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☆ Opinion | Jan. 6 Rioters Should Not Catch a Break From the Supreme Court
▼ + stars: | 2024-04-23 | by ( Randall D. Eliason | ) www.nytimes.com time to read: +2 min

Imagine that during a Supreme Court argument, protesters angry about the case storm the court building. Has the court proceeding been obstructed or impeded? Prosecutors charge that by participating in the Capitol riot, Mr. Fischer corruptly obstructed and impeded the joint congressional proceeding to certify the election, in violation of 1512(c)(2). More than 300 other Jan. 6 rioters have faced the same charge. Because Mr. Fischer wasn’t charged with impairing the availability or integrity of any physical evidence, Judge Nichols dismissed the charge.

Persons: Fischer, Donald Trump, Joseph Fischer, Fischer corruptly, Mr, Trump, Carl Nichols, Fischer wasn’t, Judge Nichols Organizations: Capitol, Prosecutors Locations: United States, Washington

☆ January 6 rioters want the Supreme Court to let them off the hook from obstruction charge
▼ + stars: | 2024-04-16 | by ( John Fritze | Hannah Rabinowitz | ) edition.cnn.com time to read: +10 min

Now, the Supreme Court will consider whether the prosecutors’ interpretation of the law can be used against the rioters and whether the convictions already secured will stick. The charge at issue in the Supreme Court case stems from a law Congress enacted in response to a series of corporate accounting scandals, including the 2001 Enron debacle. The case before the Supreme Court involves only that last charge. All three defendants appealed to the Supreme Court, but the justices granted only Fischer’s case. In a filing last week at the Supreme Court in Trump’s immunity case, Smith argued the obstruction charge should stick against Trump even if Fischer wins.

Persons: Donald Trump, Jack Smith, Trump, ”, Claire Finkelstein, ” Trump, Fischer, Stormy Daniels, “, Joe Biden’s, Critics, Joseph Fischer, texted, ” Fischer, Nicholas Smith, Smith, Randall Eliason, Clarence Thomas, Ginni Thomas, Thomas, Ruth Bader Ginsburg, Samuel Alito, Eliason, Antonin Scalia, ” Eliason Organizations: CNN, Capitol, ” Prosecutors, Trump, Justice Department, University of Pennsylvania Carey Law School, Enron, Prosecutors, Appeals, DC Circuit, George Washington University, White Locations: Pennsylvania, New York, ”, Colorado

☆ Why isn’t the Supreme Court moving faster on Trump’s immunity challenge?
▼ + stars: | 2024-02-24 | by ( John Fritze | ) edition.cnn.com time to read: +8 min

CNN —When special counsel Jack Smith asked the Supreme Court to reject former President Donald Trump’s immunity claims there was an unmistakable hue of urgency to the request. It could grant Trump’s request and then hold arguments and decide the merits of the immunity issue – perhaps on an expedited basis. The Supreme Court can move quickly, at least by judicial branch standards. George Walker IV/APThe Supreme Court denied that request, allowing the appeals court to review the case first. US Supreme Court Justice Sonia Sotomayor participates in a conversation with University of California Berkeley Law Dean Erwin Chemerinsky on Monday, January 29.

Persons: Jack Smith, Donald Trump’s, Smith, Trump, ”, Steve Vladeck, Tanya Chutkan, Chutkan, ” Smith, Donald Trump, George Walker IV, Randall Eliason, “, ” Eliason, Sonia Sotomayor, Amy Coney Barrett, we’re, ” Barrett, ” Sotomayor, Barack Obama, don’t, Trump’s, Vladeck, Biden, University of California Berkeley Law Dean Erwin Chemerinsky Organizations: CNN, University of Texas School of Law, DC, Appeals, National Religious Broadcasters, Gaylord, Supreme, DC Circuit, George Washington University, National Governors Association, Trump, Democratic, Boy Scouts of America, Boy Scouts, Boy Scouts of, Department of Homeland Security, University of California Berkeley Law, Capitol Locations: Mexico, Boy Scouts of America, Texas

☆ Opinion | Why Judges in the Trump Jan. 6 Trial Need a Rocket Docket
▼ + stars: | 2023-11-28 | by ( Randall D. Eliason | ) www.nytimes.com time to read: +1 min

It’s possible that his criminal liability for the events leading up to the Jan. 6 riot at the Capitol will remain unresolved. And whether it happens will be decided by a relative handful of federal jurists — including a number appointed by Mr. Trump himself. Of the four criminal cases pending against Mr. Trump, the federal election interference prosecution in Washington currently has the best chance of going to trial before the 2024 presidential vote. The trial date is set for March 4. But legal developments that are out of her hands now threaten to derail that schedule: Expected pretrial appeals could push the trial date past the November election.

Persons: Donald Trump, it’s, Richard Nixon, Trump, Tanya Chutkan Organizations: Republican, Capitol, Mr, Federal Locations: Washington

That happened Sunday when Trump posted on social media, in capital letters, that Powell “was not my attorney, and never was." Smith's indictment notes Trump privately told others that he thought her election fraud ideas sounded “crazy." Campaigning in New Hampshire on Monday, Trump appeared to refer to Powell and Cheesbro as “good people” and said prosecutors worked to “hound” and “scare” them. Steve Sadow, Trump's lead attorney in the Georgia case, expressed confidence that Powell’s plea wouldn’t hurt Trump, saying last week that any truthful testimony offered would be "favorable to my overall defense strategy." The Georgia indictment accuses Powell in a plot to illegally access a county's voting equipment.

Persons: — Sidney Powell, Donald Trump, Kenneth Chesebro, Trump, Joe Biden, —, “ It's, it’s, John Fishwick, Powell, “ She's, — Powell, Chesebro, That's, Fani Willis, winnow, ”, Anthony Michael Kreis, Jack Smith, Smith, “, Jessica Roth, “ They're, Jack Smith's, Powell “, Rudy Giuliani, Jenna Ellis, ” Kreis, she'd, Giuliani, Ellis, Hugo Chavez, Biden, Kreis, Cheesbro, Steve Sadow, Trump's, he's, John Eastman, Randall Eliason, you've, ___ Tucker, Jill Colvin Organizations: ATLANTA, White, Trump, Western, of, Georgia State University, Cardozo School of Law, Twitter, Fulton County, Biden, Georgia Republicans, George Washington University, Associated Press Locations: Fulton County , Georgia, U.S, of Virginia, Fulton County, Georgia, Germany, New Hampshire, Washington, Derry , New Hampshire

The bulk of the Trump PAC money went to law firms that have defended Trump against a series of criminal charges or in civil lawsuits. “Well, if the little fish’s lawyer is being paid by the big fish that’s less likely to happen potentially.”The Trump campaign did not respond to a request for comment. That money is earmarked for political and campaign activities, not for legal expenses, according to the campaign. To help pay the legal fees, Trump’s political operation has also moved millions from his super PAC, MAGA Inc. Those concerns are amplified in court records filed by Smith’s team in the Mar-a-Lago case.

Persons: — Donald Trump’s, Trump, ”, Randall Eliason, he’s, Letitia James ’, James, schemed, “, it’s, Anthony Michael Kreis, Donald Trump, Robert Lee, wasn’t Trump, Lee, Alina Habba, Christopher Kise, James ’, Habba Madaio, Habba, Jean Carroll, Mary Trump, Kise, Foley, Lardner, Chris Kise, Ron DeSantis, Sen, Rick Scott, Coleman, Ciara Torres, Jack Smith, ” Torres, Spelliscy, Joe Biden, Saurav Ghosh, don’t, ” Ghosh, Donald J, Smith, Carlos De Oliveira, De Oliveira, He’s, Walt Nauta, John Irving of, Brand, Stanley Woodward, Woodward, Mark Meadows, Dawn Smelcer, ” he’s, Eric Tucker, Jill Colvin Organizations: WASHINGTON, Commission, Associated, Save, Republican National Committee, Democratic National Committee, National Republican Senatorial, Trump PAC, Trump, White, George Washington University Law School, MAGA Inc, Georgia State University, Associates, Save America, New York Times, PAC, Republican, Florida Gov, Continental, Stetson University College of Law, Justice Department, Justice, Republicans, Democrats, GOP, Democratic, Legal, Smith’s, FBI, John Irving of Earth & Water Law, Brand Woodward Law, Prosecutors, AP, Associated Press Locations: New York, Georgia, Fulton, Lago, Florida, Boca Raton , Florida, Washington ,, Bedminster , New Jersey, York, West Palm Beach , Florida, Save America, Fayetteville , North Carolina, Washington

WASHINGTON (AP) — Hundreds of rioters have been charged, convicted and sentenced for joining the mob attack on the U.S. Capitol. There is no public record of a conviction or a sentence in Lazar's court docket. Lazar was sentenced in Washington’s federal court on March 17 to 30 months in prison, according to the Bureau of Prisons, but there’s no public record of such a hearing. Questions about Lazar’s case have been swirling for months, but the details of his conviction and sentence have not been previously reported. The judge overseeing Lazar’s case in May rejected a request from media outlets — including the AP — to release any sealed records that may exist.

Persons: Samuel Lazar's, —, Lazar, Donald Trump, Fort Dix —, George Papadopoulos, Trump, Robert Mueller, Papadopoulos, George Washington, Randall Eliason, Eliason, Defendants, ” Eliason, “ Let’s, “, Robin Meriweather, ”, Amy Berman Jackson, he’s, Judge Jackson, ” Jackson, ” ___ Richer, Eric Tucker Organizations: WASHINGTON, U.S . Capitol, Capitol, of Prisons, Associated Press, Department, AP, Justice Department, Fort Dix, Bureau of Prisons, FBI, George, George Washington University, ” U.S, NBC, Lancaster Locations: Ephrata , Pennsylvania, New Jersey, Russia, Washington, ”, Washington ,, U.S, Boston

☆ Why Jack Smith’s Jan. 6 Trump Indictment Is So Smart - The New York Times
▼ + stars: | 2023-08-02 | by ( Randall D. Eliason | ) www.nytimes.com time to read: +2 min

But when it comes to Mr. Trump and the senior people around him, this obstruction charge is much broader than the assault on the Capitol. And aiding and abetting is part of the theory of the obstruction charge in Count 3. It’s a belt-and-suspenders approach: If a legal issue arises that weakens or eliminates one charge, the others remain, and the case can continue. One charge that was not included in the indictment falls under 18 U.S.C. This charge was part of the referral from the Jan. 6 committee.

Persons: Trump, Smith Organizations: Capitol, Count Locations: United States

☆ Opinion | Why the Supreme Court Is Blind to Its Own Corruption
▼ + stars: | 2023-05-18 | by ( Randall D. Eliason | ) www.nytimes.com time to read: +2 min

The landmark case is the court’s 2010 decision in Citizens United v. Federal Election Commission. A five-justice majority — including Justice Thomas — struck down decades-old restrictions on independent campaign expenditures by corporations, holding that they violated the companies’ free speech rights. The government’s legitimate interest in fighting corruption, the court held, is limited to direct quid pro quo deals, in which a public official makes a specific commitment to act in exchange for something of value. In dissent, Justice John Paul Stevens accused the majority of adopting a “crabbed view of corruption” that the court itself had rejected in an earlier case. But the decision didn’t come out of nowhere: The court has often been unanimous in its zeal for curtailing criminal corruption laws.

Trump's indictment was unsealed Tuesday, revealing he was charged with 34 counts. The indictment didn't clarify the underlying crimes Trump allegedly committed to justify felony charges. Trump was indicted on 34 felony counts of falsifying business records in connection to a 2016 hush-money payment to the adult film star Stormy Daniels. "If I were the prosecution, I would ask for a gag order covering the parties and their attorneys," Neama Rahmani, a former federal prosecutor, told Insider. Indeed, House Republicans vowed revenge on Trump's behalf and said Tuesday that they would go after Bragg and President Joe Biden in light of Trump's indictment.

☆ The Manhattan DA's likely case against Trump would be far from a 'slam dunk conviction'
▼ + stars: | 2023-03-23 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +8 min

New York state prosecutors have never brought an election law case involving a federal campaign, per NYT. If the DA's office brings a criminal case against Trump, it would be far from a "slam dunk conviction," one ex-prosecutor said. Among the charges Trump could face is violating New York's business records statute, which bars individuals from falsifying business records with an intent to defraud. Some legal experts have pointed out that New York has a long history of bringing felony prosecutions based on falsifying business records. If Trump is charged with falsifying business records, "expect to see this defense."

☆ Biden's mishandling of classified records isn't as legally perilous as Trump's, but may pose serious national security risks
▼ + stars: | 2023-01-11 | by ( Sonam Sheth | ) www.businessinsider.com time to read: +9 min

Trump's former White House lawyer told Insider that AG Garland should appoint a special counsel to investigate Biden. A source familiar with the matter told CNN that Lausch has finished the initial part of his investigation and presented his preliminary findings to Garland. Still, he criticized the White House for waiting more than two months to disclose the existence of the inquiry. "It appears that at least two of the aggravating factors, obstruction and willfulness, are present in the Trump case, but absent in the Biden case." Cobb, Trump's former White House counsel, went further, saying that drawing a distinction between the two cases is akin to "putting lipstick on a pig."

☆ Guilty: Oath Keepers founder Stewart Rhodes was convicted of seditious conspiracy in the most significant January 6 case yet
▼ + stars: | 2022-11-29 | by ( C. Ryan Barber | ) www.businessinsider.com time to read: +5 min

A jury found Oath Keepers founder Elmer Stewart Rhodes guilty of engaging in a seditious conspiracy. Three other members of the far-right group were found not guilty of joining in that conspiracy. Rhodes was convicted of seditious conspiracy alongside Kelly Meggs, another member of the Oath Keepers. "Now, going forward, there are people higher up than the Oath Keepers who were potentially involved in the conspiracy," he told Insider. Just as he distanced himself from Oath Keepers who entered the Capitol, Rhodes sought to downplay the far-right group's references to quick reaction forces, or QRFs, in his testimony before jurors.

☆ Donald Trump launched a third bid for president at a time when his legal troubles have never been worse
▼ + stars: | 2022-11-16 | by ( C. Ryan Barber | ) www.businessinsider.com time to read: +10 min

Trump announced his 3rd presidential bid in the same place that federal agents view as a suspected crime scene. With midterms over, the Justice Department could soon signal its next steps. The Justice Department has pursued its investigations undeterred by Trump's signaling plans for a third presidential bid, and his formal campaign launch will not protect him. The Justice Department could soon signal its next steps. Ahead of the midterms, Republicans warned that they would wield committees to mount oversight investigations and grill the Justice Department and FBI about investigations involving Trump.

☆ Trump is under investigation for breaking these 8 federal laws
▼ + stars: | 2022-08-12 | by ( Camila Dechalus | Sonam Sheth | ) www.businessinsider.com time to read: +8 min

The DOJ is investigating if Trump violated three federal laws related to his handling of national security information. Soon after, it surfaced that the Justice Department is investigating whether Trump violated three federal laws related to his handling of national security information and classified documents. The House select committee running a parallel congressional investigation into the siege has sought to build the case that Trump violated at least five federal laws connected to his efforts to overturn the 2020 US election. Here's a breakdown of the eight federal laws that Trump may have violated:The Espionage ActThe DOJ is investigating if Trump violated a key facet of the Espionage Act relating to the removal of information pertaining to the US's national defense. Concealment, removal, or mutilation of recordsThere are two other laws Trump is suspected of violating in connection to his handling of government documents.

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