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☆ Special counsel Jack Smith appeals dismissal of Trump classified documents case
▼ + stars: | 2024-07-17 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

Special counsel Jack Smith on Wednesday filed a notice appealing the stunning decision earlier this week by Florida court federal Judge Aileen Cannon that dismissed the criminal classified documents case against former President Donald Trump. Smith's appeal, which was expected, will be heard in the 11th Circuit U.S. Court of Appeals in Atlanta, which reviews cases arising from Florida federal courts. Peter Carr, a spokesman for Smith, said Wednesday, "We have no comment beyond the filing itself at this time." The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately." The appeal is likely to end up at the U.S. Supreme Court, regardless of how the 11th Circuit appeals court rules.

Persons: Jack Smith, Donald Trump, Smith, Aileen Cannon, Cannon, Trump, Peter Carr, Carr, Steven Cheung, Joe Biden Organizations: 11th Circuit U.S, Trump, U.S . Constitution, White, Witch, Democrat, Department, U.S, Supreme, Republican, Washington , D.C, U.S . Senate, Smith's Locations: Washington , U.S, Florida, Atlanta, U.S ., Lago, U.S, Washington ,, United States

The Florida federal judge overseeing the criminal classified documents case against former President Donald Trump has been the target of more than 1,000 complaints in just one week this month raising allegations of her handling of the case, a top appeals court judge revealed in an order. And "many of the complaints against Judge Cannon also question the correctness of her rulings or her delays in issuing rulings in the case," Pryor wrote. "Although many of the complaints allege an improper motive in delaying the case, the allegations are speculative and unsupported by any evidence," Pryor wrote. "The Complaints also do not establish that Judge Cannon was required to recuse herself from the case because she was appointed by then-President Trump." "Some of those complaints have been acted upon, and others will be acted upon in due course," Pryor wrote, without revealing the nature of those actions.

Persons: Donald Trump, Aileen Cannon, Cannon, William Pryor, Judge Cannon, Pryor, Jack Smith's, Trump, Stormy Daniels Organizations: Trump, 11th Circuit U.S, Public, White Locations: Florida, Florida , Georgia, Alabama, Lago, Palm Beach , Florida, New York, Fort Pierce , Florida

The 11th Circuit U.S. Court of Appeals has scheduled oral arguments in the case for March 27 in Atlanta. Attorneys for father and son Greg and Travis McMichael and their neighbor, William “Roddie” Bryan, are asking the court to throw out hate crime convictions returned by a jury in coastal Brunswick in 2022. Bryan joined the chase in his own truck and recorded Travis McMichael shooting Arbery at close range with a shotgun. The McMichaels and Bryan stood trial on hate crime charges in U.S. District Court less than three months after all three were convicted of murder in a Georgia state court. Also pending are appeals by all three men of their murder convictions in Glynn County Superior Court.

Persons: Ahmaud Arbery, Greg, Travis McMichael, William “ Roddie ” Bryan, Bryan, Arbery, Greg McMichael, Travis McMichael's, Julian Bond, ”, McMichaels Organizations: 11th Circuit U.S, Appeals, Prosecutors, Blacks, Court Locations: SAVANNAH, Ga, Georgia, Atlanta, Brunswick, Arbery, U.S, Glynn County

☆ Alabama Prepares to Carry Out First Execution by Nitrogen Asphyxiation
▼ + stars: | 2024-01-25 | by ( Jan. | At A.M. | ) www.usnews.com time to read: +5 min

By Jonathan Allen(Reuters) - Alabama plans to carry out the first known judicial execution of a prisoner using asphyxiation with nitrogen gas on Thursday evening, a closely watched new method the state hopes to advance as a viable, simpler alternative to lethal injections. Kenneth Smith, convicted of a 1988 murder-for-hire, is a rare prisoner who has already survived one execution attempt. In November 2022, Alabama officials aborted his execution by lethal injection after struggling for hours to insert an intravenous line's needle in his body. A canister of pure nitrogen will be attached to the mask, intended to deprive him of inhaling any oxygen. Jeff Hood, spiritual adviser to Smith, who will be at Smith's side, had to sign a form acknowledging the risk that the execution method poses to others.

Persons: Jonathan Allen, Kenneth Smith, Smith, gurney, Jeff Hood, Maya Foa, Foa, Elizabeth Sennett, Charles Sennett, Mama, Diane Craft Organizations: Reuters, United Nations, 11th Circuit U.S, Appeals, U.S, Supreme, Besides Alabama, Holman Correctional Facility Locations: Alabama, U.S, Besides, Oklahoma, Mississippi, New York

☆ With a Mask and Nitrogen Tank, Alabama Pioneers Execution Method
▼ + stars: | 2024-01-24 | by ( Jan. | At P.M. | ) www.usnews.com time to read: +4 min

By Jonathan Allen(Reuters) - If federal courts give the green light, Alabama plans on Thursday to pioneer the first new method of judicial execution since lethal injections were introduced in 1982. "If this execution is successful then we're going to see nitrogen hypoxia take off across the country," said Rev. Smith is scheduled to be the first prisoner subjected to the method, which Alabama refers to as 'nitrogen hypoxia,' on Thursday evening at Alabama's Holman Correctional Facility. Alabama Solicitor General Edmund LaCour told federal judges last week that the state has since developed "the most painless and humane method of execution known to man." This is the first time he has had to sign a form acknowledging the risk that an execution method poses to others in the execution chamber.

Persons: Jonathan Allen, Jeff Hood, Kenneth Smith, Elizabeth Sennett, Smith, Kenny, Hood, Edmund LaCour, We're, Stéphanie Boucher, Paul Thomasch, Diane Craft Organizations: Reuters, Alabama Department, Corrections, Alabama's Holman Correctional Facility, 11th Circuit U.S, Alabama, Veterinary Medical Association, Worth, Allegro Industries, Allegro's, Walter Surface Technologies Locations: Alabama, . Oklahoma, Mississippi, New York, South Carolina, Allegro's Canada

Former Rep. Mark Meadows, R-N.C., speaks during a forum on House and GOP Conference rules for the 118th Congress, at the FreedomWorks office in Washington, D.C., on Monday, November 14, 2022. Mark Meadows, Donald Trump's former White House chief of staff, on Monday sought to pause an order rejecting his bid to move his Georgia criminal election interference case to federal court. In a court filing Monday morning, Meadows asked a federal judge — who last week declined to move the case out of state court — to stay that order pending an appeal. Meadows' attorney said that "given the urgency of the matter," he will ask the 11th Circuit U.S. Court of Appeals to pause the order unless the federal court grants his request for a stay. "While Mr. Meadows respectfully believes the Court erred, this Court need not agree to stay the Remand Order," his attorney wrote in the filing in U.S. District Court in Atlanta.

Persons: Mark Meadows, Donald Trump's, Meadows, — Organizations: GOP, 118th, Washington , D.C, White House, Circuit U.S, Appeals, Court Locations: Washington ,, Georgia, Atlanta

May 18 (Reuters) - The U.S. Senate is expected to vote Thursday on whether to confirm President Joe Biden's nominee to a federal appeals court a day after Senator Joe Manchin became the first one of Biden's fellow Democrats to vote against one of his judicial picks. Her confirmation faced a new obstacle on Wednesday night when Manchin, a moderate Democrat, broke ranks to oppose advancing her nomination. Her nomination advanced Wednesday on a 50-48 vote after two Republican senators did not participate, teeing it up for final consideration by the full Senate. If Manchin again opposes Abudu during the final vote on her confirmation, Vice President Kamala Harris could be called in to break a tie. That court flipped to a majority of Republican-appointed judges under then-President Donald Trump, who picked six of the 11 active judges.

☆ Factbox: Jan. 6 report adds to Trump's mounting legal problems
▼ + stars: | 2022-12-23 | by ( Industry Insight | Saw Law Firms Move Past The Pandemic Into A More Client-Focused Service Environment | Thomson Reuters Institute | ) www.reuters.com time to read: +8 min

A New York judge ordered that an independent monitor be appointed to oversee the Trump Organization before the case goes to trial in October 2023. Trump asked Raffensperger to "find" enough votes needed to overturn Trump's election loss in Georgia. Legal experts said Trump may have violated at least three Georgia criminal election laws: conspiracy to commit election fraud, criminal solicitation to commit election fraud and intentional interference with performance of election duties. A Trump Organization lawyer has said it would appeal the decision, while Trump has defended his company's operations. Allen Weisselberg, the company's former chief financial officer, pleaded guilty and was required to testify against the Trump Organization as part of his plea agreement.

☆ Trump's legal team should have known better than to ask for a special master
▼ + stars: | 2022-12-05 | by ( Randy Zelin | Randy Zelin Is A Noted Trial Attorney With A Concentration In White Collar Criminal Defense As Well As Complex Civil Litigation Matters. He Is Also An Adjunct Law Professor At Cornell University. | ) www.nbcnews.com time to read: +7 min

Wanting a special master was right out of Trump’s stalling, obstructing and using the time to play the victim circus act. Team Trump could not muster the strength to jump over the first hurdle. Now that we know that Trump’s defense had no ground to stand on the first standard of proof, what about the other three? Well, the Trump Team could fare no better with the second or third one. Team Trump’s arguments were a sideshow.

The 11th Circuit also overturned Cannon's decision to bar investigators from accessing most of the records pending the review. Trump is likely to appeal the 11th Circuit's action to the conservative-majority U.S. Supreme Court. Cannon appointed Raymond Dearie, another federal judge, at Trump's request to review the records to consider whether any should be walled off from the criminal investigation. Trump sued two weeks after the Mar-a-Lago raid, arguing that his status as a former president required a third-party review of the documents. Justice Department lawyers also said Trump, as a former president, cannot invoke executive privilege for documents that belong to the current executive branch of the U.S. government.

A federal appeals court will hear arguments Tuesday as it looks to resolve a simmering procedural dispute in the Justice Department’s escalating investigation of former President Donald Trump’s handling of classified documents at Mar-a-Lago. Days after Attorney General Merrick Garland appointed a special counsel to take over the investigation, Justice Department attorneys are expected to urge the 11th Circuit U.S. Court of Appeals to end a document-vetting arrangement, instated by a lower court, that prosecutors have argued has slowed the investigation into the material the FBI seized from the Florida resort in August.

But Pryor mocked the notion that the 60,000-member professional organization was working "in the shadows" to reshape the courts. He also took aim at liberal commentators who frequently criticize the Federalist Society. He also took issue with criticism of society's role in the judicial nomination process. Leonard Leo, a long-time conservative legal activist, while serving as a Federalist Society executive helped compile a list of potential U.S. Supreme Court nominees that Trump drew from during his tenure. "Are there members of the Federalist Society who are involved in that process?

☆ Supreme Court denies Sen. Lindsey Graham's bid to avoid testifying in Georgia election interference case
▼ + stars: | 2022-11-01 | by ( Dan Mangan | ) www.cnbc.com time to read: +5 min

The Supreme Court on Tuesday denied a request by Sen. Lindsey Graham, R-S.C., to block a subpoena demanding his testimony before a Georgia grand jury investigating possible criminal interference in that state's 2020 presidential election. The subpoena to Graham calls for him to testify before the grand jury in Atlanta on Nov. 17. In its order Tuesday, the Supreme Court noted, "The lower courts also made clear that Senator Graham may return to the District Court should disputes arise regarding the application of the Speech or Debate Clause immunity to specific questions. " A day after that loss, Graham asked Thomas, the Supreme Court justice who has authority over emergency applications from 11th Circuit cases, to temporarily block the subpoena. "Secretary Raffensperger said that Senator Graham suggested that Georgia could discard or invalidate large numbers of mail-in ballots from certain areas," the filing said.

☆ Supreme Court Justice Clarence Thomas temporarily blocks Sen. Graham's subpoena from Georgia grand jury
▼ + stars: | 2022-10-24 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

Associate Justice Clarence Thomas during the formal group photograph at the Supreme Court in Washington, DC, US, on Friday, Oct. 7, 2022. Supreme Court Justice Clarence Thomas on Monday temporarily blocked a subpoena demanding testimony from South Carolina Republican Sen. Lindsey Graham from a Georgia grand jury investigating election interference by former President Donald Trump. The hold on the subpoena came three days after Graham's attorneys asked Thomas to delay the senator's appearance before the grand jury, which is investigating possible criminal interference in Georgia's presidential election in 2020. On Thursday, a panel of judges on the 11th Circuit U.S. Court of Appeals unanimously rejected a request by Graham to temporarily block the subpoena. The conservative justice said the subpoena would be delayed pending further order by Thomas or the Supreme Court.

Sen. Lindsey Graham, R-S.C., asked the Supreme Court on Friday to halt a subpoena compelling him to testify in a Georgia county prosecutor’s criminal probe of potential interference in the 2020 election. Graham’s request comes a day after a federal appeals court ordered him to testify in the grand jury investigation that has already ensnared Trump allies such as Rudy Giuliani. "Without a stay, Senator Lindsey Graham will soon be questioned by a local Georgia prosecutor and her ad hoc investigative body about his protected 'Speech or Debate' related to the 2020 election," the filing says. The grand jury in Georgia was convened earlier this year to assist Fulton County District Attorney Fani Willis' investigation into possible 2020 election interference by former President Donald Trump and others. The grand jury wants to question Graham about the circumstances of two phone calls he made to Georgia Secretary of State Brad Raffensperger and his office after the election.

A federal appeals court on Thursday ruled that Sen. Lindsey Graham, R-S.C., must testify before a Georgia grand jury examining possible election interference in the state two years ago. It also sided with the lower court's finding that "there is significant dispute about whether his phone calls with Georgia election officials were legislative investigations at all." Willis has said publicly she’s investigating a pair of post-election phone calls Graham made to Georgia Secretary of State Brad Raffensperger, a Republican, and his staff. Graham has been fighting the subpoena since it was issued in July, turning to federal court after an unsuccessful bid to challenge it in state court. The Fulton County grand jury is currently in a “quiet period” through Election Day, Nov. 8.

☆ Sen. Lindsey Graham loses appeals court bid to stall testimony in Trump election interference probe
▼ + stars: | 2022-10-20 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

Senator Lindsey Graham (R-S.C.) looks on during a news conference calling to designate Russia as state sponsor of terrorism, on Capitol Hill, in Washington, U.S., September 14, 2022. A federal appeals court panel on Thursday unanimously rejected a request by Sen. Lindsey Graham to block a subpoena for his testimony before a Georgia grand jury investigating former President Donald Trump for criminal interference in the state's 2020 presidential election. Graham, R-S.C., had asked the 11th Circuit U.S. Court of Appeals to stay an order compelling his testimony issued by a federal district judge in Georgia pending his appeal of that decision. "Even assuming that the Clause protects informal legislative investigations, the district court's approach ensures that Senator Graham will not be questioned about such investigations," the appeals court said. "As the court determined, there is significant dispute about whether his phone calls with Georgia election officials were legislative investigations at all," the appeals court ruling said.

WASHINGTON—An appeals court late Wednesday granted the Justice Department’s request to retain control of the classified materials seized at former President Donald Trump’s Mar-a-Lago resort and continue its criminal investigation into the handling of those documents, in a big win for the government. In a 29-page decision, the 11th Circuit U.S. Court of Appeals in Atlanta lifted an earlier order from a federal judge who had barred federal agents from using roughly 100 classified documents seized as part of its probe into whether any national-security risks had been posed by the way the highly sensitive government material was being held at Mr. Trump’s Florida home.

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