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AdvertisementDonald Trump will use his new status as president-elect in a renewed effort to challenge his upcoming sentencing on his Manhattan hush-money conviction, legal experts predicted Wednesday. A US District Court judge rejected that effort in September, and it remains under appeal by the Second Circuit Court of Appeals. "Any of those tracks can get you to the US Supreme Court pretty fast, if that's his goal," Paradis said. REUTERS/Jane RosenbergA 'unique place in this nation's history'Merchan addressed the unique circumstances of prosecuting, trying, and sentencing Trump in September, when he agreed to delay the sentencing for a second time. "A state judge is now potentially setting himself up to sentence the most powerful federal officer in the world."
Persons: Trump, , Donald Trump, Stormy Daniels, He's, Charles Solomon, that's, Solomon, Timothy A, Clary, he's, Juan Merchan, Attorney Alvin Bragg, Merchan, — Trump, Michel Paradis, Paradis, Jane Rosenberg, Mark Bederow, Bederow, Todd Blanche, Emil Bove ., it's, Neama Rahmani, Bragg Organizations: BI, Trump, Service, GOP, Reuters, New, Attorney, Second, Appeals, Columbia Law School, Court, Trump v ., New York City, Joint Chiefs, Staff, United States Supreme, West, Trial Locations: NY, New York, Manhattan, United States, Trump v, Trump v . United States, Central Park
A former warden at the facility told Business Insider that Combs can expect to be treated like any of the other 1,200 inmates at the Brooklyn jail. Advertisement"Any time one is being detained at the Metropolitan Detention Center, it's never going to be a picnic," Cameron Lindsay, the retired warden, told BI. Sean "Diddy" Combs is currently being housed at an infamous Brooklyn jail. "Given his status as a celebrity and a rap star, I would believe, of course, that he would be single-celled and isolated under very austere conditions," Cameron Lindsay told BI. Numerous Courts in this district have raised concerns with the horrific conditions of detention there," Combs' lawyers wrote.
Persons: , Sean, Diddy, Combs, Kelly, Sam Bankman, Ghislaine Maxwell —, it's, Cameron Lindsay, Mark Bederow, Lucas Jackson, Bederow, Robyn Tarnofsky, Lindsay Organizations: Service, Federal Bureau of Prisons, Metropolitan Detention, Business, MDC Locations: Los Angeles, Miami, Brooklyn, Manhattan, Beverly Hills
Read previewThe chances of Donald Trump spending any time behind bars after a jury found Trump guilty on all counts in his New York hush-money trial are slim to none, legal experts told Business Insider. This story is available exclusively to Business Insider subscribers. Defense attorneys told Business Insider that besides jail time, prosecutors could try to impose a large fine, community service, or probation on the former president. Aidala said if prosecutors "really want to embarrass" the former president "they may ask for community service." Any kind of community service would likely be "private," so Trump couldn't be "out there cleaning a park or picking up garbage," Aidala said.
Persons: , Donald Trump, Trump, Stormy Daniels, Attorney Alvin Bragg, Arthur Aidala, Aidala, Mark Bederow, Jeremy Saland, Bragg Organizations: Service, Business, Manhattan, Attorney, Trump, New York State, Democrat Locations: New York, Brooklyn, New York County, Manhattan
AdvertisementDonald Trump enters his first criminal trial every day flanked by lawyers, court officers, Secret Service members, and political advisors. AdvertisementFormer President Donald Trump speaks alongside his wife, former first lady Melania Trump, during a rare joint appearance as they arrived to vote in Florida's primary election. Bederow explained that Melania Trump's courtroom support could be "potentially very powerful" given the salacious nature of the hush-money case against Trump. Danilewitz said Trump's defense team may have a different strategy in mind when it comes to Melania Trump. If Trump's family does decide to show up Monday, they might want to wear sweaters.
Persons: Donald Trump's, , Donald Trump, Melania Trump, Giorgio Viera, Mark Bederow, Bederow, Melania, I'm, Trump, Stormy Daniels, Daniels, Jill Huntley Taylor, Huntley Taylor, they're, he's, Julia Vitullo, Martin, Trump's, it's, Sam Bankman, Fried, Ghislaine Maxwell, Jeffrey Epstein, Jane Rosenberg Melania Trump, Jean Carroll, Carroll, Justin Danilewitz, Brendan McDermid, Arthur Aidala, Rudy Giuliani, Harvey Weinstein, It's, That's, Aidala, Danilewitz, Todd Blanche, Susan Necheles, Emil Bove, Gedalia Stern —, Steven Cheung, Jason Miller, Margo Martin, Natalie Harp, Clifford Robert, Donald Trump ., Ivanka Trump, Eric Trump, Donald Trump Jr, Donald Jr Organizations: Service, Secret Service, Getty, Trump, Prosecutors, Vera Institute of Justice, REUTERS, AP, Former Brooklyn, New, Trump Organization, Melania Trump, New York Times Locations: Manhattan, New York
Trump has griped that his ongoing criminal hush-money trial — for 34 counts of falsifying business documents — is impairing his campaign to recapture the presidency. He has scheduled events across the country on Wednesdays, the one day each week the trial is not scheduled to take place. According to The Washington Post, Trump's legal team has decided not to stipulate to anything and to fight over everything. (Daniels and Trump were photographed together in 2006, and Daniels attended a Trump vodka event the following year.) This can be "frustrating" for the court in a practical sense, Bederow said, but Trump "has a right to do it."
Persons: , Donald Trump, Trump, didn't, Barron's, Mark Bederow, Stormy Daniels, Michael Cohen, Daniels, Cohen, Stephanie Clifford, Bederow, That's Organizations: Service, Business, Trump, Trump's, The Washington Post, Republican, District Locations: Manhattan, Pennsylvania, Florida, North Carolina , Georgia
Citing a filing from Wade's divorce proceedings, attorneys for the defendants alleged that Wade and Willis had an improper relationship. A witness for the defense attorneys alleged Thursday that Willis and Wade's relationship began in 2019. Nathan Wade, the Georgia prosecutor who admitted to a relationship with his colleague, Fulton County DA Fani Willis, in court. Fulton County DA Fani Willis testifies at a hearing Feb. 15 in Atlanta on her relationship with Special Prosecutor Nathan Wade. Most experts were skeptical that the evidence presented Thursday would lead to Willis or Wade being dismissed from the case.
Persons: , Fani Willis, Nathan Wade, Donald Trump, Scott McAfee, Willis, Wade, pugnacious, Mike Roman, Trump, Stephen Gillers, McCaffee, I've, It's, Gillers, Norman Eisen, Trump's, DA Willis, Eisen, Sarah Krissoff, Krissoff, Mark Bederow, wasn't, Bederow, Neama, Cash, Rahmani, Pool Willis, I'm Organizations: Service, Business, Trump, Fulton, New York University, YouTube, Willis Locations: ATLANTA , Georgia, Fulton County, Georgia, Atlanta, New York, Manhattan, California
download the appSign up to get the inside scoop on today’s biggest stories in markets, tech, and business — delivered daily. Read previewIn an unprecedented verdict on Tuesday, Jennifer Crumbley was found guilty for her son's 2021 rampage that left four of his Michigan classmates dead. And the verdict should put parents on alert that they, too, could be held criminally responsible for the heinous acts of their children who have easy access to guns. Prosecutors painted Jennifer Crumbley as an unaware and negligent mother who was consumed with an extramarital affair . Kris Brown, the president of Brady, a non-profit working to prevent gun violence, said that "irresponsible behavior" like that of Jennifer Crumbley "is why 76% of school shooters under the age of 18 get their firearms from home."
Persons: , Jennifer Crumbley, it's, Neama Rahmani, James Crumbley, Rahmani, Karen McDonald, Hana, Juliana, Justin Shilling, Madisyn Baldwin, Mark Bederow, Bederow, Jennifer Crumbley's, bode, Kris Brown, Brady, Brown Organizations: Service, Business, West, Prosecutors, Tate, Defense Locations: Michigan, America, United States, Oakland, Hana St, Manhattan
Read previewDonald Trump appears to be treating his planned appeal in the second E. Jean Carroll defamation case like his former reality TV show, "The Apprentice." Tacopina withdrew from Trump's legal team shortly before the second trial began. That left Habba in charge of defending Trump for his second trial, which resulted in a considerably higher jury verdict. Trump, Rahmani said, "probably realizes that he lost the second Carroll trial so badly in part due to Alina Habba's limited trial experience and that he needs experienced appellate counsel." The judge, conscious of Trump's intent to appeal the second trial results, told as much to Trump in the courtroom before he testified.
Persons: , Donald Trump, Jean Carroll, Carroll, defaming, Trump, Lewis Kaplan, Alina Habba, Michael Madaio, Joe Tacopina, Habba, Tacopina, Kaplan, — Habba, Matthew Cronin, Mark Bederow, Madaio, Judge Kaplan, Mary Altaffer Habba, Joshua Matz, Kaplan Hecker, Fink, Kaplan's, Neama, Rahmani, Alina Habba's, Bederow Organizations: Service, Business, Hunts, Manhattan, American System of Justice, Trump, Associates, Trump —, Habba, AP, Kaplan, Fink LLP Locations: Carroll's, Manhattan, New York, Washington
The news that former White House chief of staff Mark Meadows is cooperating should concern Trump. download the app Email address Sign up By clicking “Sign Up”, you accept our Terms of Service and Privacy Policy . AdvertisementAdvertisementThus far, most of the investigations into Trump, especially his efforts to overturn the 2020 election, have relied on lower-ranking aides. Willis previously issued a sweeping indictment against Trump and his allies for trying to overturn Georgia's 2020 presidential election results. There's also the original Trump flipper, his former fixer Michael Cohen, who testified in Trump's civil fraud trial on Tuesday.
Persons: Donald Trump, Mark Meadows, Trump, , Donald Trump's, Jack Smith's, Mark Bederow, it's, Cassidy Hutchinson, Meadows, Brad Raffensperger, Bederow, Mike Pence, Pence, MAGA expats, Jenna Ellis, Sidney Powell, Kenneth Chesebro —, Fani Willis, Willis, Georgia's, Ellis, Rudy Giuliani, Giuliani, There's, Michael Cohen, Cohen, spiller Organizations: White House, Service, Trump . ABC News, Bloomberg, Trump, Republican, Georgia, Capitol, New York Locations: Manhattan, Meadows, Washington, DC, Fulton County
A former prosecutor saidTrump should be worried about his ex-attorneys' plea deals in Georgia. Sidney Powell and Kenneth Chesebro struck deals in the Georgia 2020 election interference case. He emphasized that it's "real bad with a capital B" for Trump. Additionally, Bederow said, the plea deals will likely bolster the public's perception in the legitimacy of the charges and could prompt other co-defendants in the case to turn on Trump. Trump's team downplayed the significance of the plea deals in a statement.
Persons: saidTrump, Sidney Powell, Kenneth Chesebro, Trump, , Donald Trump, Mark Bederow, Bederow, Nobody, it's Trump, Powell, Rudy Giuliani, Jenna Ellis, Mark Meadows, Chesebro, Fani Willis, they're, deprives Trump, Steve Sadow, Grace Goodwin Organizations: Service, Trump, New York City, White House, GOP, Getty, Fulton, intel Locations: Georgia, New York, Fulton County, Manhattan, Powell, Fulton
Hunter Biden's plea deal with federal prosecutors is "far from standard operating procedure," a legal expert said. The president's son has agreed to plead guilty to two criminal misdemeanors of failing to pay income tax. Bederow, who called Hunter Biden's reported full payment back to the IRS a "significant factor," added that it's "fair" to question whether Hunter Biden received special treatment in the case. Despite owing in excess of $100,000 in federal income taxes each year, he did not pay the income tax due for either year." "At the end of the day, at least for now, Hunter Biden will be a convicted tax cheat," said Bederow.
Persons: Hunter, Biden, , Joe Biden, Hunter Biden, Hunter Biden wouldn't, Arthur Aidala, Aidala, what's, Ghislaine Maxwell, Harvey Weinstein —, he's, It's, David Weiss, Donald Trump, Mark Bederow, Joe Schmo, Bederow, Hunter Biden's, Trump, Weiss Organizations: Service, Justice Department, Prosecutors, Associated Press, The Washington, Delaware Locations: Brooklyn, Manhattan
An indictment is the formal notification that a grand jury has brought charges against a defendant. A grand jury is convened in some criminal cases to decide if prosecutors have enough evidence to go to trial. With that vote, 76-year-old Trump became the first former US president ever to be indicted on criminal felony charges in American history. Federally, like in Trump's Miami case, all felony charges are also presented to a grand jury for a similar process. NICHOLAS KAMM/AFP via Getty ImagesWhy was Trump indicted — twice?
Persons: , Donald Trump, Trump, Stormy Daniels, Jack Smith, Mark Bederow, Bederow, that's, Jens Stoltenberg, NICHOLAS KAMM, Daniels, Michael Cohen, Trump's, Cohen, Waltine Organizations: Service, Trump, US Department of Justice, Nato, Winfield House, Getty, Justice, Mar, National Archives Locations: Manhattan, Mar, New York, York, Trump's Miami, London
The judge likely overseeing the case is Judge Aileen Cannon, whom Trump appointed. Former prosecutors say Trump could turn on Cannon if she ever sides against him in the case. But former prosecutors told Insider that even though Trump appointed Cannon, he could still turn on her if she ever sides against him in the case. Bederow told Insider that Trump will probably initially see Cannon being assigned to the case as a "good thing" — up until "something goes against him." Trump has not yet spoken out about Cannon likely being assigned the case.
Persons: Trump, Aileen Cannon, Cannon, , Donald Trump, Mark Bederow, Bederow, Duncan Levin, Levin Organizations: of Justice, Service, US, Manhattan District, Department, White, Southern District of, Attorney's Locations: Florida, Lago, Southern District, Southern District of Florida, Manhattan
GOP Congressman George Santos pleaded not guilty Wednesday to 13 counts of campaign-related fraud. Its 20 pages present a "slam dunk" case, and paint Santos as "buffoonish," "delusional," and "The definition of a dumb criminal," they said. "He provided a trail that — I want to say FBI bloodhounds, but FBI cocker spaniels could follow," longtime Manhattan defense attorney Ron Kuby said. Santos' repeated, ongoing lies dragged him into the spotlight — now they could land him behind bars, experts noted. Santos "told a lot of lies on federal documents," another longtime Manhattan defense attorney, Arthur Aidala, said, describing the indictment allegations in a nut shell.
The NY judge handling Donald Trump's criminal case made a $15 donation to President Joe Biden's campaign in 2020. Legal experts told Insider that it likely won't get the judge thrown off the case. But it will "feed the Trump PR beast" and doesn't bode well for public perception, the experts said. Legal experts told Insider on Friday that the political donations likely won't get New York Supreme Court Justice Juan Merchan thrown off of Trump's case, but that it will "feed the Trump PR beast" and doesn't bode well for public perception. "The Trump people will pounce on that"Former President Donald Trump appears in court for his arraignment, on April 4, 2023 in New York.
Donald Trump is apparently trying to get the judge overseeing his indictment recused by verbally attacking him. That's according to New York Times reporter Maggie Haberman. "Trump is trying to change the judge, which is one of the things we've seen Trump do in other cases over time," she said. Trump attorneys asked Merchan to recuse himself from the Trump Organization payroll-tax prosecution last year, but the judge declined to do so. "Do I think that it's probably crossing his mind that this is a way in his mind to have the judge recuse?
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.
Cohen pleaded guilty to violating federal campaign finance law in 2018 over the payment to Daniels, though Trump was not charged with a crime then. It is unclear what additional evidence, if any, Bragg may have presented to the grand jury in support of the indictment. Bragg told reporters on Tuesday that the law does not require his office to specify the underlying crimes in the indictment. That could help Bragg's office demonstrate to a jury Trump intended to commit a crime, other legal experts said. The indictment also left some lingering doubts as to how prosecutors would prove Trump intended to commit a crime.
State attorneys and former prosecutors worried that Trump's indictment would solely revolve around Michael Cohen as a witness. But Trump's indictment depends on more than Cohen — the NY DA alleges Trump paid off another woman, too. Mark Bederow, a former prosecutor, previously told Insider that resting an indictment of this caliber solely on Cohen would be disastrous. "You wouldn't rely on Michael Cohen to tell you the time of day unless you corroborated it with a clock. Like Daniels, prosecutors allege that Trump, Pecker, and Cohen teamed up to silence former Playboy Playmate Karen McDougal in June 2016.
"I do not see a scenario where Donald Trump spends one minute in jail," one defense attorney told Insider. It's more possible Trump could face a fine, community service, or probation, experts said. "I can't say for absolute 100% certainty there can't be jail because on the books, he can go to jail," said high-profile defense attorney and former Brooklyn prosecutor Arthur Aidala. Any kind of community service would likely be "private" so Trump couldn't be "out there cleaning a park or picking up garbage," Aidala said. Also, in 2018, former Trump attorney Michael Cohen pleaded guilty to criminal charges in Manhattan federal court in connection to the the hush-money payments.
January 6 rioter Jacob Chansley, known as the "QAnon Shaman," has been released from prison early. Chansley was moved to a halfway house in Arizona, his trial lawyer told Insider. Chansley was let out of prison after serving 27 months of his 41-month sentence. Chansley's projected release date from any kind of federal custody is May 25, the Bureau of Prisons spokesperson said. Former New York prosecutor Mark Bederow told Insider that it is "common" for federal inmates to get their sentences lessened under the First Step Act, which was passed in 2018.
A former prosecutor for the Manhattan district attorney's office said the office better win its case against Trump. He told Insider the "credibility and reputation" of the entire office was at stake. Mark Bederow, a high-profile criminal defense attorney and former Manhattan prosecutor, told Insider the whole DA office's reputation depends on it. Bederow added that the Manhattan district attorney's office has "immersed itself in a presidential election" by bringing charges against a former president, something that has never happened in US history. Bederow previously told Insider that a case against Trump based solely on the hush-money payments was "likely to fail."
An indictment is the formal notification that a grand jury has brought charges against a defendant. A grand jury is convened in some criminal cases to decide whether prosecutors have enough evidence to bring a defendant to trial. "An indictment is a finding by a grand jury that there is reasonable cause to believe the target committed a crime," he said. When that's done, the grand jury will deliberate and then vote on which — if any — charges they will indict. In New York, where Trump was indicted, 16 out of an originally selected 23 grand jurors must be present for a voting quorum, according to the state grand juror's handbook.
Manhattan DA lawyers worried about indicting Trump over "hush money" payments to Stormy Daniels. In order to convict Trump on felony charges, prosecutors would need to prove Trump intended to commit or wanted to conceal a separate crime through the payments. But a judge might believe the Manhattan district attorney's office is overreaching by enforcing federal law. If the case gets to a jury, jurors may wonder why federal prosecutors didn't bring charges against Trump, or they might not believe Cohen's testimony. A representative for the Manhattan district attorney's office didn't immediately respond to a request for comment.
There's "no way" Trump's reaction to his possible indictment will help him, defense attorneys said. As a potential indictment looms, Trump has lashed out on social media, calling for protests. But there's no way that Trump's bombastic approach to his possible indictment over allegations of a hush-money payment to adult film star Stormy Daniels would help him in a courtroom, criminal defense attorneys not connected to the case told Insider. Bederow, a former prosecutor for the Manhattan district attorney's office, called Trump's recent behavior toward his potential indictment "a terrible look" that demonstrates "instability" and "poor judgment." "There's no way Trump begging to be perp-walked and handcuffed and demanding that his supporters protest is helping" a potential criminal case, Bederow said.
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