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Federal prosecutors on Monday asked a judge to reject a barrage of motions filed last month by former President Donald J. Trump that sought to toss out the indictment charging him with plotting to overturn the 2020 election and said his claims were full of “distortions and misrepresentations.”In a 79-page court filing, prosecutors in the office of the special counsel, Jack Smith, went one by one through Mr. Trump’s multiple motions to dismiss the case and accused him and his lawyers of essentially trying to flip the script of the four-count indictment filed against him in August. “The defendant attempts to rewrite the indictment, claiming that it charges him with wholly innocuous, perhaps even admirable conduct, — sharing his opinions about election fraud and seeking election integrity,” James I. Pearce, one of the prosecutors wrote, “when in fact it clearly describes the defendant’s fraudulent use of knowingly false statements as weapons in furtherance of his criminal plans.”When Mr. Trump first filed his motions to dismiss the case, they represented a breathtaking effort to reframe the various steps he took to remain in power after losing the election as something other than crimes.
Persons: Donald J, Trump, Jack Smith, , ” James I, Pearce Organizations: Monday
An appeals court in Washington on Friday paused the gag order imposed on former President Donald J. Trump in the federal case accusing him of seeking to overturn the 2020 election, temporarily freeing him to go back to attacking the prosecutors and witnesses involved in the proceeding. In a brief order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia said the pause of about two weeks was needed to give it “sufficient opportunity” to decide whether to enact a longer freeze as the court considered the separate — and more important — issue of whether the gag order had been correctly imposed in the first place. The panel’s ruling came in response to an emergency request to lift the order pending appeal that Mr. Trump’s lawyers filed on Thursday night. The gag order, which was put in place last month by Judge Tanya S. Chutkan in Federal District Court in Washington, has now been frozen, reinstated and frozen again. The protracted battle, with its back-and-forth filings and multiple reversals, has pitted two visions of Mr. Trump against each other.
Persons: Donald J, Trump, , , Tanya S Organizations: U.S ., Appeals, District of Columbia, Court Locations: Washington
Lawyers for former President Donald J. Trump filed an emergency request to a federal appeals court on Thursday seeking to lift the gag order imposed on him in the criminal case in which he stands accused of trying to overturn the 2020 election. The lawyers asked the appeals court to keep the pause of the order in place until it reaches a final decision on whether the order should have been issued in the first place. “No court in American history has imposed a gag order on a criminal defendant who is actively campaigning for public office — let alone the leading candidate for president of the United States,” the lawyers wrote in their 11th-hour petition to the U.S. Court of Appeals for the District of Columbia Circuit. “That centuries-long practice was broken,” the lawyers added, when a federal judge in Washington put the gag order in place last month, “muzzling President Trump’s core political speech during an historic presidential campaign.”
Persons: Donald J, Trump, , , Trump’s, Organizations: U.S ., Appeals, District of Columbia Circuit Locations: United States, Washington
She was responding to the latest request by Mr. Trump’s lawyers to delay the proceedings, part of a pattern in which they have sought to push his trial dates back as far as possible. Mr. Trump has made no secret of his hopes to postpone any legal reckoning until after Election Day. That could provide him a chance, should he win the presidency again, to order the federal charges against him dropped or to attempt to pardon himself in the federal cases if convicted. Mr. Trump’s legal team has repeatedly argued that the case should go to trial only after the 2024 election is over. They rarely mention in public, however, that if that were to happen and Mr. Trump were to win the race, he could dispose of the charges by having his attorney general simply drop them.
Persons: Trump, New York —, Jack Smith Organizations: Court Locations: Florida, Washington, Georgia, New York, Fort Pierce, Fla
A federal judge reinstated a gag order on former President Donald J. Trump on Sunday that had been temporarily placed on hold nine days earlier, reimposing restrictions on what Mr. Trump can say about witnesses and prosecutors in the case in which he stands accused of seeking to overturn the 2020 election. In making her decision, the judge, Tanya S. Chutkan, also denied a request by Mr. Trump’s lawyers to freeze the gag order for what could have been a considerably longer period, saying it can remain in effect as a federal appeals court in Washington reviews it. Judge Chutkan’s ruling about the order was posted publicly on PACER, the federal court database, late on Sunday, but her detailed order explaining her reasoning was not immediately available because of what appeared to be a glitch in the computer system. The dispute about the gag order, which was initially put in place on Oct. 16 after several rounds of court filings and a hard-fought hearing in Federal District Court in Washington, has for weeks pitted two significant legal arguments against each other.
Persons: Donald J, Trump, Tanya S, Chutkan’s Organizations: PACER, Federal, Court Locations: Washington
Donald J. Trump has twice run afoul of a narrow gag order placed on him by the judge overseeing his civil fraud trial in New York, and has been fined a total of $15,000. It’s a rounding error for a former president who measures his net worth in the billions. But if Mr. Trump continues to violate the order, which bars him from attacking the judge’s staff, the punishments could intensify. The judge, Arthur F. Engoron, has warned of harsher fines, contempt of court and possible imprisonment. Mr. Trump denied that his veiled remarks had referred to the clerk, but in an order on Thursday, Justice Engoron fined Mr. Trump $10,000, and declared that his testimony “rings hollow and untrue.”
Persons: Donald J, Trump, Arthur F, , Engoron, Justice Engoron Locations: New York
Welcome to the Trump on Trial newsletter! Maggie literally wrote the book on Trump — “Confidence Man” — and has followed the former president since his days as a New York City real estate developer. More recently, we have worked together reporting on the complex and often confusing array of criminal and civil proceedings that Trump is facing: seven major cases in six courthouses in four cities. In the coming months, we will help you track both the big picture and the telling details of the legal cases. We will also grapple with what the cases tell us about a climate in which a former president facing an array of criminal charges remains a powerful political force.
Persons: Trump, Maggie Haberman, Alan Feuer, Donald Trump’s, Maggie, Alan, Republican Party’s Organizations: Trump, Republican Locations: New York City
Federal prosecutors have quietly withdrawn a subpoena seeking records from former President Donald J. Trump’s 2020 campaign as part of their investigation into whether Mr. Trump’s political and fund-raising operations committed any crimes as he sought to stay in power after he lost the election, according to two people familiar with the matter. The rescission of the subpoenas to Donald J. Trump for President Inc. and Save America was an indication that Mr. Smith’s office was slowing down or even closing its monthslong inquiry into whether Mr. Trump’s political operation broke any laws by citing baseless claims of election fraud to raise money. The withdrawal of the subpoena to Save America was first reported last week by The Washington Post. A spokesman for Mr. Trump did not respond to requests seeking comment. A spokesman for the special counsel’s office declined to comment.
Persons: Donald J, Jack Smith, Trump, Trump’s Organizations: President Inc, America, Washington Post, Mr
For much of this week, after a federal judge temporarily froze the gag order she imposed on him, former President Donald J. Trump has acted like a mischievous latchkey kid, making the most of his unsupervised stint. At least three times in the past three days, he has attacked Jack Smith, the special counsel leading his federal prosecutions, as “deranged.” Twice, he has weighed in about testimony attributed to his former chief of staff Mark Meadows, who could be a witness in the federal case accusing him of conspiring to overturn the 2020 election. Each of Mr. Trump’s comments appeared to violate the gag order put in place less than two weeks ago to limit his ability to intimidate witnesses in the case, assail prosecutors or otherwise disrupt the proceeding. And after the former president was fined $10,000 on Wednesday for flouting a similar directive imposed on him by the judge presiding over a civil trial he is facing in New York, federal prosecutors asked that he face consequences for his remarks about the election interference case as well. On Friday, the judge who imposed the federal order, Tanya S. Chutkan, put it on hold for a week to allow the special counsel’s office and lawyers for Mr. Trump to file more papers about whether she should set it aside for an even longer period as an appeals court considers its merits.
Persons: Donald J, Trump, Jack Smith, Mark Meadows, Trump’s, Tanya S Organizations: Mr Locations: New York
A spokesman for Mr. Giuliani did not immediately respond to a request for comment. With her guilty plea, Ms. Ellis became the fourth defendant — and the third lawyer — in the case to reach a cooperation deal with Fani T. Willis, the Fulton County district attorney. While a person familiar with Ms. Ellis’s thinking described her as being extremely angry at Mr. Giuliani, her cooperation could be perilous for Mr. Trump as well. Indeed, if Ms. Ellis, Ms. Powell and Mr. Chesebro all end up taking the stand, they could paint a detailed collective portrait of Mr. Trump’s activities in the postelection period. They could touch upon a brazen plot, rejected by Mr. Trump, to use the military to seize the country’s voting machines.
Persons: Ellis, Giuliani, , Willis, Sidney Powell, Kenneth Chesebro —, Trump, Trump’s, Powell, Pence Organizations: Fani, Trump, Mr, Capitol Locations: Fulton County,
Lawyers for former President Donald J. Trump fired off a barrage of new attacks on Monday night against the federal charges accusing him of conspiring to overturn the 2020 election, filing nearly 100 pages of court papers seeking to have the case thrown out before it reaches a jury. In four separate motions to dismiss — or limit the scope of — the case, Mr. Trump’s legal team made an array of arguments on legal and constitutional grounds, some of which strained the boundaries of credulity. The lawyers claimed, largely citing news articles, that President Biden had pressured the Justice Department to pursue a “nakedly political” selective prosecution of Mr. Trump. They asserted that prosecutors in the office of the special counsel, Jack Smith, had failed to prove any of the three conspiracy counts brought against the former president. And they argued that under the principle of double jeopardy, Mr. Trump could not be tried on the election interference charges since he had already been acquitted by the Senate on many of the same accusations during his second impeachment.
Persons: Donald J, Trump, Biden, Jack Smith Organizations: Justice Department Locations: credulity
The 2020 presidential campaign was underway, and Anthony Pratt was doubling down on Donald J. Trump. Mr. Pratt, the chairman of a multinational paper and packaging company and one of Australia’s richest men, had already paid to join Mr. Trump’s Mar-a-Lago club in Florida. He had also spent top dollar to ring in the new year there while rubbing elbows with the president. And, eager to behold a Trump re-election celebration at the club, he had offered to reach into his pocket once again as Election Day approached. But their relationship — forged over Mr. Trump’s chaotic four years in office — was indeed beneficial for both men and their businesses, new interviews and documents reviewed by The Times show.
Persons: Anthony Pratt, Donald J, Trump, Pratt, Trump’s, Mr, ” Mr, Organizations: The New York Times, White, The Times Locations: Lago, Florida
The electors scheme became a vital part of the end game strategy pursued by Mr. Trump as he and his allies sought to find a way to block or delay congressional certification of his Electoral College defeat. When Mr. Trump directed his supporters to march on the Capitol on Jan. 6, 2021, Mr. Chesebro was among them, accompanying the conspiracy theorist Alex Jones to the Capitol grounds. (Mr. Chesebro does not appear to have illegally entered the Capitol as the march turned into a riot.) If Mr. Chesebro were to testify that Mr. Trump’s lawsuits challenging his loss were not designed to win, but merely as ploys to sow doubt about the election, it could cut against Mr. Trump’s possible plan to use a so-called advice of counsel defense. Beyond his role in the state case in Georgia, Mr. Chesebro was also identified — albeit not by name — as Co-Conspirator 5 in the federal election case filed against Mr. Trump in August by the special counsel, Jack Smith.
Persons: Trump, Chesebro, Alex Jones, John Eastman, Rudolph W, Giuliani, Trump’s, , Jack Smith Organizations: Mr, Electoral College, Capitol Locations: Georgia
The federal prosecutors who charged former President Donald J. Trump with conspiring to overturn the 2020 election pushed back on Thursday against one of his central defenses, rejecting his claims that he enjoyed “absolute immunity” from criminal prosecution because his indictment arose from actions he took while in the White House. The prosecutors in the office of the special counsel, Jack Smith, said Mr. Trump’s expansive bid to claim immunity was unsupported by “the Constitution’s text and structure, history and tradition, or Supreme Court precedent.”“The defendant is not above the law,” they wrote in a 54-page filing. “He is subject to the federal criminal laws like more than 330 million other Americans, including members of Congress, federal judges, and everyday citizens.”The court papers, filed in Federal District Court in Washington, were a blunt rebuttal of Mr. Trump’s attempt to have Judge Tanya S. Chutkan, who is overseeing the case, dismiss the four counts he is facing before they go to trial. Though filled with technical jargon and arcane citations of the Federalist Papers, the government’s response to Mr. Trump boiled down to a simple argument: In the United States, the law equally applies to everyone.
Persons: Donald J, Trump, Jack Smith, , Trump’s, Tanya S, Chutkan Organizations: Court Locations: Washington, United States
Within hours of Judge Chutkan’s announcement at a hearing on Monday in Federal District Court in Washington that she would be imposing the order, Mr. Trump had already attacked it as an assault on his First Amendment rights. He then misrepresented the contents of Judge Chutkan’s ruling. “You know what a gag order is?” Mr. Trump, the current front-runner for the 2024 Republican nomination, asked the crowd. “You can’t speak badly about your opponent.”In fact, Judge Chutkan’s order leaves Mr. Trump free to criticize President Biden, along with his administration and the Justice Department. Judge Chutkan’s order leaves Mr. Trump free to attack her, too.
Persons: Chutkan’s, Trump, , Biden, Mike Pence Organizations: Court, Republican, Justice Department Locations: Washington, Iowa
Seeking to disqualify a judge is a challenging and precarious move — one that, if it fails (which it often does), runs the risk of annoying the person granted the power to make critical decisions in the case. Mr. Trump’s lawyers filed their recusal motion two weeks ago, after Judge Chutkan handed them a significant defeat by scheduling the trial for March, much earlier than they had requested, but before they had filed any substantive motions to attack the charges Mr. Trump is facing. A judge’s decision to remain on a case is generally not subject to an immediate appeal — though Mr. Trump’s lawyers could in theory try. Judge Chutkan’s ruling not to disqualify herself came as she considers a potentially significant development in the case: whether to grant the government’s request to impose a gag order on Mr. Trump’s public statements about the case. In asking Judge Chutkan to step aside, Mr. Trump’s lawyers cited statements she had made about the former president at hearings for two defendants facing sentencing for crimes they committed on Jan. 6.
Persons: Judge Chutkan, Trump, Judge Chutkan’s, Christine Priola, Robert Palmer, Organizations: Capitol, Locations: Cleveland, Florida
Lawyers representing former President Donald J. Trump against federal charges accusing him of seeking to overturn the 2020 election offered an outraged response on Monday to the government’s request for a gag order, saying the attempt to “muzzle” him during his presidential campaign violated his free speech rights. In a 25-page filing, the lawyers sought to turn the tables on the government, accusing the prosecutors in the case of using “inflammatory rhetoric” themselves in a way that “violated longstanding rules of prosecutorial ethics.”“Following these efforts to poison President Trump’s defense, the prosecution now asks the court to take the extraordinary step of stripping President Trump of his First Amendment freedoms during the most important months of his campaign against President Biden,” one of the lawyers, Gregory M. Singer, wrote. “The court should reject this transparent gamesmanship.”The papers, filed in Federal District Court in Washington, came 10 days after prosecutors in the office of the special counsel, Jack Smith, asked Judge Tanya S. Chutkan, who is overseeing the election interference case, to impose a narrow gag order on Mr. Trump. The order, they said, was meant to curb Mr. Trump’s “near-daily” barrage of threatening social media posts and to limit the effect his statements might have on witnesses in the case and on the potential jury pool for the trial. It is scheduled to take place in Washington starting in March.
Persons: Donald J, Trump, , , Trump’s, Biden, Gregory M, Singer, Jack Smith, Tanya S, Chutkan, Trump’s “ Organizations: Court Locations: Washington
A spokesman for former President Donald J. Trump posted a video on Monday showing him at a gun shop in South Carolina, declaring that he had just bought a Glock pistol. The post on X, formerly known as Twitter, included video of Mr. Trump, the front-runner for the Republican Party’s nomination for president who is facing four criminal indictments. “President Trump buys a @GLOCKInc in South Carolina!” his spokesman, Steven Cheung, wrote in his post. The video showed Mr. Trump among a small crowd of people and posing with a man holding the gun. A voice can be heard saying, “That’s a big seller.”Image The gun was decorated with Mr. Trump’s name and likeness.
Persons: Donald J, Trump, “ Trump, , , Steven Cheung, Doug Mills Organizations: Twitter, Republican, Trump, Palmetto State Armory, , New York Locations: South Carolina, Summerville, S.C
Ray Epps, the Trump supporter who was swept up in one of the most persistent right-wing conspiracy theories connected to the events of Jan. 6, 2021, pleaded guilty on Wednesday to a single misdemeanor charge for his role in the attack on the Capitol. Prosecutors said at the hearing that aside from breaching the barricades outside the Capitol, Mr. Epps placed his hands on a giant Trump sign that the mob used as a battering ram against the police. Mr. Epps will face a maximum of one year in prison when he is sentenced in December. Mr. Epps, a former Marine and wedding venue owner who voted twice for Donald J. Trump, became the unlikely focus of a conspiracy theory promoted on Fox News and by right-wing commentators. It held that he had been a covert government asset who helped instigate the riot as a way of discrediting Trump supporters.
Persons: Ray Epps, Trump, Epps, Donald J Organizations: Capitol, Federal, Court, Justice Department, Prosecutors, Trump, Mr, Fox News Locations: Washington
“You don’t know anything about the boxes,” Mr. Trump told Ms. Michael when he learned that federal officials wanted to talk to her in the case. Her account was first reported by ABC News and was confirmed by the person briefed on her comments. Ms. Michael also told investigators that Mr. Trump would write notes to himself on documents that he gave her listing tasks he wanted done. She later realized that in some cases the documents had classified markings, the person briefed on her comments said. The specific nature of the documents in question remained unclear, the person said.
Persons: Donald J, Trump, Molly Michael, Trump’s, Mr, Michael Organizations: White, Mr, Office, ABC News Locations: Florida
Ray Epps, the man at the center of a right-wing conspiracy theory that the federal government instigated the events of Jan. 6, 2021, was charged on Tuesday with a single count of disorderly conduct for his role in the attack on the Capitol. In a bare-bones charging document filed in Federal District Court in Washington, prosecutors accused Mr. Epps of disrupting the orderly conduct of government business by entering a restricted area on the Capitol grounds on Jan. 6. Mr. Epps’s lawyer, Edward J. Ungvarsky, said the case had been brought in “anticipation of entry of a guilty plea.”The saga of Mr. Epps, a former Marine and wedding venue owner who voted twice for Donald J. Trump, is one of the stranger stories to have emerged from the Capitol attack. The conspiracy theory was widely promoted by the former Fox News host Tucker Carlson and was later echoed by several prominent Republican politicians. Mr. Epps, who sold his home and business in Arizona and has since gone into hiding with his wife in a trailer park in Utah, sued Fox News in July, accusing the network of defamation.
Persons: Ray Epps, Mr, Epps, Epps’s, Edward J, Ungvarsky, Donald J, Trump, Tucker Carlson Organizations: Court, Capitol, Fox News, Republican Locations: Washington, Arizona, Utah
Ovidio Guzmán López, one of four sons of Joaquín Guzmán Loera, the Mexican drug lord best known as El Chapo, was extradited to Chicago on Friday to face trial on a sprawling set of federal drug charges, according to his lawyer and American officials. The extradition came a little more than nine months after Mr. Guzmán López was arrested by the Mexican authorities in Culiacán, a city in northwestern Mexico that has long been the home base of the Sinaloa drug cartel, the criminal organization his father helped bring to prominence. It also came nearly four years after Mr. Guzmán López’s calamitous first arrest, which prompted a bloody siege of Culiacán by cartel gunmen that was so destructive the authorities were ultimately forced to let him go. Ultimately, the sons — known collectively as Los Chapitos — were charged in a series of competing indictments in Washington, Chicago and New York. The 40-page indictment against him and his brothers — Iván Archivaldo Guzmán Salazar, Jesús Alfredo Guzmán Salazar and Joaquín Guzmán López — takes a sweeping look at drug sales and violent crimes reaching back, in some instances, to 2008.
Persons: Ovidio Guzmán, Joaquín, Loera, El Chapo, Guzmán López, Guzmán López’s calamitous, Guzmán, , Archivaldo Guzmán Salazar, Jesús Alfredo Guzmán Salazar Organizations: Drug Enforcement Administration, Homeland Security Locations: Mexican, Chicago, Culiacán, Mexico, Sinaloa, Brooklyn, Washington , Chicago, New York, Washington, San Diego
The federal prosecutors who charged former President Donald J. Trump with a criminal conspiracy over his attempts to overturn the 2020 election obtained 32 private messages from his Twitter account through a search warrant this winter as part of their investigation, court papers unsealed on Friday said. Questions have lingered about what prosecutors were looking for in Mr. Trump’s Twitter account ever since it was revealed last month that the government had served the warrant on Twitter in January. In an earlier release of documents, prosecutors disclosed that they had obtained some private messages from Mr. Trump’s account but not how many. Mr. Trump’s posts on the platform in the chaotic months after the election were mentioned several times in the indictment that the special counsel, Jack Smith, filed against him in Washington last month. What remains unclear is whether Mr. Smith’s team sought the warrant for Mr. Trump’s account merely to confirm that he had posted the messages that appeared in public, or whether they suspected that some private data in the account might also be important.
Persons: Donald J, Elon Musk, Trump, Jack Smith, Smith’s Organizations: Trump, Twitter, Justice Locations: Washington
In their filing on Friday, prosecutors went through a long litany of Mr. Trump’s social media attacks, noting how he has referred to Mr. Smith several times as “deranged” and to the prosecutors working under him as a “team of thugs.” They pointed out that Mr. Trump has called Judge Chutkan “a radical Obama hack” and a “biased, Trump-hating judge.”Prosecutors also said that Mr. Trump has attacked the residents of Washington who one day will be called upon to serve as the jury pool for his trial. In late August, Mr. Trump, apparently referring to an article in The New York Post, attacked the prosecutor in the documents case, Jay I. Bratt, for having met at the White House with officials of the Biden administration. But prosecutors said that, as Mr. Trump knew from the discovery evidence he had received in the case, Mr. Bratt went to the White House as part of the investigation of the classified documents case to interview a “career military official” who worked there. Seeking to connect Mr. Trump’s out-of-court statements directly to the charges they have brought, prosecutors cited several social media attacks that reached back to the chaotic postelection period when Mr. Trump was spreading lies that widespread fraud had marred the vote count. The prosecutors accused Mr. Trump of knowing that his menacing remarks at that time often inspired “others to perpetrate threats and harassment against his targets.”
Persons: Smith, , Trump, Chutkan “, Obama, ” Prosecutors, , Jay I, Bratt, Biden, Trump’s Organizations: Trump, Mr, New, White Locations: Washington, New York
On Monday, Mr. Trump lawyers sought to disqualify another judge involved in a case against him: Tanya S. Chutkan, who is handling his prosecution in Washington on charges of trying to overturn the 2020 election. There has been a flurry of activity in Ms. James’s case against Mr. Trump recently. The attorney general recently filed documents saying that Mr. Trump exaggerated his net worth by as much as $2.2 billion a year to secure favorable loans. Mr. Trump had received most of the loans in question too long ago for the matter to be considered by a court, his lawyers argue. Along with that argument his lawyers had asked that the October trial be delayed, saying that they were unable to prepare for a trial without knowing its scope.
Persons: Merchan, , Trump, Tanya S, Chutkan, Engoron Organizations: Capitol Locations: Washington
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