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    Trump Co-Defendants Argue for Dismissal of Charges in Documents Case

    The judge did not rule on motions by lawyers for Walt Nauta and Carlos De Oliveira, who are accused of helping the former president obstruct government efforts to recover classified material.Lawyers for co-defendants of former President Donald J. Trump argued in federal court in Florida on Friday to dismiss charges of aiding in the obstruction of efforts to recover classified documents.It was a rare hearing of the documents case in which Mr. Trump did not take center stage. His co-defendants, Walt Nauta and Carlos De Oliveira, are loyal Trump employees, accused of conspiring with the former president to hide boxes containing classified government materials after Mr. Trump left office.Prosecutors also accused them of plotting to destroy security camera footage of the boxes being moved.Judge Aileen M. Cannon considered the defense lawyers’ arguments in her Fort Pierce, Fla., courtroom but ended the two-hour hearing Friday without making a decision on whether the charges against the two men should be dismissed. She also did not announce a date for the trial to begin, despite holding a hearing more than a month ago on the matter.Mr. Nauta and Mr. De Oliveira often take a back seat in the case against Mr. Trump. But each faces up to 20 years in prison if convicted of the most serious offenses.Mr. Nauta, 41, is Mr. Trump’s personal aide and served as his military valet when Mr. Trump was in the White House. He spent 20 years in the Navy, taking an honorable discharge in September 2021, according to his service records.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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    Judge Blocks Trump’s Lawyers From Naming Witnesses in Documents Case

    The special counsel had asked that the names of about two dozen government witnesses be redacted from a public version of a court filing to protect against potential threats or harassment.Granting a request by federal prosecutors, the judge overseeing former President Donald J. Trump’s classified documents case ordered his lawyers on Tuesday to redact the names of about two dozen government witnesses from a public version of one of their court filings to protect them against potential threats or harassment.In a 24-page ruling, the judge, Aileen M. Cannon, told Mr. Trump’s lawyers to refer to the witnesses in their filing with a pseudonym or a categorical description — say, John Smith or F.B.I. Agent 1 — rather than identifying them by name.The special counsel, Jack Smith, had expressed a deep concern over witness safety, an issue that has touched on several of Mr. Trump’s criminal cases. Among the people prosecutors were seeking to protect were “career civil servants and former close advisers” to Mr. Trump, including one who had told them that he was so concerned about potential threats from “Trump world” that he refused to permit investigators to record an interview with him.Judge Cannon’s decision, reversing her initial ruling on the matter, was noteworthy, if only for the way it hewed to standard practice. After making a series of unorthodox rulings and allowing the case to become bogged down by a logjam of unresolved legal issues, the judge has come under intense scrutiny. Each of her decisions has been studied closely by legal experts for any indication of how she plans to proceed with other matters.But as she has in other rulings where she found in favor of Mr. Smith, Judge Cannon used her decision on Tuesday to take a shot at the special counsel, with whom she has been feuding. Although she agreed with him, she pointed out that his request to protect “all potential government witnesses without differentiation” was “sweeping in nature” and that she was “unable to locate another high-profile case” in which a judge had issued a similar decision.The fight over the witnesses began in earnest in early February when Mr. Smith’s prosecutors asked Judge Cannon to reconsider a decision she had made allowing Mr. Trump to publicly name about 24 witnesses in court papers they had filed asking the government for additional discovery information.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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    Another Trump Trial Faces Delay

    All four criminal cases against Donald Trump have become mired in issues that have pushed back the start of trials.Donald Trump’s New York hush money case — the only one of his four criminal cases that looked as if it would soon go to trial — suddenly faced the likelihood of delay on Thursday when a big batch of potential new evidence abruptly became available.The news of the likely postponement arrived as the former president was in federal court in Florida for a separate hearing in a different case — the one in which he stands accused of mishandling classified documents, which even now has no solid start date. The judge there rejected one of a multitude of motions from Mr. Trump to dismiss the case.On Friday, a judge in Georgia is expected to rule in yet another of the four cases on whether to disqualify the district attorney who charged Mr. Trump and a group of his allies with tampering with that state’s election results in 2020 — a decision that could be pivotal in determining whether the case goes to trial this year, or at all.And in Washington, prosecutors and Mr. Trump’s lawyers are preparing for a showdown at the Supreme Court, which will hear arguments next month on his claim that he is immune from charges in the federal indictment that accuses him of plotting to overturn his 2020 election loss. That case was originally supposed to go in front of a jury this month.The most recent complications make clear how the justice system is struggling to balance fairness and speed against the backdrop of a calendar shaped by the presidential campaign. All four cases in recent weeks have, in one way or another, become further mired in procedural or substantive issues that have resulted in delays.Alvin Bragg, the Manhattan district attorney, offered a delay of up to 30 days in the hush money trial. Jeenah Moon 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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    Read the Rejection of Trump’s Motion to Dismiss the Documents Case

    Case 9:23-cr-80101-AMC Document 402 Entered on FLSD Docket 03/14/2024 Page 1 of 2

    V.

    UNITED STATES OF AMERICA,

    Plaintiff,

    UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

    DONALD J. TRUMP, WALTINE NAUTA, and CARLOS DE OLIVEIRA,

    Defendants.

    CASE NO. 23-80101-CR-CANNON

    ORDER DENYING WITHOUT PREJUDICE DEFENDANT TRUMP’S MOTION TO DISMISS COUNTS 1–32 BASED ON UNCONSTITUTIONAL VAGUENESS

    THIS CAUSE comes before the Court upon Defendant Trump’s Motion to Dismiss Counts 1 through 32 Based on Unconstitutional Vagueness (the “Motion”), filed on February 22, 2024 [ECF No. 325]. The Special Counsel filed a Response in Opposition [ECF No. 377], to which Defendant Trump filed a Reply [ECF No. 398]. The Court heard argument on the Motion on March 14, 2024 [ECF No. 401]. Upon careful review of the Motion, related filings, and the arguments raised during the hearing, Defendant’s Motion is DENIED WITHOUT PREJUDICE.

    Defendant Trump seeks dismissal of Counts 1 through 32 of the Superseding Indictment on the ground that the statutory phrases “unauthorized possession,” “relating to the national defense,” and “entitled to receive” appearing in 18 U.S.C. § 793(e) are unconstitutionally vague as applied under the facts presented, in violation of due process and the rule of lenity. Although the Motion raises various arguments warranting serious consideration, the Court ultimately determines, following lengthy oral argument, that resolution of the overall question presented depends too greatly on contested instructional questions about still-fluctuating definitions of More

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    Yes, Biden’s Age Matters

    One of the most difficult conversations you can have in life is with a parent or peer who is becoming too old and infirm to work. Whether the infirmity is physical or mental, often your loved one is the last person to realize his own deficiencies, so he may interpret respectful, genuine concern as a personal attack.This conversation is difficult enough when it’s conducted entirely in private with friends and family. It’s infinitely more difficult when it plays out in public and involves the president of the United States.The top-line conclusion of the special counsel Robert Hur’s report regarding the discovery of classified information at Joe Biden’s home is good for the president. It found, in no uncertain terms, that “no criminal charges are warranted in this matter.” It said prosecution would be inappropriate “even if Department of Justice policy did not foreclose criminal charges against a sitting president.” The report even did the president the favor of clearly and unequivocally distinguishing his treatment of classified materials from Donald Trump’s vastly worse misconduct in his own retention-of-documents case.But the report presented what may be a worse assessment for Biden than the matter of guilt, which is its description of one reason he won’t be prosecuted: The special counsel found that Biden lacked the requisite degree of criminal willfulness in part because of his fading memory. The report characterized him as a “well-meaning, elderly man with a poor memory” and said he had “diminished faculties in advancing age.” To bolster this assertion, the report provided some damaging details, including claims that Biden couldn’t remember the dates when he was vice president and couldn’t remember “even within several years” when his son Beau died.The report understandably angered Biden, but in a fiery news conference after the report was released, he confused the president of Egypt with the president of Mexico. In isolation, the gaffe was minor — less serious, for instance, than Donald Trump recently confusing Nikki Haley with Nancy Pelosi — but the timing was terrible. The mistake, coming on the heels of two incidents in recent days in which Biden confused French and German leaders with their deceased predecessors, only served to bolster the special counsel’s conclusions.Democratic partisans may be furious that the special counsel was so blunt about Biden’s memory. But willfulness and intent are necessary elements of the underlying crimes, so Hur had to explore Biden’s mental state, and include illustrative details.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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    El informe del fiscal especial exculpa a Biden pero es un desastre político

    Una investigación concluyó que el mandatario era “bienintencionado” pero tenía “mala memoria”. El presidente salió a ofrecer declaraciones en un intento por realizar control de daños políticos.La decisión del jueves de no presentar cargos penales contra el presidente Joe Biden por mal manejo de documentos clasificados debió haber sido una exoneración legal inequívoca.En su lugar, fue un desastre político.La investigación, sobre el manejo de los documentos por parte de Biden después de ser vicepresidente, concluyó que era un “hombre bienintencionado de avanzada edad con una mala memoria” y que tenía “facultades disminuidas en la edad avanzada”, afirmaciones tan sorprendentes que pocas horas después motivaron un enérgico y emotivo intento de control de daños políticos por parte del presidente.The president defended his ability to serve when questioned by reporters on his memory and age during a news conference, hours after a special counsel cleared him of criminal charges in the handling of classified documents.Pete Marovich for The New York TimesLa noche del jueves, hablando a las cámaras desde la Sala de Recepciones Diplomáticas de la Casa Blanca, Biden arremetió contra el informe de Robert K. Hur, el fiscal especial, acusando a los autores del informe de “comentarios irrelevantes” sobre su edad y capacidad mental.“No saben de lo que están hablando”, dijo rotundamente el presidente.Biden pareció objetar especialmente la afirmación incluida en el informe de que durante las entrevistas con los investigadores del FBI no pudo recordar en qué año murió su hijo Beau.“¿Cómo diablos se atreve a mencionar eso?”, dijo el presidente, mientras parecía contener las lágrimas. “Cada Día de los caídos hacemos un servicio para recordarlo al que asisten amigos y familiares y la gente que lo amaba. No necesito a nadie, no necesito a nadie que me recuerde cuándo falleció”.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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    Special Counsel in Biden Documents Case Is Expected to Release Report Soon

    Most of the work by Robert K. Hur appears to have wrapped up after President Biden sat down with investigators in October, according to people in Mr. Biden’s orbit.Robert K. Hur, the special counsel investigating President Biden’s mishandling of documents retained from his vice presidency, is expected to release his report soon, according to people with knowledge of the situation.The imminent release of the report suggests that Mr. Hur is nearing the end of an investigation that began just over a year ago.It is expected to criticize Mr. Biden and his aides for sloppy record-keeping and storage, according to people in Mr. Biden’s orbit, speaking on the condition of anonymity to discuss the matter. But those people have long believed he will not be charged with any crime, judging from the lines of inquiry prosecutors have pursued in their interviews with witnesses and the president’s cooperation with investigators.Most of Mr. Hur’s work was completed in the final days of 2023, and appears to have wrapped up after Mr. Biden sat down with investigators in October, those people said. He also conducted interviews with several longtime advisers in the Biden administration, including the former chief of staff Ron Klain, Secretary of State Antony J. Blinken, Jake Sullivan, the national security adviser, and Steve Ricchetti, his counselor.Former President Donald J. Trump, who was charged over the summer with obstructing the government’s efforts to reclaim classified materials at his resort in Florida, is likely to seize on the report to downplay his own legal woes — and to claim the Justice Department has targeted him politically while letting Mr. Biden escape punishment.But Mr. Hur’s investigation does not appear to be comparable in scope or seriousness to Mr. Trump’s retention of sensitive government documents.Mr. Biden’s lawyers immediately notified the National Archives and Records Administration upon discovering a cache of classified documents in late 2022 when they were closing an office in Washington he occupied after leaving the vice presidency in 2017. They have since cooperated with the Justice Department, and gave the F.B.I. access to his house in Wilmington, Del., where they discovered more material.Mr. Trump, by contrast, repeatedly resisted requests from the National Archives, which is responsible for storing sensitive White House documents, initially turned over only a portion of what he had taken when he left office in January 2021. He failed to fully respond to a subpoena to return the rest and ultimately was subjected to a search of his home and office by F.B.I. agents with a warrant.Last January, Attorney General Merrick B. Garland appointed Mr. Hur, a veteran prosecutor who worked in the Trump administration, to examine “the possible unauthorized removal and retention of classified documents or other records discovered” after Mr. Biden left the Obama administration.With the exception of President Barack Obama, every occupant of the Oval Office since Watergate has confronted a special prosecutor scrutinizing him or members of his staff, sometimes for relatively narrow matters but at other times for issues that have mushroomed into the threat of impeachment. More

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    Prosecutors in Documents Case Reject Trump’s Claims of Bias

    The office of the special counsel, Jack Smith, pushed back on the former president’s assertions that his prosecution was motivated by animosity toward him in intelligence agencies.Federal prosecutors pushed back on Friday against former President Donald J. Trump’s contention that his prosecution over the handling of classified documents was motivated by a longstanding bias against him among the intelligence agencies and other government officials.The pushback by the office of the special counsel, Jack Smith, came in a 67-page court filing. The filing was intended to argue against Mr. Trump’s requests for additional discovery materials in the classified documents case.When Mr. Trump’s lawyers made those requests for materials last month, they signaled that they planned to place accusations that the intelligence community and other members of the so-called deep state were biased against Mr. Trump at the heart of their defense.But Mr. Smith’s team said that the former president’s requests for additional information were “based on speculative, unsupported, and false theories of political bias and animus.”Some of Mr. Trump’s demands for discovery were so ambiguous “that it is difficult to decipher what they seek,” the prosecutors wrote, while others, they added, “reflect pure conjecture detached from the facts surrounding this prosecution.”Discovery disputes can be contentious in criminal cases as defense lawyers push for as much information as they can get and prosecutors seek to limit access to materials that they believe are irrelevant.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