Next Witness...Please

As we approach the inauguration of President Donald Trump, his only remaining active criminal cases are approaching conclusion. Trump is scheduled to be sentenced on January 10 in a New York courtroom by Judge Juan Merchan for the 34 felonies for which a jury found Trump guilty. Judge Merchan has indicated there would be no jail time and no official probation and that the cases would be “unconditionally discharged” – meaning no punishment. However, leading up to the scheduled sentencing, there have been numerous motions filed by Trump’s defense team to dismiss the cases altogether Recently, Judge Merchan has found that the U.S. Supreme Court’s presidential immunity decision does not apply to these cases and even if it did, the other evidence presented by the prosecution was overwhelmingly in favor of guilt. Merchan also stated that the defense waived their right to object to the verdicts based upon immunity. Other motions are pending and are expected to be denied. On this episode of Next Witness…Please, our hosts breakdown Judge Merchan’s decisions and explain them in understandable terms. They discuss the concept of “waiver” and “harmless error.” Since the recording of this podcast, Trump’s defense team has asked the trial court to dismiss the case saying that presidential immunity applies to a president-elect. Judge Merchan has denied that motion as has the appellate court in New York. Trump has asked the U.S. Supreme Court to intervene on his behalf and stay the sentencing. A ruling is expected before Jan. 10.

Issues affecting transgendered people are hot legal topics in our highest courts and in our state legislatures across the country. The U. S. Supreme Court recently heard oral arguments on a Tennessee law that bans gender affirming care for minors. Half of our states have similar bans. The law prevents minors who claim their genders don’t align with their sex at birth from having access to puberty blockers and other medications needed to transition to the opposite sex. Court observers say that, at oral argument, it was clear that at least five of the six conservatives on the court support the ban. Justices Clarence Thomas, Samuel Alito, Bret Kavanaugh and Amy Coney Barrett along with Chief Justice John Roberts were clearly in support. Justice Neil Gorsuch, who wrote the last court opinion supporting transgender employment right, was silent during the argument. The Courts decision is expected to be issued before the end of June 2025. Meanwhile, states are quite active in limiting transgender rights. Over 530 anti-LGBTQ+ bills have been introduced in State legislatures since the start of 2023. Ohio, for example, just passed a new bathroom bill requiring K-12 public and private schools and all Ohio universities to prohibit non-gendered bathrooms and ban transgender students from using a bathroom that aligns with their sexual identity. Instead, students must use a restroom that coincides with their birth gender. Ohio also is considering a “Don’t Say Gay” bill under the guise of calling it a Parents’ Bill of Rights. It says parents must be notified of and could pull their children from “sexuality” content in classroom settings. The bill also contains a provision mandating that school counselors notify parents of a child’s discussion of sexuality. In short, a student can be outed to his/her parents by a school counselor.

The blanket pardon of Hunter Biden by his father President Joseph Biden has sparked widespread controversy and there will be more pardons to come before President Biden leaves office in January. The broad pardoning of his son Hunter Biden for all “offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014, through December 1, 2024” has been criticized by Republicans, Democrats and the judiciary. Many argue that the pardon was too sweeping while supporters claim that the broad language was necessary to keep incoming President Donald Trump from bringing additional charges against Hunter Biden. U.S. District Judge Mark Scarsi, the judge in Hunter Biden’s current criminal case, says that the pardon stands “in tension” with the case record and the president’s action “rewrites history.” Judge Scarsi, however, will dismiss the case because presidential pardons are sanctioned by the U. S. Constitution and have been used by president’s since our country’s founding. In this episode of Next Witness…Please, retired judges Thomas Hodson and Gayle William-Byers unpack the controversy over the Hunter Biden pardon, compare this to past presidential pardons and look ahead at pardons yet to come. They also discuss the possibility of President Biden preemptively pardoning former head of the Joint Chiefs of Staff General Mark Milley, former Congresswoman Liz Cheney, Senator-elect from California Adam Schiff, and former head of the National Institute of Allergy and Infectious Diseases Dr. Anthony Fauci. Our judges break down the legal terms: pardons, commutations, parole and preemptive pardons. Also, they explain the differences between “presidential pardons” and “gubernatorial pardons.”

Rapper Young Thug pleaded guilty in Atlanta, in October, to gang, drug, and gun charges a year after his racketeering trial had begun. He pleaded guilty to one gang charge, three drug charges, and two gun charges. He also pleaded no contest to another gang charge and racketeering conspiracy. His story is one of a long a protracted legal proceeding with twists and turns that are material for a novel. He had three different judges. One judge was removed during the trial. There were secret meetings between the judge and a witness. The prosecution’s investigator was accused of sexually harassing a witness. The defense attorney was found in contempt of court and a witness was arrested and held in jail as a “material witness.” Also, the prosecution was using Young Thug’s rap lyrics as evidence against him which brought about First Amendment issues and concerns about artistic expression. Jury selection started in January 2023 and took 10 months to complete. Opening statements began in November 2023 and the trial was in its eleventh month at the time of Young Thug’s plea. Finally, Fulton County Superior Court Judge Paige Reese Whitaker sentenced Young Thug to 40 years in prison but the first five were commuted because he had already served 567 days in jail. She then gave him 15 years of probation which includes a condition that he stay away from the Atlanta Metro area. There are numerous other conditions. If he successfully completes his probation, another 20 years will be commuted from his sentence. If he fails, he goes to prison for 20 years. Next Witness…Please starts a series of episodes about this case by carefully examining Young Thug’s sentence. Other episodes will focus on other various aspects of his trial.