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    Prosecutors Ask if Trump Will Blame His Lawyers as Defense in Election Case

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    The special counsel asked a judge to require the former president to disclose whether he would blame poor legal advice for his attempts to overturn his 2020 election loss.Federal prosecutors asked a judge on Tuesday to force former President Donald J. Trump to tell them months before he goes to trial on charges of seeking to overturn the 2020 election whether he intends to defend himself by blaming the stable of lawyers around him at the time for giving him poor legal advice.In a motion filed to the judge, Tanya S. Chutkan, the prosecutors sought an order that would compel Mr. Trump to tell them by Dec. 18 if he plans to pursue the blame-the-lawyers strategy — known as an advice of counsel defense — at his federal election interference trial, which is now set to begin in March in Federal District Court in Washington.Both Mr. Trump and his current team of lawyers have “repeatedly and publicly announced” that they were going to use such arguments as “a central component of his defense,” prosecutors told Judge Chutkan in their filing. They said they wanted a formal order forcing Mr. Trump to tell them his plans by mid-December “to prevent disruption of the pretrial schedule and delay of the trial.”The early notification could also give prosecutors a tactical edge in the case. Defendants who pursue advice of counsel arguments waive the shield of attorney-client privilege that would normally protect their dealings with their lawyers. And, as prosecutors reminded Judge Chutkan, if Mr. Trump heads in this direction, he would have to give them not only all of the “communications or evidence” concerning the lawyers he plans to use as part of his defense, but also any “otherwise-privileged communications” that might be used to undermine his claims.Lawyers have been at the heart of the election interference case almost from the moment prosecutors first began issuing grand jury subpoenas to witnesses in the spring of 2022. Many of the subpoenas sought information about lawyers like John Eastman and Kenneth Chesebro, who entered Mr. Trump’s orbit around the time of the election and were instrumental in advising him about a scheme to create false slates of electors that declared him the winner of key swing states that had actually been won by his opponent, Joseph R. Biden Jr.The subpoenas also sought information about other lawyers, like Jenna Ellis and Rudolph W. Giuliani, who had not only advised Mr. Trump on the false elector plan, but had helped him advance claims that the election had been marred by widespread fraud.Moreover, lawyers from both Mr. Trump’s administration and his presidential campaign proved to be key witnesses in the investigation that began under the Justice Department and then was handed off to prosecutors working for the special counsel, Jack Smith.And when charges were finally filed against Mr. Trump, accusing him of three overlapping conspiracies to remain in power despite the will of the voters, the indictment identified six unnamed co-conspirators — most, if not all, of whom were lawyers as well.In their motion to Judge Chutkan, prosecutors noted that at least 25 witnesses in their sprawling investigation had withheld information based on assertions of attorney-client privilege. Those people, the prosecutors said, included Mr. Trump’s co-conspirators, some of his former campaign employees, some “outside attorneys” and “even a family member of the defendant,” who was not further identified.While prosecutors acknowledged that they were not entirely sure if Mr. Trump intended to raise an advice of counsel defense — or whether he was even legally entitled to do so — they did take note of the public statements that he and his current legal team have made suggesting that such arguments might be used at trial.The prosecutors pointed out that three days after Mr. Trump was arraigned in the case, one of his lawyers, John F. Lauro, made the rounds of the Sunday TV news shows, describing how Mr. Trump had been charged for “following legal advice” from Mr. Eastman, whom he described as “an esteemed scholar.”Weeks later, in an online interview with the former Fox News host Tucker Carlson, prosecutors said, Mr. Trump himself made similar claims. In their filing, they wrote that Mr. Trump claimed he had “some lawyers” who had advised him “that a particular course of action described in the indictment was appropriate.”In a separate filing on Tuesday, prosecutors sought to get a jump on what is certain to be the difficult process of picking a jury for the trial.Citing Mr. Trump’s “continued use of social media as a weapon of intimidation” — an issue that has come up in the government’s request for a gag order to be placed on the former president — the prosecutors asked Judge Chutkan to impose restrictions on information about potential jurors and those who are ultimately picked to serve.The prosecutors asked that no one involved in the case be allowed to publicly disclose information about the jurors gleaned during the selection process, in order to protect them “from intimidation and fear.”They also asked Judge Chutkan to consider arranging “for jurors to gain discreet entry into and out of the courthouse” once the trial begins. 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      Trump Seeks Dismissal of Federal Election Case, Claiming Immunity

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      Donald Trump’s lawyers asked a judge to throw out charges that he conspired to overturn the 2020 election, arguing that a president could not be criminally prosecuted for official acts.Lawyers for former President Donald J. Trump asked a judge on Thursday to throw out a federal indictment accusing him of conspiring to overturn the 2020 election and claimed that because the charges relate to actions he took as president, he should be “absolutely immune from prosecution.”The request to dismiss the election interference indictment, which came in a 52-page briefing filed in Federal District Court in Washington, was breathtaking in its scope. It argued that Mr. Trump could not be held accountable in court for any actions he took as president, even after a grand jury had returned criminal charges against him.While the Justice Department has long maintained a policy that sitting presidents cannot be indicted, Mr. Trump’s bid to claim total immunity from prosecution was a remarkable attempt to extend the protections afforded to the presidency in his favor.His motion to dismiss was certain to result in a pitched legal battle with prosecutors in the office of the special counsel, Jack Smith, if only because the idea that a president cannot be prosecuted for actions undertaken in his official capacity as commander in chief has never before been tested.The motion, which will be considered by Judge Tanya S. Chutkan, was also the first — but likely not the last — attempt by Mr. Trump’s lawyers to attack the charges in the election interference case directly.Until now, the lawyers have largely waged a series of unsuccessful procedural battles, seeking, and failing, to push back the trial until 2026 and to disqualify Judge Chutkan.In his filing, John F. Lauro, a lawyer for Mr. Trump, immediately sought to reframe the core of Mr. Smith’s case. He argued that the former president’s repeated lies that widespread fraud had marred the vote count and other steps he took to subvert the normal course of the democratic process were, in fact, “efforts to ensure election integrity.”Those efforts, Mr. Lauro argued, were “at the heart of” Mr. Trump’s “official responsibilities as president” and so should not be subject to criminal charges.“Here, 234 years of unbroken historical practice — from 1789 until 2023 — provide compelling evidence that the power to indict a former president for his official acts does not exist,” Mr. Lauro wrote. “No prosecutor, whether state, local or federal, has this authority; and none has sought to exercise it until now.”Over and over in his motion, Mr. Lauro sought to flip the story told by the indictment and portray the various steps that Mr. Trump took to subvert the election as official acts designed to protect its integrity.John F. Lauro, a lawyer for Mr. Trump, argued that the charges in a federal indictment were related to Mr. Trump’s actions while president, which should be “absolutely immune from prosecution.”Jim Lo Scalzo/EPA, via ShutterstockThe indictment detailed, for example, how Mr. Trump tried to enlist the Justice Department in validating his claims of fraud. It set out evidence of his pressuring state lawmakers to draft false slates of electors saying he had won states he actually lost. And it documented how he waged a campaign to persuade his own vice president, Mike Pence, to unilaterally declare him the victor in the race during a certification at the Capitol on Jan. 6, 2021.But all of these actions, Mr. Lauro wrote, fell within the scope of Mr. Trump’s “official duties” as president and so were “immune from criminal prosecution.”Only a handful of precedents exist that could help guide Judge Chutkan in making a decision about such broad claims of immunity, and none are perfectly on point.In 1982, the Supreme Court ruled by a 5-to-4 margin that former President Richard M. Nixon was absolutely immune from a civil suit arising from his official actions. But while Mr. Lauro cited that case, Nixon v. Fitzgerald, extensively in his filing, the reasoning in its majority opinion did not address whether presidential actions could be prosecuted as crimes.Before he was appointed as Mr. Trump’s final attorney general, William P. Barr wrote an apparently unsolicited memo claiming that presidents could not be charged with crimes for abusing their official powers.The memo was ultimately given to the lawyers defending Mr. Trump in the investigation into Russian election interference led by the special counsel, Robert S. Mueller III. In it, Mr. Barr concluded that Mr. Mueller should not be permitted to investigate Mr. Trump for obstruction of justice.This summer, the Justice Department announced it would no longer argue that Mr. Trump’s derogatory statements about the writer E. Jean Carroll were made as part of his official duties as president. A few months earlier, Ms. Carroll had won $5 million in damages in a trial accusing Mr. Trump of sexual abuse and defamation over comments he made after he left the White House. She is now trying to push forward a separate lawsuit over comments that he made while president.Last month, a judge in Atlanta rejected an attempt by Mark Meadows, Mr. Trump’s former White House chief of staff, to move a case accusing him and others, including Mr. Trump, of tampering with the election in Georgia from state court to federal court.Mr. Meadows had also sought to claim immunity against the charges. But the judge overseeing the case ruled that the steps he took in helping Mr. Trump overturn the election were not part of his official White House duties, but were instead political efforts to help Mr. Trump get re-elected.Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School, said the key question facing Judge Chutkan would be whether to accept Mr. Trump’s attempt to reframe the accusations as presidential acts that were beyond the scope of prosecution.It was a shrewd legal gambit, Mr. Rozenshtein said, because it played off a legitimate presidential duty under the Constitution: to faithfully execute federal law.“He will lose,” Mr. Rozenshtein said. “But he is making the correct conceptual argument.” More

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      Can Trump Appeal His Federal Election Trial Date? What to Know.

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      The ex-president vowed to appeal a judge’s decision to schedule the start on his trial the day before Super Tuesday. He can’t disrupt the trial that way, legal experts say — but there is a longer-shot possibility.Former President Donald J. Trump immediately vowed to challenge the March 4 start date for his criminal trial over his efforts to overturn the 2020 election, raising questions of whether or how he could try to push back the timing of the case.“I will APPEAL!” Mr. Trump wrote on social media shortly after Judge Tanya S. Chutkan issued her order on Monday.But despite complaining about the date, a lawyer for Mr. Trump, John Lauro, said in court that the defense team would abide by her decision “as we must.” Mr. Lauro had proposed the trial begin in April 2026, citing the volume of evidence defense lawyers needed to study, while prosecutors had suggested starting in January.Here is a closer look.Why is March 4 awkward?The date comes in the middle of an already crammed calendar for Mr. Trump, who faces an array of criminal cases and civil lawsuits as he seeks the 2024 Republican presidential nomination.In particular, as Mr. Trump noted, the day after the trial would begin is Super Tuesday, when voters in over a dozen states will cast their primary votes. That voting will take place amid the likelihood of negative headlines pegged to the start of the trial, and his ability to travel and hold rallies campaigning for primaries in subsequent weeks is likely to be limited.Defendants are generally required to be present at their trials. After preliminary matters like jury selection, prosecutors have estimated they will need about four to six weeks to present their case, after which defense lawyers will also have an opportunity to call additional witnesses.Are trial calendars even subject to appeal?Typically, no, but there are complexities.First, Mr. Lauro could file a motion asking Judge Chutkan to reconsider the timing and fleshing out his argument that March 4 does not give the defense enough time to adequately prepare.But if she declines to change it, decisions by a Federal District Court judge over a prospective trial calendar are not usually considered subject to an immediate appeal. Instead, if a claimed problem can be remedied by later overturning any guilty verdict, an appeal raising that issue must wait until after the trial.Indeed, if the former president is convicted, Mr. Lauro appears to be laying the groundwork for Mr. Trump to argue in an appeal after the trial that the start date violated his constitutional right to have meaningful legal representation. Mr. Lauro told the judge on Monday that the defense team would not be able to provide adequate representation to Mr. Trump if it had to be prepared by March 4. Such a trial date would deny his client the opportunity to have effective assistance of counsel, he added.But Mr. Trump has another way to ask a higher court to review the calendar before the trial starts. It is called a petition for a writ of mandamus, and while it is not technically considered to be an appeal, legal experts say, it looks very similar.What is a writ of mandamus?It is a judicial order to a lower-court judge mandating some action. It functions as a safety release valve, allowing what are essentially early appeals. It is reserved for extraordinary situations where a judge has made a mistake that will cause a defendant irreparable harm, so the normal process of waiting until after any guilty verdict to raise the issue on appeal could not provide a remedy.Thus, while Mr. Trump would normally have to wait until after the trial to ask a higher court to review Judge Chutkan’s calendar decision, his defense team could, in theory, try to short-circuit that process by filing a mandamus petition to the Court of Appeals for the District of Columbia Circuit — or even directly to the Supreme Court.Is it easy to win such an order?No. In general, a mandamus petition is very likely to be denied, legal experts say. Higher courts, reluctant to disrupt the ordinary judicial process, have set a steep bar before they agree to intervene this way.In a 1999 ruling, for example, the D.C. Circuit said it would not even consider a mandamus petition based on an argument that the trial judge had made a clearly wrong decision since the problem could be addressed later through an ordinary appeal.“As we have seen, any error — even a clear one — could be corrected on appeal without irreparable harm,” the judges wrote.In a 2004 ruling, the Supreme Court said the right to relief must be “clear and indisputable” and there must be no other adequate means to obtain it. And even then, it said, a higher court still has discretion to decline issuing such an order if it nevertheless believes that intervening would not be “appropriate under the circumstances.”Does Trump have grounds for a mandamus petition?By itself, the objection raised by Mr. Lauro — that March 4 will not give Mr. Trump’s lawyers adequate time to prepare — would almost certainly fall short as a reason for a higher court to intervene early, according to Paul F. Rothstein, a Georgetown University law professor and specialist in criminal procedure.But Professor Rothstein said it was harder to predict what would happen if Mr. Trump’s team also raised an objection the former president has made in his public comments: that the trial date interferes with the election. There is a stronger argument for a claim of irreparable harm since various primaries will be over by the time of a verdict.Still, there is scant precedent to guide a higher court’s decision about whether a trial date’s effect on an election is sufficient to consider intervening early. And even if so, he said, it is also uncertain where the higher court might land on whether the public interest is better served by delaying a trial or by letting it go forward so voters can know about a major candidate’s criminality as soon as possible.“Like so many things with these unprecedented questions that the Trump cases present, the law does not have a definite answer,” Prof. Rothstein said. 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      Trump Trial Set for March 4 in Federal Election Case

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      Judge Tanya S. Chutkan rejected efforts by the former president’s legal team to postpone the trial until 2026.A federal judge on Monday set a trial date of March 4 in the prosecution of former President Donald J. Trump on charges of conspiring to overturn the 2020 election, rebuffing Mr. Trump’s proposal to push it off until 2026.The decision by Judge Tanya S. Chutkan to start the trial in March amounted to an early victory for prosecutors, who had asked for Jan. 2. But it potentially brought the proceeding into conflict with the three other trials that Mr. Trump is facing, underscoring the extraordinary complexities of his legal situation and the intersection of the prosecutions with his campaign to return to the White House.The district attorney in Fulton County, Ga., has proposed taking Mr. Trump to trial on charges of tampering with the election in that state on March 4 as well. Another case, in Manhattan, in which Mr. Trump has been accused of more than 30 felonies connected to hush-money payments to a porn actress in the run-up to the 2016 election, has been scheduled to go to trial on March 25.And if the trial in Washington lasts more than 11 weeks, it could bump up against Mr. Trump’s other federal trial, on charges of illegally retaining classified documents after he left office and obstructing the government’s efforts to retrieve them. That trial is scheduled to begin in Florida in late May.The March 4 date set by Judge Chutkan for the federal election case at a hearing in Federal District Court in Washington is the day before Super Tuesday, when 15 states are scheduled to hold Republican primaries or caucuses.Judge Chutkan said that while she understood Mr. Trump had both other trial dates scheduled next year and, at the same time, was running for the country’s highest office, she was not going to let the intersection of his legal troubles and his political campaign get in the way of setting a date.“Mr. Trump, like any defendant, will have to make the trial date work regardless of his schedule,” Judge Chutkan said, adding that “there is a societal interest to a speedy trial.”Mr. Trump has now been indicted by grand juries four times in four places — Washington, New York, Atlanta and Florida — and prosecutors have been jockeying for position. All of them are trying to find time for their trials not only in relation to one another, but also against the backdrop of Mr. Trump’s crowded calendar as the candidate leading the field for the Republican Party’s 2024 presidential nomination.While Judge Chutkan noted that she had spoken to the judge in the Manhattan case, it remained unclear how the judges, prosecutors and defense teams would address the problem of scheduling four criminal trials next year as Mr. Trump is campaigning.Hammering home the complexities, Judge Chutkan’s decision came the same day that Mark Meadows, Mr. Trump’s former chief of staff and a co-defendant in the Georgia indictment, testified in his bid to move his case to federal court, a step that could slow down at least some of the proceedings there.Before a federal judge in Atlanta, Mr. Meadows argued that his actions in the indictment fell within the scope of his duties as chief of staff, even while saying often that he could not recall details of events in late 2020 and early 2021. He is one of several defendants trying to move the case; any ruling on the issue could apply to all 19 defendants.After Judge Chutkan’s decision in Washington, Mr. Trump said in a social media post that he would appeal, though it was not clear what grounds he would be able to cite, given that scheduling decisions are not generally subject to challenges to higher courts before a conviction is returned.The former president has made no secret in conversations with his aides that he would like to solve his uniquely complicated legal woes by winning the election. If either of his two federal trials is delayed until after the race and Mr. Trump prevails, he could seek to pardon himself after taking office or have his attorney general dismiss the matters altogether.In remarks from the bench, Judge Chutkan, who was appointed by President Barack Obama, dismissed arguments made by Mr. Trump’s lawyers that they needed until April 2026 to prepare for the trial given the voluminous amount of discovery they will have to sort through. That extended period, the judge said, was “far beyond what is necessary” to prepare even for a trial of this magnitude.As part of the hearing on Monday, John F. Lauro, a lawyer for Mr. Trump, previewed some of his defense case, identifying several motions that he and his colleague, Todd Blanche, planned to file on Mr. Trump’s behalf.Mr. Lauro said he could file a motion as soon as next week arguing that Mr. Trump was immune to the charges, given that the indictment against him covers a period when he served as the nation’s commander in chief.Mr. Lauro also said he was considering attacking the charges with a so-called selective prosecution motion. That motion, he said, would argue that Mr. Trump’s election interference indictment — brought by a special counsel appointed by the Biden administration — had been filed at least in part as retaliation for the federal investigation of Hunter Biden, President Biden’s son, which began in earnest during the Trump administration.Moreover, Mr. Lauro told Judge Chutkan that he was planning to challenge each of the three conspiracy counts in the indictment brought against Mr. Trump early this month by the office of the special counsel, Jack Smith. Those counts accuse Mr. Trump of plotting to defraud the United States, to disrupt the certification of the election at a joint session of Congress on Jan. 6, 2021, and to deprive people of the right to have their vote counted.“In our view, this is a political prosecution,” Mr. Lauro said.Still, the issues surrounding the schedule of the trial took center stage at the 90-minute hearing, which Mr. Smith attended.Prosecutors working for Mr. Smith have said in court papers that the government could take four to six weeks to present its case to the judge, with Mr. Trump’s lawyers estimating a roughly similar amount of time.That timetable would push the trial well past the March 25 date that Justice Juan M. Merchan has set for the Manhattan trial and could edge close to or even beyond the May 20 date set for Mr. Trump’s federal trial in Florida.Alvin L. Bragg, the Manhattan district attorney, signaled recently that he would be open to seeing the trial date for the Manhattan case moved, provided Justice Merchan agreed.Lucian Chalfen, a spokesman for the New York court system, said in a statement: “Justice Merchan and Judge Chutkan spoke last Thursday regarding their respective upcoming trials. At this time, there is nothing further to impart regarding the People of the State of New York v. Donald J. Trump.”A spokeswoman for Mr. Bragg declined to comment, as did a spokesman for Fani T. Willis, the district attorney in Fulton County, Ga.In the federal election case, Mr. Trump’s lawyers began complaining two weeks ago about the amount of evidence they would have to wade through as part of the discovery process when they first made their request to postpone the trial until April 2026 in court papers submitted to Judge Chutkan.Mr. Lauro echoed that position in court on Monday. He took a sometimes aggressive tone in declaring that his client deserved a fair trial “no different than any American.”“For a federal prosecutor to suggest that we could go to trial in four months is not only absurd, it’s a violation of the oath of justice,” Mr. Lauro said, adding, “We cannot do this in the time frame the government has outlined.”In their own court papers, prosecutors had pushed back against Mr. Lauro’s protests about burdensome discovery, noting that much of the material was publicly available or known to Mr. Trump, having come from his 2020 presidential campaign or from political action committees associated with it.Molly Gaston, one of the prosecutors in the case, added a few new details to the portrait of the discovery evidence on Monday, noting that even though the total number of pages had reached about 12.8 million, the defense could go through it electronically with keyword searches.Ms. Gaston also said the government had created a file of about 300 key documents that served to annotate the 45-page indictment prosecutors filed against Mr. Trump early this month.“It is essentially a road map to our case,” she said.One of Ms. Gaston’s colleagues, Thomas P. Windom, told Judge Chutkan that the discovery evidence would include “a limited amount” of classified information, including about five to 10 sensitive documents, totaling fewer than 100 pages, and a 125-page transcript of an interview with a witness during which classified issues were discussed.Mr. Windom asserted, however, that prosecutors did not expect to introduce any of the classified material during the trial.In seeking to persuade Judge Chuktan to move quickly to trial, Ms. Gaston reminded her that Mr. Trump had repeatedly attacked the “integrity of the court and the citizens of D.C.” on social media in ways that could affect the case’s jury pool.At a hearing last month, Judge Chutkan warned Mr. Trump that she would not tolerate him using social media posts to intimidate witnesses or taint potential jurors. Within days of that admonition, Mr. Trump tested Judge Chutkan’s resolve by making more dubious posts.During the hearing on Monday, Judge Chutkan sought to calm Mr. Trump’s lawyer, Mr. Lauro, cautioning him twice to turn down the “temperature” when he was speaking.At one point, she appeared upset by the way that Mr. Lauro in his filings about the trial schedule had cited Powell v. Alabama, a landmark 1932 Supreme Court decision that reversed the convictions of the Scottsboro Boys, nine young Black men who were falsely accused of raping a white woman.Judge Chutkan pointed out that Mr. Trump would face trial in seven months after he was indicted, compared with only one week in the Alabama case.The two cases, she added, were “profoundly different” at their core.Jonah E. Bromwich More

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      All of Trump’s Lawyers and How Much They’re Paid in Legal Fees

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      Donald Trump’s PACs have spent millions of dollars on a small army of lawyers to defend him in four separate federal and state criminal cases.Former President Donald J. Trump has become entangled in a web of federal and state prosecution, and now faces 91 criminal charges in four separate state and federal cases.Political action committees supporting him have spent more than $27 million on legal costs in the first six months of 2023, and he has recruited a small army of lawyers to defend him. Here are a dozen of the prominent figures and their bills paid by Mr. Trump’s Save America PAC.Lawyers Involved in Multiple CasesTodd Blanche, 49, founder of Blanche Law in New York CityFees: $353,000 paid to his firm from April to June 2023Todd Blanche was hired as one of former President Donald Trump’s many lawyers in April.Doug Mills/The New York TimesTodd Blanche, a former federal prosecutor with wide experience in white-collar cases, has a reputation as an aggressive but measured advocate. He represented Paul J. Manafort, Mr. Trump’s former 2016 campaign chairman, in a Manhattan case involving charges of mortgage fraud and other state felonies, as well as Igor Fruman, a Soviet-born former associate of Rudolph W. Giuliani who pleaded guilty to soliciting foreign campaign contributions in 2021.Mr. Trump hired Mr. Blanche in April. His firm has been paid $353,000 for legal work by Save America, according to federal filings. Mr. Blanche is representing Mr. Trump in the Stormy Daniels hush money case, the federal classified documents case and the federal election interference case.Boris Epshteyn, 41Fees: $195,000 paid in 2022Boris Epshteyn is thought to be one of six unnamed co-conspirators in the federal election interference case and has been enmeshed in other Trump investigations.Andrew Harnik/Associated PressBoris Epshteyn, a top adviser and longtime ally of Mr. Trump, serves as something of an in-house counsel, helping to coordinate the former president’s many lawyers. He was paid $195,000 by Mr. Trump’s PAC in 2022, though not specifically for legal consulting, and at least $30,000 by his 2024 campaign. He is thought to be one of six unnamed co-conspirators in the federal election interference case and has been enmeshed in other Trump investigations as a witness. He has been represented by Mr. Blanche, and had recommended adding Mr. Blanche to Mr. Trump’s legal team.Christopher M. Kise, 58, founder of Chris Kise & Associates in Tallahassee, Fla.Fees: $5.8 million in 2022 and the first six months of 2023Christopher M. Kise was hired to represent Mr. Trump in the federal documents case in the aftermath of the F.B.I. search at the former president’s Mar-a-Lago resort last year.Marco Bello/ReutersChristopher M. Kise is a former Florida solicitor general who has won four cases before the United States Supreme Court and who worked as a transition adviser for Gov. Ron DeSantis of Florida. He was hired to represent Mr. Trump in the federal documents case in the aftermath of the F.B.I. search at the former president’s Mar-a-Lago resort, and he was paid an upfront retainer fee of $3 million, a figure that CNN reported had was much noticed by Mr. Trump’s other lawyers, as the former president has a long history of not paying his legal fees.Mr. Trump’s PAC paid Mr. Kise’s firm an additional $2.8 million since he was hired last year, and paid nearly $2.9 million in 2022 and 2023 to Continental, a law firm at which Mr. Kise is of counsel, according to federal filings. M. Evan Corcoran, 59, partner at Silverman Thompson in BaltimoreFees: $3.4 million in 2022 and the first half of 2023M. Evan Corcoran has become a key figure in the documents case. Jose Luis Magana/Associated PressM. Evan Corcoran quickly became a central figure in the documents case after he began representing Mr. Trump. A federal appeals court ordered Mr. Corcoran to hand over documents related to his legal work, records that eventually became crucial evidence for prosecutors in the case. Mr. Corcoran accompanied Mr. Trump for his arraignment this month in the election interference case. Mr. Corcoran’s firm has been paid a total of $3.4 million by Mr. Trump’s PAC in 2022 and the first six months of 2023.Stormy Daniels Hush Money Case in New YorkJoe Tacopina, 57, founder of Tacopina Seigel & DeOreo in New York CityFees: $1.7 million in the first half of 2023Joe Tacopina was a central figure in the civil case against Mr. Trump by E. Jean Carroll.Brittainy Newman for The New York TimesOnce described as “to the defense bar what Donald Trump is to real estate,” Joe Tacopina’s custom of defending his clients vociferously and in public has helped him earn and maintain a seat of prominence on Mr. Trump’s legal team. He was a central figure in the civil case against Mr. Trump by E. Jean Carroll and aggressively questioned Ms. Carroll in an attempt to cast doubt on her allegations of sexual assault. Mr. Trump’s PAC paid Mr. Tacopina’s firm $1.7 million in the first half of 2023.Susan Necheles, 64, partner at NechelesLaw in New York CityFees: $465,000 in the first half of 2023Susan Necheles has been defending Mr. Trump and the Trump Organization in a variety of investigations since 2021.Amr Alfiky/ReutersSusan R. Necheles was counsel to Venero Mangano, the late Genovese crime family underboss known as “Benny Eggs,” and recently represented Jeremy Reichberg, a former fundraiser for Mayor Bill de Blasio of New York, in a federal bribery case. She has been defending Mr. Trump and the Trump Organization in a variety of investigations since 2021. Mr. Trump’s PAC paid her firm $465,000 in the first six months of 2023.Federal Classified Documents CaseStephen Weiss, 35, counsel at Blanche Law in New York CityStephen Weiss worked as an associate at the law firm Cadwalader, Wickersham & Taft for six years before joining Mr. Blanche in June at his firm. Mr. Weiss was present at a pretrial hearing for Mr. Trump in the documents case last month.Lindsey Halligan, 34Fees: $212,000 in 2022 and the first half of 2023Lindsey Halligan was part of an effort by Mr. Trump’s legal team to have a special master appointed to review documents.Marco Bello/Agence France-Presse — Getty ImagesLindsey Halligan was part of an aggressive effort by Mr. Trump’s legal team last year to have a special master appointed to review documents the F.B.I. had seized in the raid on Mar-a-Lago. She was also part of a team of lawyers who met with Justice Department officials in June in a final effort to stave off charges in the documents case. Mr. Trump’s PAC paid her $212,000 from June 2022 to June 2023.Federal Election Interference CaseJohn Lauro, 65, principal of Lauro & Singer in New York City and Tampa, Fla.Fees: $288,000 in 2022 and the first half of 2023John Lauro formally joined Mr. Trump’s legal team in the election interference case earlier this month, although he had earlier advised the former president on legal matters. He was paid $288,000 for his legal work in 2022 and the first six months of 2023 by Mr. Trump’s PAC. He accompanied the former president to his arraignment in the federal election interference case earlier this month.Mr. Lauro gained notoriety for representing Tim Donaghy, a former N.B.A. referee who pleaded guilty to betting on games and taking payoffs from gamblers. He also previously worked as a federal prosecutor in Brooklyn.Election Interference Case in GeorgiaDrew Findling, 63, founder of Findling Law Firm in AtlantaFees: $816,000 in 2022 and the first half of 2023Drew Findling has represented an array of famous rap stars, including Cardi B, Gucci Mane and Migos.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressDrew Findling, a prolific figure in the world of Atlanta rap known as the #BillionDollarLawyer, joined Mr. Trump’s legal team a year ago. Mr. Findling has represented an array of famous rap stars — including Cardi B, Gucci Mane and Migos — and is well regarded for his defense work, with decades of trial experience ranging from high-profile murder cases to local political corruption scandals in Georgia. Mr. Trump’s PAC paid his firm $816,000 from July 2022 to May 2023.Marissa Goldberg, 40, partner at Findling Law Firm in AtlantaMarissa Goldberg, a partner at Mr. Findling’s law firm, has worked alongside Mr. Findling and Ms. Little in an effort to quash the entire Georgia election case and to disqualify Fani T. Willis, the Fulton County district attorney leading the case.Jennifer Little, 44, founder of Jennifer Little Law in AtlantaFees: $100,000Jennifer Little began her career as a prosecutor in DeKalb County, Ga., before becoming a partner at the firm Fried Bonder White. She later started her own firm, Jennifer Little Law. Like Mr. Corcoran, Ms. Little was compelled to testify about her legal work representing Mr. Trump in the federal documents case. She was paid $100,000 by Mr. Trump’s PAC in April 2022.Kitty Bennett More

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      Trump Calls for Recusal of Judge as His Lawyer Denies Pence’s 2020 Claims

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      Former President Donald J. Trump spent the weekend on the attack on Truth Social while his lawyer, John F. Lauro, ran through a gantlet of interviews Sunday morning.Appearing on five television networks Sunday morning, a lawyer for former President Donald J. Trump argued that his actions in the effort to overturn the 2020 election fell short of crimes and were merely “aspirational.”The remarks from his lawyer, John F. Lauro, came as Mr. Trump was blanketing his social media platform, Truth Social, with posts suggesting that his legal team was going to seek the recusal of Judge Tanya S. Chutkan, the federal judge overseeing the case, and try to move his trial out of Washington.With his client facing charges carrying decades in prison after a federal grand jury indicted Mr. Trump for his role in trying to overturn the election, his third criminal case this year, Mr. Lauro appeared in interviews on CNN, ABC, Fox, NBC and CBS. He endeavored to defend Mr. Trump, including against evidence that, as president, he pressured his vice president, Mike Pence, to reject legitimate votes for Joseph R. Biden Jr. in favor of false electors pledged to Mr. Trump.“What President Trump didn’t do is direct Vice President Pence to do anything,” Mr. Lauro said on CNN’s “State of the Union.” “He asked him in an aspirational way.”Mr. Lauro used the same defense on NBC’s “Meet the Press,” when asked about Mr. Trump’s now-infamous call to Georgia’s secretary of state, Brad Raffensperger. During that call, President Trump pressured Mr. Raffensperger to “find 11,780 votes, which is one more than we have,” to win the state and suggested that Mr. Raffensperger could face criminal repercussions if he did not.“That was an aspirational ask,” Mr. Lauro said.His portrayal of Mr. Trump’s approach is at odds with two key moments in the indictment.In one, prosecutors say that on Jan. 5, 2021, Mr. Trump met alone with Mr. Pence, who refused to do what Mr. Trump wanted. When that happened, the indictment says, “the defendant grew frustrated and told the Vice President that the defendant would have to publicly criticize him.”Mr. Pence’s chief of staff, Marc Short, then alerted the head of Mr. Pence’s Secret Service detail, prosecutors said.That same day, after The Times reported that Mr. Pence had indeed told Mr. Trump that he lacked the authority to do what Mr. Trump wanted, the president issued a public statement calling the report “fake news.” According to the indictment, Mr. Trump also falsely asserted: “The Vice President and I are in total agreement that the Vice President has the power to act.”As Mr. Lauro made the rounds on all five Sunday news shows — what is known as the “full Ginsburg,” from when Monica Lewinsky’s lawyer, William Ginsburg, did the same amid allegations about her affair with President Bill Clinton — Mr. Trump waged his own campaign on Truth Social.“WOW, it’s finally happened! Liddle’ Mike Pence, a man who was about to be ousted as Governor Indiana until I came along and made him V.P., has gone to the Dark Side,” Mr. Trump wrote on Saturday. A few days earlier, he mocked Mr. Pence, now a 2024 rival, for “attracting no crowds, enthusiasm or loyalty from people who, as a member of the Trump Administration, should be loving him.”Mr. Trump went on: “I never told a newly emboldened (not based on his 2% poll numbers!) Pence to put me above the Constitution, or that Mike was ‘too honest.’”His attack came after a judge warned Mr. Trump against intimidating witnesses and after prosecutors flagged another Truth Social post by Mr. Trump as potentially threatening.On Sunday, Mr. Trump also attacked Jack Smith, the special counsel in the Jan. 6 case, and Representative Nancy Pelosi, Democrat of California, calling Mr. Smith “deranged” and Ms. Pelosi “sick” and “demented.”In one all-caps message, Mr. Trump accused Mr. Smith of waiting to bring the case until “right in the middle” of his election campaign.In the other posts, Mr. Trump attacked Ms. Pelosi, the former House speaker, who recently said that the former president had seemed like “a scared puppy” before his arraignment. “She is a sick & demented psycho who will someday live in HELL!” Mr. Trump wrote.And he channeled his grievances with the court process toward Judge Chutkan and toward the population of Washington, D.C., writing that he would never get a “fair trial.”For his part, Mr. Pence has been criticizing Mr. Trump’s actions in carefully calibrated terms. He has repeatedly used the same phrases, arguing that anyone who “puts himself over the Constitution should never be president of the United States.” He repeated similar lines on Sunday on CNN’s “State of the Union,” following Mr. Lauro’s appearance, and on CBS’s “Face the Nation.”“What I want the American people to know is that President Trump was wrong then and he’s wrong now: that I had no right to overturn the election,” Mr. Pence told the CNN anchor Dana Bash. “I had no right to reject or return votes, and that, by God’s grace, I did my duty under the Constitution of the United States, and I always will.”Maggie Haberman More

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      Trump, Arraigned on Election Charges, Pleads Not Guilty

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      The former president appeared in federal court in Washington after being indicted over his efforts to overturn his defeat in 2020. His first pretrial hearing was set for Aug. 28.Former President Donald J. Trump appeared in federal court in Washington on Thursday for the first time to face charges that he conspired to remain in office despite his 2020 election loss, pleading not guilty at a hearing conducted in the shadow of the Capitol, where his supporters, fueled by his lies, had rampaged to block the peaceful transfer of power.Mr. Trump was booked and fingerprinted before entering the courtroom and offering a soft-spoken “not guilty” to each of the four counts lodged against him on Tuesday by Jack Smith, the special counsel.He was allowed to leave court without paying any bail or agreeing to any travel restrictions. A first pretrial hearing was set for Aug. 28.Mr. Trump arrived in Washington in the remarkable position of being under indictment in three separate cases as he is running for president again. In addition to the election case, he faces federal charges of mishandling classified documents and accusations in New York related to hush money payments to a porn star.But even as he sped in and out of Federal District Court in about an hour and a half, he was leading his rivals for the 2024 Republican nomination by wide margins and remained defiant.Crowds gathered outside the federal courthouse where Mr. Trump appeared for his arraignment on Thursday.Jason Andrew for The New York Times“This is a very sad day for America,” Mr. Trump said at the airport in Washington before boarding his plane back to his golf club in New Jersey. “This is a persecution of a political opponent. This was never supposed to happen in America.”Holding his umbrella for him as he emerged from his SUV on the tarmac was Walt Nauta, his personal aide, who was charged alongside him in the classified-documents case.Thursday’s hearing was held inside a courthouse that has been the venue for hundreds of trials stemming from the Jan. 6, 2021, attack on the Capitol. His lawyers used the procedural hearing to hint at one of his central defense strategies — a request to delay a second pending federal trial for months, if not years.The arraignment took place about six weeks after he entered another not-guilty plea in a Miami courtroom after being indicted on charges of illegally retaining classified documents at his resort in Florida and obstructing the government’s efforts to reclaim them.Thursday’s arraignment had deeper historical resonance. It began a process in which federal prosecutors will seek to hold Mr. Trump to account for what they say was his refusal to adhere to core democratic principles, a trial that will be held little more than a mile and a half from the White House and at the foot of the Capitol complex where his supporters chanted two and a half years ago for his vice president to be hanged and tried to block Congress from certifying President Biden’s victory.The indictment charged that Mr. Trump lied repeatedly to promote false claims of fraud, sought to bend the Justice Department toward supporting those claims and oversaw a scheme to create false slates of electors pledged to him in states that Mr. Biden had won. And it described how he ultimately pressured his vice president, Mike Pence, to use so-called fake electors to subvert the certification of the election at a joint session of Congress on Jan. 6, 2021, that was cut short by the violence at the Capitol.Magistrate Judge Moxila A. Upadhyaya, who oversaw the roughly half-hour intake hearing on Thursday, ordered Mr. Trump not to communicate about the case with any witnesses except through lawyers or in the presence of lawyers. She set the first hearing before the trial judge, Tanya S. Chutkan, for Aug. 28 — the date chosen by Mr. Trump’s lawyers from among the three options she provided and the latest of them.Police officers near the federal courthouse.Pete Marovich for The New York TimesDelaying the proceedings as much as possible is widely expected to be part of Mr. Trump’s legal strategy, given that he could effectively call off federal cases against him if he wins the 2024 election.The jockeying began on Thursday. After Judge Upadhyaya gave prosecutors a week to propose a trial date, one of Mr. Trump’s lawyers, John F. Lauro, complained that the government had had years to investigate and that he and his colleagues were going to need time to defend their client. She directed him to bring it up with the trial judge and prosecutors to respond within five days of his filing.“Mr. Trump is entitled to a fair and just trial,” Mr. Lauro said after Justice Department prosecutors requested invocation of a provision that could result in a start date within 90 days.Mr. Trump’s defense team has signaled that it intends to employ a variety of arguments to fight the charges.They include asserting that Mr. Trump had a First Amendment right to promote his view that the 2020 election was marred by fraud, and making a case that Mr. Trump sincerely believed his claims that he had been robbed of victory, an argument intended to make it more difficult for prosecutors to establish that he intended to violate the law.The defense team has also suggested that it will argue that Mr. Trump was relying on advice from lawyers when he sought to block certification of Mr. Biden’s victory, and that it could seek to move the trial out of Washington — a Democratic stronghold — to a more politically friendly setting.The wrangling over the timetable underscored the logistical and political complexities facing Mr. Trump and his team as they juggle three criminal proceedings and a presidential campaign.To give a sense of the crowded calendar his legal team will face, some of its members are scheduled to be in Fort Pierce, Fla., for a hearing in the classified-documents case on Aug. 25, and then to turn around and be in Washington on Aug. 28. Mr. Trump does not need to be in the courtroom for the pretrial hearings.Judge Upadhyaya arrived for the hearing 14 minutes late — creating long periods of awkward silence and pen-twiddling as Mr. Trump and his team sat across from equally antsy prosecutors.While the lawyers sparred, most eyes in the courtroom were on the second face-to-face encounter between the former president and Mr. Smith, who has filed charges that could put the 77-year-old Mr. Trump in a federal prison for the rest of his life. This time, unlike in Miami, the two men were positioned in such a way that they could be visible to each other.Jack Smith, the special counsel, announced the indictment of Mr. Trump in Washington on Tuesday.Doug Mills/The New York TimesMr. Smith entered the courtroom — normally used by the district’s chief judge, James E. Boasberg — about 15 minutes before the scheduled 4 p.m. start, with his lead prosecutor in the case, Thomas P. Windom, and positioned himself in a chair behind his team, with his back against the rail dividing participants from the gallery.Mr. Trump walked in very slowly in his signature long red tie and long blue suit coat, surveying the room and mouthing a greeting to no one in particular. He glanced briefly in the direction of Mr. Smith — whom he has called “deranged” — but he did not seem to make eye contact.Mr. Trump spoke in respectful tones when questioned by Judge Upadhyaya, the magistrate judge who presided over the proceeding.Yet if he had seemed chastened and ill at ease in Florida, he was more his defiant self on Thursday.When she asked his name, he replied, “Donald J. Trump” and then added “John!”When she asked his age, he raised his voice a notch and intoned, “Seven-seven!”At the end of the proceeding, Judge Upadhyaya thanked Mr. Trump, who said, “Thank you, your honor.” On the “all rise” command, he stood up. One of his lawyers put his arm on Mr. Trump’s back and guided him away from the table and out the courtroom door.Mr. Smith, known for his implacable demeanor, remained still for most of the hearing. But after Mr. Trump’s entourage exited, he appeared to let his guard down, smiling broadly as he shook hands with F.B.I. agents who had been working on the case.But the gravity of the case weighed heavily on participants and observers alike.At least three of the district court judges who have presided over trials of the Trump supporters charged for their roles in the assault on the Capitol on Jan. 6 filed into the back row of the visitors’ gallery to observe. One was Judge Amy Berman Jackson, who had criticized what she called Mr. Trump’s “irresponsible and knowingly false claims that the election was stolen” in imposing a harsh sentence on a rioter who had bludgeoned a Capitol Police officer into unconsciousness.Outside the courthouse, security was heavy, with officers on foot and on horseback and barricades erected on the sidewalk. The crowd, made up of Mr. Trump’s critics and his supporters, clogged the area outside the courthouse, with some carrying pro-Trump signs and others shouting anti-Trump slogans, including “Lock him up!”The former president arrived in Washington by motorcade in the remarkable position of being under indictment in three separate cases.Doug Mills/The New York TimesMaggie Haberman More