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    Judge in Documents Case Rejects Dismissal Motions by Trump Co-Defendants

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    Judge Aileen M. Cannon denied requests by Walt Nauta and Carlos De Oliveira to have the charges against them dropped.The federal judge overseeing former President Donald J. Trump’s classified documents case on Thursday denied initial attempts by Mr. Trump’s two co-defendants to have the charges against them dismissed.The ruling by the judge, Aileen M. Cannon, was the first time she had rejected dismissal motions by the two men, Walt Nauta and Carlos De Oliveira, both of whom work for Mr. Trump at Mar-a-Lago, his private club and residence in Florida.Prosecutors in the office of the special counsel, Jack Smith, say that Mr. Nauta, one of Mr. Trump’s closest personal aides, and Mr. De Oliveira, the property manager of Mar-a-Lago, conspired with the former president to hide from the government boxes of classified materials that Mr. Trump had removed from the White House, and then took part in a related plot to destroy security camera footage of the boxes being moved. The men have also been charged with lying to investigators working on the case.At a hearing last week in Federal District Court in Fort Pierce, Fla., lawyers for the two men tried to convince Judge Cannon that their clients had no idea that the boxes they had moved on Mr. Trump’s behalf contained classified materials. The lawyers also said they needed more details about the evidence against the men than what was contained in the 53-page superseding indictment.Mr. Nauta’s lawyer, Stanley Woodward Jr., raised an additional claim: that the obstruction statute his client was charged with violating was unconstitutionally vague.On Tuesday, the Supreme Court heard somewhat similar arguments about that law, which has been used not only against hundreds of pro-Trump rioters who stormed the Capitol on Jan. 6, 2021, but also against Mr. Trump himself in both the classified documents case and the federal case in which he stands accused of plotting to overturn the 2020 election.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge Blocks Trump’s Lawyers From Naming Witnesses in Documents Case

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

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      Trump Seeks to Delay Jan. 6 Civil Cases

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      The former president’s lawyers told the judge overseeing the proceedings it would be unfair to put on a defense now because it might reveal his strategy for the criminal case on related charges.Lawyers for former President Donald J. Trump asked a judge on Tuesday night to pause a group of civil lawsuits seeking to hold him accountable for the violence at the Capitol on Jan. 6, 2021, until after his federal criminal trial connected to the same events was over.The request by the lawyers to pause the civil cases was the latest example of Mr. Trump trying to pit his multiple legal matters against one another in an effort to delay them. In the past several weeks, the former president and his lawyers have managed to gum up each of the four criminal cases he is facing, sometimes by persuading judges that the timing of the various proceedings were in conflict with one another.In their request for a pause in the civil cases, Mr. Trump’s lawyers told Judge Amit P. Mehta, who is overseeing the proceedings, that it would be unfair to the former president to be forced to defend himself against the suits at this point. They said that in so doing, he might reveal his strategy for defending himself against related criminal charges brought against him by the special counsel Jack Smith.“Given the substantial overlap in factual and legal allegations between these cases and the D.C. criminal case,” the lawyers wrote, there is “a substantial risk that proceeding in this matter now will expose the defense’s theory to the prosecution in advance of trial.”The lawyers added, “This would prejudice President Trump’s ability to effectively defend himself in both these civil cases and the special counsel criminal matter.”In the months after Jan. 6, a half-dozen lawsuits were filed against Mr. Trump by members of Congress and police officers who served at the Capitol that day, accusing him of inciting the mob that stormed the building. The lawsuits, which all are being heard in Federal District Court in Washington, have sought unspecified financial damages from Mr. Trump.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Prosecutors in Documents Case Reject Trump’s Claims of Bias

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      The office of the special counsel, Jack Smith, pushed back on the former president’s assertions that his prosecution was motivated by animosity toward him in intelligence agencies.Federal prosecutors pushed back on Friday against former President Donald J. Trump’s contention that his prosecution over the handling of classified documents was motivated by a longstanding bias against him among the intelligence agencies and other government officials.The pushback by the office of the special counsel, Jack Smith, came in a 67-page court filing. The filing was intended to argue against Mr. Trump’s requests for additional discovery materials in the classified documents case.When Mr. Trump’s lawyers made those requests for materials last month, they signaled that they planned to place accusations that the intelligence community and other members of the so-called deep state were biased against Mr. Trump at the heart of their defense.But Mr. Smith’s team said that the former president’s requests for additional information were “based on speculative, unsupported, and false theories of political bias and animus.”Some of Mr. Trump’s demands for discovery were so ambiguous “that it is difficult to decipher what they seek,” the prosecutors wrote, while others, they added, “reflect pure conjecture detached from the facts surrounding this prosecution.”Discovery disputes can be contentious in criminal cases as defense lawyers push for as much information as they can get and prosecutors seek to limit access to materials that they believe are irrelevant.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      How Trial Delays Could Pay Off for Trump

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      Former President Donald J. Trump faces four criminal trials this year, but delays are already underway. The odds are that no more than one or two will finish before voters choose the next president. Trump’s trials are unlikely to happen as scheduled The trials, which may require a couple of months or more, are unlikely […] More

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      Swatting Is a Political Problem

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      In a year with so much political and legal tension, law enforcement is seeing a disturbing trend: targeting public officials with swatting, or false emergency calls intended to draw a heavily armed police response. This conduct isn’t a harmless prank; it’s a symptom of a deeper disorder in American politics. Recent incidents involving officials who have taken stands seen as hostile to Donald Trump and bomb threats in multiple state capitols are signs of a troubling escalation in political violence.These hoaxes pose real dangers. Sending armed police officers to someone’s home on the ruse that violence is occurring there risks tragic outcomes, including fatalities, as we saw in Kansas in 2017, when swatting led to a police officer shooting an unarmed man. In addition, swatting diverts law enforcement resources from real emergencies. But more insidiously, these tactics are tools of intimidation, designed to silence voices in the political process.The frequency and visibility of these incidents suggest that swatting and political violence require prosecutors to prioritize their efforts to stop it. Recent targets of swatting include Judge Tanya S. Chutkan, who is presiding over the federal election interference case and whom Mr. Trump has accused of election interference; the special counsel Jack Smith, whom Mr. Trump has called “deranged” and a “thug”; and Gabriel Sterling, a Republican election official in Georgia who rejected Mr. Trump’s claims of fraud in the 2020 election. Justice Arthur Engoron, who is presiding over Mr. Trump’s New York civil fraud trial, received a bomb threat at his home on the day of closing arguments. Maine’s secretary of state, Shenna Bellows, became a victim of swatting shortly after she removed Mr. Trump from the presidential ballot in her state under the insurrection clause of the 14th Amendment. She rightly sees these acts as attempts to chill efforts to enforce the law, calling the incident at her home “designed to scare not only me but also others into silence, to send a message.”Public officials are human. Threats and the specter of violence can get into their heads. The possibility that a loved one might be unnerved, injured or worse as a result of one’s official duties isn’t easily shrugged off for most of us. The husband of Michigan’s governor, Gretchen Whitmer, retired from his dental practice about eight years earlier than planned because of threats he received at his office. The risks can go beyond words. A federal judge in New Jersey suffered the loss of her 20-year-old son in 2020 when a gunman, apparently dressed as a delivery driver, came to her home looking for her and killed her son instead. We cannot forget that threats can escalate into violence. Fear of placing family members in harm’s way can make public officials shrink from making unpopular decisions and can even cause some good people to avoid serving altogether.Of course, this phenomenon isn’t entirely new. At the dawn of the American Revolution, some colonists harassed tax collectors and published the names of those who refused to boycott British goods. And we have experienced bomb threats for decades, learning to live with the disruptions caused by evacuations that result when a threat is phoned in or posted online.But the recent uptick in swatting can be attributed, at least in part, to the dangerous drumbeat of disinformation and dehumanization, a tactic long employed by authoritarians. Political extremists engage in what is known as the either-or fallacy. By framing issues as binary conflicts and demonizing opponents, they create a climate in which violence becomes normalized. Recent statements by Mr. Trump exemplify this strategy. He uses Truth Social posts to make unfounded accusations and express disdain for rivals. These posts do more than spread disinformation. They foster an environment in which violence against perceived enemies becomes not just conceivable but justified.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

    • 138 Shares189 Views

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      Judge Declines to Hold Prosecutors in Contempt in Trump Election Case

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      Judge Tanya S. Chutkan issued her order after prosecutors continued to file court papers in the former president’s election interference case even though she had put the proceeding on hold.It was one of the odder tit-for-tat battles to have emerged so far in the federal case accusing former President Donald J. Trump of plotting to subvert the 2020 election.Even though the proceeding was put on hold by Judge Tanya S. Chutkan while Mr. Trump seeks to have the charges tossed out with broad claims of immunity, prosecutors, trying to nudge it forward, have continued filing motions and turning over evidence. The former president’s lawyers have angrily accused them of violating the judge’s order and were eventually annoyed enough to ask that the prosecutors be held in contempt.After simmering for a month, the dispute was resolved on Thursday when Judge Chutkan, who is handling the case in Federal District Court in Washington, issued an order saying she would not punish anyone with a finding of contempt.Still, in what felt like an attempt to soothe the tensions between the defense and prosecution, the judge told both sides that they should not file any more “substantive” motions without first asking for permission.From the outset, the quarrel over the filings and disclosures seemed to be the sort of petulant but ultimately harmless one-upmanship that often arises in prominent criminal cases. But it was also a reflection of a much more consequential fight over the timing of the case and whether it will go to trial as scheduled in March.It all began last month when prosecutors working for the special counsel, Jack Smith, sent Mr. Trump’s legal team a draft list of exhibits and a modest batch of discovery material even though Judge Chutkan had ordered all deadlines in the case put on hold only days before.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

    • 138 Shares169 Views

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      Trump Signals Plans to Go After Intelligence Community in Document Case

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      Court papers filed by his lawyers, formally a request for discovery evidence, sounded at times more like political talking points.Lawyers for former President Donald J. Trump said in court papers filed on Tuesday night that they intended to place accusations that the intelligence community was biased against Mr. Trump at the heart of their defense against charges accusing him of illegally holding onto dozens of highly sensitive classified documents after he left office.The lawyers also indicated that they were planning to defend Mr. Trump by seeking to prove that the investigation of the case was “politically motivated and biased.”The court papers, filed in Federal District Court in Fort Pierce, Fla., gave the clearest picture yet of the scorched earth legal strategy that Mr. Trump is apparently planning to use in fighting the classified documents indictment handed up over the summer.While the 68-page filing was formally a request by Mr. Trump’s lawyers to the office of the special counsel, Jack Smith, to provide them with reams of additional information that they believe can help them fight the charges, it often read more like a list of political talking points than a brief of legal arguments.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Court Papers Offer Glimpse of Trump’s Defense in Classified Documents Case

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      The former president’s lawyers may question whether the documents he took from the White House were related to national defense and whether the country’s security was damaged.Lawyers for former President Donald J. Trump on Friday told the federal judge overseeing his prosecution on charges of mishandling classified documents that they intended to ask the government for new information, including assessments of any damage to national security.The lawyers also told the judge, Aileen M. Cannon, that they planned to ask prosecutors working for the special counsel, Jack Smith, for additional information about how the documents at issue were related to national defense — a requirement of the Espionage Act, one of the statutes that Mr. Trump has been accused of violating. In addition, they said they wanted “tracking information” concerning the classified records.Mr. Trump’s legal team is poised to make the requests on Tuesday, when it files motions asking for additional discovery evidence. This is a standard part of the pretrial process in which the defense seeks to get as much information about the case out of the government as it can. Discovery motions often indicate how lawyers intend to attack charges before a trial begins or how they plan to defend against them once the case goes in front of a jury.The papers filed on Friday suggest Mr. Trump may be planning to attack the multiple Espionage Act counts he is facing by, among other things, questioning whether the documents he took from the White House were actually related to national defense. They also suggest he may seek to downplay how damaging their removal from the White House was to the country’s security.The papers themselves were not discovery motions, but rather a more simple request to use more pages than normal when the motions are due next week. But they did mention the broad categories of information that Mr. Trump’s legal team will seek.Mr. Smith’s team filed its own set of court papers on Friday, telling Judge Cannon that they intended to call several F.B.I. agents to testify at trial concerning data extracted from cellphones and other devices seized from Mr. Trump’s two co-defendants in the case. They are Walt Nauta, a personal aide who served the former president at Mar-a-Lago, his private club and residence in Florida, and Carlos De Oliveira, Mar-a-Lago’s property manager.Some of the data, the papers said, will be used to track for the jury the movements of Mr. Nauta and Mr. De Oliveira during key moments of the investigation. Both men have been charged along with Mr. Trump in a conspiracy to obstruct the government’s repeated attempts to retrieve the classified materials.Mr. Smith also told Judge Cannon about some expert witnesses who will testify about classified material, but that section of the filing was submitted under seal.Until the two sets of papers were filed on Friday, the classified documents case has been relatively quiet in recent weeks and attention has been focused on the other case Mr. Smith has brought against Mr. Trump — one accusing him of plotting to overturn the 2020 election. Last week, Mr. Trump asked a federal appeals court in Washington to toss out the election interference charges, arguing that he was immune to them because they arose from actions he took while in office.The documents case has largely been bogged down in arguments involving a host of classified materials discovered or generated during the investigation that Mr. Smith’s prosecutors believe Mr. Trump should not have access to as part of the discovery process. Mr. Trump’s lawyers responded with a highly unusual request to see a motion that prosecutors filed under seal to Judge Cannon explaining their reasons for keeping that material from Mr. Trump.The case is headed toward an inflection point on March 1, when Judge Cannon has scheduled a hearing in Federal District Court in Fort Pierce, Fla., to discuss when the trial will begin. It is currently set to start on May 20, but late last year Judge Cannon expressed concern that the proceeding might “collide” with the election interference trial, which is set to begin in early March in Washington but could well be delayed.Finding time for all four of Mr. Trump’s criminal trials — there are two more, in New York City and Atlanta — has been a logistical headache. The proceedings need to be scheduled not only in relation to each other, but also against the backdrop of an increasingly busy presidential campaign in which Mr. Trump is the current front-runner to become the Republican nominee.Mr. Trump has consistently sought to delay the trials, hoping he can postpone them until after the election is decided. If he can pull that off and win the race, he could seek to have the federal charges against him dropped and could try to complicate the efforts of local prosecutors to bring him to trial while he is in office. More