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How a Judge Will Weigh Immunity in Trump’s Jan. 6 CaseIn the next few months, Judge Tanya S. Chutkan will face what she herself recently called “a uniquely challenging” task. Immune No Yes Immune Not immune For each accusation against Trump … Was it an official act? Not immune Yes No Is the presumption of immunity rebutted? Immune Yes No Immune Not immune For each accusation against Trump … Was it an official act? Not immune Yes No Is the presumption of immunity rebutted?
Persons: Tanya S, Jack Smith, Donald J, Trump, Judge Chutkan, Trump’s, Smith, Mike Pence, Joseph R, Biden, Chutkan won’t Organizations: Federal, Court Locations: Jan, Washington
Prosecutors in the federal case accusing former President Donald J. Trump of trying to overturn the 2020 election now appear unlikely to seek a broad public airing of their evidence in a courtroom before Election Day, according to two people familiar with the matter. The special counsel pursuing the case, Jack Smith, is leaning against requesting a hearing in the next few months in which he could set out in expansive form the evidence behind his indictment of Mr. Trump, the people said. The prospect of a courtroom hearing this fall in which the prosecutors would present their evidence in something resembling a “mini-trial” was one possible result of the Supreme Court’s landmark ruling this summer that former presidents enjoy broad immunity for official actions they took in office. The Supreme Court directed the trial judge in the case, Tanya S. Chutkan, to rule on which charges against Mr. Trump can survive the immunity decision and which must now be thrown out.
Persons: Donald J, Trump, Jack Smith, Mr, , Tanya S Organizations: Mr
After nearly eight months in limbo, former President Donald J. Trump’s federal election interference case sprang back to life on Saturday as the judge overseeing it scheduled a hearing in Washington for Aug. 16 to discuss next steps. At the hearing, the judge, Tanya S. Chutkan, will discuss with Mr. Trump’s lawyers and prosecutors in the office of the special counsel, Jack Smith, how each side would like to proceed with a complicated fact-finding mission the Supreme Court ordered last month. The order was part of its landmark ruling granting Mr. Trump broad immunity against criminal prosecution for acts arising from his presidency. A key element of that decision requires Judge Chutkan to sort through the 45-page indictment accusing Mr. Trump of plotting to overturn the results of the 2020 election, and decide which of its many allegations can move forward to trial and which arise from official acts of his presidency and will have to be tossed out.
Persons: Donald J, Tanya S, Jack Smith, Trump, Chutkan, Mr Organizations: Supreme Locations: Washington
Ismael Zambada García, one of the founders of the Sinaloa drug cartel in Mexico, appeared in court in Texas on Thursday, one week after he was kidnapped by his former business partner’s son and flown across the U.S. border into the hands of American agents. The appearance in Federal District Court in El Paso for an initial hearing was routine as a legal matter, but it also represented a consequential moment in the history of the drug war. It was the first time that Mr. Zambada García, a wily drug lord who had managed to evade capture for decades, was brought before a judge to be held accountable for what prosecutors have described as a nearly 50-year career of drug dealing, murder and corruption. Last week, that career was cut short when Mr. Zambada García, who is 76 and known as El Mayo, was lured from one of his mountain hide-outs to the Mexican city of Culiacán, which has long served as a stronghold for the Sinaloa cartel. Instead, he was ambushed, muscled onto a plane and flown across the border to a small regional airport near El Paso.
Persons: Ismael Zambada García, Zambada, Zambada García, El Organizations: Court Locations: Sinaloa, Mexico, Texas, U.S, El Paso, El Mayo, Mexican, Culiacán
A son of El Chapo, the jailed Mexican drug lord, pleaded not guilty to federal drug conspiracy charges on Tuesday, five days after taking a dramatic private flight across the border and surrendering himself and his father’s former business partner to U.S. officials at an airport near El Paso. At a hearing in Federal District Court in Chicago, the son, Joaquín Guzmán López, faced an American judge for the first time since he was charged in that city last year with serving as a high-ranking member of the Sinaloa drug cartel. Included in the same indictment were his three brothers, his father and Ismael Zambada García, his father’s onetime partner in crime. On Thursday, federal officials said, Mr. Guzmán López kidnapped Mr. Zambada García after luring him down from one of his mountain hide-outs to the Mexican city of Culiacán, which has long served as the urban stronghold for the Sinaloa cartel. After the two men's bodyguards clashed, the officials said, Mr. Guzmán López forcibly put his captive onto a private plane and flew him over the border and into the hands of U.S. federal agents.
Persons: El Chapo, Joaquín Guzmán, Ismael Zambada García, Guzmán López, Zambada, , Zambada García, N.M Organizations: Federal, Court, U.S Locations: Mexican, El Paso, Chicago, Sinaloa, Culiacán, Mexico, Santa Teresa
In the hours after the arrest of Ismael Zambada García, the last remaining godfather of Mexico’s Sinaloa drug cartel, U.S. officials gave their early understanding of the mystery at the center of it all: How did a fugitive who had evaded capture for decades end up being delivered straight into their hands? Mr. Zambada García, the officials said, had been lured by a son of his former partner in crime, the notorious drug lord known as El Chapo, onto a private plane that flew him without his permission over the border. But after a fuller vetting of the account of El Chapo’s son, Joaquín Guzmán López, with people who had knowledge of it, American officials have since come away with a different and more dramatic version of what took place in Mexico. Mr. Zambada García, one of his country’s most wanted men, had come down from a hide-out in the mountains last week and was ambushed in the Mexican city of Culiacán at what he thought would be a friendly meeting with Mr. Guzmán López, according to three federal law enforcement officials who spoke anonymously to discuss sensitive details of the case. Mr. Guzmán López then forcibly flew Mr. Zambada García in a Beechcraft King Air turboprop across the border, where he was apprehended by U.S. federal agents, the officials said.
Persons: Ismael Zambada García, Zambada García, El, El Chapo’s, Joaquín Guzmán, Guzmán, Guzmán López, Zambada Organizations: Beechcraft King Air Locations: Sinaloa, U.S, Mexico, Mexican, Culiacán
It sounded like a story ripped from a narco thriller: One of the biggest drug lords in Mexico was lured onto an airplane, flown across the border and presented to American federal agents by the son of his former partner in crime. As improbable as it may seem, that is exactly what appears to have happened on Thursday evening, when a Beechcraft King Air turboprop landed at a small municipal airport outside El Paso, and off stepped one of the most wanted men in Mexico: Ismael Zambada García, a founder of the notorious Sinaloa drug cartel. Mr. Zambada García, known as El Mayo, had for decades evaded capture by both Mexican and American officials, living a life of luxurious simplicity in the mountains of Sinaloa — despite the $15 million U.S. bounty on his head. But in the end, U.S. officials said, he was betrayed by an unlikely foe: a son of his closest criminal ally, Joaquín Guzmán Loera, the infamous drug lord known as El Chapo, who is now serving a life sentence in an American federal prison.
Persons: Ismael Zambada García, Zambada García, Sinaloa —, Joaquín Guzmán Loera, El Chapo Organizations: Beechcraft King Air Locations: Mexico, El Paso, Sinaloa, El Mayo, U.S
On Today’s Episode:Arson Disrupts Trains Ahead of Opening Ceremony at Olympics, by Aurelien Breeden, John Yoon and Andrew DasHarris Narrows Gap Against Trump, Times/Siena Poll Finds, by Shane Goldmacher, Ruth Igielnik and Camille BakerObama Endorses Harris for the Democratic Nomination, by Jazmine Ulloa and Reid J. EpsteinSpeculation Swirls About What Hit Trump. An Analysis Suggests It Was a Bullet, by Malachy Browne, Devon Lum, and Alexander CardiaTwo Top Mexican Cartel Leaders Are Arrested by U.S. Authorities, by Alan Feuer and Natalie Kitroeff
Persons: Aurelien Breeden, John Yoon, Andrew Das, Shane Goldmacher, Ruth Igielnik, Camille Baker Obama, Harris, Jazmine Ulloa, Reid J, Epstein, Malachy Browne, Devon Lum, Alexander Cardia, Alan Feuer, Natalie Kitroeff Organizations: Times, Democratic, Mexican, U.S . Authorities Locations: Trump
American law enforcement has arrested two top leaders of the powerful Sinaloa Cartel, one of the most dominant criminal groups in Mexico, the Justice Department said on Thursday. The two operatives, Ismael Zambada García and Joaquín Guzmán López, are among the most powerful drug traffickers in Mexico and command massive transnational cocaine and fentanyl businesses that move narcotics into the United States, Europe and elsewhere. Both men were in custody in El Paso, Texas. Mr. Zambada García, who is known as “El Mayo,” has been pursued by the U.S. government for years and has been charged in several federal indictments stretching back more than two decades. He has never been imprisoned, unlike his top ally, Joaquín Guzmán Loera, known as El Chapo, who was extradited to the United States, convicted in Brooklyn federal court in 2019 and sentenced to life in prison on drug conspiracy charges.
Persons: Ismael Zambada García, Guzmán, Zambada García, El, , Joaquín Guzmán, El Chapo Organizations: Sinaloa Cartel, Justice, U.S Locations: Sinaloa, Mexico, United States, Europe, El Paso , Texas, El Mayo, Brooklyn
The Voting Machine Conspiracy Theorists Are Still at It
  + stars: | 2024-07-20 | by ( Alan Feuer | ) www.nytimes.com   time to read: +1 min
Nearly four years later, zealous supporters of former President Donald J. Trump who promoted the conspiracy theory that Dominion Voting Systems had rigged its machines to rob him of the 2020 election are still at it. Even though Dominion has aggressively defended itself in court, a network of pro-Trump activists has continued to push false claims against the company, often by seeking to use information gleaned from the very defamation lawsuits the firm has filed against them. The network includes wealthy business executives like Patrick Byrne, who once ran Overstock.com, and Mike Lindell, the founder of the bedding company MyPillow. Both have sought without credible evidence to put Dominion at the heart of a vast conspiracy to deny Mr. Trump a victory. It also includes a pro-Trump sheriff from southwest Michigan, a former election official from Colorado and Mr. Byrne’s own lawyer, who is facing charges of tampering with Dominion machines and who once worked alongside Mr. Trump’s legal team in claiming that the company was part of a plot to subvert the last election.
Persons: Donald J, Trump, Patrick Byrne, Mike Lindell, Byrne’s Organizations: Systems, Trump, Dominion, Mr Locations: Dominion, Michigan, Colorado
On Today’s Episode:Takeaways From Day One of the Republican Convention, by Jonathan WeismanHow J.D. Vance Won Over Donald Trump, by Jonathan Swan and Maggie HabermanBystanders Warned Law Enforcement of the Gunman Two Minutes Before He Began Shooting, Video Shows, by David Botti, Malachy Browne, Haley Willis, Riley Mellen and Dmitriy KhavinJudge Dismisses Classified Documents Case Against Trump, by Alan FeuerThe World Is Pushing Clean Energy. Oil Companies Are Thriving, by Rebecca F. Elliott
Persons: Jonathan Weisman, J.D, Vance Won, Donald Trump, Jonathan Swan, Maggie Haberman, David Botti, Malachy Browne, Haley Willis, Riley Mellen, Dmitriy Khavin, Alan Feuer, Rebecca F, Elliott Organizations: Republican, Trump, Energy . Oil Companies
Judge Dismisses Classified Documents Case Against Trump
  + stars: | 2024-07-15 | by ( Alan Feuer | ) www.nytimes.com   time to read: +1 min
The federal judge overseeing former President Donald J. Trump’s classified documents case threw out all of the charges against him on Monday, ruling that Jack Smith, the special counsel who filed the indictment, had been given his job in violation of the Constitution. In a stunning decision delivered on the first day of the Republican National Convention, the judge, Aileen M. Cannon, found that Mr. Smith’s appointment as special counsel was improper because it was not based on a specific federal statute and because he had not been named to the post by the president or confirmed by the Senate. She also found that Mr. Smith had been improperly funded by the Treasury Department. The ruling by Judge Cannon, who was put on the bench by Mr. Trump in his final year in office, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been put into their posts.
Persons: Donald J, Trump’s, Jack Smith, Aileen M, Cannon, Smith’s, Smith, Judge Cannon, Trump Organizations: Republican National Convention, Senate, Treasury Department, Mr
Even before her bombshell decision on Monday to dismiss former President Donald J. Trump’s classified documents case, Judge Aileen M. Cannon had made any number of unorthodox rulings. In fact, since Judge Cannon took control of the case in June 2023, many of her decisions have been so outside the norm that they have fueled intense criticism of her legal acumen, stoked questions about favoritism toward Mr. Trump and slowed the documents case sufficiently that it would not come to trial before Election Day. Still, almost no one, including some defense lawyers working on the case, expected Judge Cannon to throw out the charges against Mr. Trump by ruling that Jack Smith, the special counsel who filed the indictment, had been unconstitutionally appointed to his job — especially on the first day of the Republican National Convention. The ruling upended 25 years of Justice Department procedure for naming and governing special counsels and called into question decisions by previous courts reaching back to the Watergate era.
Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon, Trump, Jack Smith Organizations: Mr, Republican National Convention
PinnedUpdated July 15, 2024, 10:28 a.m. ETA federal judge dismissed in its entirety the classified documents case against former President Donald J. Trump on Monday, ruling that the appointment of the special counsel, Jack Smith, had violated the Constitution. The ruling by Judge Cannon, who was put on the bench by Mr. Trump, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been named. And in a single swoop, it removed a major legal threat against Mr. Trump on the first day of the Republican National Convention, where he is set to formally become the party’s nominee for president. Mr. Smith’s team will almost certainly appeal the ruling by Judge Cannon throwing out the classified documents indictment, which charges Mr. Trump with illegally holding onto a trove of highly sensitive state secrets after he left office and then obstructing the government’s repeated efforts to retrieve them.
Persons: Donald J, Trump, Jack Smith, Aileen M, Cannon, Smith, Judge Cannon, Smith’s Organizations: Senate, Mr, Republican National Convention
The federal judge overseeing former President Donald J. Trump’s classified documents case on Saturday rejected an effort by one of his co-defendants to have the charges he is facing dismissed by claiming that he was the victim of a vindictive prosecution by the government. The co-defendant, Walt Nauta, who works as a personal aide to Mr. Trump, had accused prosecutors in the office of the special counsel, Jack Smith, of unfairly indicting him because he declined to help their efforts to build a case against the former president by testifying against him in front of a grand jury. Mr. Nauta’s lawyer, Stanley Woodward Jr., also claimed that at a meeting at the Justice Department two years ago, prosecutors had threatened to derail a judgeship he was seeking if he did not prevail on his client to turn on Mr. Trump. But in an order issued on Saturday night, Judge Aileen M. Cannon rejected those arguments, ruling that even though Mr. Nauta had refused to provide testimony against Mr. Trump, there was “no evidence suggesting that charges were brought to punish him for doing so.”
Persons: Donald J, Trump’s, Walt Nauta, Trump, Jack Smith, Nauta’s, Stanley Woodward Jr, Aileen M, Cannon, Nauta, Organizations: Justice Department
Lawyers for former President Donald J. Trump on Friday asked the judge overseeing his classified documents case to put that proceeding almost entirely on hold as they sort through whether Mr. Trump enjoys immunity from the charges based on a landmark Supreme Court ruling this week. On Monday, the Supreme Court granted Mr. Trump broad immunity against criminal prosecution for his official acts as president. The ruling came after months of legal wrangling arising from his other federal case — the one in Washington in which he stands accused of plotting to overturn the 2020 election. His lawyers are now trying to apply that ruling to the documents case. “Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the presidency arising from this unconstitutional investigation and prosecution,” the lawyers wrote.
Persons: Donald J, Trump, Judge Aileen M, Cannon Organizations: Supreme Locations: Washington
Near the end of his opinion on executive immunity, Chief Justice John G. Roberts Jr. pooh-poohed the fears of his liberal colleagues who worried in dissent that the broad protections the Supreme Court had conferred on former President Donald J. Trump would place future presidents beyond the reach of the law. The real concern, Chief Justice Roberts said, was not that immunity would embolden presidents to commit crimes with impunity, but rather that without it, the country’s rival leaders would endlessly be at each others’ throats. “The dissents overlook the more likely prospect of an executive branch that cannibalizes itself,” he wrote, “with each successive president free to prosecute his predecessors.”That dark vision, however right or wrong it proves to be, did not come out of nowhere: It was offered to the court by Mr. Trump’s own lawyers during oral arguments on the question of immunity that took place in April.
Persons: John G, Roberts Jr, Donald J, Trump, Justice Roberts, , Trump’s
The Supreme Court’s decision on Monday about executive immunity makes it all but certain that former President Donald J. Trump will not stand trial on charges of seeking to overturn the last election before voters decide whether to send him back to the White House in the next one. But the ruling also opened the door for prosecutors to detail much of their evidence against Mr. Trump in front of a federal judge — and the public — at an expansive fact-finding hearing, perhaps before Election Day. It remains unclear when the hearing, which was ordered as part of the court’s decision, might take place or how long it would last. But it will address the big question that the justices kicked back to the trial court, which is how much of Mr. Trump’s indictment can survive the ruling that former presidents enjoy immunity for official actions they take in office. And it will be held in Federal District Court in Washington in front of the judge, Tanya S. Chutkan, who was handling the case before it was frozen more than six months ago as a series of courts considered his immunity claims.
Persons: Donald J, Trump, , Tanya S, Chutkan Organizations: White, Court Locations: Washington
The Supreme Court’s decision on Friday that prosecutors had misused an obstruction law in charging hundreds of rioters who attacked the Capitol is the latest example of the persistent challenges the Justice Department has faced in grappling with the consequences of Jan. 6, 2021. By and large, the department has succeeded over the past three years in moving against members of the pro-Trump mob who sought to disrupt the certification of President Biden’s victory on Jan. 6, and in winning convictions on seditious conspiracy charges against members of two far-right groups that were instrumental in stoking the violence that day, the Proud Boys and the Oath Keepers. But lacking any established legal blueprint for addressing an assault on the foundations of democracy, prosecutors sometimes got creative with the law. And that has left them vulnerable to second-guessing by the courts on how they have pursued criminal cases both against the rioters and against former President Donald J. Trump, and contributing to a long series of challenges and delays. The court’s new ruling on the obstruction law will hardly cripple the Justice Department’s ability to go after the rioters, but it will constrain prosecutors by restricting the use of an important tool they have relied on to seek accountability against the most disruptive members of the mob.
Persons: Biden’s, Donald J, Trump Organizations: Capitol, Department, Trump
The Supreme Court sided on Friday with a member of the mob that stormed the Capitol on Jan. 6, 2021, saying that prosecutors had overstepped in using an obstruction law to charge him. Nor was it clear that a ruling in Mr. Fischer’s favor would erase the two charges against Mr. Trump under the law. 23-5572, was whether the law could be used to prosecute Mr. Fischer, a former Pennsylvania police officer. According to the government, Mr. Fischer sent text messages to his boss, the police chief of North Cornwall Township, Pa., about his plans for Jan. 6. “When the crowd breached the Capitol, Mr. Fischer was in Maryland, not Washington, D.C.,” his lawyers wrote in their brief.
Persons: Donald J, Trump, John G, Roberts, Ketanji Brown Jackson, Amy Coney Barrett, Joseph W, Fischer, Fischer’s, Jack Smith, Trump’s, Mr, , , ” Mr, Joseph R, Biden, Judge Florence Y, Judge Gregory G, Katsas Organizations: Capitol, Mr, Sarbanes, Oxley, Enron Corporation, ” Prosecutors, D.C, Congress, Appeals, District of Columbia Circuit Locations: United States, Pennsylvania, North Cornwall Township, Pa, Maryland, Washington
Stephen K. Bannon, the longtime ally of former President Donald J. Trump, will have to report to federal prison on Monday after the Supreme Court rejected his final effort to stave off a four-month sentence for contempt of Congress. In a single-sentence decision issued on Friday, the court rejected Mr. Bannon’s request to remain free while he challenges his conviction on charges of defying a subpoena from the House committee that investigated the Jan. 6, 2021, attack on the Capitol. Mr. Bannon had filed a last-ditch petition to Chief Justice John G. Roberts Jr. last week, asking for permission to hold off on surrendering to the authorities. In July 2022, Mr. Bannon was found guilty at a trial in Washington of ignoring the subpoena, which sought information about his role in the events of Jan. 6. Even though he was sentenced to four months in prison, he was initially allowed to remain free while he pursued a lengthy appeals process.
Persons: Stephen K, Bannon, Donald J, Trump, Bannon’s, John G, Roberts Jr, Carl J, Nichols Organizations: Capitol Locations: Washington
The federal judge overseeing former President Donald J. Trump’s classified documents case said on Thursday that she intended to look anew at a hugely consequential legal victory that prosecutors won last year and that served as a cornerstone of the obstruction charges filed against Mr. Trump. In her ruling, the judge, Aileen M. Cannon, said she would hold a hearing to reconsider another judge’s decision to allow prosecutors to pierce the attorney-client privilege of one of Mr. Trump’s lawyers under what is known as the crime-fraud exception. That provision allows the government to get around the normal protections afforded to a lawyer’s communications with a client if it can prove that legal advice was used to commit a crime. Depending on how Judge Cannon ultimately rules, her decision to redo the fraught and lengthy legal arguments about the crime-fraud exception could deal a serious blow to the obstruction charges in the indictment of Mr. Trump. Even if she ends up confirming the initial judge’s findings, holding yet another hearing on the issue will take more time and play into Mr. Trump’s strategy of delaying the case from going to trial for as long as possible.
Persons: Donald J, Trump’s, Trump, Aileen M, Cannon, Judge Cannon, Mr Organizations: Mr
The federal judge overseeing former President Donald J. Trump’s classified documents case showed little patience on Tuesday with an argument by his lawyers that the F.B.I.’s search two years ago of Mar-a-Lago, his private club and residence in Florida, was conducted improperly. The judge, Aileen M. Cannon, has granted a serious audience to several far-fetched arguments by Mr. Trump’s lawyers. could search and what items it could seize. “It seems like it is,” Judge Cannon said, disagreeing with Mr. Trump’s lawyers about the question of specificity and all but ruling against them from the bench. “I have a hard time seeing what other language needed to be included.”
Persons: Donald J, Trump’s, Aileen M, Cannon, Judge Cannon, , Organizations: Federal, Court Locations: Mar, Florida, Fort Pierce, Fla
The federal judge overseeing former President Donald J. Trump’s classified documents case posed tough questions on Monday to prosecutors who have asked her to bar him from making inflammatory statements that might endanger any F.B.I. At a contentious hearing in Federal District Court in Fort Pierce, Fla., the judge, Aileen M. Cannon, seemed disinclined to impose new conditions on Mr. Trump that would limit what he could say about the F.B.I. The court-authorized search was a crucial element of the government’s investigation, leading to the discovery of more than 100 classified documents that Mr. Trump kept after leaving office. The hearing was the latest clash between Mr. Trump’s lawyers and prosecutors in the office of the special counsel, Jack Smith. It centered on a knotty issue that has now cropped up in several of the former president’s legal cases: how to balance Mr. Trump’s right to attack the government — even falsely — against shielding the participants in the cases from threats of violence or harassment inspired by his incendiary remarks.
Persons: Donald J, Trump’s, Aileen M, Cannon, Trump, Prosecutors, Jack Smith, Organizations: Federal, Court Locations: Fort Pierce, Fla, Mar, Florida
Former President Donald J. Trump in Racine, Wis., on Tuesday. His campaign said it raised $53 million online in the 24 hours after he was convicted of 34 felony charges last month. Credit... Doug Mills/The New York Times
Persons: Donald J, Trump, Doug Mills Organizations: New York Locations: Racine, Wis
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