More stories

  • in

    Mar-a-Lago search warrant was properly granted, says Trump documents judge

    The federal judge overseeing Donald Trump’s criminal case for retaining classified documents suggested she would deny his attempt to exclude the documents the FBI seized at the Mar-a-Lago club, saying at a hearing Tuesday that the warrant for the search was properly granted.The former president’s lawyers had contended the warrant was unconstitutionally vague and the FBI affidavit, used to convince the magistrate judge to find there was probable cause for a crime at the club, contained contextual omissions.But the US district judge Aileen Cannon suggested she considered the warrant was sufficiently specific about what items FBI agents could seize at Mar-a-Lago, and told Trump’s lawyers the omissions would have made no difference on whether there was probable cause.The attempt by Trump to suppress the Mar-a-Lago evidence came through a request for a Franks hearing, where a judge applies a four-part test to decide whether false or misleading statements in the affidavit meant the evidence obtained through that search needed to be suppressed.Even before Cannon, who has shown a proclivity for ruling in his favor on motions about evidence, Trump’s request was ambitious because the legal threshold to get a Franks hearing is onerous. Trump needed to make a “substantial preliminary showing” that the affidavit had parts that were recklessly false.The evidence Trump’s lawyers presented was limited to complaints that the FBI agent omitted the fact that some top FBI officials preferred a consensual search of Mar-a-Lago, the FBI tying the need for a warrant to the National Archives, and Trump did not need a security clearance as president.Cannon suggested she found those omissions unavailing. “Why would it have changed the magistrate judge’s determination of probable cause” if the omissions had actually been included, Cannon asked Emil Bove, who argued on behalf of Trump.Trump’s lawyers also complained that the warrant itself was too broad, arguing for instance that the warrant allowed FBI agents to seize any documents that fell under the Espionage Act and the Presidential Records Act, without defining the technical terms in the statutes.That meant the agents were making unilateral on-the-fly decisions about whether they could seize a particular document, Trump’s lawyers said, suggesting that the warrant should have outlined what “national defense information” meant under the Espionage Act.But Cannon appeared similarly unconvinced by that argument. “It just seems like you’re making policy arguments. It seems far afield from whether the affidavit reached the probable cause standard. I’m unclear what you think should have been included” in the warrant, Cannon told Bove.The hearing came after a morning session where Trump’s lawyers asked the judge, behind closed doors, to revoke prosecutors’ access to transcripts of voice memos made by Trump’s ex-lawyer Evan Corcoran, which constitute key evidence in the obstruction of justice part of the documents case.The Guardian first reported last week that Trump’s lawyers would ask the judge to exclude the memos, arguing they should not have been given to prosecutors on the crime-fraud exception, which allows prosecutors to see privileged communications if legal advice is used in furtherance of a crime.The sweeping request could have far-reaching consequences since the memos – with, for example, Trump asking whether they could ignore the subpoena, or a later suggestion to “pluck” out some classified documents instead of returning them to the FBI – are the strongest evidence of Trump’s obstructive intent.Even if the judge excludes only some of the passages, it could dramatically undercut the strength of the obstruction case.skip past newsletter promotionafter newsletter promotionIn the worst case for prosecutors, their evidence of Trump’s obstructive intent could be reduced to CCTV footage of boxes being moved at Mar-a-Lago by his co-defendants Walt Nauta and Carlos De Oliveira, logs of Trump’s calls with Nauta, and testimony about Nauta’s movements.The obstruction charges center on Trump’s incomplete compliance with an 11 May 2022 grand jury subpoena that demanded the return of any classified documents in his possession, months before the FBI seized 101 classified documents when it searched Mar-a-Lago.The Corcoran memos – the contents of which were first reported by the Guardian last year – have played a major role in bolstering the charge that Trump conspired with Nauta and De Oliveira to play a “shell game” in hiding boxes of classified documents so Corcoran could not ensure their return.The indictment quoted the memos as saying Trump responded: “Well, what if we, what happens if we just don’t respond at all or don’t play ball with them?” and “Wouldn’t it be better if we just told them we don’t have anything here?” and “Well, look, isn’t it better if there are no documents?”After Corcoran found 38 classified documents in the storage room, his memos recount Trump asking him, “Did you find anything? …… Is it bad? Good?”, and made a sort of plucking motion, suggesting “if there’s anything really bad in there, like, pluck it out”.Trump’s lawyers were expected to argue that the chief judge in Washington was overly broad in turning over more than 60 pages of memos, and that the instances of Trump asking whether he needed to comply with the subpoena are questions that every defendant asks to understand the full scope of their obligations.Trump’s lawyers were also expected to argue that none of the commentary – about Trump asking whether they needed to comply with the subpoena, or the plucking motion – satisfied the crime-fraud exception because it did not amount to Trump using Corcoran’s legal advice for a crime. More

  • in

    Judge in classified files case to consider reining in Trump attacks on FBI

    The federal judge overseeing Donald Trump’s prosecution for retaining classified documents is expected on Monday to consider modifying his conditions of release to include a prohibition on making statements that could endanger the safety of FBI agents involved in the case.The request to the US district judge, Aileen Cannon – the first time prosecutors have sought to limit Trump’ public remarks in this case – raises the stakes for Trump. Unlike in his other cases, where prosecutors sought gag orders, a violation of release conditions carries a risk of jail.The latest dispute over Trump’s inflammatory statements stems from his blatantly false characterization of the FBI’s use-of-deadly force policy when they executed a search warrant at the Mar-a-Lago club in August 2022 and retrieved more than 100 classified documents.The order, which limits FBI agents to use deadly force only if they face extreme danger and became public after the FBI’s operational plan for the search was unsealed, used standard language that is routinely used in hundreds of warrants executed across the country.But Trump and some allies twisted the limiting language to claim the FBI was authorized by the Biden administration to shoot him when they searched Mar-a-Lago, even though Trump was not there during the search and the language is standard US justice department policy.“Crooked Joe Biden’s DOJ, in their Illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE. NOW WE KNOW, FOR SURE, THAT JOE BIDEN IS A SERIOUS THREAT TO DEMOCRACY. HE IS MENTALLY UNFIT TO HOLD OFFICE — 25TH AMENDMENT!” Trump wrote in a social media post last month.Prosecutors in the office of the special counsel, Jack Smith, last month asked Cannon to revise Trump’s conditions of release to bar him from making any public comments “that pose a significant, imminent and foreseeable danger to law enforcement agents participating in the investigation”.By falsely suggesting that FBI agents were prepared to kill him, prosecutors argued, Trump exposed them to the risk of threats, violence and harassment. “These deceptive and inflammatory assertions irresponsibly put a target on the backs of the FBI agents involved in this case,” the motion said.To back up their point, prosecutors reminded Cannon that a man tried to shoot his way into an FBI office in Ohio just days after the Mar-a-Lago search, saying “patriots” should head to Florida to defend Trump and kill FBI agents.But prosecutors did not include an example of Trump’s remarks directly leading to a threat, a point on which Cannon previously criticised prosecutors when they sought in a separate motion to force Trump to redact the identities of people involved in the investigation to ensure their safety.skip past newsletter promotionafter newsletter promotionThe question was adopted by Trump’s lawyers in their 20-page response to prosecutors’ motion, arguing they had failed to point to a single example of an agent working on the documents case who has faced threats because of Trump’s inflammatory statements.“President Trump and the defense are similarly unaware of any hostility, harassment or risk of harm directed at any agent involved in this case based on President Trump’s statements,” the Trump lawyers wrote. More

  • in

    New York probation officers to interview Trump prior to his criminal sentencing

    Donald Trump is scheduled to be interviewed by New York probation officials Monday, a required step before his July sentencing in his criminal hush-money case, according to three people familiar with the plan.The former president will do the interview via a computer video conference from his residence at the Mar-a-Lago club in Palm Beach, Florida, the people told the Associated Press. They spoke on condition of anonymity because they weren’t authorized to disclose the plans publicly.One of Trump’s lawyers, Todd Blanche, will be present for the interview. People convicted of crimes in New York usually meet with probation officials without their lawyers, but the judge in Trump’s case, Juan Merchan, said in a letter Friday that he would allow Blanche’s presence.The usual purpose of a pre-sentencing probation interview is to prepare a report that will tell the judge more about the defendant, and potentially help determine the proper punishment for the crime.Such reports are typically prepared by a probation officer, a social worker or a psychologist working for the probation department who interviews the defendant and possibly that person’s family and friends, as well as people affected by the crime.Present reports include a defendant’s personal history, criminal record and recommendations for sentencing. It will also include information about employment and any obligations to help care for a family member. It is also a chance for a defendant to say why they think they deserve a lighter punishment.A jury convicted Trump of falsifying business records at his own company as part of a broader scheme to buy the silence of people who might have told embarrassing stories about him during the 2016 presidential campaign. One $130,000 payment went to adult film actor Stormy Daniels, who claimed to have had a sexual encounter with Trump, which he denied.Trump, the presumptive Republican presidential nominee, says he is innocent of any crime and that the criminal case was brought to hurt his chances to regain the White House.Following Trump’s historic conviction, a New York Times/Siena College post-verdict analysis of nearly 2,000 interviews with voters found that Trump’s advantage over Joe Biden narrowed from three to one point.Trump’s campaign spokesperson, Steven Cheung, said in a statement Sunday that the president’s Democratic party allies “continue to ramp up their ongoing Witch-Hunts, further abusing and misusing the power of their offices to interfere in the presidential election”.“President Trump and his legal team are already taking necessary steps to challenge and defeat the lawless Manhattan DA case,” he said.skip past newsletter promotionafter newsletter promotionMerchan has scheduled Trump’s sentencing for 11 July. He has discretion to impose a wide range of punishments, ranging from probation and community service to up to four years in prison.In his first rally earlier this week following his conviction, Trump, who is appealing his conviction, issued foreboding threats.“Those appellate courts have to step up and straighten things out, or we’re not going to have a country any longer,” Trump said at a Turning Point Action event in Phoenix, Arizona.Meanwhile, reports have emerged of New York police planning to revoke Trump’s license to carry a gun as a result of his conviction.Speaking to CNN anonymously, a New York police department official said that it will complete its investigation “that will likely lead to revocation of his license”. More

  • in

    Trump revives false claim that Biden authorized ‘deadly force’ for Mar-a-Lago search

    Donald Trump’s campaign has issued another extraordinary fundraising request to supporters by doubling down on a false claim that rival Joe Biden was prepared to hurt or kill him by authorizing the use of deadly force during an FBI search for classified documents at his Mar-a-Lago compound in August 2022.The claim has become a currency among some Trump supporters and is widely described by them as an “attempted assassination” – but rests on a misquoted section of FBI policy in a legal motion. Moreover, Trump was not even in Florida during the search.The revival of the claim came late Sunday in the form of an email to supporters headlined:“This is an Alert from Donald Trump.” “DEADLY FORCE? Biden authorized it. They brought guns to the raid on Mar-a-Lago!” it read.“I’m sick and tired of the Radical Left destroying this country and trying to destroy me,” it continued, before detailing raids, indictments and arrests Trump claims he has been subjected to for political purposes.“Here’s the bottom line: I WILL NEVER SURRENDER. AND NEITHER WILL YOU!’ It concluded with a request for donations of up to $500 and a demand to “drop all charges” against him.As laid out in the justice department’s justice manual. agents are permitted to use deadly force “when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person”. It is standard procedure in many cases and the execution of a search warrant on Mar-a-Lago was communicated ahead of time with Trump’s Secret Service detail.In a statement, the FBI described the language as “a standard policy statement limiting the use of deadly force. No one ordered additional steps to be taken and there was no departure from the norm in this matter.”Since leaving office in 2021, Trump is estimated to have spent more than $100m on lawyers and other costs related to various investigations, indictments and legal defense costs – or roughly $90,000 a day.Most of those expenses are met by donations in to political action committee and campaign funds set up to contest the results of the 2020 election. But those accounts are running low, and the former president could be facing a cash crunch.But Trump’s claims ignore the realities that fears of rising political violence during this election cycle are mostly focused on the threat from the far right.“You know they’re just itching to do the unthinkable,” read the previous Trump campaign fundraising email, signed with the former president’s name. “Joe Biden was locked & loaded ready to take me out & put my family in danger.”The government’s charges that Trump hid classified documents taken from the White House at the end of his term and then refused requests to turn them over is currently stalled by legal challenges.skip past newsletter promotionafter newsletter promotionBut the sense that the government itself is working against justice in the case of Trump is a powerful fundraising tool for his campaign.Trump’s latest assassination-warning email comes as his trial on campaign finance charges is coming to a conclusion in New York. Final prosecution and defense arguments are expected on Tuesday. Opinion polls suggest that the month-long proceedings have not so far moved the needle either way on Trump but merely served to reinforce existing opinions.But a verdict could change that – or not. Either way both presidential candidates are likely to make political hay from whichever way it goes. Trump has made the dingy corridor outside the courtroom a campaign stage, with Republican allies turning up daily to show their support.According to Politico last week, Biden plans to address the matter once a verdict is reached. But he may do so from the White House, not from the campaign trail, to show his statement isn’t political. But with political heat rising, the reactions of both men will likely be seen primarily through the political lens. More

  • in

    Alleged ‘deal’ offer from Trump to big oil could save industry $110bn, study finds

    A “deal” allegedly offered by Donald Trump to big-oil executives as he sought $1bn in campaign donations could save the industry $110bn in tax breaks if he returns to the White House, an analysis suggests.The fundraising dinner held last month at Mar-a-Lago with more than 20 executives, including from Chevron, Exxon and Occidental Petroleum, reportedly involved Trump asking for large campaign contributions and promising, if elected, to remove barriers to drilling, scrap a pause on gas exports, and reverse new rules aimed at cutting car pollution.Congressional Democrats have launched an investigation into the “ethical, campaign finance and legal issues” raised by what one Democratic senator called an “offer of a blatant quid pro quo”, while a prominent watchdog group is exploring whether the meeting warrants legal action.But the analysis shared with the Guardian shows that the biggest motivation for oil and gas companies to back Trump appears to be in the tax system, with about $110bn in tax breaks for the industry at stake should Joe Biden be re-elected in November’s election.Biden wants to eliminate the tax breaks, which include long-standing incentives to help drill for oil and gas, with a recent White House budget proposal targeting $35bn in domestic subsidies and $75bn in overseas fossil fuel income.“Big oil executivess are sweating in their seats at the thought of losing $110bn in special tax loopholes under Biden in 2025,” said Lukas Ross, a campaigner at Friends of the Earth Action, which conducted the analysis.Ross said the tax breaks are worth nearly 11,000% more than the amount Trump allegedly asked the executives for in donations. “If Trump promises to protect polluter handouts during tax negotiations, then his $1bn shakedown is a cheap insurance policy for the industry,” he said.View image in fullscreenSome of the tax breaks have been around for decades, and are a global issue, but the US oil and gas industry benefited disproportionately from tax cuts passed by Trump when he was president in 2017.Next year, regardless of who is president, a raft of individual tax cuts included in that bill will expire, prompting a round of Washington deal-making over which industries, if any, will help fund an extension.Lobbying records show that Chevron, Exxon, ConocoPhillips, Occidental, Cheniere and the American Petroleum Institute (API) have all met lawmakers this year to discuss this tax situation, likely encouraging them to ignore Biden’s plan to target the fossil fuel industry’s own carve-outs.Chevron and ConocoPhillips, the analysis shows, lobbied on a deduction for intangible drilling costs, the largest federal subsidy for US oil and gas companies, which is worth $10bn, according to federal figures.View image in fullscreenOther lobbying centered on more generalized tax breaks that the oil and gas industry has taken advantage of. ExxonMobil lobbied for a little-known bill that would restore a bonus depreciation deduction to its full value, which, according to Moody’s, would allow big oil to avoid Biden’s newly established corporate minimum tax.“Unlike previous administrations, I don’t think the federal government should give handouts to big oil,” Biden said following his inauguration in 2021. But Congress and the president will have to agree to any new tax arrangements next year, and the fossil-fuel industry continues to have staunch support from Republicans and some Democrats.The API insisted its industry gets no favorable treatment in the tax system. “America’s energy industry proudly invests in communities, pays local, state and federal taxes and receives no special tax treatment from the federal government,” an API spokesperson said.“This nonsense report is another attempt to distract from the importance of all energy sources – including oil and natural gas – to meet America’s growing energy needs.”Who was at Mar-a-Lago?The high stakes for the fossil-fuel industry, as well as for the climate crisis, have placed scrutiny upon those who attended Trump’s dinner at Mar-a-Lago. Although representatives of large oil companies were present, the majority of known attendees were executives of smaller firms focused on specific subsections of the fossil-fuel industry, such as fracking or gas exporting.Those companies are not often held to account in international forums such as the UN climate talks or the Oil and Gas Climate Initiative, which means they are less likely to make buzzy climate pledges. They may also be more threatened by regulations on individual parts of the US fossil fuel economy, such as auto-emissions standards aiming to quell gas-car usage.skip past newsletter promotionafter newsletter promotion“The oil majors … see their future in plastic [production]. That doesn’t apply to the smaller companies who don’t work across the industry,” said Kert Davies, director of special investigations at the Center for Climate Integrity. “They’ve got nothing to shift to.”Among other reported attendees were the head of the company Venture Global, which rivals Qatar as one of the world’s leading liquefied natural gas exporters. This year, the company came under fire after it was revealed to have been using millions of gallons of water to construct a Louisiana LNG terminal while a nearby community faced extreme shortages. The firm was also accused late last year of reneging on its contracts by Shell and BP.Another attendee: Nick Dell’Osso, CEO of Chesapeake Energy, which after years of court fights had to pay $5.3m to Pennsylvania landowners who say they were cheated out of gas royalties. The company’s earlier CEO, John McClendon, was indicted in 2016 on charges of conspiring to rig bids on oil and gas leases in Oklahoma.Billionaire oil tycoon Harold Hamm, who founded fossil fuel exploration company Continental Resources, was also present. He helped raise money for Trump’s 2016 presidential run and was under consideration to be Trump’s energy secretary, and was reportedly one of the seven top donors who had special seats at Trump’s inauguration. Though he eschewed the former president after his 2020 loss, he donated to his primary campaign in August.View image in fullscreenAsked about the meeting, API spokesperson Andrea Woods said the organization “meets with policymakers and candidates from across the political spectrum on topics important to our industry”. She said the premise of Democrats’ investigation into the meeting is “patently false and an attempt to distract from a needed debate about America’s future – one that requires more energy, including more oil and natural gas”.Amid the scrutiny of last month’s Mar-a-Lago dinner, Trump is continuing to court oil-tied funders. On Tuesday evening, he held a Manhattan fundraising dinner that cost a minimum of $100,000 to attend.Among the event’s hosts, advocacy group Climate Power noted, was John Catsimatidis, the chief executive of the much-scrutinized gas refiner United Refining Company and owner of two grocery chains, a radio station and holding company Red Apple Group.Between 2017 and 2023, United Refining Company’s small refinery in western Pennsylvania was the most dangerous refinery in the country, with federal data showing it reported 10 times the average number of injuries for a refinery – 63% higher than the next-most dangerous facility.The company also reportedly sought to dodge environmental regulations using a process championed by Trump’s EPA administrator Scott Pruitt.Catsimatidis has also been criticized for neglecting vacant gas-station properties and for blaming gas prices on “open” borders, corporate taxes and worker benefits. The Pennsylvania town home to United Refining pays some of the highest gas prices in the state, despite the presence of the refinery, raising suspicions among some residents about the company’s practices.Trump this week also held a fundraiser hosted by the US senator JD Vance, who is one of the largest recipients of big-oil funding in Congress, and another with Joe Craft, a major Trump donor who owns massive coal producer Alliance Resource Partners. In 2016, Craft reportedly gifted Pruitt courtside basketball tickets after the agency crafted pro-coal regulations. More

  • in

    Trump Georgia case: judge says he hopes to have decision on whether to disqualify Fani Willis in two weeks – live

    A lawyer for one of Donald Trump’s co-defendants in the Georgia election interference case has argued that not removing Fani Willis, the Fulton county district attorney, would undermine public confidence in the legal system.John Merchant, an attorney for Trump co-defendant Michael Roman, argued that just “an appearance of a conflict of interest” between Willis and special prosecutor Nathan Wade would be “sufficient” to disqualify her from the election subversion case.Merchant told Judge Scott McAfee that “if the court allows this kind of behavior to go on … the entire public confidence in the system will be shot”, AP reported.If the judge denies the bid to disqualify Willis, “there’s a good chance” an appeals court would overturn that ruling and order a new trial, Merchant argued, it writes.The Republican senator for Alaska, Lisa Murkowski, has endorsed Nikki Haley in the GOP presidential primary, marking the first endorsement from a sitting senator for Haley.“I’m proud to endorse Gov Nikki Haley,” Murkowski said in a statement.
    America needs someone with the right values, vigor, and judgment to serve as our next President – and in this race, there is no one better than her.
    The endorsement comes just days before Super Tuesday, when Alaska and several other states will cast their ballots.Murkowski was among seven Republican senators who voted to convict Donald Trump for his alleged role in the January 6 insurrection.In closing arguments in the hearing to determine whether the Fulton county district attorney, Fani Willis, should be disqualified from handling the Trump election interference case, lawyers for the district attorney’s office argued that the defendants had failed to show any actual conflict of interest.Adam Abbate, a lawyer with the district attorney’s office, accused the defendants’ attorneys of pushing “speculation and conjecture” and trying to harass and embarrass Willis with questions on the witness stand that have nothing to do with the issue at hand, AP reported.“We have absolutely no evidence that Ms Willis received any financial gain or benefit” from the relationship, Abbate told the judge.Judge Scott McAfee has said he hopes to have a resolution on the motion to disqualify the Fulton county district attorney, Fani Willis, from the case she brought against Donald Trump within the next two weeks.The hearing is now adjourned.It’s been a big day for two of Donald Trump’s most significant court cases. In the matter of the classified documents found in his possession at Mar-a-Lago, judge Aileen Cannon sounded skeptical of prosecutors’ request for a July trial, but did not set a new date. In the case alleging meddling in Georgia’s 2020 election, Trump’s attorneys argued for the removal of district attorney Fani Willis, saying failing to do so would undermine faith in the legal system. Willis is now in court as her office is expected to argue why it should remain on the case.Here’s what else is going on today:
    Joe Biden said the United States would airdrop aid into Gaza, and may also make deliveries by sea, while calling on Israel to facilitate access by land.
    Trump said Texas’s Republican governor, Greg Abbott, is a potential candidate to be his vice-president.
    Nikki Haley campaigned in Virginia ahead of its primary next week, and was interrupted by protesters calling for a ceasefire in Gaza.
    Meanwhile, in Georgia, Fani Willis is back in the courtroom where a judge is considering whether to remove her from the election meddling case she brought against Donald Trump and 18 co-defendants:Joe Biden’s vow to get humanitarian aid into Gaza by air and potentially sea comes after more than 100 people were killed amid a scramble to pick up food in the besieged territory, leading even some of Israel’s allies to demand an investigation. Here’s more on that, from the Guardian’s Harriet Sherwood, Emma Graham-Harrison and Julian Borger:Israel is facing growing international pressure for an investigation after more than 100 Palestinians in Gaza were killed when desperate crowds gathered around aid trucks and Israeli troops opened fire on Thursday.Israel said people died in a crush or were run over by aid lorries although it admitted its troops had opened fire on what it called a “mob”. But the head of a hospital in Gaza said 80% of injured people brought in had gunshot wounds.The UK called for an “urgent investigation and accountability”. In a statement, David Cameron, the foreign secretary, said: “The deaths of people in Gaza waiting for an aid convoy were horrific … this must not happen again.” Israel must allow more aid into Gaza, Lord Cameron added.France called for an independent investigation into the circumstances of the disaster, and Germany said the Israeli army must fully explain what happened. Ursula von der Leyen, the president of the European Commission, said: “Every effort must be made to investigate what happened and ensure transparency.”The Hamas-run health ministry in Gaza said 112 people were killed and more than 750 others were injured as crowds rushed towards a convoy of trucks carrying food aid.The United States will work with Jordan to drop food into Gaza by air and will consider make deliveries by sea, Joe Biden said, while noting he will “insist” Israel allow more trucks bearing aid to enter the territory by land.“In the coming days, we are going to join with our friends in Jordan and others in providing airdrops of additional food and supplies into [Gaza] and seek to continue to open up other avenues into [Gaza], including the possibility of a marine corridor to deliver large amounts of humanitarian assistance,” Biden said in the Oval Office. The president initially misspoke, saying the airdrops would be done in Ukraine rather than Gaza.“In addition to expanding deliveries by land, as I said, we’re going to insist that Israel facilitate more trucks and more routes to get more and more people the help they need. No excuses, because the truth is aid flowing to Gaza is nowhere nearly enough now – it’s nowhere nearly enough. Innocent lives are on the line and children’s lives are on the line.”In a statement released just as Joe Biden announced the US would airdrop humanitarian aid into Gaza, the independent senator Bernie Sanders called on the president to approve such action – while also insisting the onus lay on Israel to help civilians.“The United States, which has helped fund the Israeli military for years, cannot sit back and allow hundreds of thousands of innocent children to starve to death. As a result of Israeli bombing and restrictions on humanitarian aid, the people of Gaza are facing an unprecedented humanitarian disaster. Whether Netanyahu’s rightwing government likes it or not, the United States must immediately begin to airdrop food, water, and other lifesaving supplies into Gaza,” the progressive lawmaker from Vermont, who caucuses with the Democrats, wrote.Here’s more:
    But while an airdrop will buy time and save lives, there is no substitute for sustained ground deliveries of what is needed to sustain life in Gaza. Israel MUST open the borders and allow the United Nations to deliver supplies in sufficient quantities. The United States should make clear that failure to do so immediately will lead to a fundamental break in the U.S. – Israeli relationship and the immediate halt of all military aid.
    The US will begin airdropping humanitarian aid into Gaza, Joe Biden has said.Biden said the airdrops will begin in the “coming days”, an announcement that came a day after more than 100 Palestinians in Gaza were killed when desperate crowds gathered around aid trucks and Israeli troops opened fire.Donald Trump’s lawyer Steve Sadow has argued that Fani Willis should be disqualified from the election interference case because she may have lied to the court about her undisclosed affair with special prosecutor Nathan Wade.Sadow said Willis’s claim under oath that her relationship with Wade did not begin until after she hired him was not credible, Reuters reports. He told the judge:
    Once you have the appearance of impropriety … the law in Georgia is clear: That’s enough to disqualify.
    Joe Biden has signed into law a short-term stopgap spending bill to avert a partial government shutdown, the White House has said.The bill was approved by the Senate on Thursday following a House vote that narrowly averted a shutdown that was due to occur this weekend.The temporary extension funds the departments of agriculture, transportation, interior and others through 8 March. It funds the Pentagon, homeland security, health and state through 22 March.A lawyer for one of Donald Trump’s co-defendants in the Georgia election interference case has argued that not removing Fani Willis, the Fulton county district attorney, would undermine public confidence in the legal system.John Merchant, an attorney for Trump co-defendant Michael Roman, argued that just “an appearance of a conflict of interest” between Willis and special prosecutor Nathan Wade would be “sufficient” to disqualify her from the election subversion case.Merchant told Judge Scott McAfee that “if the court allows this kind of behavior to go on … the entire public confidence in the system will be shot”, AP reported.If the judge denies the bid to disqualify Willis, “there’s a good chance” an appeals court would overturn that ruling and order a new trial, Merchant argued, it writes.Judge Scott McAfee has said he might be able to make a decision on the hearing on Fulton county district attorney Fani Willis as he hears closing arguments in the case. CNN quotes him as saying:
    I think we’ve reached the point where I’d like to hear more of how the legal argument apply to what has already been presented, and it may already be possible for me to make a decision without those needing to be material to that decision.
    Closing arguments began about half an hour ago over whether Willis should be disqualified from handling the election interference against Trump because of her romantic relationship with a deputy handling the case. More

  • in

    Trump again presses for delay of classified documents trial until 2025

    Lawyers for Donald Trump have once again suggested to the federal judge overseeing his criminal case on retaining classified documents that the trial should not take place this year, even as they complied with a court order that forced them to propose a potential start date.On Thursday, the former president reluctantly proposed two trial dates, under orders from US district judge Aileen Cannon: a 12 August trial date for Trump and the Mar-a-Lago club maintenance chief Carlos De Oliveira, and a 9 September trial date for Trump’s valet Walt Nauta.But the nine-page court filing from Trump was clear in its tone and reasoning that a trial should not take place until 2025, claiming that prosecutors were seeking to rush to trial on an unprecedented schedule because they wanted an outcome before the presidential election in November.In a filing submitted at the same time on Thursday, prosecutors in the office of the special counsel Jack Smith asked Cannon to schedule the trial for 8 July for all three defendants, a date that would almost certainly ensure that a verdict get returned before the 2024 election.Trump’s request marked his latest attempt to push back the case, having taken every opportunity to ask Cannon to delay proceedings since he was indicted last year for violating the Espionage Act and obstruction of justice.In their first request to delay the trial indefinitely, Trump claimed he could not get a fair trial while he was running for office, asking the judge to also take into account the political calendar in the months before the election.That argument was repeated again in the new filing, which also claimed that Trump’s status as the presumptive GOP nominee meant prosecutors would be violating justice department rules that prohibit overt investigative steps close to an election if a trial took place this year.Whether Cannon will acquiesce to Trump’s request remains uncertain. Last year, she implicitly rejected Trump’s arguments concerning the election when she set a tentative trial date for May, finding a middle ground between the dueling schedules that Trump and prosecutors had proposed.The judge could again attempt to find a middle ground as she weighs setting a new trial date, with the pre-trial phase of the documents case running roughly four months behind schedule, according to a Guardian analysis.The documents case has been mired in delays as a result of how slowly Cannon has proceeded through the seven-step process laid out in the Classified Information Procedures Act, which governs how classified documents can be introduced at trial in Espionage Act cases.skip past newsletter promotionafter newsletter promotionTrump could have an advantage in trying to convince the judge to add further delays, after she expressed concern last year that Trump’s criminal cases in New York and Washington could “collide” with the documents case in Florida because they were scheduled to start between March and May.But Trump’s legal calendar has shifted since Cannon made those remarks in November.Trump’s first criminal case in New York, over hush-money payments made to the adult film star Stormy Daniels, will start on 25 March and is expected to last six weeks. Meanwhile, the 2020 election interference case in Washington is effectively delayed indefinitely until the US supreme court decides whether Trump has absolute immunity from prosecution.In that sense, Trump’s legal calendar is now free of conflicts from May onwards, allowing Cannon to adopt either scheduling proposal from Trump or prosecutors, or again set a tentative trial start somewhere between the two suggested dates. More

  • in

    Trump gets access to sealed documents on witness threats in Mar-a-Lago case

    Special counsel prosecutors have produced to Donald Trump a sealed exhibit about threats to a potential trial witness after the federal judge overseeing his prosecution for retaining classified documents ordered the exhibit turned over despite the prosecutors’ objections, people familiar with the matter said.The exhibit was a point of contention because it detailed a series of threats made against a witness who could testify against the former president at trial, and the matter is the subject of a criminal investigation by a US attorney’s office. Prosecutors had wanted to withhold it from Trump’s lawyers.But the presiding US district judge Aileen Cannon ordered the exhibit that prosecutors in the office of special counsel, Jack Smith, had submitted “ex parte” – or without showing it to the defense – to be transmitted to Trump’s lawyers after reviewing its contents and deciding it did not warrant that protection.The prosecutors complied with the order before a Saturday deadline without seeking a challenge – though the justice department would typically be loath to disclose details of an ongoing investigation, especially as it relates to the primary defendant in this case, legal experts said.The justice department may have decided it was not appealing the order because the exhibit itself is part of a motion from prosecutors asking the judge to reconsider two earlier rulings that would have the effect of making public the identities of dozens of other witnesses who could testify against Trump.At issue is a complicated legal battle that started in January when Trump filed a motion to compel discovery, a request asking the judge to force prosecutors to turn over reams of additional information they believe could help them fight the charges.The motion to compel was partially redacted and submitted with 70 accompanying exhibits, many of which were sealed and redacted. But Trump’s lawyers asked that those sealed filings be made public because many of the names included in the exhibits were people already known to have worked on the documents investigation.Prosecutors asked the judge to deny Trump’s request to unseal his exhibits, using broad arguments that they would reveal the identity of potential witnesses, two sub-compartments of what is described as “Signals” intelligence, and details about a separate probe run by the FBI.The special counsel’s team also asked to submit their own set of sealed exhibits when they filed their formal response to Trump’s motion to compel. The government’s exhibits involved memos of interviews with witnesses and likely testimony from witnesses, according to the three-page filing.Cannon in February issued two rulings: one on Trump’s request and one on prosecutors’ request.With Trump, the judge found that personal identifying information of witnesses and the information about “Signals” intelligence should remain under seal, but everything else could be public. And with prosecutors, she granted their request to file their own exhibits under seal.skip past newsletter promotionafter newsletter promotionThe twin rulings appear to have caught prosecutors by surprise. They have previously been successful in keeping materials that could reveal witness identities confidential, and they formally asked Cannon to reconsider those orders.A motion for reconsideration is significant because if Cannon denies the challenge, it could pave the way for prosecutors to seek an injunctive appeal at the US court of appeals for the 11th circuit using a writ of mandamus – essentially, an order commanding Cannon to reverse her decision.Cannon has previously drawn scrutiny from the 11th circuit. Before Trump was indicted, she upended the underlying criminal investigation by issuing a series of favorable rulings to Trump before the appeals court ruled she never had legitimate legal authority to intervene.As part of prosecutors’ motion for reconsideration, they asked to submit alongside their court filings a third set of exhibits under seal and ex parte. Cannon agreed, pending her personal review of their contents. On Friday, she ruled they should not be ex parte – and should be turned over to Trump, as well. More