Federal Criminal Case Against Trump (2020 Election Case)

Subterms

    More stories

    • 125 Shares99 Views

      in Elections

      Trump Is Temporarily Free From Gag Order in Election Case

      by

      A three-judge panel of the federal appeals court in Washington lifted the order for at least two weeks, freeing the former president to say what he wants about prosecutors and witnesses.An appeals court in Washington on Friday paused the gag order imposed on former President Donald J. Trump in the federal case accusing him of seeking to overturn the 2020 election, temporarily freeing him to go back to attacking the prosecutors and witnesses involved in the proceeding.In a brief order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia said the pause of about two weeks was needed to give it “sufficient opportunity” to decide whether to enact a longer freeze as the court considered the separate — and more important — issue of whether the gag order had been correctly imposed in the first place.The panel’s ruling came in response to an emergency request to lift the order pending appeal that Mr. Trump’s lawyers filed on Thursday night. While the judges — all three of whom were appointed by Democrats — paused the gag order until at least Nov. 20 to permit additional papers to be filed, they wrote in their decision on Friday that the brief stay “should not be construed in any way as a ruling on the merits” of Mr. Trump’s broader motion for a more sustained pause.The gag order, which was put in place last month by Judge Tanya S. Chutkan in Federal District Court in Washington, has now been frozen, reinstated and frozen again. The protracted battle, with its back-and-forth filings and multiple reversals, has pitted two visions of Mr. Trump against each other.Prosecutors working for the special counsel, Jack Smith, have repeatedly tried to portray the former president as a serial abuser of social media whose often belligerent posts about people involved in the election subversion case have had dangerous effects in the real world.Mr. Trump’s lawyers, by contrast, have sought, without evidence, to paint Judge Chutkan’s order as an attempt by President Biden to “silence” his chief opponent in the 2024 election as the race heats up. The former president’s lawyers have argued that the order undermines Mr. Trump’s First Amendment rights to express one of the central messages of his campaign: that the four criminal prosecutions brought against him in the past several months are a form of political persecution.Mr. Trump appears to have paid close attention to the various iterations of the order, and the most recent pause opened the possibility that he could return to making threatening posts that violated the initial restrictions that Judge Chutkan put in place.Her written order barred Mr. Trump from targeting members of her court staff, Mr. Smith or members of his staff, or any people who might reasonably be called to appear as witnesses at trial.The previous time the gag order was lifted — a move Judge Chutkan herself undertook — Mr. Trump almost immediately assailed Mr. Smith as “deranged.”He also made at least two public comments that appeared to target his former White House chief of staff, Mark Meadows, who could be called as a witness in the case. More

    • 113 Shares149 Views

      in Elections

      Jenna Ellis Could Become a Star Witness Against Trump

      by

      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

    • 75 Shares159 Views

      in Elections

      Trump’s Lawyers Should Have Known Better

      by

      At a pivotal moment during one of the Watergate hearings in 1973, President Richard Nixon’s counsel, John Dean, asked a question that still resonates: “How in God’s name could so many lawyers get involved in something like this?”In the aftermath of Nixon’s resignation, the issue posed by Mr. Dean’s bracing question triggered a revolution in the legal profession. With so many lawyers involved in the Watergate criminal scheme, the American Bar Association started requiring law schools to provide ethics instruction or risk losing their accreditation. Exams began testing law students’ knowledge of intricate ethical rules.It wasn’t enough, if the past few weeks are any guide. In Fulton County, Ga., three of former President Donald Trump’s lawyers — Kenneth Chesebro, Sidney Powell and Jenna Ellis — have now pleaded guilty to crimes in service of Mr. Trump’s scheme to overturn the 2020 election and stay in the White House. All three have agreed to cooperate with prosecutors in the sprawling state RICO case against Mr. Trump. Two other Trump lawyers, Rudy Giuliani and John Eastman, still face criminal charges in the Georgia case. They, along with Mr. Chesebro and Ms. Powell, have also been identified as unindicted co-conspirators in the related federal prosecution of Mr. Trump, which will probably benefit from the guilty pleas in Georgia.The charges in the plea agreements vary, but the underlying story is the same: Fifty years after Watergate, the nation is once again confronted with a president who grossly abused the powers of his office, leading to criminal prosecutions. And once again, that abuse relied heavily on the involvement of lawyers. If Mr. Trump’s 2020 racket was “a coup in search of a legal theory,” as one federal judge put it, these lawyers provided the theory, and the phony facts to back it up. In doing so, they severely tarnished their profession.How in God’s name? The question is no less urgent now than in 1973. Lawyers hold immense power within the American system of government, which depends on their expertise, and their integrity, to function. Those who abuse this power pose an even greater threat to the country than some random Capitol rioter, because we count on them not only to draft and execute the laws but to follow them — to lead by example. Everyone should behave ethically, of course, but despite the “Better-Call-Saul” reputation of so many lawyers, there’s nothing wrong with holding the profession to a higher standard.One can view the guilty pleas by the Trump lawyers as evidence that the system is working as it should. They broke the law, they violated their ethical obligations, and now they are facing the music — not only in the courts, but from their chosen profession. Mr. Giuliani’s New York law license was suspended for his “demonstrably false and misleading statements” on Mr. Trump’s behalf; the District of Columbia’s bar association has recommended he lose his license there for good. Ms. Ellis was censured by Colorado state bar officials for violating the rule against “reckless, knowing, or intentional misrepresentations by attorneys,” and may face more severe consequences in light of her guilty plea.Mr. Eastman, a former law-school dean and one of the key legal architects of Mr. Trump’s bonkers plot to stay in office, is in the final days of his California disbarment trial for ethical violations. Officials there have argued that his conduct was “fundamentally dishonest and intended to obstruct the lawful certification” of President Biden’s victory.All of this is to the good. Careers are rightly ruined over such behavior. It is also the exception to the rule. In the real world, lawyers rarely face any consequences for their legal or ethical transgressions.“It’s a club,” said Stephen Gillers, a legal-ethics expert at New York University School of Law who has studied the profession’s opaque and feckless disciplinary system. “The judges who make the decisions are lawyers in robes. They tend to be sympathetic to the other lawyer.”And it’s hard to gloss over the fact that a disturbing number of experienced attorneys, some of whom once held prestigious posts in government and academia, were willing and eager to tell transparent lies and concoct laughable legal arguments to help a con man stay in the White House against the will of the American people.“Part of the reason Trump had to resort to attorneys to attempt the overthrow of the election was because the military was not available to him,” Norm Eisen, a senior fellow at the Brookings Institution, told me. Recalling the notorious Dec. 18, 2020, Oval Office meeting, during which the former president openly contemplated ordering the armed forces to seize voting machines, Mr. Eisen said, “It’s a testament to our military leaders, to our military culture, that that door was closed.”The same cannot be said, alas, for America’s legal culture. It’s easy enough to understand why Mr. Trump, who was mentored by the ruthless mob lawyer Roy Cohn, would seek out lawyers who were willing to do whatever he asked, legality and ethics be damned. The more troubling question is how he was able to find so many takers.The obvious answer is the eternal seduction of money and power. Laurence Tribe, one of the nation’s foremost constitutional scholars, fell back on that explanation for the choices made by Mr. Chesebro, his former student, referring to him as a “moral chameleon” who was engaged in deeply dishonest lawyering.Related to this is the intense pressure to satisfy the demands of powerful clients, even if it means bringing lawsuits so frivolous that they can result in legal sanctions, as many of Mr. Trump’s lawyers have learned the hard way.There is an important caveat here: Many government and private lawyers in 2020, faced with Mr. Trump’s illegal and unconstitutional demands, resisted the temptation and behaved honorably. From the White House counsel’s office to the Justice Department to top law firms, some key attorneys held the line.“What was one of the determinative factors in Trump’s coup failing?” asked Ian Bassin, executive director of the advocacy group Protect Democracy. “Responsible lawyers refused to participate.”That explains why many of the lawyers caught up in Mr. Trump’s outrageous plot were not what you might call the cream of the crop. They were grifters, shysters, hair-dye-leakers, tapped primarily because Mr. Trump had trouble finding more serious people to make his case. And yet there were still those with more respectable backgrounds, like Mr. Chesebro, who chose to sell their honor to a man devoid of it, and who they should have known wasn’t going to pay them anyway. In the end, they were all smeared with the humiliation of having filed meritless, fact-free cases. With one minor exception, federal and state courts rejected every lawsuit brought on behalf of Mr. Trump.To a degree many people didn’t fully realize until the past few years, the functioning of American government depends on honor. “There are no guarantees in a democracy,” Mr. Eisen said. “Our rule of law is a central part of what defines our democratic system. Ultimately it comes down to whether the majority of people will do the right thing.”When it comes to lawyers, the choices of just a few can make all the difference.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

    • 88 Shares189 Views

      in Elections

      Trump’s Lawyers Are Going Down. Is He?

      by

      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

    • 150 Shares129 Views

      in Elections

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

      by

      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

    • 138 Shares119 Views

      in Elections

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

      by

      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

    • 75 Shares189 Views

      in Elections

      The Lawyers Now Turning on Trump

      by

      Clare Toeniskoetter and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicOver the past few days, two of the lawyers who tried to help former President Donald J. Trump stay in power after losing the 2020 election pleaded guilty in a Georgia racketeering case and have agreed to cooperate with prosecutors against him.Richard Faussett, who writes about politics in the American South for The Times, explains why two of Mr. Trump’s former allies have now turned against him.On today’s episodeRichard Fausset, a correspondent for The New York Times covering the American South.The two lawyers pleading guilty in the Georgia case are Sidney Powell, left, and Kenneth Chesebro.Photos: Jonathan Ernst/Reuters; Pool photo by Alyssa PointerBackground readingSidney Powell, a member of the Trump legal team in 2020, pleaded guilty and will cooperate with prosecutors seeking to convict the former president in an election interference case in Georgia.Kenneth Chesebro, a Trump-aligned lawyer, also pleaded guilty in Georgia.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Richard Fausset More

    • 175 Shares109 Views

      in Elections

      La retórica de Donald Trump se ha vuelto más amenazadora. Se puede hacer algo

      by

      La vida de Donald Trump ha sido una clase magistral de evasión de consecuencias.Seis de sus empresas han sido declaradas en bancarrota, pero él sigue siendo aclamado como un visionario de los negocios. Se ha casado tres veces, pero sigue siendo amado por los evangélicos. Ha pasado por dos juicios políticos, pero sigue siendo uno de los principales candidatos a la presidencia de Estados Unidos. Durante años, los críticos de Trump han creído que llegaría un momento de rendición de cuentas, a consecuencia, por ejemplo, de alguna pesquisa de Bob Woodward o una investigación Robert Mueller. Pero luego llegaba la decepción.Ahora Trump pasa por otro momento de aparente peligro al empezar a enfrentarse a sus acusadores en procedimientos judiciales, penales y civiles. Aún faltan meses para que se conozcan los veredictos de estos casos, pero él está reaccionando con la aparente confianza de que las consecuencias de sus acciones, como siempre, no lo perjudicarán. Pero es igual de importante preguntarse cómo afectará a otros la respuesta de Trump a su último aprieto, especialmente a quienes ahora son objetivo de su indignación.En las últimas semanas, los jueces del caso de fraude civil de Trump en Nueva York y de su proceso penal en Washington han emitido órdenes de silencio limitadas que le prohíben intentar intimidar a testigos y otros participantes en los juicios. (El viernes, Trump fue multado por violar una de esas órdenes). Si Trump las acata —algo que no es seguro—, las directivas no prohíben la gran variedad de amenazas y ataques que Trump ha hecho y da señales de que seguirá haciendo. El discurso actual del expresidente es una amenaza inminente para sus objetivos y quienes los rodean.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please More