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Read previewManhattan prosecutors are fighting to keep Donald Trump's September 18 hush-money sentencing on track, saying in a new filing Thursday that it was "harmless error" if evidence he's now immune from entered the case. But Trump would have been indicted and convicted even if evidence the defense calls "official" were removed, the filing adds. AdvertisementThe filing argues that Trump is wrong in now stamping much of the prosecutor's case "official act evidence." But these tweets describe unofficial acts unrelated to Trump's official duties, and for which he has no immunity, the prosecution filing now argues. Lawyers for Trump did not immediately respond to requests for comment on the prosecution filing.
Persons: , Donald Trump's, Attorney Alvin Bragg, Trump, Stormy Daniels, SCOTUS, Donald Trump, Jane Rosenberg, Bragg, Matthew Colangelo, Daniels, Michael Cohen, Hope Hicks, Trump's, Cohen, Madeleine Westerhout, caselaw, Juan Merchan Organizations: Service, Attorney, Business, Trump Organization, Manhattan, White House, Trump Locations: Manhattan
CNN —A federal judge on Monday dismissed the classified documents case against Donald Trump, a shock ruling that clears away one of the major legal challenges facing the former president. In a 93-page ruling, District Judge Aileen Cannon said the appointment of special counsel Jack Smith violated the Constitution. She did not rule on whether Trump’s alleged mishandling of classified documents was proper or not. Even though a trial before the presidential election was considered highly unlikely, many legal experts had viewed the classified documents case as the strongest one of the four cases that were pending against the former president. Smith had charged Trump last year with taking classified documents from the White House and resisting the government’s attempts to retrieve the materials.
Persons: Donald Trump, Aileen Cannon, Jack Smith, ” Cannon, Cannon, Trump, , Smith, , Clarence Thomas, James Pearce, , Justice Department “, it’s Organizations: CNN, Republican National Convention, Truth Social, Justice Department, White, Trump, DOJ, United, United States Attorney Locations: Washington , DC, Georgia, New York, United States
There may be a path for Smith to revive the case, Cannon noted in her ruling, and Smith can appeal the decision. Cannon left open a potential pathway in her ruling for the classified documents case to be revived. (He is being prosecuted by a separate special counsel, David Weiss.) And during the Trump-Russia investigation, multiple Trump allies similarly attempted to derail special counsel Robert Mueller’s work. Former Attorney General Edwin Meese and Citizens United argued the same, writing that Smith’s appointment “severely undermines” the constitutional order.
Persons: Donald Trump’s, Aileen Cannon, Jack Smith, General Merrick Garland, Smith, Cannon, Trump, , , ” Cannon, Garland, Bill Barr, John Durham, Smith’s, it’s, Clarence Thomas The, Clarence Thomas, Thomas ’, Thomas, John Roberts, wasn’t, ” Thomas, Steve Vladeck, Joe Biden’s, Hunter Biden, David Weiss, Robert Mueller’s, James Pearce, Cannon’s, Edwin Meese, ” “ Organizations: Washington CNN, Trump, Republican National Convention, Republican, Justice Department, Senate, United, United States Attorney, Defense, Treasury, The, Prosecutors, CNN, Georgetown University Law Center, FBI, Former, Citizens United Locations: Milwaukee, United States, California, Delaware, Russia, Virginia, Washington, DC, Mar
The panel voted 8-0 on a bipartisan basis to dismiss the challenge, finding that it didn’t have jurisdiction to adjudicate a dispute involving the 14th Amendment. He said state courts – which have more power than the election board – should decide Trump’s eligibility. Trump attorney Adam Merrill, however, urged the state board to keep Trump on the 2024 ballot, pushing back against the findings from Erickson. This includes Missouri’s secretary of state and Texas’ lieutenant governor, though they weren’t involved in the Illinois case. CORRECTION: This story has been updated to correct the vote tally by the Illinois State Board of Elections.
Persons: Donald Trump’s, , Judge Clark Erickson, Erickson, Trump, Catherine McCrory, ” McCrory, ” Matthew Piers, ” Piers, Adam Merrill, “ Mr, ” Merrill, , can’t, Biden, Joe Biden, rebuffing, Biden “, Marni Malowitz, ” David Herman, ” Herman Organizations: Washington CNN, Illinois State, Trump, Capitol, Republican, United States Congress, Illinois, Citizens, GOP, Biden, United, Constitution Locations: Illinois, Colorado, Maine, Michigan , Minnesota, United States, Mexico, Texas
SANTA FE, N.M. (AP) — A U.S. District Court judge is standing by her decision to block portions of a public health order from New Mexico's governor that would suspend the right to carry firearms in many public parks in the Albuquerque area, with appeals pending before a higher court. The Monday order from Albuquerque-based Judge Kae Riggs denied a request from the governor to leave in place a temporary ban on firearms in some public places in greater Albuquerque, including most public parks. “Judge Riggs’ opinion ignores this caselaw and the massive amount of historical evidence in the record supporting the constitutionality of the temporary restrictions imposed by the public health order,” Hayden said in an email. The rest of the public health orders have remained intact, including directives for monthly inspections of firearm dealers statewide, reports on gunshot victims at New Mexico hospitals, wastewater testing for illicit substances at schools and more. Votes against the bill were cast by two Republican lawmakers who are pursuing impeachment proceedings against the governor for her emergency health orders on gun violence.
Persons: Kae Riggs, Riggs, Michelle Lujan Grisham, James Springer —, , Blair Dunn, David Urias, Lujan Grisham, Maddy Hayden, , Judge Riggs, ” Hayden, ” Lujan Grisham, Christine Chandler Organizations: SANTA FE, , District, U.S, Tenth Circuit, New, Republican, National Rifle Association, Walmart Locations: SANTA, U.S, New, Albuquerque, Torrance County, Denver, Urias, New Mexico, Los Alamos, El Paso , Texas
Prosecutors raise Trump’s recent attacks on MilleyIn the filing, prosecutors say Trump continues to make remarks that could hurt the integrity of his trial, including in how he has recently attacked Milley. The judge is set to consider the prosecutors’ request for a limited gag order at a hearing October 16. They are asking for Chutkan to limit Trump’s ability to speak about witnesses and others involved in the case against him. The prosecutors also said a limited gag order, as they propose, wouldn’t be a “contempt trap” as Trump’s team has said. Instead, it would be an even more limited speech restriction than others granted previously in high-profile, politically charged cases in DC’s federal court, the prosecutors argued.
Persons: Donald Trump, Trump, hadn’t, Mark Milley, Milley, Trump’s, Tanya Chutkan, , Bill Barr, Mike Pence, , premised, , Donald J, wouldn’t Organizations: CNN, Federal, Trump, Prosecutors, Milley, NBC, Press, Georgia, Locations: South Carolina, Washington ,, Washington, DC
The appeals court had given Trump until Thursday to appeal to the full 11th Circuit or the U.S. Supreme Court and try to get a stay before the order took effect. After the FBI executed its Mar-a-Lago search warrant, a top Trump adviser familiar with his legal strategy told NBC News that the former president would probably “appeal everything to the Supreme Court. It also barred the special master from reviewing those documents, a decision that Trump appealed to the Supreme Court in October and lost. Under federal law, official White House papers are federal property and must be handed over to the National Archives when a president leaves office. The most recent defeat came last month, when the court allowed Trump's tax returns to be disclosed to a Democratic-led House committee.
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