"Special counsel Jack Smith appears to have suspected additional efforts by former President Donald Trump to obstruct the government's investigation of his handling of classified documents, a newly unsealed court filing revealed Tuesday."
Cross-examination of #MichaelCohen resumes, an opportunity for the defense to poke holes in his testimony & perhaps trip up or provoke the state’s key witness. The questioning of Cohen, #Trump’s fmr fixer, is the beginning of the end of Trump’s #criminal trial, which began April 15 & might conclude before Memorial Day weekend at this pace.
Justice #Merchan announces court will not be in session as usual next Wed, bc jurors won’t be free.
#Blanche, asks #MichaelCohen to clarify that he has met w/several sets of prosecutors & testimony about their conversations can be confusing. “Help the jury understand that,” he says. “There’s 2 separate prosecutors?”
Cohen confirms that he met w/both the #SpecialCounsel’s office in DC, during the #Russia investigation, & Manhattan federal prosecutors, where Blanche used to work.
A U.S. appeals court rejected a bid by President Biden’s son, Hunter, to dismiss federal gun charges against him brought by special counsel David Weiss, allowing a trial to move forward next month. Hunter Biden was indicted on three felony charges related to his purchase of a Colt Cobra 388PL revolver in 2018 and lying about his drug use on a federal form. CBS News has more.
Ridiculous that #AileenCannon says that there are "novel & difficult" #CIPA issues when her delays have meant the CIPA issues have barely been considered by the court. The only section of CIPA she has considered was §4, which is straightforward.
US District Court Judge #AileenCannon agreed Tuesday to end a long-running dispute w/prosecutors over whether government-agent witnesses in #Trump’s #ClassifiedDocuments#criminal#trial should be publicly identified in court filings.
Her order was the 2nd time this month she has criticized #DOJ lawyers while ruling mostly in their favor.
“Separately, to the extent the #SpecialCounsel demands an anticipatory finalization of #JuryInstructions prior to #trial, prior to a charge conference, & prior to the presentation of trial defenses & evidence, the Court declines that demand as unprecedented & unjust….“
Tues night, prosecutors told Judge #AileenCannon who is overseeing Trump’s #ClassifiedDocuments case that a “fundamentally flawed” order she had issued was causing #delays & asked her to quickly resolve a critical dispute about one of #Trump’s defenses — leaving them time to appeal if needed.
In their filing, prosecutors in #SpecialCounsel, #JackSmith’s office, all but begged Judge #AileenCannon to move the case along & make a binding decision about one of #Trump’s most brazen claims: that he cannot be prosecuted for having taken home a trove of #NationalSecurity docs after leaving office bc he transformed them into his own personal property under…the PRA.
The prosecutors derided that assertion as “not based on any facts,” adding that it was a “justification that was concocted more than a year after” #Trump left the WH.
“It would be pure fiction,” the prosecutors wrote, “to suggest that highly #ClassifiedDocuments created by members of the #intelligence community & #military & presented to the president of the United States during his term in office were ‘purely private.’”
The cases #Trump is facing charge him w/ #FalsifyingRecords to allegedly cover up a #HushMoney payment to an adult-film actress during the 2016 presidential election; mishandling #ClassifiedDocuments & #obstruction of government efforts to retrieve them; & #ElectionInterference in the 2020 presidential election. #LocalAuthorities brought 2 of the cases against Trump w/no evidence of coordination, & a #SpecialCounsel acting independently of the WH brought the 2 federal cases against him.
Lawyers for #Trump asked a judge on Tues night to pause a group of #civil lawsuits seeking to hold him accountable for the #violence at the Capitol on #Jan6, 2021, until after his #federal#criminal trial connected to the same events was over.
The request…to pause the civil cases was the latest example of Trump trying to pit his multiple #legal matters against one another in an effort to #delay them.
They said that in so doing, #Trump might reveal his strategy for defending himself against related #criminal charges brought against him by the #SpecialCounsel#JackSmith.
“Given the substantial overlap in factual & #legal allegations between these cases & the DC criminal case,” the lawyers wrote, there is “a substantial risk that proceeding in this matter now will expose the defense’s theory to the prosecution in advance of trial.”
If #Trump’s “radical claim were accepted, it would upend understandings about presidential #accountability that have prevailed throughout history while undermining #democracy & the rule of #law — particularly where, as here, a fmr president is alleged to have committed #crimes to remain in office despite losing an #election, thereby seeking to subvert constitutional procedures for transferring power & to disenfranchise millions of voters.”
US District Judge #AileenCannon’s ultimatum Mon night came as a surprise twist in what could have been a simple order; one merely asking federal prosecutors & Trump’s lawyers for proposed #JuryInstructions at the upcoming #trial.
But as she has done repeatedly, #Cannon used this otherwise innocuous #legal step as yet another way to swing the case wildly in favor of the man who appointed her while he was president.
#RobertHur said that AG #MerrickGarland did not interfere w/his investigation or attempt to modify his report. Rep Joe #Neguse asked #Hur a series of yes/no questions about whether #Garland —or any #DOJ ofcls— attempted to impede the investigation.
The appointment of a #SpecialCounsel is intended to make high-profile, sensitive investigations as #independent & #apolitical as possible. A SC has more independence from DOJ ldrs than other fed prosecutors, but still ultimately answers to the #USAG.
"…This case illustrates the very continuing harm identified by the Special Counsel. The #SpecialCounsel tells us #Russian intelligence sought to influence the U.S. presidential election by using allegations against #HunterBiden to hurt President #Biden ’s reelection…And what did the now-Special Counsel do? The Office abandoned the Agreement it signed…"
Trump argues that as a fmr president he has #immunity, & that the case is politically motivated, while #SpecialCounsel#JackSmith …has some choice language for those claims: “woefully short of the requirements … no evidence whatsoever … frivolous … so lacking in merit … no support in constitutional text, separation of powers principles, history, or logic.”
Judge #AileenCannon says two #amicus briefs filed by Trump-aligned lawyers "may be of considerable help" to her on Trump's motions to dismiss (biased much??)
1 says NARA referral to DOJ was deficient
1 says Jack Smith appointment was invalid
(ii) #Chutkan indicated that she won’t set deadlines assuming #Trump has prepared his defense during the stay. Whether that means she won’t compress at all the 88 days of pretrial prep that were remaining when the stay was imposed - unknown.
(iii) The parties have estimated the #trial will take 8 - 12 wks. Some, like Andrew Weissmann, have speculated that #SpecialCounsel#JackSmith might attempt to simplify his case to shorten the trial. Whether that is possible also remains to be seen.
So we should not assume that a #SCOTUS ruling that isn't a total rejection of #immunity across the board, which is what the DC Circuit's decision was, would necessarily #delay the proceedings further.
(But if anyone can find a way to create further delays it’s #Trump & his friends on The Court)
The #DOJ advises Judge #AileenCannon that the "60-day rule" does NOT apply in #Trump's case as he has already been #indicted & the case is already being litigated.
So, no reason to delay taking him to #trial, even w/ #election in Nov.
Important note: the 60-day rule is NOT a #law it is just internal DOJ guidance. The policy is regarding making new allegations shortly before an election when a person can’t have a trial to argue them.
Federal prosecutors on Mon rejected #Trump’s claims that he was unfairly charged w/holding on to #ClassifiedDocuments after he left office, saying that his case bore no comparison to the one in which #POTUS#Biden was cleared of wrongdoing even though he was found in possession of classified materials after leaving the vice presidency.