Federal Criminal Case Against Trump (Documents Case)

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      Trump’s Conspirators Are Facing the Music, Finally

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      We’ve reached a turning point in the effort to ensure there are consequences for those who deliberately attempt to undermine our democracy: Michigan’s attorney general, Dana Nessel, charged 16 Republican leaders in her state on Tuesday for their role as fake electors working to overturn the results of the 2020 election. The charges, coming on the heels of news that the special counsel Jack Smith has informed Donald Trump that he’s a target of the Department of Justice’s investigation into the Capitol riot, mean we are witnessing a new and necessary phase in this quest for accountability, one in which the federal and state wheels of justice work to hold people accountable not only for the violence on Jan. 6, but also for what got us there: the alleged scheme to interfere with the transfer of power.The charges in Michigan will surely meet criticism on all sides. Some will say the case is not broad or bold enough, that Mr. Trump and the other alleged national ringleaders should have been charged as well. Others will say Ms. Nessel cast too wide a net, pulling in low-level party functionaries who did not know better. We think those critiques are misconceived. Ms. Nessel got it just right, prosecuting crimes firmly within her jurisdiction, while opening the way for federal authorities to net even bigger fish.Ms. Nessel brought the same eight counts against all 16 defendants. The offenses include conspiracy to commit forgery, since the defendants are accused of signing documents stating they were the qualified electors (they were not), and publishing forged documents by circulating these materials to federal and state authorities. On paper, the penalties for the offenses range from five to 14 years, but sentencing in this case would presumably be lower than that maximum.Until now there have been no charges centered on the fake electors plot. For that reason alone, Michigan’s action brings a sense of needed accountability for those who fanned the rioters’ passions leading up to Jan. 6 by spinning a false narrative about a stolen election.Michigan saw some of the most outrageous fake electoral certificates to emerge during the period leading up to the Capitol riot. Unlike the fake certificates in Pennsylvania and New Mexico, the Michigan documents did not include a disclaimer that they were to be used only in the case of litigation. What’s more, the documents contained more outright false statements than simply declaring that the signers were the lawful electors of the winning candidate.For example, they state that the electors “convened and organized in the State Capitol,” when, according to the attorney general, they were hidden away in the basement of the state Republican headquarters. (It seems likely that the fake electors included this lie because Michigan law requires presidential electors to meet in the Capitol — a requirement and legal problem that a Trump campaign legal adviser, Kenneth Chesebro, had flagged in his confidential memorandum setting out the scheme.)In proving these cases, establishing intent will be key. Here, there are several indicators that the defendants may have been aware of the illicit nature of their gathering. According to congressional testimony from the state Republican Party’s chairwoman at the time, Laura Cox, the group originally planned to meet inside the Capitol and hide overnight, so they could vote in the building the following day. Ms. Cox said she told a lawyer working with the Trump campaign and supposedly organizing the fake electors “in no uncertain terms that that was insane and inappropriate,” and “a very, very bad idea and potentially illegal.”As she put it, Ms. Cox was “very uncomfortable” with facilitating a meeting of the fake elector group, and said so at the time in accord with her lawyers’ opinion. Ms. Cox even urged the group to draft a significantly more measured document simply “stating that if perhaps something were to happen in the courts, they were willing and able to serve as electors from Michigan for Donald Trump.” Her advice was not followed.At the time the fake electors met to allegedly forge their documents, they should have been aware that state officials had certified the election results for Joe Biden — it was national and state news. By that point, there was no prospect of changing that outcome through either litigation or legislative action. On the day prosecutors say the fake electors met, two of the most powerful Republicans in the state acknowledged as much. Mike Shirkey, the majority leader in the State Senate, and Lee Chatfield, the House speaker, both issued statements declaring the presidential race over. Mr. Shirkey said that Michigan’s “Democratic slate of electors should be able to proceed with their duty” without the threat of harassment or violence.The fake electors were told they were not allowed to bring their phones into the meeting at the Republican headquarters that day, according to testimony one of them gave congressional investigators. They were instructed to maintain secrecy and not to share any details about what was occurring. That secrecy suggests that they knew what they were doing was wrong.Michigan’s former secretary of state, Terri Lynn Land, who had been designated a Trump elector, declined to participate in the proceedings, saying, according to Ms. Cox’s testimony, she was not comfortable doing so.With these facts, it would have been unthinkable for the state attorney general to choose not to prosecute the Michigan 16. Ms. Nessel’s office has regularly brought prosecutions, some of them against her fellow Democrats, centered on false documents in connection with elections. The case of the fake electors is far more egregious than most of those other cases: The defendants here were politically engaged individuals who should have been aware of the election results, as well as the flat rejection by the courts and Michigan Legislature of the Trump campaign’s claims of voter fraud.To be sure, some critics of the case may still think that the Michigan attorney general should have gone after Mr. Trump and his top lieutenants, who helped organize the false electors. But prosecutors have a responsibility first to pursue those individuals within their jurisdiction. By focusing solely on the figures who undertook their acts in Michigan, Ms. Nessel is wisely insulating her case against charges that she overreached, exceeding her jurisdiction.Of course, broader prosecutions may still be justified. Reporting indicates that the district attorney for Fulton County, Ga., Fani Willis, may be considering a different kind of wide-ranging case, involving state RICO crimes. Unlike the Michigan prosecution, her case may focus on Mr. Trump’s direct efforts to pressure state election officials — efforts that were caught on tape — and Rudy Giuliani’s attempt to provide false statements of election fraud to state officials.If broad-based indictments ultimately emerge out of Georgia, and are supported by the facts and appropriate law, then we would welcome it. That is part of the genius of American democracy: The states, which are responsible for running our elections, are laboratories of both democracy and of accountability.Ms. Nessel’s case also leaves a clear lane for Mr. Smith, the special counsel. She has avoided charging high-level national individuals whom Mr. Smith is apparently investigating. If anything, her case provides greater foundation for Mr. Smith to act, and he now seems to be following through. If Ms. Nessel can move against these individuals in Michigan, Mr. Smith can and should do the same against the ringleaders. Together, they can hold both the foot soldiers and their organizers accountable for their actions leading up to the Capitol riot.Norman Eisen, a senior fellow at the Brookings Institution, was special counsel to the House Judiciary Committee for the first impeachment and trial of Donald Trump. Ryan Goodman, a law professor at New York University, is a co-editor in chief of the Just Security website.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Prosecutors Push Back on Trump’s Request to Delay Documents Trial

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      The office of the special counsel, Jack Smith, said there “is no basis in law or fact” for granting a motion from former President Donald J. Trump that could push the start of the trial until after Election Day.Federal prosecutors on Thursday asked the judge overseeing former President Donald J. Trump’s classified documents case to reject a motion by Mr. Trump’s lawyers to have his trial indefinitely postponed, a move that could serve to delay the proceeding until after the 2024 election.The filing by the prosecutors came three days after Mr. Trump’s legal team made an unusual request to the judge, Aileen M. Cannon, asking her to set aside the government’s initial suggestion to hold the trial in December and delay it until all “substantive motions” in the case were presented and resolved.The timing of a trial is crucial in all criminal matters. But it is especially important in this case, in which Mr. Trump has been charged with illegally holding on to 31 classified documents after leaving the White House and conspiring with one of his personal aides, Walt Nauta, to obstruct the government’s efforts to reclaim them.Mr. Trump is now both a federal criminal defendant and the Republican Party’s leading candidate in the presidential campaign. There could be untold complications if his trial seeps into the final stages of the race. Moreover, if the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely.Apparently recognizing these high stakes, prosecutors working for the special counsel, Jack Smith, told Judge Cannon that she should not allow Mr. Trump and Mr. Nauta to let the case drag on without a foreseeable ending.“There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion,” they wrote, “and the defendants provide none.”Mr. Trump’s lawyers based their motion for a delay — which was filed on Monday in the Southern District of Florida — on several assertions.They said that as the case moved forward, they intended to make novel — and presumably time-consuming — arguments that the Presidential Records Act permitted Mr. Trump to take documents with him from the White House. That interpretation of the Watergate-era law is at odds with how legal experts interpret it.Prosecutors responded by saying this potential defense “borders on frivolous.” They also reminded Judge Cannon that it was not new at all, but in fact was central to an extended legal battle last year that she oversaw, in which an outside arbiter was put in place to review a trove of materials seized by the F.B.I. from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.Mr. Trump’s lawyers also complained that a first trove of discovery evidence provided by the government was expansive — including more than 800,000 pages of material — and would take a significant amount of time to sort through.Prosecutors shot back, saying about a third of those pages contained unimportant “email header and footer information” and that a set of “key” documents that would guide the defense toward the crucial sections of discovery was only about 4,500 pages.The prosecutors also told Judge Cannon that they intended to provide Mr. Trump’s lawyers with a second batch of unclassified discovery evidence as early as next week, including interviews conducted with witnesses as recently as June 23 — a few weeks after Mr. Trump was indicted. That suggests, as The New York Times has reported, that the investigation of the classified documents case continued even after charges were filed.As for the classified discovery evidence, prosecutors said they planned to take the bulk of the classified materials seized from Mar-a-Lago to a sensitive compartmented information facility inside Miami’s federal courthouse next week for review by Mr. Trump’s lawyers — even though some of them only have interim security clearances.Once the lawyers have their final security clearances, the prosecutors said, they will be able to look at the remaining classified records, including some “pertaining to the declassification of various materials during the Trump administration.”In asking for a delay, Mr. Trump’s lawyers had said that his campaign schedule “requires a tremendous amount of time and energy” and that these efforts would continue until the election. They argued that Mr. Nauta had a similar problem since his job requires him to accompany Mr. Trump on “most campaign trips around the country.”But prosecutors seemed to have no patience for this argument, saying the two men’s “professional schedules do not provide a basis to delay.”“Many indicted defendants have demanding jobs that require a considerable amount of their time and energy, or a significant amount of travel,” they wrote. “The Speedy Trial Act contemplates no such factor as a basis for a continuance, and the court should not indulge it here.” More

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      What to Watch for as FBI Director Christopher Wray Testifies Before Congress

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      Stoked by former President Donald J. Trump, congressional Republicans have been trying to undermine the F.B.I.’s legitimacy with the public.Christopher A. Wray, the F.B.I. director, confronted an extraordinary political storm on Wednesday in testifying before Congress, with Republicans who once defended the bureau now denouncing it as a weapon wielded against former President Donald J. Trump and his supporters.Mr. Wray, who is appearing for the first time before the House Judiciary Committee since Republicans won the House, is most likely girding for the worst. The committee, led by Representative Jim Jordan, Republican of Ohio, has said it “will examine the politicization” of the F.B.I. under Mr. Wray and Attorney General Merrick B. Garland.In his opening statement, Mr. Jordan accused the bureau of a litany of abuses. He urged Democratic lawmakers to join Republicans in blocking the reauthorization of a warrantless surveillance program known as Section 702 and raised questions about funding for the bureau’s new headquarters.“I hope they will work with us in the appropriations process to stop the weaponization of the government against the American people and end this double standard that exists now in our justice system,” he said.Anticipating the questioning to come, the top Democrat on the committee, Representative Jerrold Nadler of New York, described the hearing as “little more than performance art.” He countered that Republicans had initiated an array of “baseless investigations” in a bid to “protect Donald Trump from the consequences of his actions.”Stoked by the former president, congressional Republicans have adopted an increasingly caustic tone in their criticism of the country’s premier law enforcement agency, trying to damage its legitimacy and to undermine its standing with the public.That criticism was once trained on the bureau’s investigation into the Trump campaign’s ties to Russia during the 2016 election. It is now focused on other flash points: Mr. Trump’s indictment in an inquiry into his handling of classified documents; the F.B.I.’s role in the search of his estate in Florida in August, as part of that inquiry; unfounded claims of a “two-tiered” system of justice favoring Democrats; and the Justice Department’s plea agreement with President Biden’s son, Hunter Biden.So far, Republicans have not provided evidence that the F.B.I. and Mr. Wray are partisan, but they will try to catch him off balance and seed doubt about his motives.Here is what to look for:How will Mr. Wray respond?Mr. Wray infuriated Mr. Trump, who viewed the director’s declaration of independence as disloyalty. But Mr. Wray has previously testified before Congress, steadfastly defending the F.B.I. as nonpartisan and taking fire on Twitter from Mr. Trump, while he was president.Mr. Trump appointed Mr. Wray in 2017 after he fired James B. Comey, who as F.B.I. director had opened the Russia investigation. Since then, Mr. Wray has been under constant pressure from Republicans, who have simultaneously decried lawlessness in cities run by Democrats while attacking the F.B.I.’s role in political investigations.In the past, Mr. Wray has responded to attacks by parsing his words carefully. In his opening statement, he forcibly defended the F.B.I. and declined to discuss open investigations, which is the policy of the Justice Department.“I want to talk about the sheer breadth and impact of the work the F.B.I.’s 38,000 employees are doing, each and every day,” he said, citing the bureau’s work in addressing violent crime, fentanyl trafficking and efforts by China to steal trade secrets. “Because the work the men and women of the F.B.I. do to protect the American people goes way beyond the one or two investigations that seem to capture all the headlines.”Republicans are going to war.Mr. Trump and his supporters — as well as a vocal group of former F.B.I. officials who have aligned themselves with Republicans in Congress — believe the government is trying to silence and punish conservatives and see the bureau as a dangerous extension of that effort.Case in point: In January, House Republicans voted to investigate law enforcement, creating the Select Subcommittee on the Weaponization of the Federal Government.Republicans have claimed that the F.B.I. prodded Twitter to discriminate against their party as well as conservative or right-wing protesters at school board meetings and abortion clinics. Those issues have proved to be powerful drivers of voter turnout in the party’s pro-Trump base.The subcommittee is led by Mr. Jordan, a close ally of Mr. Trump’s.Last month, House Republicans on the Oversight Committee moved to hold Mr. Wray in contempt of Congress. But they called off a planned vote days later after the bureau said it would make available a document at the center of their dispute, involving an unverified allegation of bribery against Mr. Biden when he was vice president.Mr. Trump and his supporters have promoted the idea that the Mar-a-Lago search was intended to neutralize his electoral chances.Mr. Trump and his allies have raged at his indictment and the search of Mar-a-Lago in August, when F.B.I. agents descended on his residence and uncovered hundreds of classified documents.The former president and his supporters have said that Mr. Trump declassified the records, meaning there was no misconduct to start, and that the search was an example of an uneven application of justice.But so far no evidence has emerged that the documents were declassified or that the search, which was approved by a federal judge, was improper or politically motivated. In fact, the search unfolded after Mr. Trump repeatedly resisted the government’s requests that he return the material.In recent weeks, Steven D’Antuono, the former top F.B.I. agent overseeing the documents case, testified behind closed doors before Mr. Jordan.Asked if “anyone was motivated by animus” in the documents investigation, Mr. D’Antuono said no, according to a transcript of his testimony.Mr. Trump appointed Mr. Wray in 2017 after he fired James B. Comey.Haiyun Jiang for The New York TimesHunter Biden reached a plea deal. Republicans hate it.Under the deal with the Justice Department, Mr. Biden agreed to plead guilty to misdemeanor counts of failing to pay his 2017 and 2018 taxes on time and to be sentenced to probation. The department also said it would not prosecute him for buying a handgun in 2018 during a period when he was using drugs.Republicans have assailed the deal, calling it too lenient, even though years of investigation by a Trump-appointed U.S. attorney found evidence to charge Mr. Biden only on the narrow tax and gun issues, rather than the wide-ranging international conspiracies peddled by Mr. Trump and his allies.That U.S. attorney, David C. Weiss, who signed off on the agreement, has also come under fire. On Monday, Mr. Weiss rebutted a key element of testimony to Congress by an Internal Revenue Service official who said that Mr. Weiss had complained about being blocked from pursuing more serious charges.Republicans will claim the Durham investigation showed that the F.B.I. was politically motivated in pursuing its Russia inquiry.A final report by John H. Durham, the Trump-era special counsel, looked at the origins of the F.B.I.’s investigation into any ties Mr. Trump’s campaign had with Russia but found no evidence of politically motivated misconduct.Still, Mr. Durham’s report has continued to fuel Republican claims of bias, with some accusing the F.B.I. of making moves motivated by political favoritism.That charge almost immediately resurfaced during Mr. Wray’s hearing. Mr. Durham’s “ lengthy report reluctantly concluded that the F.B.I. quote, failed uphold its mission of strict fidelity to the law,” Representative Mike Johnson, Republican of Louisiana, said shortly after Mr. Wray’s testimony began.Even as Mr. Trump and his loyalists had long insisted that Mr. Durham’s investigation would unearth a “deep state” conspiracy intended to damage him politically, Mr. Durham never charged high-level government officials.Instead, Mr. Durham developed only two peripheral cases involving accusations of making false statements, both of which ended in acquittals, while using his report to cite flaws in the F.B.I.’s early investigative steps that he attributed to confirmation bias.Will Americans trust the F.B.I.?Republicans have claimed the Justice Department is “weaponized” against conservatives, but the allegations that were brought forth by aggrieved former F.B.I. officials have foundered.Instead, Democratic investigators have uncovered that those former F.B.I. officials have trafficked in right-wing conspiracy theories, including about the Jan. 6, 2021, attack at the Capitol, and have received financial support from a top ally of Mr. Trump’s.In a heated exchange, Representative Matt Gaetz, Republican of Florida, said the American public trusted the F.B.I. more under J. Edgar Hoover, the bureau’s first director, than under the leadership of Mr. Wray. Mr. Wray countered that the number of F.B.I. applicants had surged in Mr. Gaetz’s home state. Mr. Gaetz said he was “deeply proud” of these people and “they deserve better than you.”Still, the back-and-forth is having an impact. Mr. D’Antuono, in his testimony, rebuffed allegations of political bias and rejected calls to defund the bureau — but expressed concern about the future.“In my opinion,” he said, “the more the American people hear about not trusting the F.B.I., it’s not a good day for this country.” More

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      Trump Lawyers Seek Indefinite Postponement of Documents Trial

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      The former president’s legal team argued in a court filing that no trial date should be set until all “substantive motions” in the case were resolved, setting up an early key decision by Judge Aileen M. Cannon.Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided.The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the Trump-appointed jurist who is overseeing the case. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election.While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them.There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely.Some of the former president’s advisers have been blunt in private conversations that he is looking to winning the election as a solution to his legal problems. And the request for an open-ended delay to the trial of Mr. Trump and his co-defendant, Walt Nauta, a personal aide, presents a high-stakes question for Judge Cannon, who came into the case already under scrutiny for making decisions favorable to the former president in the early phases of the investigation.The filing came in response to one submitted last month by prosecutors working for the special counsel, Jack Smith, who requested a trial date of Dec. 11. Judge Cannon, appearing to adopt the brisk calendar mandated by the Speedy Trial Act, had initially scheduled the case to go to trial in August.Judges have wide latitude to set schedules for trials, and scheduling orders are typically not subject to appeal to higher courts. That said, given the extraordinary nature of Mr. Trump’s case and the potential implications of a delay, prosecutors under Mr. Smith could in theory try to come up with a rationale to challenge a scheduling decision made by Judge Cannon to the U.S. Court of Appeals for the 11th Circuit.Mr. Trump’s lawyers pitched their request to Judge Cannon as a plea for cautious deliberation and as a means of safeguarding democracy.“This extraordinary case presents a serious challenge to both the fact and perception of our American democracy,” wrote the lawyers, Chris M. Kise and Todd Blanche for Mr. Trump, and Stanley Woodward Jr. and Sasha Dadan for Mr. Nauta.“The court now presides over a prosecution advanced by the administration of a sitting president against his chief political rival, himself a leading candidate for the presidency of the United States,” they wrote. “Therefore, a measured consideration and timeline that allows for a careful and complete review of the procedures that led to this indictment and the unprecedented legal issues presented herein best serves the interests of the defendants and the public.”The lawyers also took note of the unusual intertwining of law and politics in the case, suggesting that Mr. Trump’s status as a presidential candidate should be factored into the timing of the trial.“President Trump is running for president of the United States and is currently the likely Republican Party nominee,” they wrote. “This undertaking requires a tremendous amount of time and energy, and that effort will continue until the election on Nov. 5, 2024.”“Mr. Nauta’s job requires him to accompany President Trump during most campaign trips around the country,” they continued. “This schedule makes trial preparation with both of the defendants challenging. Such preparation requires significant planning and time.”Walt Nauta, Mr. Trump’s co-defendant and personal aide, leaving the federal courthouse in Miami on Thursday.Alon Skuy/Getty ImagesAnd they suggested that there was no rationale for an expedited trial.“While the government appears to favor an expedited (and therefore cursory) approach to this case, it cannot point to any exigency or urgency requiring a rapid adjudication,” they wrote. “There is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”On Monday, hours before Mr. Trump’s lawyers requested a delay of the trial, a lawyer for Mr. Nauta asked Judge Cannon to postpone a hearing to discuss the issue of the classified materials in the case that was scheduled for Friday. The defense and the prosecution ultimately agreed to delay the hearing, which will take place in Federal District Court in Fort Pierce, Fla., until next Tuesday.Judge Cannon agreed to that schedule change in a brief order issued on Tuesday morning.In making their case to delay the trial, Mr. Trump’s lawyers cited the expansive discovery evidence provided to them by the government.The first discovery disclosure, they said, contained more than 833,450 pages of material, including about 122,650 emails and 305,670 other documents. The lawyers said that after subsequent troves of evidence were handed over, they would most likely make more requests to the government for further information.They also pointed to the complex process of deciding how to handle the sensitive materials at the heart of the case under the Classified Information Procedures Act — the subject of the hearing that had been scheduled for Friday. The lawyers strongly hinted that they were going to fight the government during the pretrial litigation over classified material, a process that could take up significant amounts of time.The filing by Mr. Trump’s legal team presents Judge Aileen M. Cannon, a Trump appointee, with a key early test.Southern District of Florida“In general, the defendants believe there should simply be no ‘secret’ evidence, nor any facts concealed from public view relative to the prosecution of a leading presidential candidate by his political opponent,” the lawyers wrote. “Our democracy demands no less than full transparency.”Aside from its request for a delay, the filing served as a preview of Mr. Trump’s legal strategy as the lawyers laid out ways in which they planned to attack his indictment.They suggested, for example, that they intended to challenge some of the charges he is facing by arguing that the Presidential Records Act permitted Mr. Trump to take documents with him from the White House. That interpretation of the Watergate-era law is at odds with how legal experts interpret it and was not successful during an extended legal battle last year over an outside arbiter who was put in place to review a trove of materials seized by the F.B.I. from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.The former president’s lawyers also suggested that they might raise “constitutional and statutory challenges” to Mr. Smith’s authority as special counsel. Moreover, they laid the groundwork for questioning whether an impartial jury could be seated at the trial while Mr. Trump was running for office.“There is simply no question any trial of this action during the pendency of a presidential election will impact both the outcome of that election,” they wrote, “and, importantly, the ability of the defendants to obtain a fair trial.” More

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      Read the Filing

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      Case 9:23-cr-80101-AMC Document 66 Entered on FLSD Docket 07/10/2023 Page 7 of 12

      11. Indeed, significant effort will be required to sort through the purportedly classified documents once received from the Government before any motions on behalf of the Defendants can even be filed. At present, based on the Government’s requested schedule, the trial would begin December 11, 2023, with pre-trial motions due in the preceding months. From a practical matter, the volume of discovery and the CIPA logistics² alone make plain that the Government’s requested

      schedule is unrealistic.

      12. By way of further example, the Government’s proposed timeline differs markedly from two relatively recent CIPA involved cases, United States v. Reality Winner, 464 F. Supp. 3d 1375 (S.D. Ga.), aff’d, 835 F. App’x 1002 (11th Cir. 2020), and United States v. Chaoqun, No. 18-CR-611, 2020 WL 1689826 (N.D. Ill. Apr. 7, 2020). In Winner, the defendant was indicted June 7, 2017, but trial was not set to commence until October 15, 2018 (a plea was ultimately entered prior to trial). In Chaoqun, the defendant was indicted January 24, 2019, but the case was not tried until September 12, 2022. The timelines in both these cases contrast starkly with the Government’s proposed six-month timeline in this case.

      Furthermore, contrary to the Government’s assertion regarding the nature of the legal issues in this matter, (see ECF No. 34), this case presents novel, complex, and unique legal issues, most of which are matters of first impression. As noted above, this Court will need to evaluate the intersection between the Presidential Records Act, 44 U.S.C. §§ 2201-2209, and the various criminal statutes forming the basis of the indictment. These will be questions of first impression for any court in the United States, and their resolution will impact the necessity, scope, and timing of any trial. Moreover, also as noted above, the Defendants anticipate pursuing

      13.

      2 For example, the Defendants cannot possibly provide the requisite notice under CIPA section 5(a) before a full review of the purportedly classified information.

      -7 More

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      Special Counsel Inquiries Into Trump Cost at Least $5.4 Million

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      The Justice Department also disclosed $616,000 in spending by the special counsel scrutinizing President Biden’s handling of classified files.The investigations into former President Donald J. Trump’s hoarding of government files and his efforts to overturn the 2020 election cost taxpayers about $5.4 million from November through March as the special counsel, Jack Smith, moved toward charging Mr. Trump, the Justice Department disclosed on Friday.Budgeting documents also showed that Robert K. Hur, the special counsel investigating President Biden’s handling of classified documents after he left the vice presidency, spent just under $616,000 from his appointment in January through March.And John H. Durham, who was appointed special counsel during the Trump administration to investigate the Russia inquiry, reported spending a little over $1.1 million from October 2022 to the end of March, representing the first half of the 2022-2023 fiscal year. Mr. Durham’s investigation had ended, but he was writing a final report he delivered in May.The budget disclosures covered an extraordinary period in which the Justice Department had three special counsels — prosecutors who operate with a greater degree of day-to-day autonomy than ordinary U.S. attorneys — at work. With the conclusion of Mr. Durham’s investigation, two such inquiries remain.Last month, Mr. Smith, who was appointed in November, obtained a grand jury indictment against Mr. Trump and an aide, Walt Nauta. The former president faces 31 counts of unauthorized retention of secret national-security documents and six other counts involving accusations of obstructing the investigation and causing one of his lawyers to lie to the government.Mr. Smith has also continued to investigate Mr. Trump and several of his associates over the efforts to overturn the 2020 election results that culminated in the Jan. 6, 2021, attack on the Capitol by a mob of Trump supporters. Both investigations have involved significant litigation over Mr. Trump’s attempts to block grand-jury testimony by various witnesses under attorney-client privilege.The largest line item of spending by Mr. Smith through the end of March — $2,672,783 — covered personnel compensation and expenses, according to the statement of expenditures. Most of that salary money was to reimburse the Justice Department for employees who already worked for the government and had been detailed to the special counsel’s office.Mr. Smith’s operation also paid $1,881,926 for contractual services, including litigation and investigative support and purchasing transcripts.Mr. Hur’s investigation has been much quieter. Mr. Garland appointed him in January after several classified documents were found at a former office of Mr. Biden’s in Washington and at his home in Wilmington, Del. Mr. Biden and his lawyers, who alerted the government to the discoveries and have portrayed their retention as inadvertent, have said they are cooperating with the investigation.The largest line item in Mr. Hur’s office during the two and a half months covered by the budgeting document was also personnel compensation and benefits, at $346,139. That figure indicates that his operation is significantly smaller than Mr. Smith’s, reflecting the narrower scope of his assignment.Of the three special counsels, only Mr. Durham’s office was operating for the entire six-month period covered by the budgeting documents. His largest expenditure — $544,044 — also covered employee salaries and benefits.To date, Mr. Durham has reported spending about $7.7 million in taxpayer funds since Attorney General William P. Barr gave him special counsel status in October 2020, entrenching him to continue his investigation after Mr. Trump lost the election.Mr. Durham, however, began his assignment in the spring of 2019, and the Justice Department has not disclosed what taxpayers spent on about the first 16 months of his work. That period included trips to Europe as Mr. Barr and Mr. Durham fruitlessly pursued a pro-Trump conspiracy theory that the Russia inquiry had originated in a plot by Western spy agencies.Mr. Durham also later developed two narrow cases accusing nongovernment officials of making false statements, both of which ended in acquittals. More

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      Investigation of Trump Documents Case Continues After His Indictment

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      A grand jury has issued more subpoenas to people involved in the case after the unveiling of a 38-count indictment this month against the former president and an aide.Three weeks after former President Donald J. Trump was indicted on charges of illegally retaining national security records and obstructing the government’s efforts to reclaim them, a federal grand jury in Miami is still investigating aspects of the case, according to people familiar with the matter.In recent days, the grand jury has issued subpoenas to a handful of people who are connected to the inquiry, those familiar with it said. While it remains unclear who received the subpoenas and the kind of information prosecutors were seeking to obtain, it is clear that the grand jury has stayed active and that investigators are digging even after a 38-count indictment was issued this month against Mr. Trump and a co-defendant, Walt Nauta, one of his personal aides.Prosecutors often continue investigating strands of a criminal case after charges have been brought, and sometimes their efforts go nowhere. But post-indictment investigations can result in additional charges against people who have already been accused of crimes in the case. The investigations can also be used to bring charges against new defendants.When the office of the special counsel Jack Smith filed the charges against Mr. Trump and Mr. Nauta in the Southern District of Florida, the 49-page indictment offered an unusually detailed picture of the former president holding on to 31 highly sensitive government documents at Mar-a-Lago, his private club and residence in West Palm Beach, Fla. Among the documents were some that concerned U.S. nuclear programs and others that detailed the nation’s potential vulnerabilities to attack.The indictment was strewn with vivid photographs of government records stored in boxes throughout Mar-a-Lago in a haphazard manner. Some of the boxes were piled up in a storage room, others in a bathroom and on a ballroom stage.Several of Mr. Trump’s aides and advisers appeared in the indictment, identified only as Trump Employee 1 or similar descriptions. In one episode, the indictment recounted how Mr. Trump displayed a classified map to someone described as “a representative of his political action committee” during a meeting in August or September 2021 at his golf club in Bedminster, N.J.The representative of the PAC was Susie Wiles, one of the top advisers for Mr. Trump’s presidential campaign, according to two people briefed on the matter. A Trump spokesman declined to comment.Ms. Wiles’s appearance in the indictment was reported earlier by ABC News.The fact that Ms. Wiles could become a prosecution witness should Mr. Trump’s case go to trial, even as she is helping run his third bid for office, underscores the complexities that the former president now faces as he deals with both a presidential campaign and a criminal defense with an overlapping cast of characters.During the meeting with Ms. Wiles, the indictment says, Mr. Trump commented that “an ongoing military operation” in an unnamed country was not going well. He then showed Ms. Wiles, who did not have proper security clearance, a classified map of that country, the indictment says, even while acknowledging that he should not be displaying the map and warning Ms. Wiles “to not get too close.”Many of Mr. Trump’s aides and employees at Mar-a-Lago were questioned as part of the investigation that resulted in his indictment, and Mr. Trump has been barred from discussing the facts of the case with them even though many work in close contact with him. Mr. Trump has made defending himself against the charges a central part of his political and fund-raising messages, adding to the level of overlap that exists between his legal and political worlds.Other aides who have been close to Mr. Trump are featured in the indictment, such as “Trump Employee 2,” who has been identified as Molly Michael, an assistant to Mr. Trump in the White House and his post-presidential office. The portion of the indictment describing the transcript of an audio recording in which Mr. Trump described what he said was a plan to attack Iran given to him by the Pentagon lists someone as a “staffer,” whom three people identified as Liz Harrington, a spokeswoman for Mr. Trump.Some Trump aides and employees who had initially caught the attention of investigators were mentioned in the indictment only in passing.At one point, for example, prosecutors under Mr. Smith appeared to be focused on Mr. Nauta’s dealings with a maintenance worker at Mar-a-Lago, Carlos Deoliveira, who helped him move boxes into a storage room at the compound. The movement of those boxes — at Mr. Trump’s request, prosecutors say — ultimately lay at the heart of a conspiracy charge in the indictment accusing Mr. Trump and Mr. Nauta of obstructing the government’s attempt to retrieve all of the classified materials in Mr. Trump’s possession.In a previously unreported detail, prosecutors obtained a warrant to seize Mr. Deoliveira’s phone as part of their investigation, according to a person familiar with the matter.Records from the phone eventually showed that Mr. Deoliveira called an I.T. specialist who worked for Mar-a-Lago last summer around the time that prosecutors issued a subpoena to Mr. Trump’s company, the Trump Organization, demanding footage from a surveillance camera near the storage room where the boxes of documents were kept.But Mr. Deoliveira is referenced as “an employee of the Mar-a-Lago Club” in only a single paragraph in the indictment. More

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      in Elections

      A Handy Guide to the Republican Definition of a Crime

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      If you think Republicans are still members of the law-and-order party, you haven’t been paying close attention lately. Since the rise of Donald Trump, the Republican definition of a crime has veered sharply from the law books and become extremely selective. For readers confused about the party’s new positions on law and order, here’s a guide to what today’s Republicans consider a crime, and what they do not.Not a crime: Federal crimes.All federal crimes are charged and prosecuted by the Department of Justice. Now that Republicans believe the department has been weaponized into a Democratic Party strike force, particularly against Mr. Trump, its prosecutions can no longer be trusted. “The weaponization of federal law enforcement represents a mortal threat to a free society,” Gov. Ron DeSantis of Florida recently tweeted.The F.B.I., which investigates many federal crimes, has also become corrupted by the same political forces. “The F.B.I. has become a political weapon for the ruling elite rather than an impartial, law-enforcement agency,” said Kevin D. Roberts, the president of the right-wing Heritage Foundation.And because tax crimes are not real crimes, Republicans have fought for years to slash the number of I.R.S. investigators who fight against cheating.Crime: State and local crimes, if they happen in an urban area or in states run by Democrats.“There is a brutal crime wave gripping Democrat-run New York City,” the Republican National Committee wrote last year. “And it’s not just New York. In 2021, violent crime spiked across the country, with 14 major Democrat-run cities setting new record highs for homicide.” (In fact, the crime rate went up in the city during the pandemic, as it did almost everywhere, but it has already begun to recede, and remains far lower than its peak in the 1990s. New York continues to be one of the safest big cities in the United States.)Crime is so bad in many cities, Republican state leaders say, that they have been forced to try to remove local prosecutors who are letting it happen. Some of these moves, however, are entirely political; a New York Times investigation found no connection between the policies of a prosecutor removed by Mr. DeSantis and the local crime rate.Not a crime: Any crime that happens in rural areas or in states run by Republicans.Between 2000 and 2021, the per capita murder rate in states that voted for Donald Trump was 23 percent higher than in states that voted for Joe Biden, according to one major study. The gap is growing, and it is visible even in the rural areas of Trump states.But this didn’t come up when a Trump ally, Representative Jim Jordan of Ohio, held a hearing in New York in April to blast Manhattan’s prosecutor for being lax on crime, even though rates for all seven major crime categories are higher in Ohio than in New York City. Nor does House Speaker Kevin McCarthy — who tweets about Democratic “lawlessness” — talk about the per capita homicide rate in Bakersfield, Calif., which he represents, which has been the highest in California for years and is higher than New York City’s.Crime: What they imagine Hunter Biden did.The Republican fantasy, being actively pursued by the House Oversight Committee, is that Hunter Biden and his father, President Biden, engaged in “influence peddling” by cashing in on the family name through foreign business deals. Republicans have yet to discover a single piece of evidence proving this theory, but they appear to have no doubt it really happened.Not a crime: What Hunter Biden will actually plead guilty to.Specifically: two misdemeanor counts of failing to pay his taxes on time. Because tax crimes are not real crimes to Republicans, the charges are thus proof of a sweetheart deal to let the president’s son off easy, when they would prefer he be charged with bribery and other forms of corruption. Mr. Trump said the plea amounted to a “traffic ticket.” The government also charged Mr. Biden with a handgun-related crime (though it said it would not prosecute this charge); gun-purchasing crimes are also not considered real crimes.Also not a crime: What the Trump family did.There is vast evidence of actual influence-peddling and self-dealing by the Trump family and the Trump Organization during and after Mr. Trump’s presidency, which would seem to violate the emoluments clause of the Constitution and any number of federal ethics guidelines. Just last week The Times published new details of Mr. Trump’s entanglement with the government of Oman, which will bring his company millions of dollars from a Mideast power player even as he runs for re-election.Crime: Hillary Clinton’s use of a private email server while she was secretary of state.“Hillary Clinton used a hammer to destroy evidence of a private e-mail server and classified information on that server and was never indicted,” wrote Nancy Mace, a Republican congresswoman from South Carolina. In fact, a three-year State Department investigation found that instances of classified information being deliberately transmitted on Mrs. Clinton’s server were a “rare exception,” and determined that “there was no persuasive evidence of systemic, deliberate mishandling of classified information.”Not a crime: Donald Trump’s mishandling of government secrets.The Justice Department has accused Mr. Trump of willfully purloining classified documents from the White House — including top military secrets — and then lying about having them and refusing the government’s demands that they be returned. Nonetheless, former Vice President Mike Pence warned against indicting his old boss because it would be “terribly divisive,” and Mr. McCarthy said “this judgment is wrong by this D.O.J.” because it treats Mr. Trump differently than other officials in the same position. (Except no other official has ever been in the same position, refusing to return classified material that was improperly taken from the White House.)Crime: Any urban disruption that occurred during the protests after George Floyd was killed.Republicans have long claimed that the federal government turned a blind eye to widespread violence during the 2020 protests, and in 2021 five Republican senators accused the Justice Department of an “apparent unwillingness to punish these individuals.” In fact, though the protests were largely peaceful, The Associated Press found that more than 120 defendants around the country pleaded guilty or were convicted of federal crimes related to the protests, including rioting, arson and conspiracy, and that scores received significant prison terms.Not a crime: The invasion of the United States Capitol on Jan. 6, 2021.Many Republicans are brushing aside the insurrection that occurred when hundreds of people, egged on by Mr. Trump, tried to stop the certification of the 2020 electoral votes. “It was not an insurrection,” said Andrew Clyde, a Republican congressman from Georgia, who said many rioters seemed to be on a “normal tourist visit.” Paul Gosar, a Republican congressman from Arizona, described Jan. 6 defendants as “political prisoners” who were being “persecuted” by federal prosecutors. Mr. Trump said he was inclined to pardon many of the more than 600 people convicted, and Mr. DeSantis said he was open to the possibility of pardoning any Jan. 6 defendant who was the victim of a politicized or weaponized prosecution, including Mr. Trump.Crime against children: Abortion and transgender care.Performing most abortions is now a crime in 14 states, and 20 states have banned or restricted gender-affirming care for transgender minors (though some of those bans have been blocked in court).Not a crime against children: The possession of guns that kill them.The sale or possession of assault weapons, used in so many school shootings, is permitted by federal law, even though the leading cause of death for American children is now firearms-related incidents. Republicans will also not pass a federal law requiring gun owners to store their weapons safely, away from children. It is not a federal crime for unlicensed gun dealers to sell a gun without a background check, which is how millions of guns are sold each year.Any questions? Better not call CrimeStoppers.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