Legal News for Fri 1/10 - Trump Sentencing in Hush Money Case Goes On, House Sanctions ICC, Giuliani Continues to Put Foot in Mouth

Minimum Competence

This Day in Legal History: Standard Oil Rising

On January 10, 1870, John D. Rockefeller and his partners incorporated the Standard Oil Company, marking a pivotal moment in American industrial and legal history. Standard Oil quickly became a dominant force in the oil industry, employing innovative practices such as vertical integration and aggressive pricing to outcompete rivals. By the late 19th century, the company controlled nearly 90% of the U.S. oil refining market, making Rockefeller the nation's first billionaire and one of the wealthiest individuals in history.

However, Standard Oil's dominance also sparked concerns about monopolistic practices and the concentration of economic power. In 1911, following years of legal challenges, the U.S. Supreme Court ruled in Standard Oil Co. of New Jersey v. United States that the company violated the Sherman Antitrust Act of 1890. The Court applied the "rule of reason," determining that the company's practices unreasonably restrained trade and harmed competition. As a result, Standard Oil was ordered to dissolve into 34 separate entities, including Exxon, Mobil, and Chevron, many of which remain influential today.

This landmark decision underscored the federal government's authority to regulate monopolies and enforce antitrust laws, shaping the legal landscape for corporate regulation in the 20th century. The case also highlighted tensions between industrial innovation and market fairness, a debate that continues to resonate in discussions of antitrust law and corporate power.

The U.S. Supreme Court, in a 5-4 decision, cleared the way for Donald Trump’s sentencing in his New York hush money case, rejecting his request to delay proceedings. Trump, now president-elect, argued for immunity from prosecution, claiming the sentencing would distract from his presidential transition and harm his global standing. However, the court stated his claims could be addressed later on appeal and noted the sentencing’s impact would be minimal, as no prison time would be imposed.

The majority included Chief Justice John Roberts, Justice Amy Coney Barrett, and the court’s three liberal justices. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented–which means there is a one-vote majority in the Supreme Court on the issue of Trump not being entirely above the law. Trump emphasized that the decision leaves room for appeals on broader immunity issues. Manhattan District Attorney Alvin Bragg, who prosecuted the case, supported moving forward with sentencing due to its public interest.

Justice Juan Merchan ruled that a president-elect doesn’t qualify for the same immunity as a sitting president but opted for an "unconditional discharge," sparing Trump any real penalties beyond the conviction. Trump remains focused on overturning the verdict, asserting the trial was flawed under new presidential immunity standards set by a prior Supreme Court ruling. The case could ultimately return to the Supreme Court for a final decision.

Supreme Court Allows Trump Sentencing in NY Hush Money Case (2)

Trump to be sentenced in hush money case, days before his inauguration | Reuters

The U.S. House of Representatives voted 243-140 to pass the "Illegitimate Court Counteraction Act," sanctioning the International Criminal Court (ICC) in response to its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The act targets individuals involved in prosecuting U.S. citizens or allies, including Israel, who are not ICC members. It marks strong Republican support for Israel following their takeover of Congress.

The sanctions echo Trump-era measures against the ICC, previously imposed over investigations into U.S. actions in Afghanistan and later lifted under the Biden administration. These new sanctions extend to those aiding ICC operations and could, according to ICC President Judge Tomoko Akane, threaten the court's functionality and existence. The ICC defends its actions, citing sufficient evidence and the need to prevent ongoing crimes in Gaza.

Forty-five Democrats joined Republicans in backing the bill, while no Republicans opposed it. The Senate, now Republican-controlled, is expected to prioritize the measure, allowing President-elect Trump to sign it shortly after his inauguration. The ICC has yet to comment on the vote. The legislation comes amid heightened criticism of the ICC's pursuit of war crime charges against Israeli leaders, accusations Israel denies.

US House votes to sanction International Criminal Court over Israel | Reuters

Rudy Giuliani, former lawyer for President-elect Donald Trump, faces a second contempt hearing in Washington on Friday over claims he violated a court agreement in a defamation case brought by Georgia election workers Ruby Freeman and Wandrea “Shaye” Moss. The case stems from Giuliani’s false allegations that the workers helped rig the 2020 presidential election. The workers accuse Giuliani of breaching an agreement barring him from making further defamatory statements, citing comments on his podcast suggesting ballot tampering.

Earlier this week, Giuliani was held in civil contempt by a federal judge in New York for failing to comply with information requests related to the $148 million judgment Freeman and Moss won against him in 2023. Giuliani is appealing that decision. If found in contempt again, U.S. District Judge Beryl Howell could impose civil fines or jail time.

This adds to Giuliani’s growing legal troubles, including disbarment for spreading false election claims and criminal charges in Georgia and Arizona. Giuliani’s lawyers argue his podcast remarks did not specifically reference Freeman and Moss and were part of his legal defense on appeal. However, the May 2024 agreement prohibits any public comments implying wrongdoing by the election workers.

Giuliani faces second contempt bid over false claims about 2020 election workers | Reuters

This week’s closing theme is by Benjamin Godard.

Benjamin Godard (1849–1895) was a French composer and violinist whose lyrical and melodic style earned him a place among the late Romantic composers of his time. Despite achieving considerable acclaim during his life, Godard's works have since faded into relative obscurity, overshadowed by contemporaries like Saint-Saëns and Fauré. His compositions, however, reflect a deeply expressive and refined musicality, blending the elegance of French Romanticism with a penchant for memorable themes.

One of Godard's notable chamber works is his String Quartet No. 3, Op. 136, a piece that exemplifies his gift for balancing structural clarity with emotional depth. The third movement, "Minuetto molto moderato", is particularly striking. It reinterprets the classical minuet form with a delicately poised, almost dreamlike quality, showcasing Godard’s skill in creating nuanced and intimate musical textures. The lilting rhythm and restrained tempo evoke a sense of grace, while the interplay between the strings lends the movement a sophisticated charm.

This movement serves as a perfect closing theme for the week, offering a reflective and elegant departure from the bustling rhythms of daily life. The gentle, flowing melodies allow listeners to unwind while appreciating the timeless beauty of chamber music. Godard’s Minuetto invites contemplation, serving as both a tribute to his artistic legacy and a serene conclusion to the week.

Without further ado, Benjamin Godard’s String Quartet No. 3, Op. 136.

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