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    Pro-Trump lawyer accepts plea deal in Georgia ‘fake electors’ case

    Kenneth Chesebro, the attorney who allegedly devised the “fake electors” plan to prevent Joe Biden from winning the 2020 election, has accepted a plea deal and will avoid going to trial in the Fulton county racketeering case involving Donald Trump and 17 others.The last-minute plea deal marks the second major victory in as many days for prosecutors, who can now compel him to testify against his former allies in Trump’s inner circle to bolster their case.Chesebro appeared in court on Friday and pleaded guilty to conspiracy to commit filing false documents. His plea agreement is for five years of probation, $5,000 in restitution, 100 hours of community service and an apology letter to the citizens of Georgia. Most importantly, it requires that he turn over any evidence in his possession and truthfully testify at all hearings and trials involving the case’s co-defendants, including Trump.Attorney Sidney Powell, who was also set to stand trial beginning on Friday, accepted a plea deal on Thursday, potentially pressuring Chesebro into doing the same. ABC reported that two days ago he had rejected a plea offer from prosecutors to avoid jail time by pleading guilty to the conspiracy charge.Fifteen additional co-defendants, including Trump, are set to stand trial next year as a part of the racketeering case brought by the Fulton county district attorney, Fani Willis. Both Powell and Chesebro’s cases had been severed from the larger racketeering case because they filed demands for a speedy trial.Chesebro played two key roles in Trump’s post-election efforts to overturn the results of the 2020 election. He wrote a pair of early December memos laying out a strategy for fake pro-Trump electors to meet in the six states where Trump lost to preserve a path forward to challenge the election in court and potentially on 6 January in Congress, and he laid out the legal argument that the vice-president could reject states’ electors during the election certification – while suggesting that Vice-President Mike Pence should recuse himself to avoid a conflict of interest.His decision to flip on Trump and his allies is potentially the most damaging for the former New York mayor Rudy Giuliani and the Trump attorney John Eastman, with whom he worked closely to devise the legal plot to challenge the election.Chesebro had faced seven felony counts, including a conspiracy count and six additional charges related to a plan to create “alternate electors” to falsely certify that Trump had won the 2020 presidential election. His plea deal came shortly after jury selection for his trial had begun on Friday.Attorneys for Chesebro and representatives for the Fulton county district attorney’s office did not immediately respond to requests for comment.skip past newsletter promotionafter newsletter promotionThe decisions by Chesebro and Powell to take plea agreements could significantly strengthen Willis’s case against Trump, since both attorneys played key roles in the former president’s attempts to cling to office. Both have significant knowledge of the inner workings of the plot, and could offer new information at trial. More

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    Trump’s ex-lawyer Sidney Powell pleads guilty in Georgia election case

    Former lawyer for then-president Donald Trump Sidney Powell has pleaded guilty in the Georgia election interference case in Fulton county, just days before jury selection for her trial was scheduled to start.The plea agreement has Powell paying a $6,000 fine and $2,700 restitution to the state of Georgia as well as writing an apology letter to the citizens of Georgia, testifying at trial, and serving six years of probation.More details soon … More

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    Trump lawyers urge dismissal of 2020 election indictment, arguing immunity while in office

    Lawyers for Donald Trump have urged a federal judge to dismiss the criminal case over his efforts to overturn the 2020 election results, advancing a sweeping interpretation of executive power that contends that former presidents are immune from prosecution for conduct related to their duties while in office.The request to throw out the indictment, handed up earlier this year by a federal grand jury in Washington, amounts to the most consequential court filing in the case to date and is almost certain to precipitate a legal battle that could end up before the US supreme court.In their 52-page submission to the presiding US district judge, Tanya Chutkan, Trump’s lawyers essentially argued that Trump enjoyed absolute immunity from criminal prosecution because the charged conduct fell within the so-called “outer perimeter” of his duties as president.The filing contended that all of Trump’s attempts to reverse his 2020 election defeat in the indictment, from pressuring his vice-president, Mike Pence, to stop the congressional certification to organizing fake slates of electors, were in his capacity as president and therefore protected.Whether Trump’s motion to dismiss succeeds remains uncertain: it raises novel legal issues, such as whether the outer perimeter test applies to criminal cases, and whether Trump’s charged conduct even falls within a president’s duties.Prosecutors in the office of the special counsel, Jack Smith, could counter that Trump cannot make either argument. The outer perimeter test is widely seen as applying to only civil cases, for instance, and Trump is alleged as having acted not in his capacity as a president, but as a candidate.The Trump lawyers repeatedly suggested that the outer perimeter test – used by the supreme court in Nixon v Fitzgerald (1982) in which the justices found that presidents have absolute immunity from damages liability for acts related to their presidential duties – should apply to criminal cases.“To hold otherwise would be to allow the President’s political opponents to usurp his or her constitutional role, fundamentally impairing our system of government,” wrote Trump’s lawyers Todd Blanche, John Lauro and Gregory Singer.But Trump faces an uphill struggle, given a federal judge in Washington last year ruled in a separate civil suit against Trump that not everything he did as president was covered by presidential immunity. That case, Blassingame v Trump, is now under appeal at the DC circuit.At the heart of the Trump legal team’s filing was the extraordinary contention that not only was Trump entitled to absolute presidential immunity, but the immunity applied regardless of Trump’s intent in engaging in the conduct described in the indictment.skip past newsletter promotionafter newsletter promotion“An allegedly improper purpose for an official act does not rob the act of its official character,” Trump’s lawyers wrote. “A president’s purpose or motive is once again irrelevant to whether his acts fall under the outer perimeter of his responsibilities.”Trump’s lawyers argued that his attempts to seek investigations into supposed election fraud were protected because, as the head of the executive branch, he had an obligation to “take care” to enforce federal election laws through his tweets and directions to the justice department.The Trump lawyers also claimed that all of the conduct in the indictment was protected, notably including the fake electors plot, since it was related to him trying to get Pence to act in a “certain way” on 6 January 2023 – though omitting that “way” was to unlawfully stop the certification.Trump’s latest filing adds to the issues that the judge presiding in the case will have to decide in the coming weeks. Chutkan is scheduled to first hear oral arguments on 16 October about whether to issue a limited gag order against Trump to limit his public attacks against prosecutors. More

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    Trump allies offered plea agreements in Georgia election interference case

    Fulton county prosecutors in Georgia have approached several defendants about plea agreements in the sprawling criminal racketeering case dealing with Donald Trump’s efforts to overturn the result of the 2020 election, the Atlanta Journal-Constitution reported on Tuesday.Plea agreements are common in such cases accusing defendants of violating the Racketeer Influenced and Corrupt Organizations (Rico) Act, where prosecutors will often try and get individuals at the lower level of a criminal enterprise to “flip” and assist the prosecution in exchange for a lighter sentence or immunity. The district attorney’s office has already reached immunity plea agreements with at least half of the fake set of electors in Georgia.Michael Roman, the head of election day operations for the Trump campaign in 2020, rejected a plea agreement, a person involved in his defense told the Atlanta Journal-Constitution. One of his lawyers told the paper that his legal team had sought to negotiate for dismissal of the charges against him in exchange for truthful testimony. An attorney for Roman did not immediately respond to a request for comment.Several people who were involved in the breach of Coffee county election equipment as well as a scheme to harass the election workers Shaye Moss and Ruby Freeman have also been approached, the paper reported.The Fulton county district attorney’s office did not immediately return a request for comment.Scott Hall, a bail bondsman who was involved in efforts to breach voting equipment in Coffee county, became the first of the 19 defendants to plead guilty last week. He received five years of probation, a $5,000 fine and 200 hours community service, and he agreed to write a letter of apology after pleading guilty to five counts of intentional interference of performance of election duties, a misdemeanor. Before pleading guilty, he gave a recorded statement to prosecutors, which they are likely to use as they make a criminal case against Sidney Powell, one of Trump’s attorneys.skip past newsletter promotionafter newsletter promotionTrump and 18 of his associates were charged earlier this year on 41 counts of various crimes in Georgia, including racketeering and forgery, for their efforts to overturn the election. Two of the defendants, Powell and Ken Chesebro, have successfully severed their cases from the others and will be tried together soon after requesting a swift timetable. Jury selection is expected to begin in that case on 20 October. More

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    How a ‘Trump train’ attack on a Biden bus foreshadowed January 6 – and echoed bloody history

    The bane of raw intelligence – and history – is that you can always look back and find the signs, but you can’t necessarily look ahead and see where they’re pointing. Many questions remain about the intelligence failures that enabled an insurrectionist mob to lay siege virtually unimpeded to the US Capitol. But here’s one sign that’s been flashing in my head since 6 January 2021.Four days before the 2020 election, a “Trump Train” of motorists swarmed a Biden-Harris campaign bus on Interstate 35 between San Antonio and Austin. Kamala Harris would have been on the bus but for a last-minute schedule change, according to Wendy Davis, then a Texas congressional candidate and the campaign surrogate onboard. The videotaped vehicular harassment – tailgating, sudden braking, passing the bus within inches – got nationwide coverage, courtesy of participants’ back-slapping on social media and Donald Trump’s high-five in return. Though no one was hurt, it took little imagination to see how a 20-ton container of flammable fuel moving in heavy traffic could have turned into a highway bomb. But to the Trump Train, one of its founders, Steve Ceh, told me, the razzing of the Democrats was simply “fun” – “like a rival football game”.No local arrests were reported, but the FBI in San Antonio confirmed it was investigating. Presumably (albeit against Trump’s tweeted wishes) it was still investigating two months later when the explosion came: a massive incarnation of the Trump Train rioting against President-elect Biden in Washington. It was then that I started getting flashbacks to another historic act of domestic terrorism, one also presaged by a difficult bus ride and lately back in the news.Sixty years ago, on 15 September 1963, when Ku Klux Klansmen bombed the 16th Street Baptist Church in Birmingham and killed four Black girls attending Sunday school, the shock to the country exceeded the moral language to express it. Both President John F Kennedy and Martin Luther King Jr cast political blame on Alabama’s “Segregation forever!” governor, George Wallace. At the time he seemed a pariah, the only “vicious racist” King singled out in his I Have a Dream speech 18 days earlier, at the March on Washington. In fact, Wallace was the spearhead of a proto-Maga minority that more than half a century later captured the White House for Trump. And now political violence is so “normal” that we have a former southern governor, Mike Huckabee of Arkansas (whose daughter, Trump’s former spokesperson Sarah Huckabee Sanders, is the current governor), effectively endorsing civil war should the prosecution of Trump over a violent coup attempt derail his return to power.More often than not, though, the slope is slipperier than the cliff of depraved extremism over which Trump led a “conservative” political party. Instead, it is an inertial slide driven by institutional blind spots and choices that were professionally expedient in the moment. Thus it was, more than 60 years ago in Alabama, that the FBI turned a half-closed eye to harassers of a bus and wound up reaping shockwaves that killed children.On Mother’s Day 1961, a Greyhound bus carrying a protest group of integrated Freedom Riders was chased down the highway by a caravan of white Alabamians, who managed to sideline the vehicle outside Anniston and firebomb it. Meanwhile, a second freedom bus headed toward a Ku Klux Klan ambush in Birmingham. FBI agents there had been told by their Klan informant – the eventually notorious double agent Gary Thomas Rowe Jr – that his klavern was coordinating the attack with local police and city hall. But the bureau did nothing to stop the bloody assault. Nor were any arrests made of Rowe’s Klan brothers, certainly not after a widely published news photo showed the informant himself joining in the bludgeoning.When Rowe’s consorts bombed the 16th Street Baptist Church two years later, the FBI was so familiar with them that four or five prime suspects were identified within days. (Rowe was apparently not an active participant.) The first prosecution – of the suspected ringleader, by the Alabama attorney general – did not take place for 14 years and met with stonewalling if not resistance from the FBI. (A couple of decades later, the bureau provided “cooperation from top to bottom,” says Doug Jones, the federal prosecutor who won convictions against the last two living Klansmen in 2001 and 2002. He went on to become Alabama’s brief Democratic senator before losing in 2020 to Tommy Tuberville, who recently said of white nationalists, “I call them Americans”.)In contrast to the Freedom Rider attacks, which sent multiple victims to hospital, the buzzing of the Biden team had only one known instance of physical contact, a black pick-up videotaped bumping a campaign car in the bus’s wake. The owner of the pick-up was Eliazar “Cisco” Cisneros, a middle-aged, long-gun-toting San Antonian who had made news six weeks earlier by driving the same Trump-bedecked truck through a peaceful defund-the-police protest. He was not arrested then, but the FBI did talk to him about the Trump Train, according to his lawyer, the former Republican congressman Francisco Canseco. However, Canseco says it was his client who initiated the call, to complain that “his rights were being violated”, meaning the right of Americans “to demonstrate their support for a candidate”. Cisneros claimed the Biden car was the aggressor, despite having boasted on Facebook, “That was me slamming that fucker … Hell yea.” (The available videotape is not definitive, but the analysis by snopes.com contradicts Cisneros’s version.)Perhaps the FBI had bigger Maga fish to fry than the Trump Train, even though the San Antonio paper reported weeks before the election that the group’s raucous Thursday-night parades 30 miles up I-35 in New Braunfels had featured a man dragging a Black Lives Matter flag behind his pick-up. (A social-media post of his surfaced from a few years earlier: “I’m not apart of the kkk … just hate black people.”) Some African American residents were reminded of the 1998 white supremacist dragging murder of a black man, James Byrd Jr, 300 miles east in Jasper. But by the time the New Braunfels Trump Train caught up with the Biden bus on 30 October, the bar for actionable political intimidation had been set pretty high. Earlier that month in Michigan, the FBI along with state authorities arrested 14 Maga men in connection with an alleged plot to kidnap the governor, Gretchen Whitmer.Way back in segregated 1961, within hours of the freedom bus burning, the Kennedy justice department found a statute allowing for a politically neutered prosecution: 18 U.S. Code § 33, covering the destruction of motor vehicles engaged in interstate commerce. A paragraph conceivably pertinent to what happened in Texas – on a federal highway – penalizes one who “willfully disables or incapacitates any driver … or in any way lessens the ability of such person to perform his duties as such”. At any rate, when even symbolic federal charges failed to materialize, the Biden bus driver, Wendy Davis and two others filed a civil suit against (ultimately) eight Trump Train members, including Cisneros and Ceh, under the Reconstruction Ku Klux Klan Act of 1871. They sued the San Marcos police department separately, as the only force along the route that the complaint says ignored SOS calls – though its alleged abdication was more like “we can’t help you” than the Birmingham police’s promise to give the Klan 15 minutes to work over the Freedom Riders.Davis et al filed their suits six months after January 6. While hastening to say that “we can’t begin to compare what happened on the bus to that violence”, Davis calls it “part and parcel of the same trend”. It was intimidating enough to cause the campaign to cancel the rest of the tour. A trial date for the Trump Train case has been set for next year. Two defendants settled separately in April 2023 and have been removed from the suit.Among the plaintiffs’ exhibits included in a court filing on Friday is the transcript of a text chain from late December 2020 about “the March in dc”, in which a message purportedly coming from Cisneros’s phone discusses delivery dates for bear mace and a collapsible baton. Two other defendants, Ceh and his wife, Randi – named in the complaint as leaders of the New Braunfels Trump Train – were among the faithful in Washington on January 6. Steve Ceh told me they did not enter the Capitol but watched “antifa thugs in black breaking windows” and “people in Trump hats telling them to stop”. When I asked if he thought the hundreds of people arrested for their role in the riot were antifa (including a former FBI agent from New Braunfels), he said: “I’m not saying that some people weren’t pretty emotional.”Ceh says the FBI contacted him after he was fired from his job (as a supervisor for a large Texas construction firm) in the aftermath of January 6. “There are a lot of liberals, a lot of Satanists, in this town,” he told me, explaining that they “doxxed” him. Ceh says he invited the FBI man who questioned him (“a very good guy”) to attend the “relevant church” he recently founded. He says the bureau did not seek him out after the Trump Train episode, not even for one of its unofficial “knock and talks”, and in their later interview about the Capitol riot, he says, the Biden bus “never came up”.skip past newsletter promotionafter newsletter promotionThe FBI office in San Antonio declined to make Ceh’s interviewer available for comment and, in response to my request for a Biden bus update, said the bureau did not either confirm or deny the existence of an investigation, apparently even one it previously confirmed. That’s not the worst policy in the world, as then FBI director James Comey painfully demonstrated in 2016 when he violated justice department guidelines with public statements in the Hillary Clinton emails case, arguably giving us President Donald Trump and thereby helping normalize terrorism the bureau is mandated to prevent.John Paredes, one of the many civil rights lawyers representing the bus plaintiffs, says he does “not read anything into [federal officials’] determination not to bring a prosecution”. The US Attorney’s Office for the Western District of Texas emailed its refusal to comment on “the existence or non-existence of investigations”. Still, I have a sneaking feeling that the FBI’s reaction to the vehicular threat on I-35 would have been a little different if, say, those road warriors had been Muslims rather than white Christians.Sixty years ago, the Birmingham church bombing helped unify the country around a consensus that state-sponsored racism had to end and, along with the assassination of President Kennedy two months later in Texas, eased the posthumous passage of the Civil Rights Act of 1964, which abolished legal segregation. Since the domestic terrorism of January 6, though, the partition of hate has only widened. And so, I got a little jolt of hope and change from Ceh’s surprise answer to my pro forma question about whether he was supporting Trump in 2024.“I’m waiting,” he said. “We have transitioned.”I wish I could say the quote ended there, but he went on to talk about how the issue is no longer “about what man’s in there”, because “we’ve got to turn to God”. If I had to interpret those signs, I would take them to mean that things could get worse. Apocalyptic, maybe.
    Diane McWhorter is the author of the Pulitzer Prize-winning Carry Me Home: Birmingham, Alabama – The Climactic Battle of the Civil Rights Revolution More

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    Enough review: Cassidy Hutchinson on Trump and the damage done

    Cassidy Hutchinson may have done more to place Donald Trump in legal jeopardy than anyone other than Trump himself. By the time the twentysomething deputy to Mark Meadows (Trump’s last chief of staff) completed her first public appearance before the January 6 committee, in June last year, the US had received an up-close-and-personal view of the venom, wrath and malice of the 45th president.Hutchinson “isn’t crazy”, a Trump White House veteran confided to the Guardian before that first hearing. But she is a “time bomb”.When told that he would not be driven to the Capitol to join the rioters, Trump lunged for the steering wheel of his car. He said Mike Pence “deserved” to be hanged for his refusal to overturn the election. He broke dishes and splattered condiments. Hutchinson “grabbed a towel and started wiping the ketchup off of the wall to help the valet out”. Her testimony was extraordinary. It has also withstood scrutiny.The Capitol was defaced for the “sake of a lie”, Hutchinson declared, on camera. She placed Trump, Meadows and Rudy Giuliani, Trump’s lawyer, in the middle of it all.Fifteen months later, however, Trump is both a 91-times charged criminal defendant and the frontrunner for the Republican nomination, tied with, if not ahead of, Joe Biden in the polls. In Fulton county, Georgia, a grand jury indicted Meadows and Giuliani as well as Trump, for seeking to illegally overturn Biden’s win. As for Hutchinson, she is out with Enough, her memoir.She shares her life story, pointing a damning finger at the powerful, the guys she once worked for and her own father. She tries to exhale but doesn’t fully succeed. She can’t. She is likely to be a witness at Trump’s Washington trial on four election subversion charges, slated to kick off the day before Super Tuesday, the key point of the Republican primary next year.Hutchinson expresses gratitude for life’s opportunities and disgust for what she has seen and endured. Her nameless “dad”, her mother’s first husband, was all too often a no-show in clutch moments. She considers Paul, the man who followed, to be her “chosen father”. He was there when it counted. Meadows once asked if she had a happy childhood, she writes. She offers a detailed answer.Hutchinson’s disdain for Trump is on record. Now, too, is her deep disillusionment with Meadows and disgust for Giuliani.On January 6, “America’s mayor” allegedly preyed upon her. John Eastman, Trump’s legal adviser in his attempted coup, purportedly looked on and smiled.Over time, Meadows let Hutchinson down, then abandoned her entirely. When the subpoenas began to fly, he left her to fend for herself. He never offered to help, she says, in contrast to how he treated his male deputy, Ben Williamson. To Hutchinson, Meadows extended platitudes as if she were a mass shooting victim.“Tell her me and Debbie are thinking about her,” he told Williamson.In her own memoir, Kayleigh McEnany, Trump’s last White House press secretary, gushed at Hutchinson: “You were a constant reminder of faith. Thank you for being an inspiring leader for the entire West Wing.” The contrast in the two women’s post-White House lives is remarkable. McEnany is ensconced at Fox News. Hutchinson gives interviews at home with the shades drawn, worried for her safety.According to Hutchinson, Meadows ceaselessly sought to endear himself to Trump, a task impossible for anyone other than Ivanka, Trump’s oldest daughter. Early on, Meadows told Hutchinson he would take a bullet for his boss.“I would do anything … to get him re-elected,” he said.Months later, Meadows did something: he hid Trump’s Covid from Hutchinson and from the world at large. He knew Trump had fulfilled appearances and taken the debate stage against Biden after testing positive. He did not share that information. Later, when Hutchinson and Meadows were in a limo, she asked if Trump had Covid. Meadows did not answer.“His silence answered every question I had,” Hutchinson writes now.skip past newsletter promotionafter newsletter promotionShe did not sicken and flirt with death, as Chris Christie did after helping prep Trump for the debate. But no apology was forthcoming. All were expected to take the bullet.Out of office, however, Meadows ratted Trump out, in his own memoir, The Chief’s Chief. Hutchinson cites his book in hers.“Stop the president from leaving,” Meadows says Sean Conley, the White House physician, told him. “He just tested positive for Covid.”“Mr President,” Meadows says he said, “I’ve got some bad news. You’ve tested positive for Covid-19.” Trump’s reply, the devout Christian writes, “rhyme[d] with ‘Oh spit, you’ve gotta be trucking lidding me”.When Meadows’s book came out, Trump trashed it as “fake news” and derided Meadows as “fucking stupid”. Meadows concurred. These days, though, he appears to be cooperating with Jack Smith, the special counsel. The prospect of prison can bring clarity. Ask Michael Cohen.Giuliani and Eastman deny Hutchinson’s description of how the former groped her as the latter smiled. They also threaten to sue but they have larger things to focus on, professions and freedom at risk.If anyone’s character can be judged by the identities of their enemies, Hutchinson is well placed. Starting with Trump, she has amassed an array of appalling detractors. But she has able folks in her corner. Liz Cheney, the January 6 vice-chair whose stand against Trump cost her so dearly, is there. Hutchinson’s roster of legal talent, meanwhile, includes Jody Hunt and Bill Jordan. A justice department veteran, Hunt was chief of staff to Jeff Sessions, Trump’s first attorney general.When news of Enough was breaking, another former Trump legal adviser, Ty Cobb, told the Guardian: “Hutchinson was a very devoted White House employee who worked very very hard. She was proud to serve her country. So sad she had to endure this.”
    Enough is published in the US by Simon & Schuster More

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    Prosecutors reiterate need for gag order against Trump in 2020 election case

    Special counsel prosecutors reiterated Friday to the federal judge overseeing the 2020 election interference prosecution against Donald Trump the need to impose a limited gag order against the former president to curtail his ability to attack them and potentially intimidate trial witnesses.The sharply worded, 22-page filing, submitted ahead of a hearing scheduled for 16 October in federal district court in Washington, accused Trump of continuing to make prejudicial public statements even after they had first made the request three weeks ago.“He demands special treatment, asserting that because he is a political candidate, he should have free rein to publicly intimidate witnesses and malign the court, citizens of this district, and prosecutors. But in this case, Donald J Trump is a criminal defendant like any other,” prosecutors wrote.The prosecutors said the need for a limited gag order had only increased in urgency since their initial request, filed under seal to US district judge Tanya Chutkan on 5 September, as they cited several threatening statements from Trump that could impact their case and potential jurors.In particular, the filing highlighted Trump’s posts on his Truth Social platform that attacked his former vice-president Mike Pence, saying without evidence that he had “made up stories about me” and had gone over to the “dark side” after he testified to prosecutors about Trump’s conduct.The filing also raised Trump’s post about Gen Mark Milley, the retiring chairman of the joint chiefs of staff and another likely trial witness after he was cited in the indictment, that baselessly accused him of committing treason and suggested that he be executed.“No other criminal defendant would be permitted to issue public statements insinuating that a known witness in his case should be executed,” the assistant special counsel Molly Gaston wrote. “This defendant should not be, either.”Trump has angrily pushed back at attempts to constrain his public remarks about the case as being politically motivated and had his lawyers previously complain to the judge that prosecutors were infringing on his first amendment rights, especially as he campaigns for another presidential term.But prosecutors rejected that characterization. The proposed gag order was narrowly tailored to limit Trump from making statements that could affect the outcome of the trial, prosecutors argued, such as about the identities or credibility of witnesses, or comments that could be intimidating.The additional problem with letting Trump go unchallenged, the prosecutors argued, was that he could continue to intentionally comment on witnesses and what they might say at trial months beforehand, which could poison the jury pool by making them adopt improper beliefs.“The defendant has made a large volume of public statements …… that would be unaffected by the proposed order,” the filing said. “All it would limit is the defendant’s use of his candidacy as a cover for making prejudicial public statements about this case.”skip past newsletter promotionafter newsletter promotionThe filing also raised the issue to the judge about how Trump appeared to be seeking special treatment as the frontrunner for the GOP nomination, saying he may have violated the terms of his release agreement when he visited a gun shop this week on a campaign swing through South Carolina.The incident involved Trump’s campaign spokesperson posting a video of the former president handling a custom Glock pistol and suggesting he wanted to buy the gun, which would be a federal offense because he is under indictment – but aides quickly denied he had done so.What actually happened with the gun is uncertain, not least because Trump would have to be a South Carolina resident to lawfully buy a firearm in that state. But prosecutors used the episode as an example of Trump benefiting from incendiary public statements and have others take responsibility.“The defendant either purchased a gun in violation of the law and his conditions of release, or seeks to benefit from his supporters’ mistaken belief that he did so,” the filing said, adding that Trump surely knew the effect of his words in all of his public statements. More

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    Trump official Jeffrey Clark loses bid to move Georgia trial to federal court

    A federal judge on Friday denied a request from Jeffrey Clark, the former Trump justice department official, to transfer from state to federal court his criminal case for conspiring to overturn the 2020 election in Georgia, saying he had failed to prove he had been acting within the scope of his official duties.The ruling from the US district judge Steven Jones, which came a day after Donald Trump decided against making a similar request, means Clark will be tried in Fulton county superior court – with its mainly Democratic jury pool – unless the ruling is overturned by the 11th circuit appeals court.Clark was charged last month alongside Donald Trump and top allies in the sprawling Racketeer Influenced and Corrupt Organizations (Rico) Act case brought by the Fulton county district attorney, Fani Willis, because he had drafted a letter in December 2020 falsely claiming the justice department was investigating supposed election fraud in Georgia.The letter was never sent to Georgia officials and Clark had argued he had been acting within the scope of his official duties as the acting US assistant attorney general for the civil division when he drafted the memo, making him immune from state prosecution under a special federal law.But the judge rejected his arguments in a 15-page opinion that concluded the available evidence cut against him and his efforts to try to show he had satisfied a three-part test to determine whether he was eligible to move his case to federal court.“The letter pertained to election fraud and election interference concerns that were outside the gamut of his federal office. Consequently, Clark has not shown the required nexus for federal officer removal,” Jones wrote.Clark made two specific arguments at an evidentiary hearing last week: first, that he had been permitted to draft legal memos as the top official in the civil division, and second, that as an assistant attorney general, he could do work for any of the justice department’s sub-sections.The judge concluded that Clark’s first argument failed because election-related matters have never been in the purview of the civil division, which is involved in defending lawsuits that are filed against the United States or officers of the federal executive branch.The only witness to testify at the hearing, Jody Hunt, Clark’s predecessor as head of the civil division, also disclaimed Clark’s argument and affirmed that anything with respect to election irregularities would be handled by the civil rights division or the criminal division.The judge wrote that deposition transcripts showed that even Clark’s own assistant who helped him draft the letter, Kenneth Klukowski, had recounted to prosecutors he had been “shocked” at the assignment because “election-related matters are not part of the civil’s portfolio”.Clark’s lawyer had responded at the hearing that Clark had been in a unique position in 2020 because he defended the vice-president, Mike Pence, in an election-related lawsuit. But the judge dismissed that notion, saying Clark had to defend that suit because Pence was being sued as an actual federal officer.skip past newsletter promotionafter newsletter promotionJones also entirely rejected Clark’s second argument – that he had been acting within the scope of his justice department role because Trump could have delegated him authority to write the December 2020 letter – because he had failed to show any evidence that had actually happened.The contention from Clark’s lawyer Harry MacDougal at the hearing was that Trump had “ratified” Clark to look at election fraud allegations because he had been summoned to discuss the matter at an Oval Office meeting on 3 January 2020.However, the judge noted it was unclear whether Trump had expressly given Clark authority to write the letter. “Other than his counsel’s own vague and uncertain assertions, the Court has no evidence that the President directed Clark to work on election-related matters,” Jones wrote.“Instead, the evidence before this Court does not show the President’s involvement in this letter specifically until the January 3 meeting where the President decided not to send it to the Georgia officials,” Jones wrote, adding: “Any such delegation … would have been outside the scope of DoJ more broadly.” More