Special Prosecutors (Independent Counsel)

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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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      Poised and Precise, Hur Enters Fray Over Special Counsel’s Report on Biden

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      Robert K. Hur defended himself in the unhurried, forceful cadence of a veteran prosecutor, delivering his responses in a flat, matter-of-fact tone.The former special counsel Robert K. Hur, denounced by Democrats for his unsparing description of President Biden’s memory lapses, had one of his own during his testimony on Tuesday before the House Judiciary Committee.Representative James R. Comer, a Kentucky Republican, made passing reference to Dana A. Remus, a Democratic lawyer who had served as White House counsel under Mr. Biden from January 2021 to July 2022.Mr. Hur crinkled an eyebrow and corrected him: No, he said, she occupied that post under President Obama.The misstep was an isolated moment in an otherwise poised and precise appearance by Mr. Hur, 51, who was testifying about his report on the investigation into Mr. Biden’s handling of classified documents.Mr. Hur, a Trump-era Justice Department official known among former colleagues for keeping a cool head in high-stress, high-stakes situations, incited a furor after describing the president as a “well-meaning, elderly man with a poor memory.” A transcript of his five-hour interview with Mr. Biden, released just before his appearance, raised questions about that characterization.Before his work as special counsel, Mr. Hur, a graduate of Stanford Law School who clerked for Chief Justice William H. Rehnquist, was best known for his 11-month stint as the top aide to the deputy attorney general, Rod Rosenstein, in 2017 and 2018. It was a time of extraordinary upheaval, when Mr. Rosenstein oversaw the installment of a special counsel, Robert S. Mueller III, to investigate President Donald J. Trump’s dealings with Russia. Both men lived under the constant threat of being fired by Mr. Trump, who saw the appointment as a personal betrayal.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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      With Everything on the Line, Fani Willis Delivered Raw Testimony

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      Ms. Willis, the district attorney overseeing the Georgia prosecution of Donald J. Trump, searingly refuted allegations that she had a disqualifying conflict of interest.Fani T. Willis walked unaccompanied through the front door of a Fulton County courtroom on Thursday afternoon in a bright magenta dress and announced she was ready to testify. She was interrupting her lawyer, who at that very moment was trying to convince a judge that she should not have to testify at all.“I’m going to go,” Ms. Willis said.And so she did.For roughly three hours on Thursday, Ms. Willis, the district attorney in Fulton County, Ga., engaged in the fight of her life from the witness stand to try to salvage the case of her life, the prosecution of former President Donald J. Trump. In a raw performance, Ms. Willis, 52, presented herself as a woman in full — by turns combative and serene, focused and discursive (at one point she declared her preference for Grey Goose vodka over wine). Her language toggled between casual (a thousand dollars was “a G”) and precise: On numerous occasions, she prefaced her statements with variations on the phrase, “I want to be very clear.”She upbraided Ashleigh Merchant, one of the defense lawyers questioning her, alleging that Ms. Merchant’s court filings — which accused Ms. Willis of having a disqualifying conflict of interest stemming from a romantic relationship with Nathan J. Wade, the special prosecutor on the case — were full of lies. At one point her voice approached a yell, prompting Scott McAfee, the mild-mannered judge, to call a five-minute recess in an apparent effort to cool things down.Elsewhere, Ms. Willis chided Mr. Trump’s lawyer, Steven Sadow, when he asked if she had been in contact with Mr. Wade in 2020. Noting that Mr. Wade had cancer at the time, she said, “I am not going to emasculate a Black man.” She spoke of giving Mr. Wade a trip to Belize for his 50th birthday — earlier in the day, Ms. Merchant had asked Mr. Wade about the couple visiting a tattoo parlor there. She also admitted, in a digression that the lawyers’ questions did not seem to prompt, that she thought Mr. Wade had a sexist view of the world, and said it was the reason they broke up last summer.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 Co-Defendant Suggests Georgia Prosecutors Lied About Relationship Timing

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      A lawyer for the co-defendant said she had a witness who could testify that the relationship began before Fani Willis, the Fulton County district attorney, hired Nathan Wade.A lawyer for one of former President Donald J. Trump’s co-defendants in the Georgia election case suggested on Friday that the two prosecutors leading the case had lied about when their romantic relationship started.The defense lawyer, Ashleigh Merchant, said that a witness she hoped to put on the stand could testify that the romantic relationship between Fani T. Willis, the Fulton County district attorney, and the special prosecutor managing the Trump case, Nathan J. Wade, had begun before Ms. Willis hired Mr. Wade.That would contradict Mr. Wade, who said in a recent affidavit that his relationship with Ms. Willis had not begun until 2022, after his hiring. The affidavit was attached to a court filing made by Ms. Willis.Ms. Merchant identified the witness as Terrence Bradley, a lawyer who once worked in Mr. Wade’s law firm and for a time served as Mr. Wade’s divorce lawyer. “Bradley has non-privileged, personal knowledge that the romantic relationship between Wade and Willis began prior to Willis being sworn as the district attorney for Fulton County, Georgia in 2021,” Ms. Merchant’s filing, which came late Friday afternoon, states.Ms. Merchant, on behalf of her client Michael Roman, a former Trump campaign official, is seeking to have Mr. Wade, Ms. Willis and Ms. Willis’s entire office disqualified from the Trump case. Ms. Merchant argues that the romantic relationship, as well as vacations the prosecutors took together that were paid for at least in part by Mr. Wade, amount to a conflict of interest.“It is evident that the district attorney and her personally appointed special prosecutor have enriched themselves off this case,” Ms. Merchant wrote.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      El informe del fiscal especial exculpa a Biden pero es un desastre político

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

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      Biden Classified Documents Case: Takeaways From the Special Counsel Report

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      The special counsel, Robert K. Hur, concluded that the evidence was insufficient to charge President Biden with a crime, but sharply criticized him.Attorney General Merrick B. Garland on Thursday released the report by Robert K. Hur, the special counsel Mr. Garland had assigned to investigate how classified documents ended up in an office formerly used by President Biden and in his home in Delaware. Here are some takeaways.The evidence was insufficient to bring criminal charges.Mr. Hur was bound by a Justice Department policy that holds that the Constitution implicitly makes sitting presidents temporarily immune from prosecution, so he could not have charged Mr. Biden even if he wanted to. But Mr. Hur wrote that Mr. Biden should not be charged regardless.“We conclude that no criminal charges are warranted in this matter,” he wrote. “We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.”Mr. Hur wrote that he had found evidence that Mr. Biden had willfully retained and disclosed sensitive information after he left the vice presidency in 2017. But he said the evidence fell short of what would be necessary to “establish Mr. Biden’s guilt beyond a reasonable doubt.”Hur said Biden had “significant” memory problems.Mr. Hur listed various reasons that a jury might reasonably doubt that Mr. Biden had “willfully” retained classified documents after leaving the Obama White House, including that Mr. Biden had reported the problem and invited investigators to search his home. But Mr. Hur cited another reason with potentially explosive political implications for the 81-year-old president as he seeks re-election: that he had memory problems.Mr. Hur wrote that Mr. Biden’s memory “appeared to have significant limitations.” The special counsel portrayed Mr. Biden’s recorded conversations with his ghostwriter in 2017 as “often painfully slow, with Mr. Biden struggling to remember events.” And, the report said, his recollection “was worse” in his interview with Mr. Hur in October, when Mr. Biden came off, he said, “as a sympathetic, well-meaning, elderly man with a poor memory.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Special Counsel Investigating Biden Has Sent Final Report to White House

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      Attorney General Merrick B. Garland has also received a copy while the White House reviews it for claims of executive privilege, indicating a public release is nearly at hand.The final report of Robert K. Hur, the special counsel investigating President Biden’s handling of classified documents retained from his vice presidency, has been sent to the White House and to Attorney General Merrick B. Garland, two of the final steps before its public release, officials said on Wednesday.Mr. Garland received the report on Monday, he told congressional leaders in a letter on Wednesday. He said that Mr. Hur had previously sent a copy to the White House Counsel’s Office for possible revisions based on claims of executive privilege, and that the White House was still reviewing the report.Ian Sams, a spokesman for the White House Counsel’s Office, said the review would be completed by the end of the week. He did not comment on its findings.Mr. Garland’s letter contained no indication that the department would pursue an indictment, and people around Mr. Biden have said they do not expect one.The report is expected to criticize Mr. Biden and his aides for sloppy record-keeping and storage, according to people in Mr. Biden’s orbit, speaking on the condition of anonymity to discuss the matter. But those people have long doubted that any charges will be filed, based on the lines of inquiry that prosecutors have pursued in their interviews with witnesses and on the president’s cooperation with investigators.Mr. Garland appointed Mr. Hur, a veteran prosecutor who worked in the Trump administration, about a year ago to examine “the possible unauthorized removal and retention of classified documents or other records discovered” after Mr. Biden left the Obama administration.Former President Donald J. Trump, who was charged last summer with obstructing the government’s efforts to reclaim classified materials at his resort in Florida, is likely to seize on the report to downplay his own legal woes — and to claim the Justice Department has targeted him politically while letting Mr. Biden escape punishment.But Mr. Hur’s investigation does not appear to be comparable in scope or seriousness to the one into Mr. Trump’s retention of sensitive government documents.Mr. Biden’s lawyers immediately notified the National Archives and Records Administration upon discovering a cache of classified documents in late 2022 when they were closing an office in Washington he occupied after leaving the vice presidency in 2017. They have since cooperated with the Justice Department, and gave the F.B.I. access to his house in Wilmington, Del., where investigators discovered more material.Mr. Trump, by contrast, repeatedly resisted requests from the National Archives, which is responsible for storing sensitive White House documents, and initially turned over only a portion of what he had taken when he left office in January 2021. He failed to fully respond to a subpoena to return the rest, and ultimately F.B.I. agents with a warrant searched his home and office. More

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      Special Counsel in Biden Documents Case Is Expected to Release Report Soon

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