Ellis, Jenna (Attorney)

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    John Eastman, Former Trump Election Lawyer, Should Be Disbarred, Judge Finds

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    The decision was only the latest effort by bar officials to seek accountability against a group of lawyers who sought to help President Donald J. Trump stay in office despite his election loss.A judge in California recommended on Wednesday that the lawyer John Eastman be stripped of his law license, finding he had violated rules of professional ethics by persistently lying in his efforts to help former President Donald J. Trump maintain his grip on power after losing the 2020 election.In a 128-page ruling, the judge, Yvette Roland, said Mr. Eastman had willfully misrepresented facts in lawsuits he helped file challenging the election results and acted dishonestly in promoting a “wild theory” that Mr. Trump’s vice president, Mike Pence, could unilaterally declare him the victor during a certification proceeding at the Capitol on Jan. 6, 2021.“In sum, Eastman exhibited gross negligence by making false statements about the 2020 election without conducting any meaningful investigation or verification of the information he was relying upon,” Judge Roland found, adding that he had breached “his ethical duty as an attorney to prioritize honesty and integrity.”The ruling said Mr. Eastman would lose his license within three days of the decision being issued. While he can appeal the finding, the ruling makes his license “inactive,” meaning that he cannot practice law in California while a review is taking place.The decision was only the latest effort by bar officials across the country to seek accountability against a group of lawyers who pushed false claims of election fraud and sought to help Mr. Trump stay in office.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Let’s Talk Turkey and Politics

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      Ah, Thanksgiving. That magical time when friends and family gather round the table to share the love, reminisce — and bicker endlessly about politics and the state of the nation. If your clan is anything like mine, the conversation bends toward the grim and angsty: President Biden’s advanced age, Donald Trump’s legal dramas, Ron DeSantis’s creepy robot smile, the price of Tom Turkey, the chaos in Congress, the government’s alien cover-up …. It can be a lot.But there is, in fact, so much to be grateful for, especially in the political realm. Don’t laugh! And please stick with me while I share several of my favorites. Because while you may need to squint to see the silver lining in the political clouds, it is important to do so. Nothing is quite as dangerous as good people despairing and disengaging from politics, ceding the field to the crooks and cranks. Our democracy is too important.Let me start with an entry that may surprise many of you. I am thankful that Kevin McCarthy, in his brief and inglorious tenure atop the House, cut a bipartisan deal to avoid a debt default. I have said many, many harsh things about the ex-speaker over the years — every one of which he earned with his hollow, slippery spinelessness. But the guy wrecked his dream job to prevent his right-wingers from wrecking the global economy. Gotta give him props.I’m thankful that elections this year earned Republicans another spanking for their efforts to curtail women’s reproductive rights. Pro tip for abortion opponents: If you want women to buy your devotion to “a culture of life,” try pushing policies aimed at supporting mothers and children after delivery rather than focusing so stringently on restrictive measures that make you seem punitive and controlling.I am thankful that Congress is getting some time off this week so that thin-skinned, overly emotional men like Mr. McCarthy and Senator Markwayne Mullin can pull it together and stop picking physical fights — or, if you believe Mr. McCarthy, accidentally thwacking a colleague in the back — in the halls of government. (Sorry, Kev. You just keep asking for it.)On a related note, I am thankful that, after challenging a Senate witness to a smackdown, Mr. Mullin helpfully elaborated: “I’ll bite 100 percent. In a fight, I’m going to bite. I’ll do anything. I’m not above it. And I don’t care where I bite, by the way.” Stay classy, my man!I’m thankful that the U.S. judicial system is not treating Donald Trump as though he is above the law.I’m thankful that it has been more than 1,050 days since Trumpists last stormed the Capitol.More earnestly, I am thankful that we have now gone three election cycles without major upheaval or violence. Kudos to all the people, from lawmakers and lawyers to election clerks and poll workers, who labor to safeguard the integrity of America’s electoral system.I am thankful we have a president who believes in democracy. It feels weird to have to say that, but here we are.I’m thankful that the fine people of New Jersey finally seem ready to kick Senator Bob Menendez to the curb. Two criminal indictments in eight years feels like enough.I’m thankful that even Jim Jordan’s Republican colleagues understood that he is too big of a jerk to be the speaker.I am thankful not to be George Santos’s lawyer.Or Hunter Biden’s.Or Rudy Giuliani’s.Or Eric Adams’s.I am thankful that Jenna Ellis is not my lawyer. Seriously. Who gave this woman a J.D.?I am thankful that inflation is easing, though I wish it would ease even faster. People are struggling. High prices — and the perception of them — influence how voters feel about the state of the nation, and an angry electorate yearning for better economic days plays into the hands of Mr. Trump’s aggrieved brand of politics and his woo-’em-with-nostalgia message.I am thankful for governors of all political persuasions. Most, though certainly not all, tend to be more solutions-oriented and open to cross-aisle compromise than members of Congress, who operate with more of a team-based mind-set.I am thankful that Mike Pence got the message that no one wants him to be president.I am thankful that Nikki Haley knows how to throw a political punch — especially at Vivek Ramaswamy.I am thankful that even many Republicans clearly get that Mr. Ramaswamy is the most obnoxious creature ever to run for president.I am thankful that Tucker Carlson no longer has a sweet prime-time platform from which to poison the minds of America’s grandparents.I would like to be thankful for the Supreme Court’s new ethics code. The court needed some boundaries after all the revelations about Justice Clarence Thomas for years accepting luxury vacations and other eye-popping gifts from rich friends (without disclosing some of them) and participating in conservative donor events (on the q.t.) and failing to recuse himself from cases related to the political shenanigans of his wife, Ginni, including her work to overthrow the 2020 presidential election. Sadly, this code is a wilted, flimsy fig leaf. Still, it suggests the justices can recognize when one of their own has crossed a line. So maybe they’ll do better after Justice Thomas gets back from his next friend-funded holiday or a buddy spots him an even bigger, shinier R.V.I’m thankful that the House Republicans’ shabby impeachment inquiry into President Biden has been almost as embarrassing for them so far as a night out with Lauren Boebert.Speaking of, I’m super thankful Ms. Boebert had the decency not to take her date to a matinee of “Beetlejuice,” where there would probably have been even more easily scarred children.I am thankful the new House speaker, Mike Johnson, brushed back his ultraconservative colleagues to spare the nation a holiday-season government shutdown. Some of these wingers already have started working to make him pay for this betrayal, but, seriously, what are they going to do — oust him?Lastly, I cannot adequately express how thankful I am to live in a country where I can poke fun at political leaders who so richly deserve it without fear of government reprisal. God bless America.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Jenna Ellis Could Become a Star Witness Against Trump

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      When Jenna Ellis last week became the most recent lawyer to join in an accelerating series of guilty pleas in the Fulton County, Ga., prosecution of Donald Trump and his co-conspirators, she offered a powerful repudiation of the “Big Lie” that could potentially cut the legs out from under Donald Trump’s defense, make her a star witness for prosecutors and a potent weapon against the former president’s political ambitions.Ms. Ellis admitted that the allegations of election fraud she peddled as an advocate for the effort to overturn the 2020 election were false. Two other plea deals, from Kenneth Chesebro and Sidney Powell, have been important, but Ms. Ellis is in a unique position to aid prosecutors in the Georgia case and possibly even the parallel federal one — as well as Mr. Trump’s opponents in the court of public opinion.Ms. Ellis pleaded guilty to a felony count of aiding and abetting the false statements made by co-defendants (including Rudy Giuliani) to the Georgia Senate about supposed voting fraud in the 2020 presidential election. These included that “10,315 or more dead people voted” in Georgia, “at least 96,000 mail-in ballots were counted” erroneously and “2,506 felons voted illegally.”These lies were at the cutting edge of Mr. Trump’s assault on the election. Both the state and federal criminal prosecutions allege that Mr. Trump and his co-conspirators knowingly deployed falsehoods like these in their schemes to overturn the election.Ms. Ellis emerged from her plea hearing as a likely star witness for prosecutors, starting with the one who secured her cooperation, the Fulton County district attorney Fani Willis. Unlike Mr. Chesebro and Ms. Powell, in pleading guilty Ms. Ellis spoke in detail about her “responsibilities as a lawyer.” Tearing up, she talked about the due diligence that “I did not do but should have done” and her “deep remorse for those failures of mine.” The judge, a tough former prosecutor, thanked her for sharing that and noted how unusual it was for a defendant to do so.Trials are about the evidence and the law. But they are also theater, and the jury is the audience. In this case, the jury is not the only audience — the Georgia trials will be televised, so many Americans will also be tuned in. Ms. Ellis is poised to be a potent weapon against Mr. Trump in the courtroom and on TVs.That is bad news for her former co-defendants — above all, Mr. Giuliani and Mr. Trump. Ms. Ellis was most closely associated with Mr. Giuliani, appearing by his side in Georgia and across the country. If her court appearance last week is any indication, she will be a compelling guide to his alleged misconduct. She will also add to what is known about it; she and Mr. Giuliani undoubtedly had many conversations that are not yet public and that will inform the jury. And because Mr. Giuliani was the senior lawyer on the case, her pointed statement that she was misled by attorneys “with many more years of experience” hits him directly.Ms. Ellis’s likely trial testimony will also hit Mr. Trump hard. She has now effectively repudiated his claims that he won the election — an argument that is expected to be a centerpiece of his trial defense. Coming from a formerly outspoken MAGA champion, her disagreement has the potential to resonate with jurors.It also builds on substantial other evidence against the former president, which includes voluminous witness testimony collected by the House Jan. 6 committee indicating that many advisers told him the election was not stolen — and that in private he repeatedly admitted as much.Ms. Ellis’s testimony may also compromise one of Mr. Trump’s main defenses. He has made clear he intends to claim he relied on advice of counsel. But that defense is available only if the lawyers are not part of the alleged crimes. Ms. Ellis’s plea puts her squarely within the conspiracy, as do those of Mr. Chesebro and Ms. Powell. That will hamper Mr. Trump’s effort to present a reliance-on-counsel defense.In comparing Ms. Ellis to the two other lawyers who pleaded guilty, it is also critical to note that she is promising full cooperation with Ms. Willis. Mr. Chesebro and Ms. Powell have important contributions to make to the prosecution, but they merely agreed to provide documents, preview their testimony and testify truthfully if called.Ms. Ellis took the additional step of also agreeing “to fully cooperate with prosecutors,” which could include doing interviews with prosecutors, “appearing for evidentiary hearings, and assisting in pretrial matters.”To our knowledge, Ms. Ellis is not yet cooperating with prosecutors in the federal case led by the special counsel Jack Smith, but if she does, she would have a comparative advantage for the prosecution over Mr. Chesebro and Ms. Powell: They are identified as unindicted co-conspirators in that case and would be more problematic for Mr. Smith to deal with. He may not, for example, be willing to immunize them should they assert their privilege against self-incrimination, since that would hamper prosecuting them. But because he has not named Ms. Ellis among Mr. Trump’s alleged federal co-conspirators, he may feel more free to extend immunity to secure her valuable testimony. (He has reportedly done just that with Mark Meadows, a former Trump White House chief of staff.)Ms. Ellis’s guilty plea may also have political reverberations. It is riveting to see a MAGA champion who helped lead the election assault tearfully admitting she and that effort misled the American people. Her court appearance was live-streamed and repeated in a loop on television and social media.Looking ahead in the Georgia case, the judge just got back the five months that he had set aside for the Chesebro and Powell trial. Even if Mr. Trump manages to postpone appearing before a Georgia jury during that window, the trial of other defendants could begin within it — and certainly during 2024. That means Ms. Ellis and other existing and potential witnesses against Mr. Trump will likely be critical not only in the legal arena, but the political one.With Mr. Trump showing no signs of backing down from his claims of 2020 election fraud and a new election upon us, Ms. Ellis’s plea — like the televised Jan. 6 committee testimony of Cassidy Hutchinson, another Trump insider who turned on him with powerful effect — could be a potential turning point in the court of public opinion. When Mr. Trump’s lies are repeated in the future, in whatever venue, expect to see Ms. Ellis often.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate lawyer in Savannah, Ga.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Trump’s Allies Pledged Loyalty to Him. Until They Didn’t.

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      The former president is facing down Michael Cohen, his longtime fixer, in a Manhattan courtroom, while other ex-loyalists are cooperating in a case against him in Georgia.Donald J. Trump could not hide his anger. Sitting at the front of a crowded New York courtroom this week, he folded his arms tightly across his chest. He tossed his head and scowled. He stared into the middle distance and scrolled through his phone.His ire was directed at Michael D. Cohen, his former personal lawyer and fixer, who had taken the witness stand 15 feet away and had promptly called Mr. Trump a liar. Mr. Cohen has told his share of lies as well. But in court, he swore he had done so “at the direction of, in concert with and for the benefit of Mr. Trump.”Mr. Cohen’s two days of dramatic testimony this week provided the first glimpse of what could become a familiar scene: Mr. Trump, sitting at a defense table, watching as a lawyer who once did his bidding now cooperated with the authorities seeking to hold him to account.On the same day Mr. Cohen began his testimony, Jenna Ellis, who had sought to help Mr. Trump overturn the results of the 2020 election, pleaded guilty to state charges in Georgia. She was preceded by Sidney Powell and Kenneth Chesebro, both lawyers who worked with Mr. Trump’s campaign, both now expected to cooperate in the criminal case that the Georgia prosecutors brought against him.The circumstances surrounding the Georgia criminal case and the Manhattan civil fraud trial are vastly different. But near the center of each case are lawyers who pledged public fealty to Mr. Trump — until they very publicly did not.Mr. Trump has long relied on a phalanx of legal attack dogs to speak on his behalf, or to do or say things he would rather not do or say himself. And because Mr. Trump has such a tenuous relationship with the truth, those lieutenants often spread a message that prosecutors and investigators consider to be outright lies. Lies about an election he lost, a relationship with a porn star he may have had and a net worth he may not quite have achieved.Now those statements are ricocheting back at Mr. Trump as he contends with the civil trial in New York, brought by the state’s attorney general, Letitia James, and with four criminal indictments up and down the East Coast. And while Mr. Trump is quick to blame his betrayers — Mr. Cohen is “proven to be a liar,” he said outside the courtroom this week — his predicament was born from his own lopsided approach to relationships.Mr. Trump has a history of disavowing people who were once close to him and find themselves in trouble. He had long since cut ties with Mr. Cohen — until Tuesday, they had not seen each other in five years — and more recently he distanced himself from the lawyers in the Georgia case. He had also refused to pay their mounting legal bills.Their relationships, a one-way street flowing in Mr. Trump’s direction, appeared to work for a time. But when those loyal soldiers faced their own legal jeopardy, their allegiance to the former president became strained or even shattered.There have been exceptions since Mr. Trump’s split with Mr. Cohen. Mr. Trump’s political action committee has picked up the legal bills for his co-defendants in the federal criminal case involving his handling of classified government documents, as well as those of several witnesses connected to the case.Mr. Trump’s company also agreed to dole out a $2 million severance payment to his longtime chief financial officer, Allen H. Weisselberg, and continues to pay for Mr. Weisselberg’s lawyers. Mr. Weisselberg pleaded guilty to tax fraud and testified at the company’s criminal trial last year, but has stopped short of turning on Mr. Trump.Mr. Cohen was among several in a series of people who Mr. Trump turned to over decades in the hopes they would emulate his first fixer and defender, the lawyer Roy Cohn. “Roy was brutal, but he was a very loyal guy,” Mr. Trump told one of his biographers, Timothy O’Brien, in an interview. “He brutalized for you.”That brutality — along with Mr. Cohn’s method of conflating public relations defenses with legal ones, making showy displays in court and accusing the federal government of “Gestapo-like tactics” against Mr. Trump in a 1970s suit alleging housing discrimination — became Mr. Trump’s preferred model for a lawyer.Mr. Cohen has often said that those sort of tactics influenced what Mr. Trump looks for in those who defend him.While it is unclear how useful Ms. Ellis and the other two lawyers will be to the case against Mr. Trump in Georgia, Mr. Cohen has already been tormenting Mr. Trump for the last five years. Ms. Ellis became critical of him publicly in the last several months.Mr. Trump made a point of attending the trial in Manhattan this week to watch Mr. Cohen’s testimony in person.Dave Sanders for The New York TimesFor Mr. Trump, the feud with Mr. Cohen is personal. Although he is running for president and fighting the four indictments, none of those obligations could pry him away from the Manhattan courtroom to watch Mr. Cohen’s testimony. Mr. Trump did not have to attend the testimony, but people close to him say he believes events go better for him when he is present.Mr. Trump’s falling out with Mr. Cohen stemmed from their dealings with the porn star Stormy Daniels.In the final stretch of the 2016 presidential campaign, Mr. Cohen paid Ms. Daniels $130,000 to silence her story of an affair with Mr. Trump years earlier — an affair that Mr. Trump denied had ever taken place.The deal came to light in 2018, and soon, the F.B.I. had searched Mr. Cohen’s home and office. As Mr. Cohen’s life imploded, Mr. Trump began to distance himself from his fixer, and eventually, his company stopped paying Mr. Cohen’s legal bills altogether.Mr. Cohen soon lashed out and began to speak with prosecutors. When he pleaded guilty that year for his role in the hush-money deal, he stood up in court and pointed the finger at the then-president. Mr. Trump, Mr. Cohen declared, had directed the payment of the hush money.Although the federal prosecutors declined to indict Mr. Trump, this year the Manhattan district attorney’s office brought charges against him related to the deal, using Mr. Cohen as a potential star witness for a trial scheduled to start in the spring. Mr. Cohen has also testified before Congress that the former president’s company had manipulated financial statements to reach Mr. Trump’s desired net worth. That testimony was the catalyst for Ms. James to open her investigation.When Ms. James’s team questioned Mr. Cohen on Tuesday, he repeated many of the same accusations, testifying that Mr. Trump had directed him to “reverse engineer” annual financial statements to reach the former president’s desired net worth.Mr. Cohen spoke calmly and confidently as he recounted Mr. Trump’s obsession with his net worth.But the Trump team’s cross-examination exposed the perils of relying on a disgruntled former aide, especially one as temperamental as Mr. Cohen.Mr. Trump’s lawyers seized on Mr. Cohen’s inconsistent statements about the former president and his own crimes, leading him to admit to having lied a number of times. Toward the end of the second day of cross-examination, Mr. Cohen appeared visibly flustered as he tripped over rapid-fire questions about whether Mr. Trump had personally directed him to inflate numbers on his annual financial statements. Mr. Cohen said he had not, prompting Mr. Trump and one of his lawyers, Alina Habba, to throw their hands up in victory.Ms. Habba also resurfaced a series of glowing remarks Mr. Cohen once made about his boss, further underscoring his about-face.“I think he’s going to be an amazing president”; “I’m the guy who would take the bullet for the president”; “I think the world of him, I respect him as a business man and I respect him as a boss,” Ms. Habba emphatically read, as she circled the courtroom with a hand-held microphone like a preacher delivering a sermon.This appeared to delight Mr. Trump, who turned to watch Ms. Habba while draping his arm over her empty chair.Before Mr. Cohen completed his testimony on Wednesday, one of Mr. Trump’s lawyers asked Justice Arthur J. Engoron to dismiss the case, citing Mr. Cohen’s contradictions.Justice Engoron denied the request, and Mr. Trump stormed out of the courtroom.Kate Christobek More

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      Trump’s Lawyers Are Going Down. Is He?

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      On Tuesday morning, Jenna Ellis became the third Donald Trump-allied lawyer to plead guilty in Fulton County, Ga., to state criminal charges related to Trump’s efforts to overturn the results of the 2020 presidential election in Georgia. She joins Sidney Powell and Kenneth Chesebro in similar pleas, with each of them receiving probation and paying a small fine, and each of them cooperating with the prosecution in its remaining cases against Trump and his numerous co-defendants.The Ellis, Powell and Chesebro guilty pleas represent an advance for both the state election prosecution in Georgia and the federal election prosecution in Washington. While their guilty pleas came in the Georgia case (they’re not charged in the federal prosecution, though Powell and Chesebro have been identified as unindicted co-conspirators in that case), the information they disclose could be highly relevant to Jack Smith, the special counsel investigating Trump.Perhaps as important, or even more important, the three attorneys’ admissions may prove culturally and politically helpful to those of us who are attempting to break the fever of conspiracy theories that surround the 2020 election and continue to empower Trump today. At the same time, however, it’s far too soon to tell whether the prosecution has made real progress on Trump himself. The ultimate importance of the plea deals depends on the nature of the testimony from the lawyers, and we don’t yet know what they have said — or will say.To understand the potential significance of these plea agreements, it’s necessary to understand the importance of Trump’s legal team to Trump’s criminal defense. As I’ve explained in various pieces, and as the former federal prosecutor Ken White explained to me when I guest-hosted Ezra Klein’s podcast, proof of criminal intent is indispensable to the criminal cases against Trump, both in Georgia and in the federal election case. While the specific intent varies depending on the charge, each key claim requires proof of conscious wrongdoing — such as an intent to lie or the “intent to have false votes cast.”One potential element of Trump’s intent defense in the federal case is that he was merely following the advice of lawyers. In other words, how could he possess criminal intent when he simply did what his lawyers told him to do? He’s not the one who is expected to know election laws. They are.According to court precedent that governs the federal case, a defendant can use advice of counsel as a defense against claims of criminal intent if he can show that he “made full disclosure of all material facts to his attorney” before he received the advice, and that “he relied in good faith on the counsel’s advice that his course of conduct was legal.”There is a price, though, for presenting an advice-of-counsel defense. The defendant waives attorney-client privilege, opening up both his oral and written communications with his lawyers to scrutiny by a judge and a jury. There is no question that a swarm of MAGA lawyers surrounded Trump at each step of the process, much like a cloud of dirt surrounds the character Pigpen in the “Peanuts” cartoons, but if the lawyers themselves have admitted to engaging in criminal conduct, then that weakens his legal defense. This was no normal legal team, and their conduct was far outside the bounds of normal legal representation.Apart from the implications of the advice-of-counsel defense, their criminal pleas, combined with their agreements to cooperate, may grant us greater visibility into Trump’s state of mind during the effort to overturn the election. The crime-fraud exception to attorney-client privilege prevents a criminal defendant from shielding his communications with his lawyers when those communications were in furtherance of a criminal scheme. If Ellis, Powell or Chesebro can testify that the lawyers were operating at Trump’s direction — as opposed to Trump following their advice — then that testimony could help rebut Trump’s intent defense.At the same time, I use words like “potential,” “if,” “may” and “could” intentionally. We do not yet know the full story that any of these attorneys will tell. We only have hints. Ellis said in court on Tuesday, for example, that she “relied on others, including lawyers with many more years of experience than I, to provide me with true and reliable information.” Indeed, Fani Willis, the Fulton County district attorney, has indicted two other attorneys with “many more years of experience” — Rudy Giuliani and John Eastman. If Ellis’s court statement is any indication, it’s an ominous indicator for both men.If you think it’s crystal clear that the guilty pleas are terrible news for Trump — or represent that elusive “we have him now” moment that many Trump opponents have looked for since his moral corruption became clear — then it’s important to know that there’s a contrary view. National Review’s Andrew McCarthy, a respected former federal prosecutor, argued that Powell’s guilty plea, for example, was evidence that Willis’s case was “faltering” and that her RICO indictment “is a dud.”“When prosecutors cut plea deals with cooperators early in the proceedings,” McCarthy writes, “they generally want the pleading defendants to admit guilt to the major charges in the indictment.” Powell pleaded guilty to misdemeanor charges. Ellis and Chesebro both pleaded to a single felony charge, but they received punishment similar to Powell’s. McCarthy argues that Willis allowed Powell to plead guilty to a minor infraction “because minor infractions are all she’s got.” And in a piece published Tuesday afternoon, McCarthy argued that the Ellis guilty plea is more of a sign of the “absurdity” of Willis’s RICO charge than a sign that Willis is closing in on Trump, a notion he called “wishful thinking.”There’s also another theory regarding the light sentences for the three lawyers. When Powell and Chesebro sought speedy trials, they put the prosecution under pressure. As Andrew Fleischman, a Georgia defense attorney, wrote on X, the site formerly known as Twitter, it was “extremely smart” to seek a quick trial. “They got the best deal,” Fleischman said, “because their lawyers picked the best strategy.”As a general rule, when evaluating complex litigation, it is best not to think in terms of legal breakthroughs (though breakthroughs can certainly occur) but rather in terms of legal trench warfare. Think of seizing ground from your opponent yard by yard rather than mile by mile, and the question at each stage isn’t so much who won and who lost but rather who advanced and who retreated. Willis has advanced, but it’s too soon to tell how far.The guilty pleas have a potential legal effect, certainly, but they can have a cultural and political effect as well. When MAGA lawyers admit to their misdeeds, it should send a message to the Republican rank and file that the entire effort to steal the election was built on a mountain of lies. In August, a CNN poll found that a majority of Republicans still question Joe Biden’s election victory, and their doubts about 2020 are a cornerstone of Trump’s continued political viability.Again, we can’t expect any single thing to break through to Republican voters, but just as prosecutors advance one yard at a time, opposing candidates and concerned citizens advance their cultural and political cases the same way. It’s a slow, painful process of trying to wean Republicans from conspiracy theories, and these guilty pleas are an important element in service of that indispensable cause. They represent a series of confessions from the inner circle and not a heated external critique.Amid this cloud of uncertainty, there is one thing we do know: With each guilty plea, we receive further legal confirmation of a reality that should have been plainly obvious to each of us, even in the days and weeks immediately following the election. Trump’s effort to overturn the election wasn’t empowered by conventional counsel providing sound legal advice. It was a corrupt scheme empowered by an admitted criminal cabal.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Jenna Ellis Had Close Trump Ties Before Flipping in Georgia Election Case

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      Jenna Ellis, the lawyer who pleaded guilty and agreed to cooperate with the authorities in the Georgia prosecution, was closely involved in efforts to overturn the 2020 election.A few days before the 2020 election was slated to be certified by Congress, the lawyer Jenna Ellis sent President Donald J. Trump a memo suggesting a way he could stay in power by upending the normal course of American democracy.In the memo, Ms. Ellis, who had little experience in constitutional law, offered Mr. Trump advice he was also getting from far more seasoned lawyers outside government: to press his vice president, Mike Pence, who would be overseeing the certification ceremony at the Capitol on Jan. 6, 2021, not to open any Electoral College votes from six key swing states that Mr. Trump had lost.While Mr. Pence ultimately rejected Mr. Trump’s entreaties, state prosecutors in Georgia later accused Ms. Ellis of helping to develop a strategy for “disrupting and delaying” the election certification and with working closely with pro-Trump lawyers like Rudolph W. Giuliani as part of a sprawling racketeering case.On Tuesday, Ms. Ellis pleaded guilty to some of those charges at a court proceeding in Georgia, in which she tearfully agreed to work with the Fulton County District Attorney’s Office as it continues to prosecute Mr. Trump, Mr. Giuliani and more than a dozen other people.During her plea hearing, Ms. Ellis told the judge that she had relied on lawyers “with many more years of experience” than she had, a potentially ominous sign for Mr. Giuliani in particular.A spokesman for Mr. Giuliani did not immediately respond to a request for comment. With her guilty plea, Ms. Ellis became the fourth defendant — and the third lawyer — in the case to reach a cooperation deal with Fani T. Willis, the Fulton County district attorney. What began with a trickle last week, when two other pro-Trump lawyers — Sidney Powell and Kenneth Chesebro — pleaded guilty and agreed to turn state’s evidence, started to look a lot like a flood when Ms. Ellis appeared in court.While a person familiar with Ms. Ellis’s thinking described her as being extremely angry at Mr. Giuliani, her cooperation could be perilous for Mr. Trump as well. Ms. Ellis was on board with Mr. Trump’s team up until the end of his term in office — and he has since refused to help her with her legal bills. And unlike a number of people swirling around the former president, she had a direct relationship to Mr. Trump and was in contact with him at various points while he was in the White House.Indeed, if Ms. Ellis, Ms. Powell and Mr. Chesebro all end up taking the stand, they could paint a detailed collective portrait of Mr. Trump’s activities in the postelection period. Their accounts could include the thinking behind the frivolous lawsuits filed on his behalf challenging the results of the election and the role Mr. Trump played in a scheme to create false slates of electors claiming he had won states he did not.They could touch upon a brazen plot, rejected by Mr. Trump, to use the military to seize the country’s voting machines. And they could detail his efforts to strong-arm Mr. Pence into unilaterally throwing him the election on Jan. 6 — an effort that prosecutors say played a part in exciting the mob that stormed the Capitol.Steven H. Sadow, the lead lawyer representing Mr. Trump in the Georgia case, said the series of pleas shows “this so-called RICO case is nothing more than a bargaining chip” for the district attorney in charge of the prosecution, Fani T. Willis. He added that Ms. Ellis had pleaded guilty to a charge that was not part of the original indictment and that “doesn’t even mention President Trump.”A former prosecutor from a mostly rural county north of Denver, Ms. Ellis initially caught Mr. Trump’s eye by appearing on Fox News, where she beat the drum for some of his political positions — his immigration policy, among them. Mr. Trump formally brought her on as a campaign adviser in November 2019.The following year, she was among the people whom Mr. Trump often spoke with as Black Lives Matter protests erupted across the country, including in Washington. The local protests, some of which took place near the White House, enraged Mr. Trump and he looked for people to validate his desire to employ the force of the federal government to stop them.After Mr. Trump lost the election, Ms. Ellis quickly signed on with a self-described “elite strike force,” a group of lawyers that included Ms. Powell and Mr. Giuliani and began to push the false narrative that the presidential race had been rigged.In mid-November 2020, she appeared at a news conference in Washington where, as dark liquid dripped down Mr. Giuliani’s face, Ms. Powell laid out an outrageous conspiracy theory that a voting machine company called Dominion had used its election software to flip thousands of votes away from Mr. Trump to his opponent, Joseph R. Biden Jr.As Ms. Powell and other lawyers began to file a flurry of lawsuits challenging the election results, Ms. Ellis embarked on a kind of a traveling roadshow, accompanying Mr. Giuliani to key swing states for informal hearings with state lawmakers where they presented claims that Mr. Trump had been cheated out of victory.Over the span of about a week, in November and early December 2020, Ms. Ellis sat beside Mr. Giuliani at gatherings in Pennsylvania, Arizona, Michigan and Georgia. Their presence at these events, prosecutors say, was often coupled with direct appeals to state officials either to decertify the election results or to join in the so-called fake elector scheme.Even after Mr. Trump left office in 2021, he urged Ms. Ellis to keep alive the notion that he could be restored to the presidency.From Mar-a-Lago, his private club and residence in Florida, he encouraged various people — among them, conservative writers — to promote the idea that the efforts to overturn the results were not at an end and that there was still a possibility he could be returned to the White House.When Ms. Ellis posted on X that such a thing was impossible, Mr. Trump told her that her reputation would be damaged, a statement she took as pressure to reverse what she had said, according to a person with direct knowledge of the discussion.Mr. Trump, according to two people with direct knowledge of the discussion, conceded it was “almost impossible” but said that he wanted to keep the idea in circulation. It was an early sign of tension with the former president.Ms. Ellis has already said that she knowingly misrepresented the facts in several of her public claims that voting fraud had led to Mr. Trump’s defeat. Those admissions came as part of a disciplinary procedure conducted this spring by Colorado state bar officials. More

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      Jenna Ellis, Former Trump Lawyer, Pleads Guilty in Georgia Election Case

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      Three lawyers indicted with Donald Trump for trying to overturn the 2020 election results will now cooperate with prosecutors in the racketeering case.Jenna Ellis, a pro-Trump lawyer who amplified former President Donald J. Trump’s baseless claims of election fraud as part of what she called a legal “elite strike force team,” pleaded guilty on Tuesday as part of a deal with prosecutors in Georgia.During a public hearing Tuesday morning in Atlanta, Ms. Ellis pleaded guilty to a charge of aiding and abetting false statements and writings. She is the fourth defendant to plead guilty in the Georgia case, which charged Mr. Trump and 18 others with conspiring to overturn the 2020 presidential election in Mr. Trump’s favor.Ms. Ellis agreed to be sentenced to five years of probation, pay $5,000 in restitution and perform 100 hours of community service. She has already written an apology letter to the citizens of Georgia, and she agreed to cooperate fully with prosecutors as the case progresses.Prosecutors struck plea deals last week with Kenneth Chesebro, an architect of the effort to deploy fake Trump electors in swing states, and Sidney Powell, one of the most outspoken members of Mr. Trump’s legal team in the aftermath of the 2020 election.Late last month, Scott Hall, a bail bondsman charged along with Ms. Powell with taking part in a breach of voting equipment and data at a rural Georgia county’s elections office, pleaded guilty in the case.Fani T. Willis, the district attorney in Fulton County, Ga., obtained an indictment of the 19 defendants in August on racketeering and other charges, alleging that they took part in a criminal enterprise that conspired to interfere with the 2020 presidential election in Georgia. More

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      Prosecutors Ask if Trump Will Blame His Lawyers as Defense in Election Case

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      The special counsel asked a judge to require the former president to disclose whether he would blame poor legal advice for his attempts to overturn his 2020 election loss.Federal prosecutors asked a judge on Tuesday to force former President Donald J. Trump to tell them months before he goes to trial on charges of seeking to overturn the 2020 election whether he intends to defend himself by blaming the stable of lawyers around him at the time for giving him poor legal advice.In a motion filed to the judge, Tanya S. Chutkan, the prosecutors sought an order that would compel Mr. Trump to tell them by Dec. 18 if he plans to pursue the blame-the-lawyers strategy — known as an advice of counsel defense — at his federal election interference trial, which is now set to begin in March in Federal District Court in Washington.Both Mr. Trump and his current team of lawyers have “repeatedly and publicly announced” that they were going to use such arguments as “a central component of his defense,” prosecutors told Judge Chutkan in their filing. They said they wanted a formal order forcing Mr. Trump to tell them his plans by mid-December “to prevent disruption of the pretrial schedule and delay of the trial.”The early notification could also give prosecutors a tactical edge in the case. Defendants who pursue advice of counsel arguments waive the shield of attorney-client privilege that would normally protect their dealings with their lawyers. And, as prosecutors reminded Judge Chutkan, if Mr. Trump heads in this direction, he would have to give them not only all of the “communications or evidence” concerning the lawyers he plans to use as part of his defense, but also any “otherwise-privileged communications” that might be used to undermine his claims.Lawyers have been at the heart of the election interference case almost from the moment prosecutors first began issuing grand jury subpoenas to witnesses in the spring of 2022. Many of the subpoenas sought information about lawyers like John Eastman and Kenneth Chesebro, who entered Mr. Trump’s orbit around the time of the election and were instrumental in advising him about a scheme to create false slates of electors that declared him the winner of key swing states that had actually been won by his opponent, Joseph R. Biden Jr.The subpoenas also sought information about other lawyers, like Jenna Ellis and Rudolph W. Giuliani, who had not only advised Mr. Trump on the false elector plan, but had helped him advance claims that the election had been marred by widespread fraud.Moreover, lawyers from both Mr. Trump’s administration and his presidential campaign proved to be key witnesses in the investigation that began under the Justice Department and then was handed off to prosecutors working for the special counsel, Jack Smith.And when charges were finally filed against Mr. Trump, accusing him of three overlapping conspiracies to remain in power despite the will of the voters, the indictment identified six unnamed co-conspirators — most, if not all, of whom were lawyers as well.In their motion to Judge Chutkan, prosecutors noted that at least 25 witnesses in their sprawling investigation had withheld information based on assertions of attorney-client privilege. Those people, the prosecutors said, included Mr. Trump’s co-conspirators, some of his former campaign employees, some “outside attorneys” and “even a family member of the defendant,” who was not further identified.While prosecutors acknowledged that they were not entirely sure if Mr. Trump intended to raise an advice of counsel defense — or whether he was even legally entitled to do so — they did take note of the public statements that he and his current legal team have made suggesting that such arguments might be used at trial.The prosecutors pointed out that three days after Mr. Trump was arraigned in the case, one of his lawyers, John F. Lauro, made the rounds of the Sunday TV news shows, describing how Mr. Trump had been charged for “following legal advice” from Mr. Eastman, whom he described as “an esteemed scholar.”Weeks later, in an online interview with the former Fox News host Tucker Carlson, prosecutors said, Mr. Trump himself made similar claims. In their filing, they wrote that Mr. Trump claimed he had “some lawyers” who had advised him “that a particular course of action described in the indictment was appropriate.”In a separate filing on Tuesday, prosecutors sought to get a jump on what is certain to be the difficult process of picking a jury for the trial.Citing Mr. Trump’s “continued use of social media as a weapon of intimidation” — an issue that has come up in the government’s request for a gag order to be placed on the former president — the prosecutors asked Judge Chutkan to impose restrictions on information about potential jurors and those who are ultimately picked to serve.The prosecutors asked that no one involved in the case be allowed to publicly disclose information about the jurors gleaned during the selection process, in order to protect them “from intimidation and fear.”They also asked Judge Chutkan to consider arranging “for jurors to gain discreet entry into and out of the courthouse” once the trial begins. 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      Fotos policiales de los acusados de conspirar con Trump: ¿por qué sonríen?

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      La imagen que se toma al fichar a los acusados de un delito suele reflejar seriedad, incredulidad o sorpresa. Eso no ha sucedido con algunos de los acusados con el expresidente en Georgia.[Última hora: Donald Trump fue fichado en Georgia y las autoridades difundieron su foto policial. Puedes leer más aquí, en inglés].La típica foto policial suele ser un asunto sombrío: con mala iluminación y gesto taciturno. Es un retrato permanente de la vergüenza, la letra escarlata del sistema legal.Y, casi por definición, va sin sonrisa.Pero entre las fotografías que han surgido de la oficina del sheriff del condado de Fulton en Atlanta, donde Donald Trump y otras 18 personas han sido acusadas de conspirar para revertir las elecciones de 2020, hay varias que son peculiarmente alegres.Jenna Ellis, exabogada de Trump, luce una amplia sonrisa, al igual que David Shafer, expresidente del Partido Republicano de Georgia. Scott Hall, operador político de Trump, no logra reprimir una sonrisita burlona. Sidney Powell, acusada de esparcir teorías de la conspiración desacreditadas sobre las elecciones, deja ver un brillo en los ojos.Sidney Powell, acusada de difundir teorías conspirativas desacreditadas sobre las elecciones, es retratada con un gesto que oscila entre una sonrisa y un ceño fruncido.Oficina del sheriff del condado de Fulton vía Associated Press¿Y qué expresan sin lugar a dudas sus expresiones faciales? Desafío.El semblante que han puesto para la cámara del sistema de justicia penal, y para el lente de la historia, recuerda los otros papeles de reparto que desempeñan en lo que parece ser una extraordinaria producción del teatro político: uno que concuerda con la afirmación muy repetida por Trump de que la fiscalía es una farsa y una burla.En la fotografía de Ellis, tomada el miércoles —tan alegre que podría ser una foto de perfil, a no ser por el logotipo de la oficina del sheriff detrás de su hombro— parece a punto de estallar en risas por el lugar donde se encuentra.La política moderna en tiempos de redes sociales, como casi todo, es una batalla por crear, controlar y definir imágenes. Y la foto policial, inventada en Bélgica en la década de 1840 como una forma útil de identificación, es un nuevo frente en ese combate.La mayoría de los otros acusados fichados hasta el momento de delitos de conspiración para revertir los resultados de las elecciones de 2020 dejaban ver su serio dilema. Tal vez ninguno más que Rudolph Giuliani, quien apretó los labios, miró con frialdad al frente y frunció el ceño luego de comparecer ante las autoridades el miércoles en Atlanta.Ellis intentó adueñarse de un proceso que suele verse como humillante o intimidante; ella ha presentado su acusación como una persecución política injusta que debe superarse con fe y optimismo.Publicó su fotografía policial en internet con una cita de los Salmos: “¡Alégrense, ustedes los justos; regocíjense en el Señor!”.Cuando se le pidieron comentarios, Ellis comparó su situación con la de un antiguo cliente, un ministro que desafió una orden de cerrar su iglesia en la pandemia.“Quienes se burlan de mí, de mi excliente y mi Dios, quieren ver que me quiebro y no tendrán esa satisfacción”, dijo. “Sonreí porque estoy decidida a enfrentar este proceso con valentía y actuando según la fe. No pueden robarse mi alegría”.Powell y los abogados que representan a Shafer y Hall no respondieron de inmediato a pedidos de comentario.Haber sido retratado en las instalaciones del condado de Fulton podría ser incluso un símbolo de estatus entre los seguidores de Trump más incondicionales: Amy Kremer, quien ayudo a organizar el mitin previo al motín del 6 de enero de 2021 en el Capitolio, publicó una foto manipulada en la que aparece, sin sonreír, frente al logotipo del sheriff del condado de Fulton. No se le ha acusado en Georgia.Se supone que el retrato policial sea un ecualizador, que tanto los poderosos como los desposeídos sean blanco del mismo lente objetivo. Y muchos enemigos de Trump han criticado al Servicio de Alguaciles de EE. UU. por no tomar la foto de la ficha policial (como harían con otros acusados) cuando el expresidente fue fichado por cargos federales en Miami y Washington.Esta vez será distinto.Por regla general, los políticos suelen asumir su fichaje en la comisaría como eventos políticos que al final tendrán un peso en el resultado legal.Cuando a Tom DeLay, líder de la cámara baja, se le acusó de lavado de dinero y conspiración en 2005, se atavió con traje, ajustó su corbata y sonrió de oreja a oreja. Fue una forma astuta de privar a sus oponentes de una imagen que fácilmente podrían usar en anuncios para atacarlo. (Se retiró del Congreso pero su posterior condena fue anulada en apelación).John Edwards, quien fue senador por Carolina del Norte y candidato demócrata a la vicepresidencia en 2004, sonrió con calidez ante la cámara como si estuviera frente a un simpatizante cuando lo ficharon al imputársele delitos de violación de leyes de financiación de campaña en 2011. Como Ellis, quería transmitir su inocencia y la injusticia de los cargos. (Fue absuelto de uno de los cargos y el gobierno retiró los restantes).Servicio de Alguaciles de EE. UU. vía Getty ImagesServicio de Alguaciles de EE. UU. vía Getty ImagesA los políticos les obsesiona proyectar mensajes, es un rasgo dominante de su especie. Tom DeLay, John Edwards y Rick Perry acudieron a que los ficharan como a un evento político que a final de cuentas podría influenciar el veredicto legal.Oficina del sheriff del condado de Travis vía Getty ImagesY en 2014, Rick Perry, entonces gobernador republicano de Texas, ofreció una sonrisa taimada cuando lo ficharon por delitos relacionados con presionar al fiscal de distrito demócrata del condado de Travis para que renunciara. Calificó los cargos de “farsa”, publicó fotos suyas en una heladería poco después y dos años más tarde fue absuelto de todos los cargos.En la mayoría de los casos, sonreír en la foto policial es una muestra de rebeldía.Eso ha sido particularmente cierto si se habla de los delincuentes famosos que, en general, han sido casi tan cuidadosos de su imagen como las estrellas de cine o los políticos. Al Capone sonrió en varios retratos policiales así como en su foto de identificación en Alcatraz. Y en la única foto que se le tomó al narcotraficante Pablo Escobar para una ficha policial, luego de que lo arrestaron por narcotráfico en Colombia, parecía casi jubiloso.Donaldson Collection — Michael Ochs Archives, via Getty ImagesPor lo general, los criminales famosos, como Al Capone y Pablo Escobar, han estado muy atentos a su imagen, como las estrellas de cine o los políticos.Archivio GBB vía AlamyTenía un buen motivo. Los cargos fueron retirados rápidamente.Glenn Thrush cubre el departamento de Justicia. Se unió al Times desde 2017, luego de haber trabajado para Politico, Newsday, Bloomberg News, The New York Daily News, The Birmingham Post-Herald y City Limits. Más de Glenn ThrushMaggie Haberman es corresponsal política sénior y autora de Confidence Man: The Making of Donald Trump and the Breaking of America. Formó parte del equipo que ganó un premio Pulitzer en 2018 por informar sobre los asesores del presidente Trump y sus conexiones con Rusia. Más de Maggie Haberman More