Welcome back to Trump Watch, where there ain't no party like a staking-out-a-courthouse-and-finding-out-zilch party. Listen, we know you're about to cut out for the weekend. But the past few days have been so wild, we thought we'd do a quick recap of the week, which began with Michael Cohen returning to a courtroom in Manhattan, and of course ended with reporters being banished from a courtroom in Washington, D.C.

 

The Scene at the D.C. Circuit

 

What went down on the fifth floor of the E. Barrett Prettyman courthouse Friday morning? I, and many other reporters, spent a few hours in the building—and it's still a mystery.

What we know is that a three-judge panel for the U.S. Court of Appeals for the D.C. Circuit heard arguments in a case arising out of a grand jury subpoena fight. What has captured many people's attention is that the case is suspected, though not known, to be tied to special counsel Robert Mueller III's investigation, with most details—particularly the identity of the person challenging the subpoena—kept firmly under wraps.

At the start of the morning, about a dozen reporters crowded outside the hearing room while the panel considering Friday's case heard arguments in two separate matters. After an hour of arguments, court officers announced a recess and directed everyone—save for a few law clerks—out of the room. It underscored just how keen the D.C. Circuit is on avoiding revealing any details about the grand jury subpoena case.

Not only did they clear out the room, but they closed down the entire fifth floor where the proceedings were held. Reporters milled about hallways and staked out exits, a U.S. marshal in an emptied-out hall redirected people to other floors, lawyers moved furtively in and out of the courthouse, and the mystery remained largely intact.

 

Trump Docket

 

Unspooling details about their deals with Michael Cohen and tabloid publisher American Media Inc., federal prosecutors did something pretty remarkable this week: they drew the most direct implication yet of Trump committing a criminal act.

What's next: The developments this week are once again raising questions about whether a sitting president can be indicted, and what can be done if not. Scholars, of course, have long said that even if indicting a sitting president is not viable, the Constitution provides the cure in impeachment.

Trump's defense, previewed. Trump's string of tweets Thursday morning were clearly aimed at undoing some of this week's damage—but the three-part thread might have also been a teaser for his legal defense in case he faces a post-presidential indictment. Harvard Law professor Noah Feldman said it better than I would, in his weekly Bloomberg column: the tweets “lay out a three-part defense strategy aimed at fending off a future possible prosecution of the ex-president for campaign finance violations…” More here.

A list of Trump's legal woes. With a story from the Wall Street Journal on Thursday reporting that Trump's inauguration spending is also being investigated by federal prosecutors in New York, here's a look at some of the lanes of Trump legal exposure (with a hat tip to CNN's Manu Raju): obstruction of justice, possible Trump campaign coordination with Russia in 2016, the hush money scheme, and the Trump inaugural committee money…

A dispatch from New York: My colleague Colby Hamilton at the New York Law Journal was in the courtroom for Cohen's sentencing. Here's what he saw:

Among the statements denouncing his actions at the behest of President Donald Trump over the years, one line Michael Cohen said to U.S. District Judge William Pauley III of the Southern District of New York that stood out: “I am committed to proving my integrity, and am committed to history not remembering me as a villain in his story,” Cohen said.

The “his story” being, of course, President Donald Trump's. This was the person who, “time and time again” Cohen said he felt it was his duty “to cover up [Trump's] dirty deeds.” The departure of “a loyal soldier,” Cohen noted, comes with “a heavy price.” Trump has spent weeks lashing out at him, and calling for harsh punishment. Cohen said that there was little worse that could be done than the damage already done to his family—a family that openly wept behind him during his emotional remarks. And openly wept more a few minutes later when he was sentenced to three years by Pauley.

 

>> The Trump administration, again, knocked at the Supreme Court's door this week, when the government brought an emergency appeal before the justices to allow it to enforce its new asylum policy. On Thursday, Solicitor General Noel Francisco also asked the high court to lets its transgender military ban go into effect. The week's developments are just the latest in a string of unusual emergency requests the Trump administration has brought before SCOTUS but they also sparked a pretty strong response from Gupta Wessler lawyer and former SCOTUS clerk Joshua Matz, who tweeted, in part: “[T]he SG has engulfed his office in a 'boy who cried wolf' dilemma of his own creation. Unlike prior SGs, his claims of urgency will be taken with a huge grain of salt. That's the price of refusing to exercise judgment before rushing to #SCOTUS in every big case.”

>> Over to the Mueller probe, Manafort mulls his next steps. Lawyers for former Trump campaign chairman Paul Manafort signalled in court Tuesday that they might not challenge special counsel Robert Mueller's claims that Manafort repeatedly lied to federal authorities. Richard Westling, a lawyer for Manafort, said attorneys are speaking with Mueller's office about the allegations—and what impact they might have on Manafort's sentencing—suggesting their goal might be to head off a court hearing on the accusations. We'll learn more by Jan. 7, the next court filing deadline for Manafort.

>> Meanwhile, Mike Flynn awaits his fate. Attorneys for Michael Flynn are seeking a non-prison sentence for the ex-Trump national security adviser, who pleaded guilty last December to lying to federal investigators during the early part of the Russia investigation. In a memo to a Washington, D.C., federal judge, Covington & Burling lawyers Rob Kelner and Stephen Anthony touted their client's military service and his extensive cooperation with the U.S., echoing special counsel prosecutors who last week also recommended no jail time. U.S. District Judge Emmet Sullivan will sentence Flynn on Tuesday morning.

 

Gavel Tracker

 

Jonathan Kobes, a lawyer for Sen. Mike Rounds, R-South Dakota, was confirmed to an Eighth Circuit seat this week, thanks to a historic tie-breaker. Vice President Mike Pence broke a Senate tie Tuesday afternoon to confirm Kobes, 51-50, the first time a judicial nominee has joined the bench with a vice presidential tie-breaker.

Kobes is the fourth Trump appointee to join the eleven-seat court. As we've previously reported, he's the second Trump pick for the court to have previously received a “not qualified” rating by the American Bar Association's nominations review panel. More on Kobes here, and an updated Gavel Tracker below.

 

How we get our numbers: For Article III pending nominations, we counted all of Trump's formally submitted nominees for Article III courts, including the U.S. Court of International Trade. Our court-by-court breakdown, however, only includes Supreme Court, circuit, and district court picks. Additionally: Our figure for pending nominations includes nominations for future vacancies, as well as existing vacancies.