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Former President Donald J. Trump said on Friday night that American presidents deserve complete immunity from prosecution even for acts that “cross the line,” contending for the second time this week that the holder of the nation’s highest office should effectively remain beyond the reach of criminal law. Mr. Trump’s remarks on his social media platform, Truth Social, were the latest signal that he seems to view the presidency as an office unbounded by the normal checks of the criminal justice system. The statements were made as Mr. Trump was seeking to build on his dominant position in the race for the Republican nomination with a decisive win in the New Hampshire primary next week. Mr. Trump’s statements appeared to go further than legal arguments that one of his lawyers made in his efforts to use sweeping claims of executive immunity to dismiss a federal indictment he is facing accusing him of plotting to illegally overturn the 2020 election. Last week, a three-judge panel of the federal appeals court in Washington expressed deep skepticism about Mr. Trump’s immunity arguments, suggesting it was unlikely to rule in his favor on a central element of his defense in the case.
Persons: Donald J, Trump, Trump’s Organizations: Republican Locations: New Hampshire, Washington
are investigating remarks reported to have been made by Roger J. “It’s time to do it,” the speaker can be heard saying. It’s either Swalwell or Nadler has to die before the election. They need to get the message.”An article by Mediaite accompanying the recording claimed that Mr. Stone made the remarks to an associate, Salvatore Greco, a former New York City policeman, at a restaurant in Fort Lauderdale, Fla. But the recording itself does not make clear whom the speaker was addressing.
Persons: Roger J, Stone Jr, Donald J, Trump, Stone, Mediaite, Jerrold Nadler, Eric Swalwell of, , “ Let’s, Nadler, Salvatore Greco Organizations: Capitol Police, Republican, Democratic, New Locations: New York, Eric Swalwell of California, New York City, Fort Lauderdale, Fla
Lawyers for former President Donald J. Trump said in court papers filed on Tuesday night that they intended to place accusations that the intelligence community was biased against Mr. Trump at the heart of their defense against charges accusing him of illegally holding onto dozens of highly sensitive classified documents after he left office. The lawyers also indicated that they were planning to defend Mr. Trump by seeking to prove that the investigation of the case was “politically motivated and biased.”The court papers, filed in Federal District Court in Fort Pierce, Fla., gave the clearest picture yet of the scorched earth legal strategy that Mr. Trump is apparently planning to use in fighting the classified documents indictment handed up over the summer. While the 68-page filing was formally a request by Mr. Trump’s lawyers to the office of the special counsel, Jack Smith, to provide them with reams of additional information that they believe can help them fight the charges, it often read more like a list of political talking points than a brief of legal arguments.
Persons: Donald J, Trump, Jack Smith Organizations: Mr, Court Locations: Fort Pierce, Fla
A three-judge panel of the federal appeals court in Washington heard arguments on Tuesday in a momentous case over former President Donald J. Trump’s claim that he is immune from criminal charges for the efforts he took to overturn the 2020 election. A ruling by the court — and when it issues that decision — could be a major factor in determining when, or even whether, Mr. Trump will go to trial in the federal election case. Here are some takeaways:All three judges signaled skepticism with Trump’s position. The judges on the Court of Appeals for the District of Columbia Circuit appeared unlikely to dismiss the charges against Mr. Trump on grounds of presidential immunity, as he has asked them to do. The two Democratic appointees on the court, Judge J. Michelle Childs and Judge Florence Y. Pan, peppered John Sauer, a lawyer for Mr. Trump, with difficult questions.
Persons: Donald J, Trump, Judge J, Michelle Childs, Florence Y, John Sauer, Karen L, Henderson, Biden Organizations: Appeals, District of Columbia Circuit, Mr, Democratic, Republican Locations: Washington
A federal appeals court ruled on Friday that civil lawsuits seeking to hold former President Donald J. Trump accountable for the violence that erupted at the Capitol on Jan. 6, 2021, can move forward for now, rejecting a broad assertion of immunity that Mr. Trump’s legal team had invoked to try to get the cases dismissed. The Supreme Court has held that the Constitution gives presidents immunity from being sued over actions taken as part of their official duties, but not from suits based on private, unofficial acts. The civil cases brought against Mr. Trump have raised the question of which role he was playing at the rally he staged on Jan. 6, when he told supporters to “fight like hell” and urged them to march to the Capitol. Essentially, the appeals court ruled that at this stage of the case, that question has yet to be definitively answered. It said Mr. Trump must be given an opportunity to present factual evidence to rebut the plaintiffs’ claims that the rally was a campaign event — scrutinizing issues like whether campaign officials had organized it and campaign funds were used to pay for it.
Persons: Donald J, Trump, Organizations: Capitol, U.S ., Appeals, District of Columbia, Mr
The ruling by the judge, Tanya S. Chutkan, was her first denying one of Mr. Trump’s many motions to dismiss the election interference case, which is set to go to trial in Federal District Court in Washington in about three months. It offered a sweeping condemnation of what Judge Chutkan called Mr. Trump’s attempts to “usurp the reins of government” and cited foundational American texts like the Federalist Papers and George Washington’s farewell address. Mr. Trump’s lawyers had expected the immunity motion to fail. They have, in fact, been planning for weeks to use the defeat to begin a long-shot strategy to put off the impending trial. Mr. Trump’s lawyers first filed their immunity claims in October in a set of breathtaking court papers that maintained he could not be held accountable for any official actions he took as president, even after a grand jury had returned a four-count criminal indictment against him.
Persons: Donald J, Trump, Tanya S, Chutkan, Trump’s, , George Washington’s, Chutkan’s Organizations: Federal, Court, Federalist Locations: Washington
At Mar-a-Lago, Mr. Trump’s private club and residence in Florida, she and another lawyer, M. Evan Corcoran, advised the former president that he needed to obey the government’s demands that he return the classified material. The indictment filed by Mr. Smith in June accuses Mr. Trump of illegally holding on to 32 classified national security documents and then conspiring to cover up his actions with two of his aides at Mar-a-Lago. The case is set to go to trial in Federal District Court in Fort Pierce, Fla., at the end of May. It was unclear what else Ms. Little testified to in her grand jury appearance. On Wednesday night, Steven Cheung, a Trump campaign spokesman, denounced “misleading leaks” about the case that showed “utter disregard” for attorney-client privilege.
Persons: Trump, Ms, Little, Evan Corcoran, Smith, Corcoran, Smith’s, Steven Cheung Organizations: ABC News, Mr, Mar, Federal, Court Locations: Georgia, Florida, Fort Pierce, Fla
But even if his lawyers get far less than what they asked for, the scope of their requests can be read as a kind of outline of how they plan to fight the case, which is set to go to trial in March in Federal District Court in Washington. At the heart of their strategy, the court papers say, is a plan to call into question findings made by the intelligence community, the F.B.I. and other federal agencies that the election was not marred by widespread fraud. Those requests were only some of the 59 separate demands for records made in more than 70 pages of court papers submitted by Mr. Trump’s legal team. Looking for anything that could help them prove the race was not secure, the lawyers made additional requests for information about how federal officials assessed cyberattacks around the time of the election and about attempts by foreign governments to interfere in it.
Persons: Trump, Judge Chutkan, Jack Smith Organizations: Court Locations: Washington
Prosecutors felt they needed an industry insider to flip on others in the business, explain the intricacies of lending agreements and serve as a narrator on the witness stand. In Mr. Braun, who had made clear he was desperate to get out of prison, they thought they had an ideal candidate. They were still going back and forth with his lawyer about a deal that would have freed him from prison when Mr. Trump commuted his sentence. Prosecutors instantly lost their leverage over Mr. Braun. The investigation into the industry, and Mr. Braun’s conduct, remains open but is hampered by the lack of help from an insider.
Persons: Braun, Trump, Prosecutors, Braun’s, Organizations: Department, U.S, Prosecutors, Justice, Trump Locations: Manhattan
Even amid the uproar over President Donald J. Trump’s freewheeling use of his pardon powers at the end of his term, one commutation stood out. Jonathan Braun of New York had served just two and a half years of a decade-long sentence for running a massive marijuana ring, when Mr. Trump, at 12:51 a.m. on his last day in office, announced he would be freed. Mr. Braun was, to say the least, an unusual candidate for clemency. A Staten Islander with a history of violent threats, Mr. Braun had told a rabbi who owed him money: “I am going to make you bleed.” Mr. Braun’s family had told confidants they were willing to spend millions of dollars to get him out of prison. At the time, Mr. Trump’s own Justice Department and federal regulators, as well as New York state authorities, were still after him for his role in an entirely separate matter: his work as a predatory lender, making what judges later found were fraudulent and usurious loans to cash-strapped small businesses.
Persons: Donald J, Jonathan Braun, Trump, Braun, , Mr, Braun’s, confidants, Trump’s Organizations: New, Justice Department Locations: New York, Staten
Speaker Mike Johnson’s decision to publicly release thousands of hours of Capitol security footage from Jan. 6, 2021, has fueled a renewed effort by Republican lawmakers and far-right activists to rewrite the history of the attack that day and exonerate the pro-Trump rioters who took part. Mr. Johnson’s move last week to make the footage available — something the far right has long demanded — came as he tried to allay the anger of hard-line Republican lawmakers for working with Democrats to keep the government funded. Now, some of the same people who were irate about that decision are using the Jan. 6 video to circulate an array of false claims and conspiracy theories about the largest attack on the Capitol in centuries. Representative Marjorie Taylor Greene, the hard-right Georgia Republican, was among the first lawmakers to post false information about the newly released videos. But the item in the man’s hand in the screen grab she circulated appears, upon closer inspection, to have been a vape pen.
Persons: Mike Johnson’s, Johnson’s, , Marjorie Taylor Greene, , , Kevin Lyons Organizations: Capitol, Republican, Trump, Georgia Republican
Mr. Trump’s lawyers appealed the order almost as soon as it was imposed, deriding it as “the essence of censorship.”In court papers, they have told the appeals court that the order should be repealed since it violates the First Amendment. They say that this gag order in particular was needed because of Mr. Trump’s “near daily” attacks against Mr. Smith, Judge Chutkan and potential witnesses in the case, including former Vice President Mike Pence and Gen. Mark A. Milley, the former chairman of the Joint Chiefs of Staff. The prosecutors have tried to position themselves as protectors of both the integrity of the judicial process and the people who take part in it, telling the appeals court that Mr. Trump’s threats on social media have sometimes had damaging effects in the real world. It remains unclear how quickly the three-judge panel of the appeals court will decide on whether to rescind the gag order or keep it in place as the case moves toward its trial date. It has been in abeyance for about two weeks as the court has gotten filings from the defense and the prosecution.
Persons: Judge Chutkan, micromanage, Trump’s, Jack Smith, Trump, Smith, Mike Pence, Mark Organizations: Republican, Prosecutors, Joint Chiefs, Staff
How Trump’s lawyers are trying to flip the scriptDonald Trump’s defenses in his federal election interference case are coming into focus: a mix of blame shifting, political attacks and a kind of legal gaslighting. The indictment by the special counsel, Jack Smith, accuses Trump of “a multipronged endeavor to overturn the 2020 presidential election, disenfranchise voters, and obstruct the transfer of presidential power,” in the words of one of Smith’s assistants. Defendants typically fight charges by denying responsibility. But Trump and his lawyers, at least so far, aren’t saying that he didn’t do what he’s accused of; they are saying that he did it, but for benign, even admirable reasons. Trump is trying to convince the court that the moves he made to cling to power were really “innocuous, perhaps even admirable conduct,” as prosecutors put it.
Persons: Donald Trump’s, Jack Smith, Trump, Locations:
The decision left Mr. Trump free, for the moment, of all of the gag orders placed on him. The New York gag orders will be evaluated by a full appellate panel, which may reimpose them. But in the meantime, Mr. Trump and his lawyers are again free to attack court staff, most prominently the law clerk, Allison Greenfield, who since Mr. Trump’s original post has become a magnet for right-wing attacks on the case. Justice Engoron, who is a Democrat, had justified his own gag order against Mr. Trump by citing threats against his staff. He repeatedly asked whether Mr. Trump had used specifically threatening language against Ms. Greenfield, who is also a Democrat, and seemed satisfied that the answer was no.
Persons: Trump, Allison Greenfield, Trump’s, Letitia James, Justice Engoron, Friedman, Greenfield Organizations: The, New, Democrat, Mr Locations: Washington, York, New York
Prosecutors asked a federal appeals court in Washington on Tuesday to give its approval to a gag order imposed on former President Donald J. Trump in his federal election interference case, saying that Mr. Trump’s “long history” of targeting his adversaries on social media has often led to dangers in the real world. The gag order on Mr. Trump was suspended this month by the appeals court as it considers whether the trial judge in the case, Tanya S. Chutkan, was justified in imposing it in the first place. The court is scheduled to hear oral arguments about the order next week. In a 67-page filing, Cecil Vandevender, an assistant to Jack Smith, the special counsel leading the federal prosecutions of the former president, told the appeals court that Mr. Trump had received several warnings to curb his aggressive public statements. Still, Mr. Vandevender wrote, the former president has persistently sought to “malign” Mr. Smith and his family, and “target specific witnesses with attacks on their character and credibility.”Mr. Trump’s attacks on those involved in the election interference case were “part of a pattern, stretching back years, in which people publicly targeted by the defendant are, as a result of the targeting, subject to harassment, threats and intimidation,” Mr. Vandevender wrote.
Persons: Donald J, Trump, Trump’s, Tanya S, Cecil Vandevender, Jack Smith, Vandevender, Smith, ” Mr Locations: Washington
Federal prosecutors on Monday accused former President Donald J. Trump of trying to turn his trial on charges of plotting to overturn the 2020 election into “a media event” with a “carnival atmosphere” by backing calls to have it broadcast live on television. Even though federal rules of criminal procedure forbid televising trials, Mr. Trump’s lawyers last week asked Judge Tanya S. Chutkan, who is overseeing the election subversion case, to agree to requests from news organizations to broadcast the proceedings. Mr. Trump’s filing was short on legal arguments and relied instead on several dubious claims that he was being treated unfairly in the case and that only the transparency of a televised trial could cure the purported wrongs he had suffered. But firing back on Monday, prosecutors in the office of the special counsel, Jack Smith, reminded Judge Chutkan that she had already vowed to treat Mr. Trump like any other criminal defendant. The prosecutors added that despite the former president’s references to “fairness,” he was actually trying to create a circuslike environment “from which he hopes to profit by distracting, like many fraud defendants try to do, from the charges against him.”
Persons: Donald J, Trump, Tanya S, Chutkan, Jack Smith, Judge Chutkan, Locations:
Lawyers for former President Donald J. Trump have told a judge that she should permit his trial on federal charges of plotting to overturn the 2020 election to be televised live from the courtroom. It was the first time that Mr. Trump has formally weighed in on the issue of whether to broadcast any of the four criminal trials he is facing. His motion to Judge Tanya S. Chutkan, who is overseeing the federal election trial in Washington, came after similar requests made by several media organizations and was filed late on Friday. A judge in Georgia who is handling Mr. Trump’s state election subversion case has said that proceeding will be televised. Mr. Trump’s motion for a televised trial came in a filing adopting his bombastic and combative style.
Persons: Donald J, Trump, Tanya S, Chutkan, Jack Smith, Locations: Washington, Georgia, Trump’s
At a hearing last week in Federal District Court in Fort Pierce, Fla., Judge Cannon, who was appointed by Mr. Trump, signaled that she was ready to make some “reasonable adjustments” to the timing of the case. She expressed concern in particular that her trial in Florida might “collide” with Mr. Trump’s other federal trial, a Washington-based proceeding on charges of plotting to overturn the 2020 election that is set to begin in early March. That is only three days before Mr. Trump’s election subversion case is supposed to begin in Washington. Her ruling also did not foreclose the possibility that she might at some point in the future delay the trial until after the election — a move that would be a major victory for Mr. Trump. Were that to happen, and were Mr. Trump to win the race, he could have the case thrown out entirely simply by ordering his attorney general to drop the charges.
Persons: Judge Cannon, Trump, Cannon, , Judge Cannon’s Organizations: Federal, Court, Mr Locations: Fort Pierce, Fla, Florida, Washington
Lawyers for former President Donald J. Trump asked an appeals court in Washington on Wednesday to throw out the gag order imposed on him in the federal case in which he stands accused of plotting to overturn the 2020 election, calling it an effort to “muzzle” a presidential candidate “at the height of his re-election campaign.”“No court has ever imposed a gag order on the political speech of a candidate for public office, let alone the leading candidate for president of the United States — until now,” D. John Sauer, a lawyer who is handling the appeal for Mr. Trump, wrote. Mr. Sauer’s entreaty to the U.S. Court of Appeals for the District of Columbia was merely the latest in a dizzying round of back-and-forth moves involving the gag order, which was put in place last month to keep Mr. Trump from targeting members of the court’s staff, prosecutors or witnesses involved in his election interference case in Federal District Court in Washington. Judge Tanya S. Chutkan, who initially imposed the order, paused it briefly three weeks ago to consider some issues involving the appeal, but then reinstated it at the request of prosecutors in the office of the special counsel, Jack Smith, after Mr. Trump continued to violate its provisions.
Persons: Donald J, Trump, , ” “, John Sauer, Sauer’s entreaty, Tanya S, Chutkan, Jack Smith Organizations: United, U.S ., Appeals, District of Columbia, Federal, Court Locations: Washington, United States
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
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