Former President Donald Trump’s legal team is taking their “bad faith” racketeering (RICO) civil lawsuit against Hillary Clinton to the next level by appealing to a federal appellate court. This move comes after a federal judge, for the second time, refused to recuse himself from overseeing the case.
The notice of appeal, filed on Wednesday, reveals that Trump’s legal team, consisting of Alina Habba, Michael T. Madaio, Peter Ticktin, and Jamie A. Sasson, is adding two recent decisions by U.S. District Judge Donald Middlebrooks to their list of issues they plan to appeal.
Already in the process of appealing the case’s dismissal and a $1 million sanctions award in the U.S. Court of Appeals for the 11th Circuit, Trump’s legal team is now challenging Middlebrooks’ second refusal to step aside from the case and the judge’s rejection of the Trump team’s motion for an indicative ruling.
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The Second Refusal:
On September 15, Judge Middlebrooks, who was appointed by former President Bill Clinton and maintains no prior association with the Clintons, explained that Trump had taken the case to the 11th Circuit back in February, essentially relinquishing the district court’s control over aspects of the case related to the appeal.
However, the judge pointed out that Trump did not request a stay of appeal concerning the motion to disqualify, and more than two weeks had passed since Trump filed the motion without seeking a stay in the Eleventh Circuit. Even if jurisdiction were established, Judge Middlebrooks asserted that he would have still denied the request for recusal, deeming the case frivolous and harmful to the rule of law.
The Motion for an Indicative Ruling:
Trump’s legal team had previously filed a motion in July for an indicative ruling, arguing that the release of the Durham Report significantly altered the legal landscape of the case. They claimed the report corroborated facts and allegations and should be enough to move the case past the motion to dismiss threshold and negate any sanctions.
However, Judge Middlebrooks, on the same day he denied the renewed disqualification request, stated that the supposed “newly discovered evidence” cited by Trump’s team did not change the fact that the initial RICO lawsuit was filed in “bad faith” as a means of “revenge” related to the Russia investigation. He imposed significant sanctions on Trump’s legal team for their actions.
The judge also criticized Trump’s lawyers for misrepresenting and selectively quoting public reports and filings to support a false narrative.
What Happens Next:
Following Middlebrooks’ denials, Trump’s attorneys informed the 11th Circuit that they intend to appeal both denials along with the dismissal and sanctions appeals already in progress. Their forthcoming appeal may focus on arguing that the Durham Report justifies reviving the RICO lawsuit, making sanctions and case dismissal unjust, and reaffirming allegations of bias and the need for disqualification.
The legal battle between Trump and Clinton continues to evolve, with both sides taking their arguments to higher courts.
