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Post by Webster on Aug 3, 2023 18:04:40 GMT -5
(The Guardian) Chief US district court judge Jim Boasberg is in the courtroom for Donald Trump’s arraignment. He just walked in and took a seat near the back of the audience.
Donald Trump was joined on Trump Force One by Alina Habba, general counsel and a spokesperson for the Save America PAC, as well as campaign advisers Susie Wiles, Chris LaCivita, Jason Miller and Steven Cheung, NBC reported. Political and legal adviser Boris Epshteyn was also on the plane.
Special counsel Jack Smith has arrived in the courtroom for Donald Trump’s arraignment with three of his prosecutors. Smith is sitting in the front row in the spectator section of the courtroom. At the table reserved for the prosecution are his prosecutors, including Thomas Windom and Molly Gaston.
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Post by Webster on Aug 3, 2023 18:09:29 GMT -5
(The Guardian) Donald Trump arrives in courtroomDonald Trump has arrived in the courtroom for his first appearance after being charged with four felonies over his efforts to subvert the results of the 2020 presidential election. Trump is expected to plead not guilty to all charges, according to people close to his legal team. The former president is sitting at the table reserved for defendants with his lawyers John Lauro and Todd Blanche. Another Trump lawyer, Evan Corcoran, earlier sat down in the front row of the audience.
Trump lawyer Evan Corcoran has arrived in the courtroom for Trump’s arraignment, except he’s sitting in the front row of the audience section instead of the defense table. This could mean he won’t enter a notice of appearance in this case.
In the courtroom, the tables for the defense and the prosecution are arranged perpendicular to the judge’s bench with three seats on each side. At the defense table, Donald Trump placed himself between his lawyers Todd Blanche and John Lauro, who is in the seat nearest to the US magistrate judge Moxila Upadhyaya, who is managing today’s arraignment.
Donald Trump is sitting in special counsel Jack Smith’s direct line of sight in the courtroom — and Smith almost certainly just stared at Trump.
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Post by Webster on Aug 3, 2023 18:17:06 GMT -5
(The Guardian) Donald Trump is currently inside courtroom 22A of the E Barrett Prettyman courthouse in Washington DC, in his first appearance in federal court after being indicted in special counsel Jack Smith’s investigation into his efforts to overturn the 2020 presidential election. The indictment charges Trump with one count of conspiracy to defraud the United States, one count of conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. The 45-page indictment outlined in stark detail how Trump and his allies knowingly spread false allegations of election fraud, convened fraudulent electors and attempted to block the certification of the election on January 6. “Despite having lost, the defendant was determined to remain in power,” the indictment says. -- So for more than two months following election day on November 3, 2020 the defendant spread lies that there had been outcome-determinative fraud in the election and that he actually won. These claims were false and the defendant knew they were false. But the defendant repeated and widely disseminated them anyway – to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of elections.The charges marked the first time Trump has faced criminal charges for his efforts to overturn the 2020 election.
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Post by Webster on Aug 3, 2023 18:17:55 GMT -5
(The Guardian) At E Barrett Prettyman Federal Courthouse where video feed shows Donald Trump, in blue suit, white shirt and red tie, entering courtroom and sitting at table, folding and unfolding hands, unable to keep still. He picks up a document and quickly puts it down again.
Special counsel Jack Smith is around 15ft away from Donald Trump (the tables are 4ft wide), per person familiar with the room layout.
US magistrate judge Moxila Upadhyaya has entered courtroom for Donald Trump’s arraignment. The hearing has begun.
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Post by Webster on Aug 3, 2023 18:18:58 GMT -5
(The Guardian) Donald Trump’s response when asked his age by the magistrate judge: Seven-seven
Standing then sitting again, Trump tells judge his name and age: Yes, your honor. Donald J Trump. John. 77.Asked if he has taken a medication or substance in the last 24 hours that would impair his answers, Trump replies: No, I have not.
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Post by Webster on Aug 3, 2023 18:20:10 GMT -5
(The Guardian) US magistrate judge Moxila Upadhyaya is reading each count against Donald Trump. The former president has been charged with four counts: -Count 1: Conspiracy to defraud the United States -Count 2: Conspiracy to obstruct an official proceeding -Count 3: Obstruction of and attempt to obstruct an official proceeding -Count 4: Conspiracy against rights
Donald Trump entered a plea of not guilty after the counts of the indictment were read to him by the judge. The former president was arrested and arraigned on four felony counts outlined in special counsel Jack Smith’s indictment: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
Donald Trump sat forward in his chair as the judge talked about the “term of imprisonment” he could face if convicted. Magistrate Judge Moxila Upadhyaya then said: At this time I will arraign Mr Trump. Trump’s team entered a plea of not guilty to all charges. Judge Upadhyaya to Trump: If you fail to comply with any of the conditions of your release, a warrant may be issued for your arrest.
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Post by Webster on Aug 3, 2023 18:20:36 GMT -5
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Post by Webster on Aug 3, 2023 18:21:29 GMT -5
(The Guardian) Judge sets first hearing in case for 28 AugustUS magistrate judge Moxila Upadhyaya has set the first hearing in the case for 10am Eastern time (15:00 BST) on 28 August. The judge said district judge Tanya Chutkan, who has been assigned to oversee the case against Trump for attempting to overturn the results of the 2020 election, was willing to waive Trump’s appearance at the first hearing if he wants. Judge Upadhyaya had offered up three potential dates. Prosecutors had asked for the earliest - 21 August - while the defense requested the latest date – 28 August. Trump expected to speak after leaving courthouseDonald Trump’s motorcade has left the federal courthouse in Washington after his court hearing concluded after just under half an hour. The former president is expected to speak to reporters when he arrives at Ronald Reagan Washington National Airport. He will then board his plane to return to him home in Bedminster, New Jersey.
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Post by Webster on Aug 3, 2023 18:22:50 GMT -5
(The Guardian) Donald Trump claims his arraignment is a 'sad day for America'Donald Trump gave a brief statement to reporters after arriving at Ronald Reagan Washington National Airport following his arraignment. The former president said it was a “sad day for America” and that it was also “very sad” to drive through Washington DC and see “the filth and decay”. “This is not the place that I left. It’s a very sad thing to see,” Trump said. -- When you look at what’s happening, this is a persecution of a political opponent. This was never supposed to happen in America.He went on to claim that it was “the persecution of the person who is leading by very substantial numbers in the Republican primary and leading Biden by a lot”. -- So if you can’t beat him, you persecute him or you prosecute them. We can’t let this happen in America.
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Post by Webster on Aug 3, 2023 18:23:17 GMT -5
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Post by Webster on Aug 3, 2023 18:23:37 GMT -5
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Post by Webster on Aug 7, 2023 11:59:11 GMT -5
(The Guardian) Trump faces deadline to respond to prosecutors' request for protection after warning 'I’m coming after you'Mere days have passed since special counsel Jack Smith indicted Donald Trump for his failed effort to reverse his 2020 election loss, but the two sides are already battling over what the former president can say and do. On Friday, Trump wrote “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”, prompting Smith’s prosecutors to request a protective order that would restrict what the former president’s legal team can share publicly, saying it is necessary to guard people involved in the case against retaliation. Trump’s lawyers have until 5pm eastern time today to respond. It’s an early salvo in what is expected to be the lengthy process Smith’s case is expected to take, and which will undoubtedly hang over the 2024 election, where Trump is currently the frontrunner. Either way, the former president has not been shy about sharing his thoughts regarding the unprecedented criminal charges leveled against him, and do not be surprised if today is no different. Pence emerges as potential witness in Trump January 6 trialIn his final days as vice-president, Mike Pence faced pressure from Donald Trump to go along with his plan to disrupt Joe Biden’s election victory. Pence refused his then-boss’s request, and the two running mates are now foes, but could Pence potentially be a witness in the trial on the federal charges brought against Trump over the election subversion plot? In an interview with CBS News broadcast over the weekend, Pence, who is running for the Republican presidential nomination, said he has “no plans to testify”, but added “people can be confident we’ll obey the law. We’ll respond to the call of the law, if it comes and we’ll just tell the truth.” Far from being worried about what Trump’s former deputy might have to say about him, the former president’s attorney John Lauro said his legal team would welcome Pence’s testimony. “The vice-president will be our best witness,” Lauro said in a Sunday appearance on CBS, though he didn’t exactly say why he felt that way. “There was a constitutional disagreement between the vice-president [Pence] and president Trump, but the bottom line is never, never in our country’s history, as those kinds of disagreements have been prosecuted criminally. It’s unheard of.”
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Post by Webster on Aug 7, 2023 12:09:59 GMT -5
(The Guardian) Trump cites speech rights in opposing protective orderAhead of an afternoon deadline for his lawyers to respond to a request from special counsel Jack Smith for a protective order in the January 6 case, Donald Trump said such a ruling would infringe on his free speech rights. From his Truth social account: No, I shouldn’t have a protective order placed on me because it would impinge upon my right to FREE SPEECH. Deranged Jack Smith and the Department of Injustice should, however, because they are illegally “leaking” all over the place!The former president’s attorneys have until 5pm eastern time to respond to the request from Smith, who asked for the protective order after Trump on Friday wrote, “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” on Truth. Smith wants Trump’s attorneys barred from publicly sharing “sensitive” materials including grand jury transcripts obtained during the January 6 case’s pre-trial motions.
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Post by Webster on Aug 7, 2023 12:16:06 GMT -5
(The Guardian) As part of his defense against charges related to attempting to overturn the 2020 election, Donald Trump’s attorney John Lauro has mulled asking for the trial to be moved – perhaps to West Virginia. The Mountain State is also one of the most Trump-friendly: the then-president carried it by nearly 69% three years ago, his second-biggest win nationwide, after Wyoming. Joe Biden, meanwhile, won Washington DC, where the charges were filed and where the trial will currently take place, by a whopping 92%. But Politico reports that federal judges, including Tanya Chutkan, who is presiding over the January 6 case, are unlikely to grant a change of venue for the proceedings. Here’s why: At the heart of Chutkan’s analysis — like most of her colleagues’ as well — is a rejection of Trump’s premise. Just because a juror is affiliated with one political party — and even opposes the political views of someone facing charges — does not mean they are incapable of setting aside those views to judge a case based on evidence and facts.
“People in this country have strong views … we expect people to have opinions. And one of the things — it’s fine to have an opinion,” Chutkan said in September 2022, swatting aside defendant Russell Alford’s bid to relocate his Jan. 6 case. “But what I’m going to be instructing the jury is ‘can you put aside your opinion and adjudge the defendant based on the evidence?’ And it’s amazing how, I have found, how seriously jurors take that charge. And what we’re looking for is not people without opinions; what we’re looking for is people who are able to put aside their opinion and focus their decision solely on the evidence presented in this courtroom.”
The protection for prosecutors and defendants concerned about juror bias is typically a thorough vetting process — known as “voir dire” — in which the judge and lawyers get to grill potential jurors under oath about their background, views and experiences, screening out those who might be incapable of deciding the case fairly. This process has helped seat jurors in other politically explosive recent cases, including the seditious conspiracy trials of leaders of the Oath Keepers and Proud Boys, who were charged with helping orchestrate and exacerbate the Jan. 6 attack.
Often, predictions about rampant bias in the jury pool are put to rest after interviews reveal jurors with diverse political viewpoints, little knowledge of the cases or issues present and no preconceived notions about the defendants or their potential guilt or innocence. And courts uniformly prefer to wait for this process to play out before considering a venue transfer.
Courts’ overwhelming reluctance to relocate trials is rooted in the Sixth Amendment’s guarantee for “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Appellate courts have repeatedly found that venue transfers are justified only in the most extreme circumstances — and even then only after an extensive voir dire has proven it impossible to seat a fair jury. Those circumstances include a tiny jury pool — much smaller than Washington’s 600,000-plus population of potential jurors — and pretrial publicity that uniquely taints that particular district.
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Post by Webster on Aug 7, 2023 12:16:47 GMT -5
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