Trump Indictment ( includes NY AG and Fed documents case ) (1 Viewer)

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    SteveSBrickNJ

    SteveSBrickNJ

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    Former President D. Trump has been indicted by a New York Grand Jury. There will be much to talk about on this topic because this is just the first step in a lengthy process.
    Possibly it is worthy of its own thread here rather than posting about Trump's indictment in already existing threads? :unsure:
    *
    This 3/31/23 story might get the ball rolling....
    *
    www.yahoo.com

    Manhattan’s DA wanted a Friday Trump arrest. Trump’s team said no.

    Secret Service needed more time to prepare, according to the ex-president’s legal team.
    www.yahoo.com www.yahoo.com
     
    Put it out there and I hope it’s devastating
    ================================

    Lawyers for President-elect Donald Trump and his former co-defendants launched efforts Monday to block the expected “imminent” release of a final report by Special Counsel Jack Smith regarding his cases against Trump involving classified documents taken from the White House and election interference.

    The cases have been dropped against Trump, but charges relating to alleged obstruction continue against his one-time co-defendants Walt Nauta and Carlos De Oliveira.

    Trump’s lawyers on Monday sent an emailed letter calling on Attorney General Merrick Garland to stop Smith from releasing the report, and to fire Smith immediately.

    They also called Smith an “out-of-control private citizen unconstitutionally posing as a prosecutor” aiming to harm Trump politically.

    “Accordingly, because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump’s incoming attorney general, consistent with the expressed will of the People,” Trump’s lawyers Todd Blance and John Lauro wrote in the letter.……..

    www.independent.co.uk

    Trump seeks to block ‘imminent’ release of Jack Smith’s report on criminal charges

    Lawyers for Trump and his former co-defendants take action to shut down report on probe into classified documents cache and election interference
    www.independent.co.uk www.independent.co.uk
     
    Optimus Prime said:
    Put it out there and I hope it’s devastating
    ================================

    Lawyers for President-elect Donald Trump and his former co-defendants launched efforts Monday to block the expected “imminent” release of a final report by Special Counsel Jack Smith regarding his cases against Trump involving classified documents taken from the White House and election interference.

    The cases have been dropped against Trump, but charges relating to alleged obstruction continue against his one-time co-defendants Walt Nauta and Carlos De Oliveira.

    Trump’s lawyers on Monday sent an emailed letter calling on Attorney General Merrick Garland to stop Smith from releasing the report, and to fire Smith immediately.

    They also called Smith an “out-of-control private citizen unconstitutionally posing as a prosecutor” aiming to harm Trump politically.

    “Accordingly, because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly. If Smith is not removed, then the handling of his report should be deferred to President Trump’s incoming attorney general, consistent with the expressed will of the People,” Trump’s lawyers Todd Blance and John Lauro wrote in the letter.……..

    www.independent.co.uk

    Trump seeks to block ‘imminent’ release of Jack Smith’s report on criminal charges

    Lawyers for Trump and his former co-defendants take action to shut down report on probe into classified documents cache and election interference
    www.independent.co.uk www.independent.co.uk
    Click to expand...
    He doesn’t want the report on the mishandling of top-secret documents released because he doesn’t want the American public to know what he did. Pure and simple.

    While I don’t think it will matter much to the MAGA base, it could make a difference to current and former military members, whose support he would need to implement some of his more egregious policies.
     
    So just for proper framing on this question, Smith is appointed pursuant to DOJ's special counsel regulations, which I believe originate from the 1978 special counsel legislation.

    At 28 CFR 600.8(c), the regulations provide that the special counsel will deliver to the attorney general a confidential report on the prosecution or nonprosecution of the case assigned to the special counsel. Then, at 28 CFR 600.9(c), it is upon the attorney general to decide whether it is in the interest of the public to release the report.

    Presuming that there are't other authorities in play here, I doubt that Smith would just go rouge and release the report himself. I suspect that he will deliver it to Garland - who will then be the one to make the decision. It appears to be a highly discretionary decision and I don't see how the AG would have any culpability for choosing to release it.

     
    superchuck500 said:
    So just for proper framing on this question, Smith is appointed pursuant to DOJ's special counsel regulations, which I believe originate from the 1978 special counsel legislation.

    At 28 CFR 600.8(c), the regulations provide that the special counsel will deliver to the attorney general a confidential report on the prosecution or nonprosecution of the case assigned to the special counsel. Then, at 28 CFR 600.9(c), it is upon the attorney general to decide whether it is in the interest of the public to release the report.

    Presuming that there are't other authorities in play here, I doubt that Smith would just go rouge and release the report himself. I suspect that he will deliver it to Garland - who will then be the one to make the decision. It appears to be a highly discretionary decision and I don't see how the AG would have any culpability for choosing to release it.

    Click to expand...
    Hard to trust Garland at this point to be honest. I feel like he enabled the prosecution of the stooges - the people who were duped, the underlings - to the benefit of the people who planned and executed the insurrection. It’s been a massive failure in my eyes - and I didn’t jump to this conclusion. This is what I feel I am forced to conclude.

    I fully expect Garland to find a reason to not release it. I hate saying that, but it’s my opinion.
     
    “The federal judge overseeing President-elect Donald Trump's now-dismissed case related to classified documents in Florida has temporarily blocked the Justice Department from releasing a report prepared by special counsel Jack Smith.

    Judge Aileen Cannon issued an order on Tuesday preventing the Justice Department from releasing the report while a legal battle plays out. Prosecutors said in an earlier filing that the two-volume document could be released as early as Friday, pending a decision by Attorney General Merrick Garland.

    Earlier on Tuesday, attorneys for Trump's former codefendants Walt Nauta and Carlos de Oliveira filed an emergency motion similar to that which they filed earlier in Cannon's court, asking the appeals court to block the release of Smith's report.

    Cannon ruled Tuesday that her order "remains in effect until three days after resolution by the Eleventh Circuit of the Emergency Motion, unless the Eleventh Circuit orders otherwise," meaning the appeals court will be left to decide whether the special counsel report can be released.”

    www.cbsnews.com

    Judge in Trump documents case temporarily blocks release of special counsel Jack Smith's report

    A federal judge has temporarily blocked the Justice Department from releasing a report prepared by special counsel Jack Smith.
    www.cbsnews.com www.cbsnews.com
     
    Sendai said:
    “The federal judge overseeing President-elect Donald Trump's now-dismissed case related to classified documents in Florida has temporarily blocked the Justice Department from releasing a report prepared by special counsel Jack Smith.

    Judge Aileen Cannon issued an order on Tuesday preventing the Justice Department from releasing the report while a legal battle plays out. Prosecutors said in an earlier filing that the two-volume document could be released as early as Friday, pending a decision by Attorney General Merrick Garland.

    Earlier on Tuesday, attorneys for Trump's former codefendants Walt Nauta and Carlos de Oliveira filed an emergency motion similar to that which they filed earlier in Cannon's court, asking the appeals court to block the release of Smith's report.

    Cannon ruled Tuesday that her order "remains in effect until three days after resolution by the Eleventh Circuit of the Emergency Motion, unless the Eleventh Circuit orders otherwise," meaning the appeals court will be left to decide whether the special counsel report can be released.”

    www.cbsnews.com

    Judge in Trump documents case temporarily blocks release of special counsel Jack Smith's report

    A federal judge has temporarily blocked the Justice Department from releasing a report prepared by special counsel Jack Smith.
    www.cbsnews.com www.cbsnews.com
    Click to expand...

    I will be curious to see the briefing to the 11th Circuit on this - while Judge Cannon certainly has authority to enjoin its release in the first instance, I'm not sure that there's a basis for it unless the circuit court were to agree with her prior ruling that the special counsel appointment was unconstitutional. The regulation gives the AG broad discretion to determine whether release is in the public interest. In addition, the regulation allows the AG to issue a redacted version - as we saw with the Mueller report.

    But I suppose that if the 11th Circuit is inclined to agree with her that the appointment was unlawful it could render the investigation itself void and not subject to the regulations in the first place.
     
    She ended the case in her court. Why would she have any jurisdiction at all in this matter? They're just trying to run out the clock. If Garland has any balls at all (not expecting any show of such), he'd ignore the order and release the report anyway. What are they going to do?
     
    superchuck500 said:
    I will be curious to see the briefing to the 11th Circuit on this - while Judge Cannon certainly has authority to enjoin its release in the first instance, I'm not sure that there's a basis for it unless the circuit court were to agree with her prior ruling that the special counsel appointment was unconstitutional. The regulation gives the AG broad discretion to determine whether release is in the public interest. In addition, the regulation allows the AG to issue a redacted version - as we saw with the Mueller report.

    But I suppose that if the 11th Circuit is inclined to agree with her that the appointment was unlawful it could render the investigation itself void and not subject to the regulations in the first place.
    Click to expand...
    this adds depth.

    www.guampdn.com

    Nauta's classified records charges remain on appeal, while Trump's dismissed

    Former Guam resident and White House chef Waltine “Walt” Nauta’s classified documents charges remain on appeal, while that of his boss President-elect Donald J. Trump were dismissed.
    www.guampdn.com www.guampdn.com

    “Bloomberg News reported that while prosecutors said they won’t pursue an appeal of the charges against Trump in the classified records case, they will press ahead with a challenge to a Florida federal judge’s dismissal in July of charges against his two co-defendants, Nauta and another Trump aide, Carlos De Oliveira.

    But the news service also reported that as president, Trump could order prosecutors to fully drop the appeal or to pardon Nauta and De Oliveira.

    The Department of Justice motion on Monday asked the judge to dismiss the case “without prejudice,” leaving open the possibility it could be revived once Trump leaves office.

    The court approved that request, writing that it was “consistent with the government’s understanding that the immunity afforded to a sitting president is temporary, expiring when they leave office.”

    So there’s an appeal pending on the legitimacy of the special counsel in relation to Nauta and De Oliveira.

    Seems like the disposition of the report should be held until that appeal is resolved.
     
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