docket number 24A666, Trump versus New York. This is a fortunate docket number. They just play them as they come up, I think.
There have been quite a few things, but in the interests of getting onto our main event, let's just flag one order in a pending case that the court issued. It feels like ages ago, but I guess it was just eight days ago. Docket number 24A666, Trump versus New York. This is a fortunate docket number. They just play them as they come up, I think.
This was a last minute shadow docket filing by President-elect Donald Trump to try to stop the sentencing in his New York criminal conviction with various arguments about, he has various arguments on appeal about the way in which the case implicates the immunity recognized in Trump v. United States, as well as how it's going to intersect with the related doctrine that an actual sitting president can't be indicted.
This was a last minute shadow docket filing by President-elect Donald Trump to try to stop the sentencing in his New York criminal conviction with various arguments about, he has various arguments on appeal about the way in which the case implicates the immunity recognized in Trump v. United States, as well as how it's going to intersect with the related doctrine that an actual sitting president can't be indicted.
Of course, he's, even as we record this, not yet a sitting president and wasn't.
Of course, he's, even as we record this, not yet a sitting president and wasn't.
There's an OLC opinion saying it. And then there is a now Supreme Court opinion, Trump versus the United States, that states that as well.
There's an OLC opinion saying it. And then there is a now Supreme Court opinion, Trump versus the United States, that states that as well.
In any event, and there are some interesting arguments that the president-elect actually is an official government position. There are laws about the presidential transition, the resources and classified materials.
In any event, and there are some interesting arguments that the president-elect actually is an official government position. There are laws about the presidential transition, the resources and classified materials.
He has a status. He has a federal office in a way. I mean, it's not an office you take an oath to take. Anyway.
He has a status. He has a federal office in a way. I mean, it's not an office you take an oath to take. Anyway.
So he asked the court to stay his sentencing, and the court issued a one-paragraph order, the one on the orders page rather than the opinions related to orders page, that said, "...the application for stay presented just as a Sotomayor, and by her referred to the court, is denied for inter alia the following reasons."
So he asked the court to stay his sentencing, and the court issued a one-paragraph order, the one on the orders page rather than the opinions related to orders page, that said, "...the application for stay presented just as a Sotomayor, and by her referred to the court, is denied for inter alia the following reasons."
First, the alleged evidentiary violations at President-elect Trump's state court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-elect's responsibilities is relatively insubstantial in light of the trial court's stated intent to impose a sentence of, quote, unconditional discharge after a brief virtual hearing.
First, the alleged evidentiary violations at President-elect Trump's state court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-elect's responsibilities is relatively insubstantial in light of the trial court's stated intent to impose a sentence of, quote, unconditional discharge after a brief virtual hearing.