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Post by Webster on Aug 8, 2023 13:47:22 GMT -5
(The Guardian) Donald Trump’s trial over the election subversion plot is a long way off, and the Guardian’s Hugo Lowell reports that his lawyers are currently wrangling with prosecutors over what evidence the former president can share publicly: Federal prosecutors asked a federal judge to reject Donald Trump’s request for fewer restrictions over how he can publicly share evidence in the case involving his efforts to subvert the 2020 election, arguing the former president was seeking to abuse the discovery process. “The defendant seeks to use the discovery material to litigate this case in the media,” prosecutors wrote in an eight-page brief on Monday. “But that is contrary to the purpose of criminal discovery, which is to afford defendants the ability to prepare for and mount a defense in court.”
The court filings, submitted to the US district court judge Tanya Chutkan, who is overseeing the case, highlighted comments made over the weekend by Trump’s lawyer John Lauro about the former vice-president Mike Pence being a potential witness to stress the importance of strict restrictions. “This district’s rules prohibit defense counsel from doing precisely what he has stated he intends to do with discovery if permitted: publicize, outside of court, details of this case, including the testimony of anticipated witnesses,” prosecutors wrote.
Trump has characterized the indictment, charging him with four felonies over his attempt to obstruct the congressional certification of Joe Biden’s election win on 6 January 2021 and overturn the results of the 2020 election, as a political witch-hunt and infringing on his first amendment rights.
To that end, his lawyers filed a brief earlier on Monday asking the judge to issue a less restrictive protective order, a routine step in criminal cases to ensure evidence turned over to defendants in discovery is used to help construct a defense and not to chill witnesses.
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Post by Webster on Aug 8, 2023 13:48:08 GMT -5
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Post by Webster on Aug 9, 2023 11:14:03 GMT -5
(The Guardian) Secret Trump memo laid out plan to overturn electionA lawyer allied with former president Donald Trump initially pitched the now-infamous plan to use fake electors in swing states to subvert the 2020 election results as “a bold, controversial strategy” that the supreme court would “likely” reject, according to a secret memo. Federal prosecutors are portraying the memo, dated 6 December 2020 and written by Kenneth Chesebro, as a crucial link in how the Trump team’s efforts to keep him in power evolved into a criminal conspiracy, according to a New York Times report. The existence of the memo came to light in last week’s indictment of Trump. Chesebro, identified as “co-conspirator 5” in the federal indictment of Trump, reportedly argued that the plan would focus attention on claims of voter fraud and “buy the Trump campaign more time to win litigation that would deprive Biden of electoral votes and/or add to Trump’s column”. He wrote in the memo: I recognize that what I suggest is a bold, controversial strategy, and that there are many reasons why it might not end up being executed on Jan. 6. But as long as it is one possible option, to preserve it as a possibility it is important that the Trump-Pence electors cast their electoral votes on Dec. 14.The document, described by prosecutors as the “fraudulent elector memo”, provides new details about how the plan originated and was discussed behind the scenes. The memo show the plan was a criminal plot to engineer “a fake controversy that would derail the proper certification of Biden as president-elect”, prosecutors said.
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Post by Webster on Aug 9, 2023 11:24:47 GMT -5
(The Guardian) Donald Trump’s attorney has suggested that Mike Pence could help his former boss fight off the 2020 election-related criminal conspiracy charges against Trump, claiming that the former vice-president would be the “best witness” for the defence. In an interview with CBS’s Face the Nation on Sunday, attorney John Lauro played down differences between the former president and Pence’s accounts of what happened in the run up to the 6 January 2021 certification of Joe Biden’s victory over Trump, whose supporters attacked the US Capitol that day. Asked on Face the Nation whether he feared that Pence would be called as a prosecution witness in the case, Lauro said: “No, no in fact, the vice-president will be our best witness. -- 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.Earlier on Sunday, Pence – who is running against Trump for the 2024 Republican presidential nomination – told CBS that he had “no plans” to testify for the prosecution. But he did not rule it out. In response to Lauro’s assertion last week that all Trump did was ask him to pause the certification, Pence said: “That’s not what happened.”
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Post by Webster on Aug 9, 2023 11:25:56 GMT -5
(The Guardian) Donald Trump last week pleaded not guilty to charges that he conspired to overturn the results of the 2020 election by conspiring to block Congress from confirming Joe Biden’s victory over him. He also pleaded not guilty to charges that he obstructed the certification by directing his supporters to descend on the Capitol on the day of the January 6 attack. He is also accused of – and has pleaded not guilty to – scheming to disrupt the election process and deprive Americans of their right to have their votes counted. John Lauro slammed the indictment as politically motivated and full of holes. He said: This is what’s called a Swiss cheese indictment – so many holes that we’re going to be identifying.Lauro suggested that his side would argue that Trump’s actions were protected by his constitutional right to free speech as well as presidential immunity. Taking aim at Biden, the Democratic incumbent, Lauro added: This is the first time in history that a sitting president has used his justice department to go after a political opponent to knock him out of a race that creates grave constitutional problems.Lauro confirmed that he planned to file a motion to dismiss the conspiracy charges, as well as another to transfer the case from Washington DC’s federal courthouse to one in West Virginia, a state where Trump won 69% of the votes in 2020, his second largest margin of victory in a state after Wyoming. “We would like a diverse venue and diverse jury to have an expectation that will reflect the characteristics of the American people,” he said. “I think West Virginia would be an excellent venue.” Lauro was brought on to Trump’s legal team in mid-July. He has defended a string of controversial clients who include Dewayne Allen Levesque – manager of the Pink Pony nightclub in Florida who was acquitted of charges of racketeering, conspiracy, and aiding and abetting prostitution – and the disgraced NBA referee Tim Donaghy, who admitted to taking payoffs from bookies in exchange for a one-year, three-month prison sentence. Trump will not accept a plea deal in the criminal conspiracy charges, Lauro told CBS.
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Post by Webster on Aug 9, 2023 11:30:21 GMT -5
(The Guardian) Judge schedules Friday hearing on protective order in January 6 caseThe judge presiding over Donald Trump’s election subversion case, US district judge Tanya Chutkan, has set a date for a hearing on a proposed protective order by prosecutors. The protective order, if granted, will govern how evidence is handled in the case. The order, requested last Friday by special counsel Jack Smith’s team, asks for Trump to be prohibited from publicly sharing evidence in the case during the discovery phase. The decision to schedule the hearing for Friday morning comes a day after the special counsel’s office and Trump’s legal team filed dueling motions over the proposed protective order. Trump is not required to be present at the Friday hearing in Washington DC, Chutkan said.
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Post by Webster on Aug 10, 2023 14:23:37 GMT -5
(The Guardian) Prosecutors propose 2 January trial date for Trump 2020 election interference caseFederal prosecutors asked a judge to set a 2 January trial date for former president Donald Trump in the case related to his efforts to overturn the results of the 2020 election. In court documents, prosecutors with special counsel Jack Smith’s team said they want the case before US district judge Tanya Chutkan to move to trial swiftly in Washington’s federal court. Prosecutors estimate that it will take four to six weeks to present their case. This trial date, and the proposed schedule outlined below, would give the defendant time to review the discovery in this case and prepare a defense, and would allow the Court and parties to fully litigate any pre-trial legal issues. The team added: Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial—an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes.
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Post by Webster on Aug 11, 2023 13:31:15 GMT -5
(The Guardian) A hearing at the US district court in Washington DC is on the books today at 10am with federal prosecutors and Donald Trump’s attorneys. The hearing, which the US district judge Tanya Chutkan will preside over, surrounds federal prosecutors’ request for a protective order to reject Trump’s request for fewer restrictions on his ability to publicly share evidence collected throughout the January 6 criminal case. Trump’s lawyers are expected to urge Chutkan to allow him more freedom to publicly share pieces of evidence that will be used in the trial over subversion of the 2020 presidential election. Prosecutors are concerned that Trump may weaponize certain details of the confidential evidence against witnesses and in turn intimidate them. Trump, who has pleaded not guilty to four charges over efforts to overturn the 2020 presidential election, is not expected to appear at today’s hearing.
Federal prosecutors and Donald Trump attorneys are scheduled to attend a hearing at the US district court in Washington DC today at 10am over special counsel Jack Smith’s request to limit Trump’s ability to publicly reveal evidence collected during the January 6 criminal investigation. The US district judge Tanya Chutkan is set to preside over the hearing, which comes a week after Trump’s arraignment during which he pleaded not guilty to four charges over efforts to overturn the 2020 election. Trump’s lawyers are expected to urge Chutkan to allow him more freedom to publicly share pieces of evidence that will be used in the trial over subversion of the 2020 presidential election. Prosecutors have requested Chutkan to impose a protective order that would guard evidence before sharing the materials with Trump’s attorneys. Prosecutors are concerned that Trump may weaponize certain details of the confidential evidence against witnesses and in turn intimidate them. Trump has already attacked Chutkan, writing on Truth Social: “There is no way I can get a fair trial with the judge ‘assigned’ to the ridiculous freedom of speech/fair elections case.” At one point, the former president also wrote: “If you go after me, I’m coming after you!” Trump has criticized the indictment as a political witch-hunt led by the Joe Biden administration. CNN reports that the security detail assigned to Chutkan has been increased in the federal courthouse. A spokesperson from the US Marshals Service told the outlet: “Ensuring that judges can rule independently and free from harm or intimidation is paramount to the rule of law, and a fundamental mission of the USMS.” -- “While we do not discuss our specific security measures, we continuously review the measures in place and take appropriate steps to ensure the integrity of the federal judicial process,” he added.
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Post by Webster on Aug 11, 2023 13:33:41 GMT -5
(The Guardian) Donald Trump’s lawyers Todd Blanche, John Lauro and Greg Singer are in the courtroom for the hearing before the US district court judge Tanya Chutkan, scheduled to start at 10am. Prosecutors from the special counsel’s office, Molly Gaston and Thomas Windom, have also arrived in the courtroom. Gaston brings significant January 6-related experience to the special counsel’s team. She was the assistant US attorney who prosecuted former Trump strategist Steve Bannon for contempt of Congress after he defied the House January 6 committee’s subpoena in 2021, and has prosecuted dozens of January 6 riot defendants with obstruction of an official proceeding — one of the charges that have been brought against Trump.
US judge Tanya Chutkan says it is her intention to issue a protective order and resolve objections from both sides at today’s hearing.
“Mr Trump, like every American, has a first amendment right to free speech, but that right is not absolute,” said judge Tanya Chutkan.
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Post by Webster on Aug 11, 2023 13:34:48 GMT -5
(The Guardian) 'Trump has right to free speech but that right is not absolute', says judgeThe protective order hearing at federal court in Washington DC has begun, with US judge Tanya Chutkan announcing that it is her intention to issue a protective order and resolve objections from both sides. Trump’s lawyers are expected to urge Chutkan to allow him more freedom to publicly share pieces of evidence that will be used in the trial over subversion of the 2020 presidential election. Meanwhile, prosecutors, who have requested Chutkan to impose a protective order, are concerned that Trump may weaponize certain details of the confidential evidence against witnesses and in turn intimidate them. Chutkan said that she will not factor the effect of the scope of the protective order on Trump’s presidential campaign, the Guardian’s Hugo Lowell, who is at the hearing, reports. “Mr Trump, like every American, has a first amendment right to free speech, but that right is not absolute,” Chutkan said, adding: “I intend to keep politics out of this.”
US judge Tanya Chutkan said she will adopt the defense’s scope for the protective order – non sensitive material won’t be covered – because she is not persuaded that the justice department showed good cause. However, she notes that Trump is bound by release conditions preventing witness intimidation anyway. Chutkan denied the defense’s other edits, saying Trump’s ask to broaden the definition of authorized people to access the discovery material is too broad and could “include just about anyone” including “unindicted co-conspirators”.
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Post by Webster on Aug 11, 2023 13:35:39 GMT -5
(The Guardian) US judge Tanya Chutkan also denied Trump’s request that any materials he acquires independently – as in, not through discovery – be exempt from the protective order. Only records that are publicly available will be exempt, using DOJ’s suggestions.
US judge Tanya Chutkan rejected Trump’s request to designate witness transcripts and videos as non-sensitive (and thereby exclude them from the protective order). -- “Disclosure of any of those materials creates too great a risk that witnesses may be intimidated,” she said.
US judge Tanya Chutkan said she will deny Trump’s request to have the justice department mark every record it designates as sensitive. “Individually marking documents would be too burdensome and unnecessary,” she said.
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Post by Webster on Aug 11, 2023 13:36:52 GMT -5
(The Guardian) US judge Tanya Chutkan allows Trump’s request to be allowed to review sensitive materials without presence of counsel, but says he cannot have access to an electronic device or replicating device and counsel must review any notes he takes. Chutkan said lawyers must regain custody of the material from Trump and safeguard it for any breaks or lunch. -- “Certainly he can’t carry them around with him,” she said.
US judge Tanya Chutkan said she intends for this case to proceed in the public record as much as possible. -- “Any motions to file under seal, especially ex parte motions, must articulate the need for those designations,” she said.
Special counsel prosecutor Thomas Windom told the court that the Trump 2020 case involves 11.6m pages of files in discovery material. Windom said most of the discovery production will be complete by 28 August, when both parties have their next conference.
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Post by Webster on Aug 14, 2023 16:43:44 GMT -5
(The Guardian) Donald Trump’s Truth Social post on Monday warning former Georgia lieutenant governor, Geoff Duncan, against testifying before the Fulton County grand jury, comes days after the federal judge presiding over a separate Trump case warned inflammatory remarks from the former president would push her to schedule the trial sooner. US district court judge Tanya Chutkan said on Friday that she would take every step to safeguard the integrity of proceedings and to avoid tainting the potential jury pool. The admonition came as she ruled on Trump’s requests to have fewer restrictions in a protective order that will govern what evidence turned over to his lawyers in the discovery process the former president could share publicly. Broadly speaking, Chutkan ruled that Trump was free to share “non-sensitive materials” as designated by prosecutors, but narrowed the scope so closely that it could ultimately amount to only a pyrrhic victory. Chutkan also ended up rejecting the majority of Trump’s other requests.
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Post by Webster on Aug 16, 2023 12:54:54 GMT -5
(The Guardian) Special counsel obtained Trump's direct messages in Twitter search warrantThe special counsel’s investigation into Donald Trump and his attempts to overturn the 2020 election obtained a trove of direct messages that the former president sent to others privately through his Twitter account, according to court documents unsealed on Tuesday. Federal prosecutors obtained a search warrant for the former president’s Twitter account in January in which they sought “all content, records, and other information relating to communications sent from or received” from October 2020 to January 2021, the papers show. A court filing last week showed the team of special counsel Jack Smith obtained a search warrant in January directing Twitter, which recently rebranded to X, to produce “data and records” related to Trump’s Twitter account as well as a non-disclosure agreement prohibiting Twitter from disclosing the search warrant. The social media platform delayed complying, prompting a federal judge to hold Twitter in contempt and fine it $350,000, the filing showed. Newly unsealed transcripts of the court proceedings show that US district judge Beryl Howell asserted that the special counsel’s office had sought Trump’s direct messages from Twitter as part of a search warrant it executed in January. In one of the transcripts, a lawyer for Twitter confirmed that the company had turned over to the special counsel’s office “all direct messages, the DMs” from Trump’s witter account, including those sent, received and “stored in draft form”, the New York Times reported. It remained unclear what information the direct messages may contain and who may have written them. The warrant also specifically requested contents of “all tweets created, drafted, favorited/liked, or retweeted” by Trump’s account, including deleted tweets, as well as all associated multimedia, metadata and logs.
Court documents unsealed on Tuesday show a bruising battle with Twitter’s attorneys and special counsel Jack Smith’s office to obtain a search warrant for Donald Trump’s account. Federal prosecutors investigating Trump over his efforts to overturn the results of the 2020 election obtained a search warrant in January directing Twitter to produce “data and records” related to Trump’s Twitter account as well as a non-disclosure agreement prohibiting Twitter from disclosing the search warrant. The social media platform delayed complying, prompting a federal judge to hold Twitter, which recently rebranded to X, in contempt and fine it $350,000. But the fine was the least of the punishment, according to a Politico report. According to the court transcripts, US district judge Beryl Howell lit into Twitter for taking “extraordinary” and apparently unprecedented steps to give Trump advance notice about the search warrant, despite prosectors’ warnings that notifying Trump could cause grave damage to their investigation. The judge wondered why Twitter was taking “momentous” steps to protect Trump, returning to the theme repeatedly during the proceedings, the report said. In one hearing, she referenced Elon Musk, asking: Is it because the new CEO wants to cozy up with the former president?
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Post by Webster on Aug 17, 2023 14:43:10 GMT -5
(The Guardian) Texas woman charged with threatening to kill judge in Trump election caseA Texas woman was arrested on charges that she threatened to kill US district judge Tanya Chutkan, who is overseeing the prosecution of former president Donald Trump on allegations that he tried to overturn the 2020 election. Abigail Jo Shry, 43, of Alvin, Texas, called the federal courthouse in Washington DC on 5 August and left the threatening voicemail message, using a racist slur, according to court documents. In the call, Shry told the judge: “You are in our sights, we want to kill you,” according to the documents. Prosecutors allege Shry also said: “If Trump doesn’t get elected in 2024, we are coming to kill you.” Investigators traced the phone number and Shry later admitted to making the threatening call, according to a criminal complaint. Shry is charged with Transmission in Interstate or Foreign Commerce of any Communication Containing a Threat to Injure the Person of Another. She is being held in detention pending trial, according to court documents, and a bond hearing has been set for 13 September.
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