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Will Trump’s Barbs Land Him Behind Bars?
  + stars: | 2023-11-03 | by ( Susan Milligan | ) www.usnews.com   time to read: +9 min
It was a historic and jarring event when FBI agents searched former President Donald Trump's home last year to look for classified documents he was accused of hoarding. "Courts and prosecutors have to become normalized to the idea of detaining Trump – if he continues to violate gag orders and/or if he is convicted at trial," Signorelli says. Less-powerful defendants have been punished with time behind bars for being in contempt of court (including violating gag orders) or threatening authorities. Sam Bankman-Fried, the former billionaire crypto trader, was put behind bars in August weeks before his fraud trial after giving a media outlet private writings by a witness. While courts are sensitive to First Amendment protections – especially for someone running for president – Trump is pushing the legal envelope, Eisen says.
Persons: Donald Trump's, Trump, , Richard Signorelli, Signorelli, Tanya Chutkan, Alvin Bragg, Neama Rahmani, Vitali GossJankowski, Sam Bankman, Mark Meadows, Meadows, Jack Smith, Smith, Chutkan, Bill Barr, Norm Eisen, Trump's, – Trump, Eisen, Arthur F, Engoron, Fani Willis, Bernarda Villalona, William, Widge, Devaney, Baker McKenzie, it's, they're, Rahmani, You've Organizations: FBI, Trump, Capitol, New York, ABC, United Democracy Center, Philadelphia Locations: New York City, California, Georgia, New York, An Alabama, Fulton County, Trump, A Texas, Houston, Kings County, Brooklyn, New Jersey
Grimes is seeking physical custody of her and Elon Musk's three kids, according to court documents. AdvertisementAdvertisementGrimes is suing Elon Musk and asking for physical custody of the three children they share, according to court records obtained by Insider. Grimes, whose legal name is Claire Boucher, is seeking physical custody of her and Musk's kids — 3-year-old X and 1-year-olds Exa and Tau — as well as joint legal custody. Grimes' lawsuit also requests that Musk's suit be thrown out. Differentiating legal custody and physical custody allows parents to share decision-making and rights of access to the kids without an equal custody split, Davis said.
Persons: Grimes, Elon Musk's, Musk, , Elon Musk, Claire Boucher, Tau —, Neama, Holly Davis, Kirker Davis, Davis, Recep Tayyip Erdoğan, We're, Shivon Zilis, Walter Isaacson, Zilis Organizations: Service, San Francisco Superior Court, San Francisco, West, SpaceX Locations: California, Los Angeles, Texas, Turkey, New York
Grimes sued Elon Musk last month for physical custody of the former couple's three children. AdvertisementAdvertisementGrimes and Elon Musk's three children are not allowed to leave California after Grimes sued Musk last month for physical custody of the kids, according to court records obtained by Insider. Lawyers for Musk and Grimes declined to comment, and Musk didn't respond to a request for comment. AdvertisementAdvertisementIn his petition, Musk accused Grimes of moving to California "in an apparent attempt to circumvent jurisdiction" of Texas courts. It's not clear where Musk and Grimes' kids are currently living.
Persons: Grimes, Elon Musk, , Elon Musk's, Musk, Claire Boucher, Neama, Holly Davis, Davis, Clive Mason, X, he'd, Musk's Organizations: Service, San, San Francisco Superior Court, Tau, West, Trial, Musk, Getty, Forbes, Twitter Locations: California, San Francisco, Texas, Grimes, Musk's Texas, Los Angeles, Austin , Texas, Austin, Turkey, New York
Melania Trump is reportedly renegotiating the terms of her prenuptial agreement with Donald Trump, per Page Six. Lawyers told Insider renegotiating may be smart amid the legal troubles Donald Trump faces. Representatives for Donald Trump and several acquaintances of Melania Trump did not immediately respond to Insider's requests for comment. Melania Trump has thus far removed herself from her husband's 2024 presidential campaign, forgoing public appearances alongside Donald Trump on both the trail and in court. AdvertisementAdvertisementRegardless of what happens come 2024, Melania Trump is wise to renegotiate the agreement now, Rahmani said.
Persons: Melania Trump, Donald Trump, , Mary Jordan, Bill Beslow, Marla Maples, Beslow, Trump, Demi Moore, Nicole Kidman, Al Pacino, Linda Evangelista, Mia Farrow, Donald Trump's, Neama Rahmani, it's, Rahmani Organizations: Service, Washington Post, Republican, Trump Organization's New, Trump, West, Trial Locations: New York, Manhattan, Trump Organization's New York, York City
The indictment comes after Biden's plea deal with the feds related to two tax charges fell through in late July. AdvertisementAdvertisementThe indictment comes after Biden's plea deal with federal prosecutors on misdemeanor tax charges fell apart in court in late July. AdvertisementAdvertisementProsecutors previously signaled they would bring the gun and tax charges against Biden through the ordinary process, with a grand jury. While Thursday's indictment includes three gun charges, it does not include the tax charges. A plea deal with no time behind bars was an unusually good bargain, he said.
Persons: Hunter Biden, Biden's, Biden, Joe Biden's, , Neama Rahmani, Maryellen Noreika, Prosecutors, David Weiss, Donald Trump, Trump, Noreika, Leo Wise, Wise, Rahmani, that's, it's, concocting, Demetrius Freeman, James Comer, Joe Biden, Comer, Kevin McCarthy, impeaching Biden, Weiss, Hunter Biden's, didn't Organizations: Service, Biden —, Republicans, West, Trial, Washington, Getty Images Republican, FBI Locations: Wall, Silicon, Delaware
A judge ruled Friday against Mark Meadows' bid to move the prosecution against him to federal court. Meadows is one of 18 co-defendants charged alongside Trump in his Georgia election interference case. A former federal prosecutor told Insider the ruling ramps up pressure on the co-defendants to flip on Trump. In a Friday ruling, US District Court Judge Steve Jones denied Meadows' bid to move the prosecution against him to federal court. With Meadows' case staying in Georgia, Rahmani said, there's "a lot of pressure" on Meadows and the other co-defendants to cooperate with the prosecution.
Persons: Mark Meadows, Trump, Meadows, Donald Trump, Steve Jones, Jones, Georgia's, Raffensperger, Neama Rahmani, Rahmani, Fani Willis, There's, Jack Smith, Willis, , Stone, it's Organizations: Trump, Service, White, Staff, West, Washington Post, Politico, North Carolina Republican Locations: Meadows, Georgia, Wall, Silicon, Fulton County , Georgia
Trump was indicted in Georgia over his efforts to overturn the 2020 election results in the state. Making false statements and writingsGeorgia law says that it's illegal for an individual to knowingly and willfully make a false, fictitious, or fraudulent statement or representation to officials. ConspiracyTrump was charged with conspiracy to commit impersonating a public officer, conspiracy to commit forgery in the first degree, conspiracy to commit false statements and writings, and conspiracy to commit filing false documents. Asking Raffensperger, to "find" thousands of votes in order to nullify Biden's 2020 election victory. Asking Raffensperger in September 2021 to decertify the 2020 election, "or whatever the correct legal remedy is, and announce the true winner."
Persons: Trump, Donald Trump, Rudy Giuliani, Mark Meadows, Jeffrey Clark, Sidney Powell, John Eastman, Fani Willis, Joe Biden, Willis, it's, Rahmani, Brad Raffensperger, Georgia's, Brian Kemp, David Ralston, Raffensperger, Injunctive Organizations: Service, New York, White House, Trump —, Federal, Organization, Prosecutors, Trump, United States Senate, State, United States, Court, Northern, Northern District of, Electoral, Georgia Gov, Georgia's, Representatives, GOP, Farm Locations: Georgia, Fulton County, Wall, Silicon, State of Georgia, United States, Northern District, Northern District of Georgia, Fulton County , Georgia
It may not make sense for Trump to ever go to trial in Georgia, an ex-prosecutor says. The Georgia case is currently at "the back of the line," Neama Rahmani said. That's because he might already be serving time for any of the multiple federal cases against him. Fulton County District Attorney Fani Willis investigated the Georgia case but "really waited a long time, unnecessarily, in my opinion," Rahmani said. Rahmani then wondered if Trump gets years in federal prison, "does it make sense" to have him "stand trial in Georgia when there's a possibility he dies in prison?"
Persons: Trump, Neama Rahmani, Donald Trump, Neama, Tanya Chutkan, Rahmani, Chutkan, Rudy Giuliani, Mark Meadows, Jeffrey Clark, Sidney Powell, John Eastman, Stormy Daniels, Fani Willis, , She's, Willis Organizations: Trump, Service, Washington DC, US, Monday, New York, White House Locations: Georgia, Wall, Silicon, California, Washington, New York, Florida, Washington , DC, Fulton County
"I think a gag order is likely, I'm just not sure if it will be enforced," former federal prosecutor Neama Rahmani told CNBC. "A lot of the judges that I've seen cover these types of political cases, they've been all bark, no bite," he said. Indeed, Trump's political operation has heavily featured the indictments in its fundraising pitches and in other campaign messages. "Maybe, but you have to be willing to enforce that gag order." "However, the need to protect that information does not require a blanket gag order over all documents produced by the government."
Persons: Donald Trump, Sam Wolfe, Neama Rahmani, I've, they've, Norm Eisen, Matthew Galluzzo, Galluzzo, Joshua Ritter, " Ritter, Ritter, Jack Smith, Fani Willis, Trump, Manhattan DA Alvin, Tanya Chutkan, Rahmani, Smith, , Koch, RINO, Trump's Organizations: U.S, Republican, Reuters, Trump, White, CNBC, United Democracy Center, Manhattan DA, Super, Name, Department of, DOJ, Manhattan Locations: Columbia , South Carolina, U.S, New York, Los Angeles, Fulton County, China, Miami
Among the four charges Donald Trump pleaded not guilty to Thursday was conspiracy against rights. The civil war-era statute was originally passed to stop members of the KKK from terrorizing the formerly enslaved. In this case, it's the right to vote that prosecutors allege Trump threatened by trying to tamper with the 2020 election results in battleground states. The "civil war era statute was used to prosecute folks in the South trying to disenfranchise Black voters," Rahmani added. If convicted of this charge, Trump could face a fine or prison time of up to 10 years, Rahmani said.
Persons: Donald Trump, Trump, Jack Smith, Rahmani Organizations: Capitol, Service, Capitol Riot, Justice, Department of Justice, Ku Klux Klan, Department of Locations: Wall, Silicon, California, Black
The new indictment against Donald Trump refers to six unindicted co-conspirators. The last time a prosecutor tried flipping people close to Trump, it didn't go too well. According to the new federal indictment against him, brought by Justice Department Special Counsel Jack Smith, Trump had six criminal co-conspirators. Smith is also overseeing a separate prosecution against Trump and two alleged co-conspirators related to the ex-president's hoarding of government documents. The Manhattan district attorney's office charged Weisselberg and the Trump Organization with a litany of white collar crimes in 2021.
Persons: Donald Trump, Jack Smith's, Donald Trump didn't, Jack Smith, Trump, Joe Biden's, isn't, fervid Trump, Smith, Sarah Krissoff, It's, Cozen O'Connor, Rudy Giuliani, baselessly, Sidney Powell, Giuliani, Jeffrey Clark, John Eastman, Kenneth Chesebro, Ted Goodman, Trump —, — Mayor Giuliani would've, Trump's, Goodman, Andrew Kelly Giuliani, He's, he's, Powell, Clark, Bill Barr didn't, Eastman, Chesebro, wasn't, Krissoff, Attorney Alvin Bragg, Stormy Daniels, Bragg, Daniels, Cyrus Vance Jr, Prosecutors, Allen Weisselberg, Michael M, I've, Weisselberg, Michael Cohen, Mary Altaffer, they'd Organizations: Service, Justice, Trump, West, Trial, Justice Department, CNN, — Mayor, Former New York City, REUTERS, Twitter, Prosecutors, Manhattan, Attorney, Trump Organization's, Former Trump Organization, Fox News, Trump Organization, New York Attorney, AP, Department, Republican, FBI, DOJ Locations: Trump, Wall, Silicon, Washington, DC, Manhattan
"I think this is very winnable, but it's not the slam dunk that the documents case is," Neama Rahmani, President of West Coast Trial Lawyers and a former federal prosecutor, said, referring to one of Trump's other federal indictments. Trump's January 6 trial is likely to be more reliant on witness testimony than his classified documents case. In that case, prosecutors have surveillance footage, phone records, and even an audio recording of Trump discussing the classified documents in question to help bolster their case. Brandon Bell/Getty ImagesA prosecutorial path forwardSmith, however, may already be laying the groundwork to get ahead of some of the challenges in the case, Rahmani said. "These are federal charges," Rahmani said of the classified documents indictment and the January 6 case against Trump.
Persons: Jack Smith, Donald Trump, it's, Rahmani, Trump, Stormy Daniels, Donald Trump Alex Brandon, Anna Cominsky, Sarah Krissoff, Cozen O'Connor, Krissoff, Smith, Trump's, Brandon Bell, Tanya S Organizations: Trump, Capitol Riot, Prosecutors, Service, West, Criminal Defense, New York Law School, Southern, of, Department, Former U.S Locations: Wall, Silicon, Lago, Florida, Manhattan, United States, of New York, Washington , DC
He's been charged with conspiracy to defraud the government, obstruction of an official proceeding, and conspiracy against rights. The charges include conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. Here's a breakdown of the new criminal charges Trump is facing and what they mean. If convicted of this charge, Trump could face a maximum of 5 years in prison, Rahmani said. Obstruction of an official proceeding is among the most widely used charges federal prosecutors have brought against other defendants related to the Capitol riot.
Persons: Donald Trump, He's, Jack Smith's, Trump, Rahmani, Mike Pence, Biden, he'll, Joe Biden's, it's Organizations: Service, Capitol, Justice Department, Trump, Prosecutors, Washington Post, Ku Klux, Senate Locations: Wall, Silicon, United States, Here's, California
The judge overseeing the DOJ's case against Trump has the power to tip the scales in Trump's favor. In this case, Cannon will also determine the schedule of the trial itself. Cannon could have enormous influence over what Trump's jury will look likeThe former president also lucked out with the location of the trial. Jury selection is one of the biggest ways in which Cannon can influence the case in Trump's favor. If Cannon grants Trump's request for a trial date after the 2024 general election, that order wouldn't be immediately appealable.
Persons: Aileen Cannon, Donald Trump, Cannon, Duncan Levin, Jack Smith's, Trump, Levin, Rahmani, Ken White, who's, Brown, Osborn, White, wouldn't Organizations: Trump, Service, Floridian, Department, West, Trial Locations: Wall, Silicon, Manhattan, Fort Pierce , Florida
Hunter Biden's criminal plea deal still needs approval from a judge — which isn't guaranteed. The plea deal, however, still must be approved by a judge. Most plea deals skate through court without any problems, but judges do occasionally reject plea deals in high-profile cases. With a plea deal, prosecutors bind themselves to recommend a particular sentence. It's unusual for a judge to reject a plea deal if the sentencing recommendations are too harsh.
Persons: Hunter, Biden, , Hunter Biden isn't, Delaware —, Donald Trump —, Hunter Biden, Joe Biden, Ahmaud, Sarah Krissoff, Pitney, it's, Neama Rahmani, Rahmani, Jill Biden, Ashley Biden, Patrick Semansky, Krissoff, aren't, It's, Department's, David Weiss, Susan Walsh, Randy Zelin, Wilk Auslander, Zelin, He's, he's Organizations: Prosecutors, Service, Department, Washington Post, Pitney LLP, United States, West, AP, Republicans, Congress, Justice Department, Wilk, US, Biden Locations: Delaware, Manhattan, Ukrainian, Ukraine
A Manhattan jury found Donald Trump liable for sexually abusing E. Jean Carroll on Tuesday. After deliberating for 2 1/2 hours, a Manhattan jury found Trump liable for sexual abuse against Carroll in an incident that took place in the 1990s in a Bergdorf Goodman dressing room. The jury did not find Trump liable for rape, which was an option. "There wasn't even a 'he said,' because Donald Trump never even looked you in the eye and said she was a liar," he said. Donald Trump, on the other hand, failed to even show up in court."
Three former prosecutors told Insider that AG Alvin Bragg's hush-money case against Trump is weak. But if the matter does make it to trial, the former president could use his wife to his benefit. More than a week after former President Donald Trump was indicted on 34 charges of falsifying business records, legal experts are skeptical of Manhattan District Attorney Alvin Bragg's case. Three former prosecutors speculated about possible defense strategies the former president might use in such a case. But legal experts stressed that any speculation about a possible Trump defense at this point is still entirely conjecture.
Former prosecutors told Insider the indictment against Donald Trump was underwhelming. They said the case could give Trump and his team fodder to argue it was politically motivated. Rep. Nancy Mace, a Trump critic, said DA Alvin Bragg's indictment made Trump a "martyr." They also said the 34 counts could be viewed as excessive — and even give Trump and his team fuel to argue he was being unfairly targeted. "Trump enjoys being the victim in all this, and that's what he's going to lean into," Joshua Ritter, a former Los Angeles County prosecutor and partner with El Dabe Ritter Trial Lawyers, told Insider.
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 lawsuit brought by Trump's rape accuser E. Jean Carroll is expected to start in April. On Thursday, both sides filed a list of proposed questions to ask potential jurors. Former "Elle" advice columnist E. Jean Carroll is taking Trump to court in New York next month in a defamation and battery civil suit. In court documents filed Thursday, Trump's team proposed asking potential jurors whether they're familiar with the slogan #believewomen, and whether they agree with it. Neama Rahmani, president of West Coast Trial Lawyers, told Insider that while Trump's lawyers' questions around sexual assault are indeed meant to ascertain how jurors feel about sexual assault allegations and the #MeToo Movement, personal views are not enough to get most potential jurors dismissed.
The law — designed for going after the mob — makes sense for her investigation into Donald Trump, experts say. In her time in the district attorney's office, Willis has aggressively used Georgia's Racketeer Influenced and Corrupt Organization statute. One sprawling 56-count RICO case, against the rapper Young Thug's alleged gang, is in its second month of jury selection ahead of what's expected to be a nine-month trial. But if she were to bring a case, experts believe RICO charges are likely. Rahmani cautioned that a RICO case may make Willis look too aggressive.
The forewoman of Georgia's special grand jury investigating Trump gave a series of media interviews. Kohrs declined, however, to answer the question on everyone's mind: Whether the special grand jury, in its still-secret report, recommended criminal charges against Trump himself. Willis empaneled the special grand jury in May 2022. Fani Willis, right, will now choose whether to impanel an ordinary grand jury to consider charges against Trump. That extra step between Kohrs's special purpose grand jury, and another grand jury that has yet to be empaneled, is another reason why Kohrs's comments are of little consequence, Rahmani said.
The video of 29-year-old Tyre Nichols being beaten by Memphis police was released Friday. Legal experts told Insider the footage showed police met Nichols with force even though he wasn't initially resisting. The video released Friday of five Memphis police officers brutally beating Tyre Nichols during a traffic stop showed clear police misconduct and a breakdown in protocol for detaining someone, legal experts told Insider. "What I saw was certainly police misconduct," Joshua Ritter, a Los Angeles criminal defense attorney, former prosecutor, and partner with El Dabe Ritter Trial Lawyers, told Insider of the footage. However Neama Rahmani, president of West Coast Trial Lawyers and a former federal prosecutor, said there was "no question in my mind that murder charges are appropriate."
Prince Andrew wants to overturn his settlement with Virginia Giuffre, according to news reports. Giuffre claims Epstein sex-trafficked her to Andrew when she was 17 years old. Representatives for the prince and Giuffre did not immediately respond to Insider's requests for comment on Wednesday. Overall, Filitti described the idea of trying to overturn the settlement as a "foolhardy effort." "If Prince Andrew wants to rehabilitate his image, perhaps he should do so in a way that doesn't remind the public about the seamier aspects of his private life," Filitti said.
They said that criminal charges are rare even in accidental shooting deaths that take place in non-professional settings without safety protocols. Host Alec Baldwin arrives at the 2nd Annual NFL Honors in New Orleans, Louisiana, February 2, 2013. Experts interviewed by Reuters could not cite another instance in which criminal charges stemmed from an accidental shooting death on a film set. And civil suits against Baldwin that are pending have claimed systemic cost-cutting led to dangerous conditions on set, allegations Baldwin and the film's production company have denied. Involuntary manslaughter charges are most common in fatal traffic accidents involving extreme recklessness, such as intoxication or excessive speeding, according to experts.
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