Federal Criminal Case Against Trump (2020 Election Case)

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      ¿Qué sigue para Trump tras el fallo de la Corte Suprema sobre la inmunidad presidencial?

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      Analistas y observadores ya preveían, a grandes rasgos, la decisión que establece que los presidentes merecen protección considerable por sus actos oficiales. Trump lo proclamó como una victoria.[Estamos en WhatsApp. Empieza a seguirnos ahora]Un sistema jurídico que le ha propinado golpes dolorosos a Donald Trump en los últimos seis meses le acaba de dar una de las mejores noticias que ha recibido desde que empezó su campaña.El lunes, la Corte Suprema de Estados Unidos, cuya mayoría calificada conservadora se consolidó con los magistrados nominados por Trump, le concedió al expresidente inmunidad parcial ante procedimientos judiciales ahora que intenta eludir una acusación formal del fiscal especial Jack Smith en relación con sus esfuerzos para impedir la transferencia de poder tras las elecciones de 2020.Desde hace meses, tanto analistas políticos como observadores de la corte ya esperaban, a grandes rasgos, este fallo: que los presidentes tienen derecho a una protección considerable por sus actos oficiales. Sin embargo, Trump lo proclamó como una victoria.“Este es un gran triunfo para nuestra Constitución y democracia. ¡Estoy orgulloso de ser estadounidense!”, escribió Trump en puras mayúsculas en su plataforma Truth Social.La decisión implica que es casi una certeza que un juicio sobre el caso se postergue hasta después de las elecciones de noviembre, y si Trump gana, es casi seguro que el Departamento de Justicia descarte el caso, según personas cercanas al exmandatario.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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      Trump Is Partly Shielded From Prosecution in Election Interference Case

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      The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to some level of immunity from prosecution, a decision that may effectively delay the trial of the case against him on charges of plotting to subvert the 2020 election.The vote was 6 to 3, dividing along partisan lines.Chief Justice John G. Roberts Jr., writing for the majority, said Mr. Trump had immunity for his official acts.“The president is not above the law,” the chief justice wrote. “But Congress may not criminalize the president’s conduct in carrying out the responsibilities of the executive branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent executive. The president therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts.”In dissent, Justice Sonia Sotomayor wrote that the decision was gravely misguided.“Today’s decision to grant former presidents criminal immunity reshapes the institution of the presidency,” she wrote. “It makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.”The justices said there was a crucial distinction between official and private conduct and returned the case to the lower courts for additional analysis.The court’s ruling raises the possibility of further delay in the case against former President Donald J. Trump on charges of plotting to subvert the 2020 election.Tom Brenner for The New York TimesWe 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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      Here’s Where Trump’s Other Cases Stand

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      After being convicted in a Manhattan courtroom, the former president still faces charges in three criminal prosecutions, all of which are tangled up in procedural delays.Former President Donald J. Trump’s criminal trial in Manhattan came to an end this week when a jury found him guilty of 34 counts of falsifying business records in an effort to cover up a sex scandal that threatened to upset his 2016 presidential campaign.But Mr. Trump is still facing federal charges, brought by a special counsel, in two cases: one in Florida, where he is accused of illegally holding on to classified documents after leaving office and obstructing government efforts to retrieve them, and one in Washington, D.C., where he’s accused of plotting to overturn the results of the 2020 election. He faces similar election-tampering charges in a third case brought by a local prosecutor in Georgia.The proceedings — all of which are bogged down in delays — can be confusing to keep track of. Here are updates on where each of them stands.Federal Documents CaseThe federal indictment against Mr. Trump in the documents case.Jon Elswick/Associated PressIn this case, Mr. Trump is accused of illegally holding on to a large amount of sensitive national security material after leaving office and then plotting to obstruct repeated efforts by the government to get it back. The charges were brought by Jack Smith, the special counsel appointed to oversee the federal investigations into Mr. Trump.The case is tied up in efforts by Mr. Trump’s lawyers to have the charges against him dismissed before they go to trial. To that end, the lawyers have filed a barrage of motions attacking the indictment on a number of grounds. Those include claims that Mr. Smith was improperly appointed to his job and that he filed the charges as part of a politicized effort to harm Mr. Trump.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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      Prosecutors Ask Supreme Court to Reject Trump’s Immunity Claim in Election Case

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      The filing was the main submission from Jack Smith, the special counsel prosecuting the former president. The case will be argued on April 25.Jack Smith, the special counsel prosecuting former President Donald J. Trump on charges of plotting to overturn the 2020 election, urged the Supreme Court on Monday to reject Mr. Trump’s claim that he is immune from prosecution.“The president’s constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them,” Mr. Smith wrote.The filing was Mr. Smith’s main submission in the case, which will be argued on April 25.He wrote that the novelty of the case underscored its gravity.“The absence of any prosecutions of former presidents until this case does not reflect the understanding that presidents are immune from criminal liability,” Mr. Smith wrote. “It instead underscores the unprecedented nature of petitioner’s alleged conduct.”He urged the justices not to lose sight of the basic legal terrain.“A bedrock principle of our constitutional order,” he wrote, “is that no person is above the law — including the president.” He added, “The Constitution does not give a president the power to conspire to defraud the United States in the certification of presidential-election results, obstruct proceedings for doing so or deprive voters of the effect of their votes.”Mr. Smith urged the court to move quickly, though he did not directly address the pending election.When the Supreme Court said in February that it would hear the case, it set what it called an expedited schedule. But it was not particularly fast, with oral arguments scheduled about seven weeks later. That delay was a significant partial victory for Mr. Trump, whose trial had been expected to start March 4.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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      Trump Faces Supreme Court Deadline on Claim of Absolute Immunity

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      A federal appeals court gave the former president until Monday to ask the justices to pause its ruling while he pursues an appeal.Former President Donald J. Trump is expected to file a last-ditch effort on Monday in the Supreme Court to press his claim of total immunity from criminal prosecution.When a federal appeals court last week rejected the claim, it temporarily paused its ruling, saying it would return the case to the trial court on Monday, allowing Judge Tanya S. Chutkan to restart proceedings in the case that had been frozen during the appeal. But the appeals court added that it would extend the pause until the Supreme Court rules — if Mr. Trump asks the justices to intervene by filing an application for a stay with them by Monday.That makes it virtually certain that Mr. Trump will file such an application in the coming hours, meaning that the Supreme Court will soon be poised to determine whether and how fast his federal trial on charges that he tried to subvert the 2020 election will proceed.It has several options. It could deny a stay, which would restart the trial. It could grant a brief stay and then deny a petition seeking review, which would effectively reject Mr. Trump’s immunity argument and let the appeals court’s ruling stand.It could hear his appeal on a fast track, as it is doing in a separate case on Mr. Trump’s eligibility to hold office. Or it could hear the case on the usual schedule, which would most likely delay any trial past the election.Timing, in other words, is everything. Unless the justices move quickly, the trial could be pushed into the heart of the 2024 campaign, or even past the election.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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      No More Legal Games for Donald Trump

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      The most important words to issue from the federal appeals court in Washington on Tuesday were not in its unanimous 57-page opinion rejecting Donald Trump’s claim of absolute immunity from prosecution.That ruling, which denied the former president’s attempt to be absolved for his role in the Jan. 6 attack on the Capitol, was never in doubt. His claim is that presidents don’t enjoy immunity in just some cases, but that they are effectively above the law in all cases. During oral arguments last month, his lawyer even contended that a sitting president could order the assassination of a political rival and face no legal consequences.Rejecting this claim was easy. This line of reasoning “would collapse our system of separated powers by placing the president beyond the reach of all three branches,” wrote the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. “We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”The key sentence appeared elsewhere, in the one-page formal judgment accompanying the court’s opinion. “The clerk is directed to withhold issuance of the mandate through Feb. 12, 2024,” the judges wrote. With those words, the court put a hard deadline on Mr. Trump’s delay games. He has until the end of this coming Monday to appeal his loss to the Supreme Court. If he doesn’t, the mandate will issue, meaning that the trial court will regain jurisdiction of the case, and the trial can move forward.It was a welcome acknowledgment and rebuke of Mr. Trump’s strategy in the Jan. 6 case, which is to delay any legal reckoning. He is trying to run out the clock in the hope that he can win re-election and then dissolve the prosecution.So far, it’s working. The trial stemming from Jan. 6 has already been on hold for two months while the immunity appeal has played out, forcing the trial judge, Tanya Chutkan, to cancel the original start date, March 4. As Election Day approaches, it may become increasingly difficult to hold a trial that can be completed before Americans vote in the general election.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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      Forceful Opinion Repudiates Trump’s Immunity Claim in Election Case

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      The unanimous ruling, by a panel of appeals court judges appointed by presidents of both parties, systematically took apart the immunity claim.Former President Donald J. Trump’s claim that he was immune from being prosecuted for any crimes he committed while trying to stay in office after losing the 2020 election was always a long shot. But in an opinion on Tuesday eviscerating his assertion, three federal appeals court judges portrayed his position as not only wrong on the law but also repellent.“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results,” they wrote, adding with an emphatic echo: “We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”The 57-page opinion was issued on behalf of all three members of a panel of the United States Court of Appeals for the District of Columbia Circuit. They included two Democratic appointees and, significantly, Judge Karen L. Henderson, a Republican appointee who had sided with Mr. Trump in several earlier legal disputes.The ruling systematically weighed and forcefully rejected each of Mr. Trump’s arguments for why the case against him should be dismissed on immunity grounds. The resounding skepticism raised the question of whether the Supreme Court — to which Mr. Trump is widely expected to appeal — will decide there is any need for it to take up the case.On the one hand, the ruling unanimously answered each question put forward by Mr. Trump’s defense team, affirming a similar ruling by the trial judge overseeing the criminal case, Tanya S. Chutkan of the Federal District Court for the District of Columbia. It was far from clear whether a majority of Supreme Court justices would find anything to disagree with in its conclusions.Still, Mr. Trump’s claim of total immunity introduces a momentous legal issue the Supreme Court has never considered — no former president has ever been charged with crimes before, so there is no direct precedent. Normally, the justices might see it as appropriate to weigh in, too, even if it were merely to affirm an appeals court’s handiwork.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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      Federal Appeals Court Rejects Trump’s Claim of Absolute Immunity

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      The ruling answered a question that an appeals court had never addressed: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden.The 3-0 ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court — possibly with an intermediate request to the full appeals court.Still, the panel’s 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?The question is novel because no former president until Mr. Trump had been indicted, so there was never an opportunity for a defendant to make — and courts to consider — the sweeping claim of executive immunity that he has put forward.The panel, composed of two judges appointed by Democrats and one Republican appointee, said in its decision that, despite the privileges of the office he once held, Mr. Trump was subject to federal criminal law like any other American.“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”The panel’s ruling came nearly a month after it heard arguments on the immunity issue from Mr. Trump’s legal team and from prosecutors working for the special counsel, Jack Smith. While the decision was quick by the standards of a normal appeal, what happens next will be arguably more important in determining when or whether a trial on the election subversion charges — now set to start in early March — will take place.. More