Trump, Donald J

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      Read the Rejection of Trump’s Motion to Dismiss the Documents Case

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      Case 9:23-cr-80101-AMC Document 402 Entered on FLSD Docket 03/14/2024 Page 1 of 2

      V.

      UNITED STATES OF AMERICA,

      Plaintiff,

      UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION

      DONALD J. TRUMP, WALTINE NAUTA, and CARLOS DE OLIVEIRA,

      Defendants.

      CASE NO. 23-80101-CR-CANNON

      ORDER DENYING WITHOUT PREJUDICE DEFENDANT TRUMP’S MOTION TO DISMISS COUNTS 1–32 BASED ON UNCONSTITUTIONAL VAGUENESS

      THIS CAUSE comes before the Court upon Defendant Trump’s Motion to Dismiss Counts 1 through 32 Based on Unconstitutional Vagueness (the “Motion”), filed on February 22, 2024 [ECF No. 325]. The Special Counsel filed a Response in Opposition [ECF No. 377], to which Defendant Trump filed a Reply [ECF No. 398]. The Court heard argument on the Motion on March 14, 2024 [ECF No. 401]. Upon careful review of the Motion, related filings, and the arguments raised during the hearing, Defendant’s Motion is DENIED WITHOUT PREJUDICE.

      Defendant Trump seeks dismissal of Counts 1 through 32 of the Superseding Indictment on the ground that the statutory phrases “unauthorized possession,” “relating to the national defense,” and “entitled to receive” appearing in 18 U.S.C. § 793(e) are unconstitutionally vague as applied under the facts presented, in violation of due process and the rule of lenity. Although the Motion raises various arguments warranting serious consideration, the Court ultimately determines, following lengthy oral argument, that resolution of the overall question presented depends too greatly on contested instructional questions about still-fluctuating definitions of More

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      Judge Quashes Six Charges in Georgia Election Case Against Trump

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      The ruling said charges that Donald Trump and allies solicited public officials to break the law were not specific enough; it left the rest of the case intact.In a surprise move on Wednesday, a judge in Atlanta quashed six of the charges against former President Donald J. Trump and his allies in the sprawling Georgia election interference case, including one related to a call that Mr. Trump made to pressure Georgia’s secretary of state in early January 2021.The judge, Scott McAfee of Fulton Superior Court, left intact the rest of the racketeering indictment, which initially included 41 counts.The ruling was not related to a defense effort to disqualify Fani T. Willis, the district attorney of Fulton County, Ga., who is leading the case. A ruling on that matter, which has made headlines for weeks after it was revealed that Ms. Willis had engaged in a romantic relationship with another prosecutor, is expected by the end of the week.The nine-page ruling on Wednesday took aim at charges asserting that Mr. Trump and other defendants had solicited public officials to break the law. For example, one count against Mr. Trump said that he “unlawfully solicited, requested and importuned” the Georgia secretary of state, Brad Raffensperger, to violate his oath of office by decertifying the election.“These six counts contain all the essential elements of the crimes but fail to allege sufficient detail regarding the nature of their commission,” Judge McAfee wrote in his ruling. “They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways.”A spokesman for the district attorney’s office declined to comment on the ruling.Mr. Trump and his former personal lawyer, Rudolph W. Giuliani, had faced the most charges, at 13 apiece. They now each face 10 charges in the Georgia case.Anthony Michael Kreis, a law professor at Georgia State University, said that the ruling does not weaken the state racketeering charge that remains, and that is central to the case. That charge is based on “overt acts” that are detailed in the indictment, and the judge was explicit in stating that Wednesday’s order does not affect these acts.He said that the prosecution could choose to take the loss on these lesser counts, or appeal the judge’s order, or reintroduce versions of the challenged charges to a grand jury with more specifics.The judge’s order reduced the number of charges against Mr. Trump, as well as co-defendants Rudy Giuliani, John Eastman, Mark Meadows, Ray Smith III, and Robert Cheeley. More

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      Donald Trump and Joe Biden Clinch Their Party Nominations

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      President Biden and former President Donald J. Trump on Tuesday secured the delegates necessary to clinch their parties’ presidential nominations, according to The Associated Press, cementing a general election rematch in November months in the making.Both men and their campaigns have long anticipated this moment. Mr. Biden faced only token opposition in the Democratic primary, as is typical for a sitting president, while Mr. Trump had been his party’s dominant front-runner for months.Their November collision began to look even more likely after Mr. Trump scored a decisive win in Iowa in January. His victory cleared the field of all but one of his major Republican rivals and put him on a glide path to his party’s nomination. His last remaining primary challenger, Nikki Haley, suspended her campaign last week, further clearing a path that had already been remarkably free of obstacles.The Associated Press named Mr. Biden the presumptive Democratic nominee after projecting his victory in Georgia, while Mr. Trump was designated the presumptive Republican nominee after he swept the G.O.P. contests in Georgia, Mississippi and Washington State.Tuesday’s results cleared the way for a 2024 general election campaign that, at just under eight months, is set to be one of the longest in modern American history and will be the country’s first presidential rematch in nearly 70 years.Already, Mr. Trump and Mr. Biden had shifted their focus away from the primaries. With the president facing no significant challengers, Mr. Biden’s campaign speeches emphasized not just his record but the danger he believes is posed by 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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      Trump Aides, Taking Over RNC, Order Mass Layoffs

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      Days after allies took over the Republican National Committee, Donald J. Trump’s advisers are imposing mass layoffs on the party, with more than 60 officials, including senior staff members, laid off or asked to resign and then reapply for their jobs, according to two people familiar with the matter.The swift changes amount to a gutting of the party apparatus eight months before the November election, with one person familiar with the operations estimating that the R.N.C. had only about 200 people on payroll at the end of February, and about 120 at its headquarters near Capitol Hill. The heads of the communications, data and political departments were among those let go.On Friday, Michael Whatley, a close ally to Mr. Trump, and Lara Trump, the former president’s daughter-in-law, were unanimously elected as the committee’s chair and co-chair. Mr. Trump had pushed out Ronna McDaniel, the committee’s leader since 2017, and endorsed Mr. Whatley and Ms. Trump to take the reins of the national party.Chris LaCivita, one of Mr. Trump’s top campaign advisers, was tapped to serve as the chief operating officer, and he was at the party headquarters meeting with senior staff on Monday.The purge of R.N.C. staff members was first reported by Politico. It is not clear that Mr. Trump is done clearing house.One person with direct knowledge of the changes said the party’s full finance and digital teams were now planned to be moved to Palm Beach, Fla., where the Trump campaign is based. Another person described the party and Trump operations as being functionally fused into one.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 Gives CNBC a Rambling Answer on Why He Backtracked on TikTok Ban

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      Donald Trump told CNBC that banning TikTok would make young people “go crazy” and could benefit Facebook, which he called an “enemy of the people.”Former President Donald J. Trump offered a rambling and confusing explanation on Monday of why he had reversed himself on whether the United States should ban TikTok over concerns that its Chinese ownership poses a threat to national security.In a CNBC interview, Mr. Trump said that he still considered the social media app a national security threat but that banning it would make young people “go crazy.” He added that any action harming TikTok would benefit Facebook, which he called an “enemy of the people.”“Frankly, there are a lot of people on TikTok that love it,” Mr. Trump said. “There are a lot of young kids on TikTok who will go crazy without it.”“There’s a lot of good and there’s a lot of bad with TikTok,” he added, “but the thing I don’t like is that without TikTok, you can make Facebook bigger, and I consider Facebook to be an enemy of the people, along with a lot of the media.”Mr. Trump tried to ban TikTok while in office, pushing its Chinese parent company, ByteDance, to sell the platform to a new owner or face being blocked from American app stores. A House committee advanced legislation last week that would similarly force TikTok to cut ties with ByteDance.In a powerful display of bipartisanship — rare these days in Washington — the top Republican and Democratic lawmakers on the House Select Committee on the Chinese Communist Party used nearly identical language to describe the risks of TikTok.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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      Fine, Call It a Comeback

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      If the Joe Biden who showed up to deliver the State of the Union address last week is the Joe Biden who shows up for the rest of the campaign, you’re not going to have any more of those weak-kneed pundits suggesting he’s not up to running for re-election. Here’s hoping he does.But that’s not the only thing from Thursday night that I hope Biden holds onto. So far, the Biden team has been more sure-footed attacking Donald Trump’s threat to democracy than it has been defending Biden’s incumbency. That reflects a strange problem they face. By virtually any measure save food prices, Biden is presiding over a strong economy — stronger, by far, than most peer countries. As Noah Smith has noted, the Biden economy looks far better than Ronald Reagan’s “Morning in America”: Unemployment is lower, inflation is lower, interest rates are lower, stock market returns are better.But Americans feel otherwise. The most recent Times/Siena poll found that 74 percent of registered voters rated the economy either “poor” or “fair.” By a 15-point margin, voters said Trump’s policies helped them personally. By a 25-point margin, they said Biden’s policies hurt them personally.Voters seem to remember the tail end of Trump’s third year, when the economy was strong, and not the utter calamity of his fourth year, when his Covid response was chaos and the economy was frozen. In November of 2020, unemployment was 6.7 percent and Trump had just turned a White House celebration into a superspreader event. Republicans who say Americans should ask whether they’re better off than they were four years ago should be careful what they wish for.But Biden is in a tough spot. You don’t want to run for re-election telling voters they’re wrong and the economy is actually great. Nor can you run for re-election telling voters that they’re right and the economy is bad. Biden has often seemed a little unsure what to say about his own record. Thursday night, he figured it out.“I came to office determined to get us through one of the toughest periods in the nation’s history,” Biden said. “We have. It doesn’t make news, news — in a thousand cities and towns, the American people are writing the greatest comeback story never told.”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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      Why Haley Voters Should Support Biden

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      Last Wednesday, a day before he delivered a rousing State of the Union address, Joe Biden issued an invitation to the roughly 30 percent of Republican primary voters who had voted for Nikki Haley in the G.O.P. presidential primaries before she dropped out. The message was simple: Donald Trump doesn’t want you, but we do. After all, Trump said on Truth Social that anyone who made a “contribution” to Haley would be “permanently barred from the MAGA camp.” Biden, by contrast, acknowledged differences of opinion with Haley voters but argued that agreement on democracy, decency, the rule of law and support for NATO should unite Haley voters against Trump.Is Biden correct? Is there an argument that could persuade a meaningful number of Haley conservatives to vote for Biden? In ordinary times the answer would be no. It still may be no. Negative polarization is the dominant fact of American political life. Asking a person to change political teams is like asking him or her to disrupt friendships and family relationships, to move from the beloved “us” to the hated “them.” They’re going to do it only as a last resort, when they truly understand and feel the same way about the Republican Party that Ronald Reagan felt when he departed the Democratic Party: He didn’t leave the party. The party left him.Now, however, it’s the G.O.P. that is sprinting away from Reagan — and from Haley Republicans — as fast as MAGA can carry it. The right is not just mad at Republican dissenters for defying Trump; it has such profound policy disagreements with Reagan and Haley Republicans that it’s hard to imagine the two factions coexisting for much longer. Given the power imbalance in a Trump G.O.P., that means that for the foreseeable future traditional conservatives will face a choice: conform or leave.It’s likely that most people will conform. But they ought to leave. If a political party is a shared enterprise for advancing policies and ideas with the hope of achieving concrete outcomes, then there are key ways in which a second Biden term would be a better fit for Reagan Republicans than Round 2 of Trump.Take national security. Even apart from his self-evident disregard for democracy, Trump’s weakness in the Ukraine conflict and his hostility to American alliances may represent the most dangerous aspects of a second term, with potential world-historic consequences similar to those of American isolationism before World War II.Biden’s continuing support for NATO, by contrast, has made America stronger. The accession of Finland and Sweden to NATO has added their potent militaries to the Western alliance. The strategic Baltic Sea is now a “NATO lake.” Biden was smart to start his State of the Union address by contrasting Reagan’s demand to Mikhail Gorbachev to tear down the Berlin Wall with Trump’s invitation to Vladimir Putin’s Russia to “do whatever the hell they want” to NATO countries who “don’t pay.”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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      If There’s One Thing Trump Is Right About, It’s Republicans

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      For the thousandth time, the Republican Party refused an off-ramp that would free itself from Donald Trump. As long as he’s around, it never will.In this year’s presidential primary campaign, the party had the chance to nominate Nikki Haley, a successful, conservative former two-term governor of South Carolina. Unlike Mr. Trump’s, her public career hasn’t been characterized by a lifetime of moral squalor. And many polls show she would be a more formidable candidate against President Biden than Mr. Trump. No matter. Mr. Trump decimated Ms. Haley, most recently on Super Tuesday. She suspended her campaign the next day. But she never had a chance.The Republican Party has grown more radical, unhinged and cultlike every year since Mr. Trump took control of it. In 2016, there was outrage among Republicans after the release of the “Access Hollywood” tape. On the tape, in words that shocked the nation, Mr. Trump said that when you’re a star, “You can do anything. Grab ’em by the pussy. You can do anything.”In 2023, Mr. Trump was found liable for sexual abuse. His “locker room talk” turned out to be more than just talk. Yet no Republican of significance said a critical word about it.The same was true earlier this year when Mr. Trump was found liable for civil fraud. The judge in the case, Arthur F. Engoron, said that the former president’s “complete lack of contrition” bordered on “pathological.” Yet Republicans were united in their outrage, not in response to Mr. Trump’s actions but at the judge for the size of the penalty.Today, many Republicans not only profess to believe that the election was stolen; prominent members of Congress like Representative Elise Stefanik and Senator J.D. Vance say they would not have certified the 2020 election results, as Vice President Mike Pence, to his credit, did. Mike Johnson, who played a leading role in trying to overturn the election, is speaker of the House.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