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Judge grants defense hearing on breached client privilege for Trump classified documents case
The federal judge presiding over the classified documents case of former president Donald Trump granted a defense request for a hearing on whether prosecutors improperly breached attorney-client privilege when they obtained crucial evidence from one of Trump’s ex-lawyers.But US district judge Aileen Cannon also denied a request for a hearing on a separate Trump team claim that the Justice Department had submitted false or misleading information in an application for a warrant to search the Republican ex-president’s Florida estate for classified records two years ago.The order amounts to a mixed result for both sides and ensures further delays in a criminal case that has already been snarled by significant postponements, resulting in the indefinite postponement of a trial that had been set to begin on 20 May in Fort Pierce, Florida.In a bid to suppress as evidence the classified documents seized by the FBI during the 8 August 2022 Mar-a-Lago search, defense lawyers have said the US justice department omitted or misrepresented certain facts in its application to a magistrate judge to obtain a warrant. They argued, for instance, that the application should have noted that a senior Federal Bureau of Investigation official proposed seeking the consent of Trump’s lawyers for a search rather than obtaining a court-authorized search warrant.But Cannon sided with special counsel Jack Smith’s team in finding that neither that nor any other of the alleged omissions raised by the defense had any bearing on whether or not prosecutors had sufficient probable cause to search the property.“Even accepting those statements by the high-level FBI official, the Motion offers an insufficient basis to believe that inclusion in the affidavit of that official’s perspective (or of the dissenting views of other FBI agents as referenced generally in his testimony) would have altered the evidentiary calculus in support of probable cause for the alleged offenses,” Cannon wrote.But her order was not a complete win for the government, as she said she would schedule a separate hearing to consider the question of whether prosecutors had improperly obtained the cooperation of Trump’s lawyers through an exception to attorney-client privilege.Defense lawyers are ordinarily shielded from being forced to testify about their confidential conversations with their client but can be compelled to do so if prosecutors can show that their legal services were used in furtherance of a crime – a doctrine known as the crime-fraud exception.Beryl Howell, then chief federal judge in the District of Columbia, agreed with Smith’s team that the exception applied and ordered grand jury testimony from two of Trump’s lawyers. She also directed one of his lawyers, M Evan Corcoran, to turn over audio recordings that documented his impressions of conversations he had had with Trump about returning the documents. Those conversations are repeatedly cited in the indictment and held up by prosecutors as incriminating evidence.“It is the obligation of this Court to make factual findings afresh on the crime-fraud issue,” Cannon wrote. “And a standard means by which to make such findings – as is customary in criminal suppression litigation – is following an evidentiary hearing at which both sides can present evidence (documentary and testimonial, as applicable).” More
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Merrick Garland hits back at Trump and Republicans: ‘I will not be intimidated’
US attorney general Merrick Garland has defended his stewardship of the justice department in a combative display on Capitol Hill that saw him accusing Republicans of attacking the rule of law while telling them he “will not be intimidated.”Testifying before the House judiciary committee, Garland accused GOP congressmen of engaging in conspiracy theories and peddling false narratives.“I will not be intimidated,” Garland told lawmakers. “And the justice department will not be intimidated. We will continue to do our jobs free from political influence. And we will not back down from defending our democracy.”Garland’s fiery speech pushed back hard on the claim that the prosecution of Donald Trump – in the hush-money case that last week resulted in the president being convicted of 34 felony charges – was “somehow controlled by the justice department”.He described Republican attacks on the justice department under his watch as “unprecedented and unfounded”, vowing not to allow them to influence his decision-making.Garland also upbraided Trump for claiming the FBI had been “authorized to shoot him” dead when they raided his Mar-a-Lago home in Florida to retrieve classified documents in 2022.“This is dangerous,” Garland told the committee. “It raises the threats of violence against prosecutors and career agents. The allegation is false.”Garland, 71, is currently overseeing special prosecutor Jack Smith’s investigations into Trump, and a prosecution of Joe Biden’s son Hunter. He was summoned to testify amid Republican assertions that the justice department had been “weaponised” against the former president, a claim Trump has stoked.His appearance came as he faces the likelihood of being held in contempt of congress for declining to hand over audio recordings of an interview between another special prosecutor, Robert Hur. Hur was appointed by Garland to investigate Joe Biden’s alleged mishandling of classified documents, an offence similar to some of those for which Trump is being investigated.Hur concluded that Biden had committed no crime but raised questions about Biden’s age and allegedly poor memory.Referring to Republican threats to hold him in contempt, Garland said: “I view contempt as a serious matter. But I will not jeopardize the ability of our prosecutors and agents to do their jobs effectively in future investigations.”A full transcript of Biden’s interview with Hur was made public. But the White House rejected Republican demands for the audio to be released, arguing that it served no useful purpose other than to enable the president’s opponents to splice the recording to make him appear confused, perhaps by emphasizing his stammer.Garland said releasing the audio could have the effect of deterring future witnesses from cooperating in justice department investigations if they thought their words might be made public.In his opening statement, he said the Republicans were “seeking contempt as a means of obtaining – for no legitimate purpose – sensitive law enforcement information that could harm the integrity of future investigations”.“This effort is only the most recent in a long line of attacks on the justice department’s work,” he added.The committee chairman, Jim Jordan – a rightwinger Republican from Ohio – set the tone for the hearing, saying: “Justice is no longer blind in America. Today it’s driven by politics. Example number one is President Trump.”Matt Gaetz, another hard-right Republican from Florida, accused Garland of dispatching a former justice department official, Matthew Colangelo, to Manhattan, where he now serves as assistant district attorney and helped prepare the case against Trump.Garland replied: “That is false. I did not dispatch Colangelo.” More
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Man who allegedly rammed Trump sign at police on January 6 arrested by FBI
The FBI has arrested a South Dakota man on charges that he stood among the first participants in the January 6 insurrection, allegedly breaking police lines and ramming a large sign toward officers during the riot.William Knight, 37, of Rapid City, faces two felony charges of obstructing law enforcement and resisting or impeding officers, the justice department announced on Thursday. He also faces five misdemeanor charges, including engaging in violence on the day supporters of Donald Trump tried to derail certification of his defeat to Joe Biden in the 2020 election.He was arrested by the FBI on Sunday and was expected to make his first appearance in court on Thursday.Knight was featured prominently in several videos that were taken during the riot, helping the FBI build its case against him. Investigators were able to match Knight’s appearance in his videos to his state driver’s license, which prominently shows tattoos on his neck.Prosecutors accuse Knight of being one of the first rioters to breach a restricted perimeter at the Capitol on January 6. Multiple times, he gestured aggressively and threateningly toward officers. He broke police lines and was sprayed with a chemical spray at one point, but he kept pursuing officers, prosecutors say.“We ain’t leaving! We ain’t going nowhere!” Knight could be heard yelling at police in one of the videos, according to court documents. “Here are the bitches. Here are the bitches.”At one point, documents say, Knight and a large group of rioters picked up a giant metal-frame “TRUMP” sign and rammed it toward officers. After, he allegedly shoved a police officer and removed barriers that police had put in front of the crowd.He allegedly continued to chant “Stop the steal!” with other protesters, referring to Trump’s lies that electoral fraudsters rigged Biden’s victory.Knight’s case is being prosecuted by the US attorney’s office in Washington DC and the justice department.Nearly 1,500 individuals have been charged in nearly all 50 states for crimes related to the January 6 insurrection, according to the justice department. More than 100 of those people have been sent to prison for sentences ranging from a few days to 22 years, the length of the Proud Boys leader Enrique Tarrio’s sentence from last fall.The US supreme court is expected to rule soon on whether the justice department can prosecute rioters on an obstruction statute.A decision against the department could jeopardize the prosecution of hundreds of defendants who received obstruction charges. More
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Trump revives false claim that Biden authorized ‘deadly force’ for Mar-a-Lago search
Donald Trump’s campaign has issued another extraordinary fundraising request to supporters by doubling down on a false claim that rival Joe Biden was prepared to hurt or kill him by authorizing the use of deadly force during an FBI search for classified documents at his Mar-a-Lago compound in August 2022.The claim has become a currency among some Trump supporters and is widely described by them as an “attempted assassination” – but rests on a misquoted section of FBI policy in a legal motion. Moreover, Trump was not even in Florida during the search.The revival of the claim came late Sunday in the form of an email to supporters headlined:“This is an Alert from Donald Trump.” “DEADLY FORCE? Biden authorized it. They brought guns to the raid on Mar-a-Lago!” it read.“I’m sick and tired of the Radical Left destroying this country and trying to destroy me,” it continued, before detailing raids, indictments and arrests Trump claims he has been subjected to for political purposes.“Here’s the bottom line: I WILL NEVER SURRENDER. AND NEITHER WILL YOU!’ It concluded with a request for donations of up to $500 and a demand to “drop all charges” against him.As laid out in the justice department’s justice manual. agents are permitted to use deadly force “when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person”. It is standard procedure in many cases and the execution of a search warrant on Mar-a-Lago was communicated ahead of time with Trump’s Secret Service detail.In a statement, the FBI described the language as “a standard policy statement limiting the use of deadly force. No one ordered additional steps to be taken and there was no departure from the norm in this matter.”Since leaving office in 2021, Trump is estimated to have spent more than $100m on lawyers and other costs related to various investigations, indictments and legal defense costs – or roughly $90,000 a day.Most of those expenses are met by donations in to political action committee and campaign funds set up to contest the results of the 2020 election. But those accounts are running low, and the former president could be facing a cash crunch.But Trump’s claims ignore the realities that fears of rising political violence during this election cycle are mostly focused on the threat from the far right.“You know they’re just itching to do the unthinkable,” read the previous Trump campaign fundraising email, signed with the former president’s name. “Joe Biden was locked & loaded ready to take me out & put my family in danger.”The government’s charges that Trump hid classified documents taken from the White House at the end of his term and then refused requests to turn them over is currently stalled by legal challenges.skip past newsletter promotionafter newsletter promotionBut the sense that the government itself is working against justice in the case of Trump is a powerful fundraising tool for his campaign.Trump’s latest assassination-warning email comes as his trial on campaign finance charges is coming to a conclusion in New York. Final prosecution and defense arguments are expected on Tuesday. Opinion polls suggest that the month-long proceedings have not so far moved the needle either way on Trump but merely served to reinforce existing opinions.But a verdict could change that – or not. Either way both presidential candidates are likely to make political hay from whichever way it goes. Trump has made the dingy corridor outside the courtroom a campaign stage, with Republican allies turning up daily to show their support.According to Politico last week, Biden plans to address the matter once a verdict is reached. But he may do so from the White House, not from the campaign trail, to show his statement isn’t political. But with political heat rising, the reactions of both men will likely be seen primarily through the political lens. More
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What is Fisa, and what does it mean for no-warrant spying?
Congress spent the past week in a fractious debate over a major government surveillance program that gives US authorities the ability to monitor vast swaths of emails, text messages and phone calls without a warrant. In a vote on Friday, lawmakers ultimately decided to keep that warrantless surveillance intact and passed a two-year reauthorization of the law, known as section 702 of the Foreign Intelligence Surveillance Act, or Fisa.The law has long been contentious among both progressives and libertarian-leaning conservatives who view it as a violation of privacy rights and civil liberties. Donald Trump has likewise lambasted it out of personal grievance. Its defenders, which include intelligence agencies and Joe Biden’s administration, argue that it is an important tool in stopping terrorist attacks, cybercrime and the international drug trade.What is section 702 of Fisa?Section 702 is a measure added in 2008 to the Foreign Intelligence Surveillance Act, first passed in 1978, which allows authorities, including government agencies such as the NSA and FBI, to collect and monitor communications. More specifically, it gives them the authority to surveil the messaging of foreign citizens outside US soil and to do so without requesting a warrant.Although section 702 was ostensibly intended to be used to monitor foreign terrorist groups and criminal organizations, law enforcement agencies have also used its authority to collect and surveil US citizens’ communications. This is because Americans messaging with people abroad are also liable to have their data accessed, which has led to improper use of the law and allegations from civil liberties groups that it gives authorities a backdoor into warrantless searches.The law emerged from the George W Bush administration’s post-9/11 surveillance policies, adding government oversight to a secret program that had been monitoring foreign communications for years without formalized congressional approval.Why is section 702 so divisive?Section 702 has opponents on both sides of the political spectrum, with its critics especially concerned over the law’s ability to conduct warrantless searches of American citizens’ communications and law enforcement’s tendency to improperly overreach in its use.Under section 702, authorities are only supposed to be able to search databases of communications for US citizens if they believe that the query could yield intelligence on malicious foreign actors or proof of a crime. But between 2020 and early 2021, the FBI improperly used section 702 almost 300,000 times in searches that targeted January 6 suspects, racial justice protesters and other American citizens, according to documents from Fisa court.That misuse gave new life to calls for reforming section 702, potentially including requiring authorities to get a warrant from a judge before accessing US citizens’ communications. Civil liberties groups demanded numerous revisions, including closing loopholes that allowed the government to purchase information on US citizens through third-party data brokers.Donald Trump’s campaign also reignited criticism of section 702, especially among far-right Republicans who tend to operate in lockstep with his pronouncements. The former president demanded that lawmakers “KILL FISA” in a post on Truth Social on Wednesday and accused authorities of using it to spy on his campaign – an apparent reference to an FBI investigation of a former campaign adviser of his that was unrelated to section 702.Defenders of the law argued that there were already adequate provisions for stopping its misuse, and that requiring warrants or killing section 702 entirely would severely limit authorities’ ability to stop terrorist attacks and other crimes. Administration officials and backers of the reauthorization cited numerous US adversaries, from Chinese government spying operations to Islamist extremist groups, as reasons that warrantless surveillance was necessary for stopping urgent threats.What happens to section 702 now?The reauthorization of Fisa on Friday means that the program and warrantless surveillance will be able to continue for at least another two years. An amendment that would have required authorities to get a warrant for searches of US citizens narrowly did not pass, with a House vote ending in a 212-212 tie that resulted in its failure.While the law was originally intended to be renewed for five years, Mike Johnson, the Republican speaker of the house, was forced to seek only a two-year reauthorization to mollify far-right GOP members who threatened to quash the bill entirely. More
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Ex-FBI informant charged with lying about Bidens arrested again
The former FBI informant who is charged with lying about a multimillion-dollar bribery scheme involving Joe Biden’s family was again taken into custody in Las Vegas, two days after a judge released him, his attorneys said.Alexander Smirnov was arrested during a meeting on Thursday morning at his lawyers’ offices in downtown Las Vegas. The arrest came after prosecutors appealed the judge’s ruling allowing 43-year-old Smirnov, who holds dual US-Israeli citizenship, to be released with a GPS monitor ahead of trial. He is charged with making a false statement and creating a false and fictitious record.Attorneys David Chesnoff and Richard Schonfeld said in a statement that they have requested an immediate hearing on his detention and will again push for his release. They said Smirnov, who claims to have links to Russian intelligence, was taken into custody on a warrant issued in California for the same charges.Smirnov was first arrested last week in Las Vegas, where he now lives, while returning from overseas. A spokesman for justice department special counsel David Weiss, who is prosecuting Smirnov, confirmed that Smirnov had been arrested again, but did not have additional comment.Prosecutors say Smirnov falsely told his FBI handler that executives from the Ukrainian energy company Burisma paid Joe and Hunter Biden $5m each around 2015. The claim became central to the Republican impeachment inquiry of President Biden in Congress.Smirnov has not entered a plea to the charges, but his lawyers have said their client is presumed innocent and they look forward to defending him at trial.As part of their push to keep him in custody, prosecutors said Smirnov told investigators after his arrest last week that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s self-reported contact with Russian officials was recent and extensive, and said he had planned to meet with foreign intelligence contacts during an upcoming trip abroad.US magistrate judge Daniel Albregts said on Tuesday that he was concerned about Smirnov’s access to money that prosecutors estimated to be around $6m, but noted that federal guidelines required him to fashion “the least restrictive conditions” ahead of trial. Smirnov was also ordered to stay in the area and surrender his passports.“Do not make a mockery out of me,” Albregts said to Smirnov, warning that he’d be placed back into the federal government’s custody if he violated any of his conditions. His lawyers say he had been “fully compliant” with his release conditions.Prosecutors quickly appealed to US district judge Otis D Wright in California.“The circumstances of the offenses charged – that Smirnov lied to his FBI handler after a 10-year relationship where the two spoke nearly every day – means that Smirnov cannot be trusted to provide truthful information to pretrial services,” prosecutors wrote in court documents.“The effects of Smirnov’s false statements and fabricated information continue to be felt to this day. Now the personal stakes for Smirnov are even higher. His freedom is on the line.”Smirnov had been an informant for more than a decade when he made the explosive allegations about the Bidens in June 2020, after “expressing bias” about Joe Biden as a presidential candidate, prosecutors said.But Smirnov had only routine business dealings with Burisma starting in 2017, according to court documents. No evidence has emerged that Joe Biden acted corruptly or accepted bribes in his current role or previous office as vice president.While his identity wasn’t publicly known before the indictment, Smirnov’s claims have played a major part in the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Republicans pursuing investigations of the Bidens demanded the FBI release the unredacted form documenting the unverified allegations, though they acknowledged they couldn’t confirm if they were true.Democrats called for an end to the investigation after the Smirnov indictment came down last week, while Republicans distanced the inquiry from his claims and said they would continue to “follow the facts.”Smirnov’s lawyers say he has been living in Las Vegas for two years with his longtime girlfriend and requires treatment and daily medications for “significant medical issues related to his eyes”. He lived in California for 16 years prior to moving to Nevada. More
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FBI informant charged with lying about Bidens’ role in Ukraine business
An FBI informant has been charged with lying to his handler about ties between Joe Biden, his son Hunter and a Ukrainian energy company.Alexander Smirnov falsely told FBI agents in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5m each in 2015 and 2016, prosecutors said on Thursday.Smirnov told the FBI that a Burisma executive had claimed to have hired Hunter Biden to “protect us, through his dad, from all kinds of problems”, prosecutors said in a statement.The allegations became a flashpoint in Congress over the summer as Republicans demanded the FBI release the unredacted form documenting the allegations as they pursued investigations of Biden and his family. They acknowledged at the time that it was unclear if the allegations were true.The new development sharply undermines the thrust of congressional Republicans’ corruption accusations that the US president was making money from his son Hunter’s business dealings in Ukraine.Smirnov, 43, was charged with making a false statement and creating a false and fictitious record. No attorney was immediately listed for him in court records.Smirnov appeared in court in Las Vegas briefly on Thursday after being charged with making a false statement and creating a false and fictitious record. He did not enter a plea. The judge ordered the courtroom cleared after federal public defender Margaret Wightman Lambrose requested a closed hearing for arguments about sealing court documents. She declined to comment on the case.The charges were filed by the justice department special counsel David Weiss, who has separately charged Hunter with firearm and tax violations.Hunter’s legal team did not immediately return a message seeking comment.The informant’s claims have been central to the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden.Prosecutors say Smirnov had contact with Burisma executives, but it was routine and actually took place in 2017, after Barack Obama, the US president, and Biden, his vice-president, had left office – when Biden would have had no ability to influence US policy.Smirnov “transformed his routine and unextraordinary business contacts with Burisma in 2017 and later into bribery allegations against public official 1, the presumptive nominee of one of the two major political parties for president, after expressing bias against public official 1 and his candidacy,” the indictment said.He repeated some of the false claims when he was interviewed by FBI agents in September last year and changed his story about others and “promoted a new false narrative after he said he met with Russian officials”, prosecutors said.If convicted, Smirnov faces a maximum penalty of 25 years in prison.The House oversight committee chairman James Comer, a Republican representing Kentucky, had subpoenaed the FBI last year for the so-called FD-1023 document as Republicans deepened their inquiries into the US president and Hunter ahead of the 2024 presidential election.Working alongside Comer, the Republican senator Chuck Grassley of Iowa released an unclassified document that Republicans at the time claimed was significant in their investigation of Hunter.It added to information that had been widely aired during Donald Trump’s first impeachment trial involving Trump attorney Rudy Giuliani’s efforts to dig up dirt on the Bidens ahead of the 2020 election. The White House said at the time that the claims had been debunked for years.The impeachment inquiry into Biden over his son’s business dealings has lagged in the House, but the panel is pushing ahead with its work. Hunter is expected to appear before the committee later this month for an interview.The Associated Press contributed reporting More
