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☆ Opinion | How to Get Voters the Facts They Need Without a Trump Jan. 6 Trial
▼ + stars: | 2024-07-01 | by ( Andrew Weissmann | ) www.nytimes.com time to read: +1 min

The court also creates a presumption of immunity for other official actions alleged in the Smith indictment. By not deciding the case more than six months ago, when Mr. Smith first raised the issue to the court, it has also provided Mr. Trump de facto immunity. The court clearly believed that it had to weigh in on the scope of criminal immunity for a former president. But it could have weighed in then; the court has kept the criminal case on hold since December. A trial might not happen, but a legal proceeding that will give voters some of what they want and need could still take place.

Persons: Donald Trump, Jack Smith, Smith, Trump Organizations: Justice Department

And like everyone else, I’m trying to read the tea leaves on whether this will be the first jury to convict an American president. We know that in the presidential race, some swing voters could be swayed by a Trump conviction. So this trial may play an influential role in the election this November. And what I want to know at this point in the trial is, how effective has the prosecution been? And what will and what should Trump’s defense do next?

Persons: I’m, Trump

☆ Opinion | What I Am Listening for in Michael Cohen’s Testimony
▼ + stars: | 2024-05-13 | by ( Andrew Weissmann | ) www.nytimes.com time to read: +1 min

Before the trial started, some observers thought Mr. Cohen would be an indispensable star witness. They said that without Mr. Cohen, the district attorney could not establish the elements of the charged criminal offenses. But having seen the proof laid out meticulously and methodically by the prosecution these past three weeks, I find myself wondering: Do prosecutors even need Michael Cohen as a witness? To be sure, the case would not exist but for Mr. Cohen. But since then, Alvin Bragg, the Manhattan district attorney, has amassed evidence that appears to independently both prove the crime and corroborate Mr. Cohen’s account.

Persons: Donald Trump, Michael Cohen, Mr, Cohen, Robert Mueller’s, Alvin Bragg Locations: New York, Manhattan

☆ Frustrated White House sends letter to press corps, skewering coverage of Biden’s handling of classified files
▼ + stars: | 2024-02-13 | by ( Oliver Darcy | ) edition.cnn.com time to read: +5 min

CNN —The White House is making its frustration over recent press coverage known. In a letter Tuesday to the White House Correspondents’ Association, Ian Sams, spokesperson for the White House Counsel’s Office, expressed concern over how the news media has covered Special Counsel Robert Hur’s report on President Joe Biden’s handling of classified material. Sams’ letter is yet another step White House officials have taken to push back against press narratives about the report. It’s not just the White House making such arguments though. The White House, of course, knows that it will not be successful in getting news organizations to walk back previous coverage.

Persons: Ian Sams, Robert Hur’s, Joe Biden’s, Sams, ” Sams, Biden “, ”, Hur, Biden, It’s, Andrew Weissmann, Robert Mueller’s, Donald Trump, Ryan Goodman, Robert Hur, ” Weissmann, Goodman, “ Organizations: CNN, White, ’ Association, Just, New York University Locations: Afghanistan

The news outlet is hyper-focused on Trump's legal jeopardy, with a team of experts ready to dissect every ruling, every filing, every comment. “MSNBC has pretty well-established themselves as the leading anti-Trump network, certainly of late,” said Jon Klein, a former CNN president and news analyst. So far this year, Fox has averaged 2.18 million viewers, MSNBC 1.51 million and CNN 639,000. It was par for the course on a day Trump's legal issues made headlines. MSNBC has assembled a team of legal experts that has appeared throughout its lineup and gained trust through familiarity.

Persons: Joe, Donald Trump, Ken Dilanian, ”, Jon Klein, “, you've, Trump, it's, Trump's, Nicolle Wallace, Missouri Sen, Claire McCaskill, Joy Reid, —, Jen Psaki's, Cyrus Vance Jr, Preet Bharara, Rachel Maddow, Jimmy Carter's, “ Donald Trump, Lawrence O'Donnell, that's, Klein, Ari Melber's, Melber, Peter Navarro, Joe Tacopina, Andrew Weissmann, Robert Mueller's, Mary McCord, ” Chuck Rosenberg, Obama, Neal Katyal, Donald Trump ”, Barbara McQuade, Joyce Vance, Weissmann, Andrew, Psaki, Ariana Pekary, “ It's, ” Klein, there's, ” Pekary Organizations: NBC, MSNBC, Trump, CNN, Social, NBC News, Fox News Channel, Nielsen, Fox, GOP, Fox News, Malaysia Airlines, Manhattan District, New, Department of Justice, District of Columbia, FBI, Drug, U.S, Supreme Locations: Russia, America, Ohio, Indiana , Michigan , Illinois, Iowa, spurts, New York, Missouri, New York U.S, Trump, U.S, Michigan, Alabama

☆ Opinion | To Prosecute or Not to Prosecute Trump
▼ + stars: | 2023-08-18 | by ( ) www.nytimes.com time to read: +1 min

To the Editor:Re “The Prosecution of Trump May Have Terrible Consequences,” by Jack Goldsmith (Opinion guest essay, Aug. 10), about the charges brought by Jack Smith:Mr. Goldsmith argues that the prosecution of Mr. Trump will further erode the already diminished belief that Republicans have in our justice system and may “inspire tit-for-tat investigations of presidential actions by future Congresses and by administrations of the opposing party.”He may be correct. But the integrity of our democracy is at stake. As the New York University law professors Ryan Goodman and Andrew Weissman have written, “To not have brought this case against Mr. Trump would have been an act of selective nonprosecution” because so many foot soldiers have been prosecuted for their Jan. 6 attempt to disrupt our government. To the Editor:Jack Goldsmith studiously ignores a key factor of this disputed topic. While he details concerns about prosecuting Mr. Trump, he does not touch on the toxic consequences of not prosecuting.

Persons: Jack Goldsmith, Jack Smith, Goldsmith, Trump, Ryan Goodman, Andrew Weissman, “, Bruce Kirby Rockville, Jack Goldsmith studiously Organizations: Trump, New York University Locations: Md

☆ Why Jack Smith Had to Bring This Indictment Against Trump - The New York Times
▼ + stars: | 2023-08-02 | by ( Ryan Goodman | Andrew Weissmann | ) www.nytimes.com time to read: +2 min

Donald Trump has now been indicted three times, accused of crimes occurring before, during and after his presidency. But the indictment does more: It skillfully avoids breathing air into a Trump claim of selective prosecution. To not have brought this case against Mr. Trump would have been an act of selective nonprosecution. Mr. Smith has now said he can prove the same conduct beyond a reasonable doubt. Although the Jan. 6 select committee referred Mr. Trump for investigation for inciting an insurrection, Mr. Smith wisely demurred.

Persons: Donald Trump, Trump, Jack Smith, David Carter, John Eastman, Smith, demurred Organizations: Justice Department, Department of Homeland Security, of National Intelligence, Republican, The, Capitol, Federal, Department Locations: United States

☆ Prosecutors are 'sending a message' by asking for harsher sentences for Oath Keepers defendants: DOJ official
▼ + stars: | 2023-07-13 | by ( Natalie Musumeci | Sonam Sheth | ) www.businessinsider.com time to read: +4 min

The DOJ wants harsher sentences for eight Oath Keepers members convicted over the Capitol riot. One department official told Insider the DOJ is "really sending a message" by appealing the 8 defendants' sentences. "It's very unusual for DOJ to appeal, but these are unusual cases and unusual times," said the Justice Department official, who requested anonymity to speak about the cases. The DOJ appeal filing didn't include details laying out prosecutors' reasoning; the department official told Insider those details will be laid out in court later. "Typical DOJ, they got their pound of flesh and still want more," Moerschel's lawyer Scott Weinberg told Insider.

Persons: it's, Andrew Weissmann, Robert Mueller's, Weissmann, Elmer Stewart Rhodes, Amit Mehta, Rhodes, Kelly Meggs, Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Joseph Hackett, Edward Vallejo, David Moerschel, It's, Moerschel, Scott Weinberg, Elsa, Weinberg, William Shipley, Minuta, Meggs, Harrelson, Watkins, Hackett, Vallejo Organizations: DOJ, Capitol, Service, Department, Justice Department, Organization Locations: Wall, Silicon, Robert Mueller's Russia

By charging the case in the Southern District of Florida, the special counsel has wisely pre-empted one other potential defense: improper venue. On the one hand, he has to ensure that Mr. Trump, like any defendant, has sufficient time to file motions challenging the charges and evidence and time to prepare for trial. Special attention is required by Mr. Smith here because the case involves classified evidence. That means the court will probably have to deal with motions under the Classified Information Procedures Act. Ideally, that will happen before the presidential nominating process, but at a minimum, it must take place before the general election.

Persons: ”, Smith, Trump, Justice Juan M Organizations: Southern District of, D.C, Mr, District of Columbia, New, Justice Locations: Southern District, Southern District of Florida, Washington, Florida, District, Manhattan

☆ Trump charges follow criticism of Manhattan prosecutor for not acting sooner
▼ + stars: | 2023-03-31 | by ( Luc Cohen | Thomson Reuters | Reports On The New York Federal Courts. Previously Worked As A Correspondent In Venezuela | ) www.reuters.com time to read: +5 min

Trump's former lawyer Michael Cohen has said he made the payment to silence Daniels about an affair she says she had with Trump in 2006. Bragg's charges come at a critical time, as Trump is running for the Republican presidential nomination in 2024. A prosecutor leading that probe, Mark Pomerantz, resigned in February 2022 after Bragg declined to charge Trump himself with financial crimes. Pomerantz has publicly criticized Bragg's decision not to bring charges and published a book about the investigation. In the biggest trial victory so far in his tenure, his office last December won the conviction of the Trump Organization on tax fraud charges.

[1/2] Workers remove scaffolding at the New York Courthouse at 80 Centre Street where Manhattan District Attorney Alvin Bragg continues his investigation into former U.S. President Donald Trump, in Manhattan, New York City, U.S., March 18, 2023. Trump said on his Truth Social platform that he expected to be arrested on Tuesday and called on his supporters to protest. A prosecutor leading that probe, Mark Pomerantz, resigned in February 2022 after Bragg declined to charge Trump himself for financial crimes. Cohen previously testified that Trump directed him to arrange the payment, and Cohen pleaded guilty in December 2018 to campaign finance violations and other charges. In the biggest trial victory so far in his tenure, his office last December won the conviction of the Trump Organization on tax fraud charges.

☆ Trump probe follows criticism of Manhattan prosecutor for not acting sooner
▼ + stars: | 2023-03-10 | by ( Luc Cohen | Thomson Reuters | Reports On The New York Federal Courts. Previously Worked As A Correspondent In Venezuela | ) www.reuters.com time to read: +4 min

Manhattan District Attorney Alvin Bragg has come under political pressure for not bringing charges against Trump earlier, but has now invited Trump to testify before a grand jury, according to Susan Necheles, a lawyer for Trump. The probe comes at a critical time, as Trump is running for the Republican presidential nomination in 2024. A prosecutor leading that probe, Mark Pomerantz, resigned in February 2022 after Bragg declined to charge Trump himself for financial crimes. A spokeswoman for Bragg, who could still decline to charge Trump, referred to Bragg's earlier statement. In the biggest trial victory so far in his tenure, his office last December won the conviction of the Trump Organization on tax fraud charges.

☆ After criticism for silence, Biden White House takes questions on classified documents
▼ + stars: | 2023-01-17 | by ( Peter Nicholas | Peter Nicholas Is A Senior National Political Reporter For Nbc News. | ) www.nbcnews.com time to read: +5 min

A White House official, Ian Sams, spoke to reporters Tuesday about documents dating back to Biden’s vice presidency — the first time the White House has solicited questions about the classified materials. Sams, a senior adviser to the White House Counsel’s office, said in the press briefing that because of an ongoing Justice Department investigation, the White House is limited in what it can responsibly disclose. At issue is whether the White House kept quiet about documents that had been stored improperly in hopes of sparing Biden the political fallout from such a disclosure. Biden’s personal attorneys found more classified documents while searching his home in Wilmington on Dec. 20. Yet the White House didn't acknowledge the found documents until a CBS News report earlier this month.

☆ It took at least 48 days for Joe Biden to find and declare all the classified material at his residence and former office
▼ + stars: | 2023-01-12 | by ( Mattathias Schwartz | ) www.businessinsider.com time to read: +6 min

President Joe Biden maintains he cooperated swiftly and completely in returning classified documents. December 20: Biden's personal counsel tells Lausch that an additional batch of documents was discovered in the garage of Biden's residence, in Delaware. Biden's personal counsel tells Lausch that an additional batch of documents was discovered in the garage of Biden's residence, in Delaware. January 12 (morning): Biden's personal counsel informs Lausch that an additional classified document was found at Biden's residence. Biden's personal counsel informs Lausch that an additional classified document was found at Biden's residence.

☆ 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."

☆ Jan. 6 committee staffers told preliminary plan for final report would focus largely on Trump, not on law enforcement failures, sources say
▼ + stars: | 2022-11-12 | by ( Https | Media-Cldnry.S-Nbcnews.Com Image Upload Newscms Dilanianmug.Jpg | Ken Dilanian | ) www.nbcnews.com time to read: +8 min

The final report — much like the committee’s hearings — seems to be shaping up to be “all-Trump,” one source said. The “blue team” examined the preparedness and response of law enforcement agencies. Some staffers remain hopeful that members of the Jan. 6 committee might push back on the current plan and incorporate their research into the final report. The committee needs to release its final report before a new Congress is seated in January. Congress has oversight over and controls the funding of federal law enforcement agencies.

The sources say Justice Department officials are looking carefully at a cross section of past cases involving the mishandling of classified material. Though his comments were about the separate Jan. 6 investigation, Justice Department officials said they apply broadly. Experts say the public evidence in the Mar-a-Lago case seems unambiguous. Less clear is whether there are aggravating factors — such as whether the Justice Department can prove Trump obstructed justice by failing to turn over documents despite a grand jury subpoena. Martin’s lawyers said he was a hoarder, and prosecutors concluded that he had not given classified information to anyone.

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