Legal News for Fri 7/12 - Trump's Bid to Overturn Hush Money Verdict, House TikTok-related Hearing Transcript, and Senate Panel Rejects Biden Judicial Nominee

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This Day in Legal History: 16th Amendment Passed

On July 12, 1909, Congress passed the Sixteenth Amendment to the United States Constitution, marking a significant shift in the country's fiscal policy. This amendment granted Congress the authority to levy income taxes without apportioning it among the states or basing it on the United States Census. Prior to this amendment, the federal government primarily relied on tariffs and excise taxes for revenue, which were often seen as regressive and unfair to lower-income citizens.

The push for the Sixteenth Amendment stemmed from the need for a more stable and equitable source of federal revenue. Advocates argued that an income tax would be a fairer method of taxation, ensuring that wealthier individuals contributed a larger share to the government's coffers. After its passage by Congress, the amendment was sent to the states for ratification.

By February 3, 1913, the necessary three-fourths of the states had ratified the amendment, officially making it part of the Constitution. The ratification of the Sixteenth Amendment allowed for the creation of a progressive income tax system, which has since become a cornerstone of the federal government's revenue structure. This change enabled the federal government to fund essential services and public goods, shaping the modern American fiscal landscape.

Donald Trump's lawyers argued that the conviction in his hush money trial should be overturned, citing improper use of evidence related to his presidential duties. The defense referred to a recent Supreme Court ruling on presidential immunity, asserting that Trump's official acts, including conversations with Hope Hicks and certain tweets, were wrongly presented to the jury. They claimed this constituted a constitutional error that invalidated the May 30 guilty verdict.

Judge Juan Merchan delayed Trump's sentencing by two months to consider these arguments, while Manhattan prosecutors have until July 24 to respond. They previously dismissed Trump's claims as baseless but agreed to postpone sentencing. Legal experts suggest that overturning the conviction is unlikely, as much of the evidence pertains to Trump's actions before his presidency.

The Supreme Court ruling cited by Trump's lawyers originated from another case involving his attempts to overturn the 2020 election results. This decision could also delay his trial on charges of mishandling classified documents. Trump, who denies the allegations, pled not guilty to all charges and plans to appeal the hush money case verdict. The next decision on his arguments is expected by September 6, with potential sentencing set for September 18.

Trump Asks to Toss Hush Money Verdict Over Immunity Ruling (2)

Trump lawyers invoke immunity ruling in bid to toss hush money verdict | Reuters

On July 11, 2024, a U.S. House committee voted to release a transcript from a March hearing on TikTok's potential threats to aid the Justice Department in defending a new law. This law, signed by President Biden in April, requires TikTok's Chinese owner, ByteDance, to divest its U.S. assets by January 19, 2025, or face a potential ban. TikTok, ByteDance, and a group of TikTok creators have filed lawsuits against the law.

The Justice Department requested the transcript to strengthen its litigation position. Representative Cathy McMorris Rodgers stated that the intelligence community highlighted the dangers of foreign-controlled apps during the March hearing. Lawmakers do not plan to make the transcript public.

Rodgers emphasized that China's refusal to relinquish control over such apps indicates malicious intent towards American users. TikTok argued that the legislation process was secretive and rushed. A U.S. court will hear oral arguments on the legal challenges on September 16, with the Justice Department responding by July 26.

A previous attempt to ban TikTok by President Trump in 2020 was blocked by the courts. The March hearing revealed that TikTok's massive data collection and Chinese ownership pose significant national security risks, potentially allowing the Chinese government to access and control U.S. user data.

TikTok crackdown law: US House seeks to boost DOJ defense | Reuters

The U.S. Senate Judiciary Committee narrowly rejected President Joe Biden's judicial nominee, U.S. Magistrate Judge Sarah Netburn, for a district court judge position. The vote was 10-11, with Senator Jon Ossoff breaking ranks with his fellow Democrats to join Republicans in opposition. This marks the first rejection of a Biden judicial nominee by the panel during his presidency. The controversy centered on Netburn's 2022 decision recommending the transfer of a transgender inmate convicted of child sex abuse to a women's prison, which Republicans argued compromised prison safety.

Despite Netburn's rejection, the committee approved eight other nominees, including Embry Kidd for the 11th U.S. Circuit Court of Appeals. Netburn and the White House did not comment on the decision, while Ossoff's spokesperson stated that the senator applied "rigorous and independent judgment."

The debate highlighted concerns over Netburn's application of the Eighth Amendment in her ruling, which was later upheld by a district judge. Senator Dick Durbin defended Netburn, asserting that her decision adhered to the law and facts of the case.

In a first, US Senate panel rejects Biden judicial nominee in New York | Reuters

This week’s closing theme is by Gustav Mahler.

Gustav Mahler, born on July 7, 1860, in Bohemia (now the Czech Republic), was an Austrian composer and conductor renowned for his symphonies and lieder. His works bridge the late-Romantic and early-modern eras of classical music, blending profound emotional depth with intricate orchestration. As a conductor, Mahler was celebrated for his interpretations of Wagner, Beethoven, and Mozart, serving in prestigious posts such as the Vienna Court Opera and the New York Philharmonic.

Mahler's Symphony No. 5 in C-sharp minor, composed between 1901 and 1902, stands as one of his most celebrated works. The symphony is structured in five movements, each exploring a vast range of emotions and musical ideas. The first movement, "Trauermarsch" (Funeral March), opens the symphony with a solemn and powerful tone. This movement reflects Mahler's ability to convey profound sorrow and grandeur through his music.

The "Trauermarsch" begins with a solo trumpet call, followed by a procession-like theme in the strings, evoking a sense of grief and mourning. This movement's intricate orchestration and dramatic contrasts showcase Mahler's skill in creating deeply moving and evocative music.

Without further ado, this is "Symphony No. 5 in C-sharp minor – I. Trauermarsch."

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