Trump suffers twin setbacks, judge who rescinded retirement changes his mind again, NYC defends AI chatbot that advised to break law, and more ??
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?? Good morning from The Legal File! Here is the rundown of today's top legal stories:
?? Trump suffers twin setbacks as judges reject calls to dismiss charges
Donald Trump?suffered a pair of legal setbacks on Thursday as judges spurned his calls to dismiss criminal charges over the former U.S. president's efforts to overturn his 2020 loss in Georgia and his keeping classified records after leaving office.
Florida-based U.S. District Judge Aileen Cannon rejected Trump's argument that the case accusing him of illegally retaining classified documents?at his Mar-a-Lago estate after leaving office in 2021 should be thrown out on the basis of his argument that they were his personal records rather than government property.
Prosecutors in the case brought by Special Counsel Jack Smith have said the documents relate to U.S. military and intelligence matters, including details about the American nuclear program, and could not be construed as personal.
In an earlier setback on the same day, Fulton County Superior Court Judge Scott McAfee?in Georgia rejected Trump's bid?to dismiss criminal charges in the state's 2020 election interference case against him, which Trump argued violate his free speech rights.
McAfee found that the indictment alleges statements by Trump and 14 others charged in the case were made "in furtherance of criminal activity" and are not protected by the First Amendment to the U.S. Constitution.
These cases represent just some of the?legal entanglements facing Trump, who has been criminally charged in four cases,?with the first-ever trial of a sitting or former U.S. president due to get underway in New York on April 15.
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?? N.Y. federal judge who rescinded semi-retirement changes his mind, again
U.S. District Judge David Hurd?of the?Northern District of New York said in a?letter made public on Thursday that he intended to take senior status upon the confirmation of a successor, opening a vacancy?on the court for the Biden administration.
Hurd’s prior decision in 2022 to rescind his plans to step down from active service had scuttled the ability of one of President Joe Biden's judicial nominees to be confirmed.
The news about Hurd coincided with an announcement by the judiciary that it had no plans to close his courthouse in Utica, where he was the sole district court judge. The continued presence of a judge in Utica was central to Hurd's earlier 2022 decision to rescind taking senior status.
Senior status is a form of semi-retirement for judges over the age of 65 who have completed at least 15 years on the federal bench. Presidents may name new full-time judges to fill those judges' seats.
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?? NLRB defends 'zealous advocacy' of SpaceX case transfer
The National Labor Relations Board is defending its lawyers' actions after a federal appeals court suggested they had urged a California federal judge to "ignore" its order to have SpaceX's lawsuit challenging the labor board's structure transferred back to the Texas court it was filed in.
The NLRB told the New Orleans-based 5th U.S. Circuit Court of Appeals that it disagreed with its conclusion that it retained jurisdiction over the case once it was sent to Los Angeles and that "zealous advocacy" required the agency to encourage a judge there to decline to send it back.
"Thus, the NLRB urged that court, not to ignore this Court’s order, but to acknowledge it and respectfully decline transfer," the NLRB said in a brief.
The transfer in question was ordered on Feb. 15 by U.S. District Judge Rolando Olvera, who concluded "the most substantial part of the events" giving rise to the lawsuit against SpaceX happened in California, not Texas.
The 5th Circuit panel stayed the transfer order on Feb. 19 to allow SpaceX to pursue an appeal.
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?? New York City defends AI chatbot that advised entrepreneurs to break laws
New York City Mayor Eric Adams is defending the city's new artificial intelligence chatbot that has been caught in recent days giving business owners wrong answers or advice that, if followed, would entail breaking the law.
The MyCity chatbot, launched as a pilot in October, wrongly advised that employers could take a cut of their workers' tips. The chatbot also said store owners were free to go cashless, despite a 2020 law banning stores from refusing to accept cash.
"It's wrong in some areas, and we've got to fix it," Adams told reporters, emphasizing that it was a pilot program. The city has updated disclaimers on the chatbot website, noting that "its responses may sometimes be inaccurate or incomplete" and telling businesses to "not use its responses as legal or professional advice."
"Any time you use technology, you need to put it into the real environment to iron out the kinks." Adams told reporters.
?? That's all for today, thank you for reading?The Legal File, and have a great weekend!
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