Archive for the ‘Donald Trump’ Category

What Are the Legal Cases Against Donald Trump? – New York Magazine

Case type: CriminalWhere: U.S. District Court for the District of Columbia Prosecutor: Jack Smith, DOJ special counselWhen: Unclear

Perhaps the biggest case of all, the Justice Department has been investigating a variety of plots that intersected with Trump in relation to the lead-up to the attack on the U.S. Capitol. One such plot was the scheme to send fake electors from the states to Congress on January 6, 2021, in order to declare Trump as the phony winner of the election. Smiths office has issued subpoenas to election officials in key states such as Arizona, Wisconsin, and Michigan. Another plot involves how Trump and his inner circle sought to pressure his vice-president, Mike Pence, to stop Congress from certifying Bidens victory that day. There is also the question of how exactly Trump fit into the violence that unfolded at the Capitol after he urged his supporters to march there during his speech at the Ellipse. On Friday afternoon, Smiths office scored a huge victory in court when a judge ruled that several members of the Trump administration, including former chief of staff Mark Meadows, must comply with a subpoena for grand-jury testimony.

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What Are the Legal Cases Against Donald Trump? - New York Magazine

Donald Trump, and the Tradition of Suppressing October Surprises – The New York Times

Secretive talks in the waning days of a campaign. Furtive phone calls. Ardent public denials.

American history is full of October surprises late revelations, sometimes engineered by an opponent, that shock the trajectory of a presidential election and that candidates dread. In 1880, a forged letter ostensibly written by James A. Garfield claimed he wanted more immigration from China, a position so unpopular it nearly cost him the election. Weeks before the 1940 election, Franklin D. Roosevelts press secretary kneed a Black police officer in the groin, just as the president was trying to woo skeptical Black voters. (Roosevelts response made history: He appointed the first Black general and created the Tuskegee Airmen.)

But the scandal that has ensnared Donald J. Trump, the paying of hush money to a pornographic film star in 2016, is in a rare class: an attempt not to bring to light an election-altering event, but to suppress one.

The payoff to Stormy Daniels that has a Manhattan grand jury weighing criminal charges against Mr. Trump can trace its lineage to at least two other episodes foiling an October surprise. The first was in 1968, when aides to Richard M. Nixon pressed the South Vietnamese government to thwart peace talks in the closing days of that election. The second was in 1980. Fresh revelations have emerged that allies of Ronald Reagan may well have labored to delay the release of American hostages from Iran until after the defeat of Jimmy Carter.

The tortured debate over precisely which election law might have been violated in 2016 is missing the broader point all three events might have changed the course of history.

There have been three cases at a minimum, said Gary Sick, a former national security aide to President Carter who for more than two decades has been pursuing his case that the Reagan campaign in 1980 delayed the release of the hostages from Iran. And if you had the stomach for it, youd have to say it worked.

The potential criminal charges against Mr. Trump for his role in the passing of hush money to Ms. Daniels falsifying business records to cover up the payment and a possible election law violation may seem trivial when compared to the prior efforts to fend off a history-altering October surprise.

This month, a former lieutenant governor of Texas came forward to say that he accompanied a Reagan ally to the Middle East to try to delay the release of American hostages from Iran until after the 1980 election. And notes discovered in 2016 appeared to confirm that senior aides to Mr. Nixon worked through back channels in 1968 to hinder the commencement of peace talks to end the war in Vietnam and secure Mr. Nixons victory over Hubert H. Humphrey.

Hold on, Anna Chennault, Mr. Nixons emissary to the South Vietnamese, told Saigon government officials, as she pressed them to boycott the Paris peace talks. We are gonna win.

But the chicaneries of 1968 and 1980 were left to historians and partisans to sort out and debate decades later. What separates the allegations against Mr. Trump is that they could make him the first former president to be indicted by a grand jury, forcing him to answer for charges in a court of law.

The concept of an October surprise has been around American politics since at least 1838, when federal prosecutors announced plans to charge top Whig Party officials with most stupendous and atrocious fraud for paying Pennsylvanians to vote in New York for their candidates.

Two weeks before the 1888 election, Republicans published a letter from the British ambassador to the United States suggesting that the English favored Grover Cleveland, the Democratic candidate. It galvanized Irish American voters, and Mr. Cleveland lost the presidency to Benjamin Harrison.

Just days before the 2000 election, Thomas J. Connolly, a defense lawyer and former Democratic candidate for governor in Maine, confirmed that George W. Bush had been arrested for driving while intoxicated in the state in 1976. Some have said it cost Mr. Bush just enough votes to turn a narrow popular-vote victory into one of the most contested presidential elections in American history.

What links the allegations of 1968, 1980 and 2016 is the fear that such a surprise would happen. In all three cases, those accused of perpetrating the skulduggery palpably worried that it would.

How Times reporters cover politics.We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.

It is probably as old as campaigning itself, said John Dean, the Nixon White House lawyer whose testimony before the congressional Watergate committees helped bring to light perhaps the most famous campaign dirty trick of all time. Im sure that when campaigns learn of negative stories, they do all they can to suppress them.

The accusations against Mr. Trump are of a different scale than 1968 or 1980. No Americans were left to languish in captivity. No armies remained on the battlefield longer than necessary. No civilians died in napalm conflagrations. Indeed, the passing of hush money to Ms. Daniels is hardly the worst accusation leveled against a president who was impeached for withholding military aid to Ukraine to extract a political favor, and impeached again for inciting a riot designed to overturn a lawful election that he lost.

But because the 2016 election was so close, the suppression of a late-breaking sex scandal just may have delivered the White House to one of American historys most divisive leaders. Mr. Trump lost the popular vote by 2.1 percentage points, and won the presidency by securing victories in Michigan, Pennsylvania and Wisconsin by a combined 78,652 votes, a smaller total than a sellout crowd at MetLife Stadium in East Rutherford, N.J.

Mr. Trumps opponent, Hillary Clinton, suffered her own surprise when just days before the 2016 election, the F.B.I. director, James B. Comey, reopened a closed investigation into emails she sent on a private server when she was secretary of state. Given the margin, that alone may have cost Mrs. Clinton the White House.

Ms. Danielss claim that she had sex with Mr. Trump in 2006 while his wife, Melania, was nursing their only baby had been floating around since 2011, seemingly raising few fears in Trump world. But in early October 2016, that changed when The Washington Post published the Access Hollywood tape, in which Mr. Trump described in lewd terms how he groped women.

Amid the ensuing furor and defections from some Republican leaders, the effort to buy Ms. Danielss silence went into overdrive. Mr. Trumps personal lawyer, Michael D. Cohen, and others feared that a second punch, landing just after the Access Hollywood outrage was dissipating, could knock their pugilistic boss out of the presidential race and expose them to legal action.

It could look awfully bad for everyone, Dylan Howard, the editor of The National Enquirer, wrote in a text to Mr. Cohen, noting that if Ms. Daniels went public, their work to cover up her account of a sexual encounter might also become known.

The 1980 election is remembered as a landslide victory, hardly one that seemed vulnerable to a late-breaking course change. But in fact, aides and allies of Mr. Reagan openly feared the release of the hostages in the campaigns final weeks could re-elect Mr. Carter, so much so that the term October surprise is often attributed to the Reagan camps trepidations.

All I know is theres concern, not just with us but I think generally amongst the electorate, well, this Carters a politically tough fellow, hell do anything to get re-elected, and lets be prepared for some October surprise, Mr. Reagans running mate, George H.W. Bush, said at the time.

Gerald Rafshoon, who was Mr. Carters White House communications director and campaign media adviser, said in an interview that he was confident the release of the hostages would have secured the presidents re-election. The polls had been tightening that fall amid rising optimism about the captives release. Then Mr. Carters position collapsed.

If the little farmer cant handle a two-bit ayatollah, Mr. Rafshoon recalled one woman telling him, Ill take my chances on the cowboy.

He added: Its not that I hold any grudges about those sons of bitches. Ive gotten on with my life, and so has Jimmy.

Mr. Sick is not so sure a hostage release would have had much impact. It would certainly have changed some votes, but would Carter have won? He only won one state, he said. People who run campaigns get very paranoid and talk themselves into these things.

The election of 1968 is a closer call.

Ken Hughes, a researcher at the Miller Center of the University of Virginia, whose book Chasing Shadows chronicled the Nixon campaigns efforts to impede peace talks, said Mr. Nixon had a strong lead in the polls over Mr. Humphrey in mid-September. By mid-October, Mr. Nixons lead was down to eight percentage points. Then, days before the election, President Lyndon B. Johnson ordered a halt to the bombing of North Vietnam, and the news media began reporting chatter of looming talks to end the war.

Again, the candidate who went on to win showed his fears, which were based on Mr. Nixons conviction that Democratic dirty tricks in 1960 had denied him the presidency. Keep Anna Chennault working on SVN, or South Vietnam, Mr. Nixon implored, according to the notes of a top aide, H.R. Haldeman.

On the eve of the election, The Christian Science Monitor was preparing an article on the efforts of the Nixon campaign to thwart the peace talks. Mr. Johnson convened a conference call with his security cabinet to seek advice on whether to confirm the story, which he knew to be true from F.B.I. and C.I.A. wiretaps.

Some elements of the story are so shocking in their nature that Im wondering whether it would be good for the country to disclose the story and then possibly have a certain individual elected, his secretary of defense, Clark Clifford, said of Mr. Nixon on a recorded call. It could cast his whole administration under such doubt that I would think it would be inimical to our countrys interests.

White House officials said nothing.

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Donald Trump, and the Tradition of Suppressing October Surprises - The New York Times

How Republicans Are Handling Trump’s Possible Indictment – The New Yorker

Sometimes a fire drill can reveal useful information about how people might react in the event of a real emergency. At around 7:30A.M. on Saturday, March 18th, Donald Trump pulled an alarm when he told his followers on Truth Social that he expected to be arrested the following Tuesday. He was wrongthe week passed with nary a mug shot. Still, Alvin Bragg, the Manhattan District Attorney, is reportedly close to bringing an indictment against him, on charges related to a payment, in 2016, of a hundred and thirty thousand dollars to Stephanie Clifford, the adult-film actor known as Stormy Daniels. And Trumps post did set off a scramble.

Just after 11A.M. that Saturday, Kevin McCarthy, the Speaker of the House, denounced the anticipated indictment on both Twitter and Truth Social, calling it an outrageous abuse of power. He said that he was directing relevant committees to investigate whether Bragg might be using federal funds to subvert our democracy. At around 1P.M., the chair of the House Judiciary Committee, Jim Jordan, posted, God Bless President Trump. Real America knows this is all a sham. On Monday, Jordan and the Republican chairs of two other committeesJames Comer, of Oversight, and Bryan Steil, of House Administrationsent a letter to Bragg requesting his testimony and all documents and communications on the matter. Braggs office pushed back, and by the end of the week there was talk of subpoenas.

At that point, nobody outside of Braggs office and the room in which a grand jury has been hearing the Daniels case since January knew for sure what the exact charges against Trump might be, or whether an indictment would ever come. Trumps defenders were thus operating on political autopilot. Their task was made easier by the somewhat marginal nature of this particular case, at least in comparison with others being built against Trump.

In Georgia, Fani Willis, the district attorney for Fulton County, may soon decide whether to bring charges in her investigation of alleged attempts to steal the states electoral votes in the 2020 election. The evidence includes the notorious recording of Trump telling the Georgia secretary of state to find him enough votes to overtake Joe Biden. In Washington, D.C., Jack Smith, a special counsel, won a legal fight to compel the testimony, last week, of one of Trumps lawyers as part of his investigation into the former Presidents handling of a stash of official documents, many of them marked classified, at his Mar-a-Lago home. (The ruling relied on the crime-fraud exception to the attorney-client privilege.) Smith is also investigating Trumps role in the events leading up to the assault on the Capitol on January 6, 2021.

And so before long Trump may have to appear in multiple venues to defend himself regarding serious crimes that do relate to the subversion of our democracy. Then theres the Daniels case. Daniels says that she had consensual sex with Trump once, in 2006; a week and a half before the 2016 election, she signed a nondisclosure agreement negotiated by Michael Cohen, then a Trump lawyer. He wired her the hundred and thirty thousand dollars, using money he raised with a home-equity line of credit. Cohen has said that Trump told him to pay her and then reimbursed him, pointing to a series of checks signed by Trump, Donald Trump, Jr., and a Trump Organization executive. Trump has said that Daniels and Cohen are liars, and that hes the victim.

As squalid as the whole episode is, paying money for the silence of a former sexual partner is not necessarily a crime. But the checks were allegedly recorded as being for legal expenses, according to prosecutors in a separate case against Cohen, and New York has a law against falsifying business records. That offense is only a misdemeanor, however; to make it a felony, the falsification has to have been done to help commit or conceal another crime. Reportedly, Bragg is looking at a campaign-finance offense. Its not the simplest case, though, and theres a potential problem with combining a state business charge with a federal election charge, and with relying on testimony from Cohen, who has previously pleaded guilty to financial crimes and to lying to Congress.

Last year, Bragg declined to pursuecharges in a case related to Trumps businesses, a decision that, at the time, prompted criticism from some Democrats and the resignation of two members of the D.A.s team, one of whom wrote a book disparaging him. Republicans have seized on that dynamic. Nikki Haley, who, like Trump, is running for President, speculated that Bragg wants to get political points. Others have decided that Braggs going after Trump is actually an illustration of how Democrats are soft on crime. Former Vice-President Mike Pence, for example, said he was taken aback that Trump might be indicted at a time when theres a crime wave in New York Citythough its unclear what one has to do with the other. Pence was in Iowa when he made those remarks; he, too, is a possible challenger to Trump. He is also fighting a subpoena in Smiths January6th inquiry.

But Trump has a way of drawing people who express carefully hedged, more or less rational defenses on his behalf into the vortex of his irrational, indefensible rants. Governor Ron DeSantis, of Florida, another potential G.O.P. contender, seems to have hoped for an opportunity to differentiate himself from Trump, with remarks that deplored the possible indictment while emphasizing the terms hush money and porn star. (Ron DeSanctimonious, Trump replied.) DeSantis called Bragg a Soros-funded prosecutoronly to see Trump then call the D.A., in a Truth Social post, a SOROS BACKED ANIMAL. (George Soros gave money to a group that, in turn, supported Bragg.) Trump also accused Bragg of doing the work of Anarchists and the Devil and being a degenerate psychopath. He said that an indictment could bring death & destruction.

The Daniels imbroglio, in short, may give Republicans a deceptive view of how easy it will be for them to navigate Trumps burgeoning legal troublesto appear just loyal enough to not alienate his supporters without getting in too deep, while also scoring political points of their own. But the main defenses herethat the charges are slight, that personal behavior is being criminalized, that New York is a messwont work as well for Trump or his apologists in Georgia or in Washington. One indictment wont stop others.

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How Republicans Are Handling Trump's Possible Indictment - The New Yorker

Jim Jordan weighs bill that would keep ex-President Donald Trump from being indicted by local prosecutors – cleveland.com

WASHINGTON, D. C. - U.S. Rep. Jim Jordan is deciding whether to draft legislation that would protect former and/or current Presidents from politically motivated prosecutions by state and local officials in response to potential charges against former President Donald Trump for his role in making an alleged $130,000 hush-money payment to adult film actress Stormy Daniels.

Jordan, chairman of the House Judiciary Committee, joined the chairs of the House Administration and House Oversight and Accountability committees in a Saturday letter that reiterated an earlier demand for documents and testimony from the New York district attorney pursuing the case.

Congress has a specific and manifestly important interest in preventing politically motivated prosecutions of current and former Presidents by elected state and local prosecutors, particularly those tried before elected state and local trial-level judges, said the letter Jordan wrote with Administration chairman Bryan Steil of Wisconsin and Oversight chairman James Comer of Kentucky.

Therefore, the Committee on the Judiciary, as a part of its broad authority to develop criminal justice legislation, must now consider whether to draft legislation that would, if enacted, insulate current and former presidents from such improper state and local prosecutions, the letter said. These legislative reforms may include, for example, broadening the existing statutory right of removal of certain criminal cases from state court to federal court. Because your impending indictment of a former President is an issue of first impression, the Committees require information from your office to inform our oversight.

Jordan and the other two committee chairs last week wrote a letter to Manhattan District Attorney Alvin L. Bragg, Jr., that accused him of pursuing Trumps indictment for political reasons, calling it an unprecedented abuse of prosecutorial authority. Their letter followed a claim by Trump last week that his arrest was imminent. If Trump is arrested, legal experts say he would be the first former U.S. president to ever face criminal charges.

A few days after Jordans first letter, an attorney for Bragg responded that the inquiry amounted to federal interference with a local prosecution. The letter noted Jordans first letter came after Donald Trump created a false expectation that he would be arrested the next day and his lawyers reportedly urged you to intervene. Neither fact is a legitimate basis for congressional inquiry.

The letter from General Counsel Leslie B. Dubeck called the congressional requests an unlawful incursion into New Yorks sovereignty and said Congresss investigative jurisdiction is derived from and limited by its power to legislate concerning federal matters.

If a grand jury brings charges against Donald Trump, the DAs Office will have an obligation, as in every case, to provide a significant amount of discovery from its files to the defendant so that he may prepare a defense, it continued. It said the allegation that the DAs Office is pursuing a prosecution for political purposes is unfounded, and regardless, the proper forum for such a challenge is the Courts of New York.

Since becoming chair of the House Judiciary Committee and a new Select Subcommittee on the Weaponization of the Federal Government in January, Jordan has started probes of allegedly improper political acts by the Federal Bureau of Investigation, the Biden administrations handling of immigration and border security issues, whether the federal government improperly influenced Twitter, and whether the U.S. Air Force improperly released personnel files to Democratic political operatives, among other things.

At a weekend rally for his presidential campaign in Waco, Texas, Trump claimed political pressure from Washington, D.C. was behind the New York prosecution. He also singled out Jordan and Comer for praise.

These are great people, putting themselves at risk because they take a lot of abuse but they are doing something we have not seen in Washington in 25 years, Trump said of the pair.

Sabrina Eaton covers the federal government and politics in Washington, D.C., for Cleveland.com and The Plain Dealer. Read more of her work here.

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Jim Jordan weighs bill that would keep ex-President Donald Trump from being indicted by local prosecutors - cleveland.com

Report: Melania Trump Is Still Pissed About Stormy Daniels, Has No Sympathy About Trump Facing Prison Time – Vanity Fair

One of the most obvious takeaways from Donald Trumps time in the White Housein addition to the determination that (1) people working for him should have received hazard pay and (2) he should never be allowed within 10,000 feet of the place again, not even as a chaperone for a school tripwas that the then first lady, Melania Trump, absolutely despised him. And it appears those feelings have not changed in the two-plus years since the duo left Washington!

According to a new report, Melania remains angry at her husband over the alleged affair he had with porn star Stormy Daniels, which could result in his being indicted by the Manhattan district attorneys office at some point in the near future, thanks to the hush money he paid to keep Daniels quiet in 2016. (Though the ex-president has denied sleeping with the adult-film star, he has admitted to the $130,000 deal brokered by his former personal lawyer Michael Cohen on the eve of the 2020 election, which Trump subsequently reimbursed Cohen for during his first year in office.) And while it doesnt seem unreasonable for Melania to still be upset about her husband allegedly cheating on herjust months after she gave birth, according to Danielsher negative feelings for him apparently run so deep that she doesnt seem to give a f--k if he is criminally charged. The former first lady, a source familiar with the matter told People, wants to ignore the whole thing and hopes it will pass, but doesnt sympathize with Donalds plight.

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Not only that, but, according to the same source, the former FLOTUS really wouldnt be put out in the slightest if her spouse did time behind bars. Melania loves the beautiful weather and resort town atmosphere of Palm Beach, this person told reporter Linda Marx. She is happy when she is in Palm Beach. She has her son and other close family members. They are tribe-like and usually stick together. Despite what happens to Donald, she will be fine. She is well taken care of.

In related news, it appears that at least two other family members wont be holding any press conferences to decry the potential charges or claim Trump is the victim of witch hunt. According to the New York Post, former senior presidential advisers Ivanka Trump and Jared Kushner want nothing to do with this. They are staying away and dont want to be hounded by reporters. I dont think you will see them defending himit will be no comment. (In November, despite his reported begging, Ivanka declined to show up when her father announced his third bid for office, later saying in an official statement that she would not participate in his campaign.)

Obviously, this all stands in contrast to the online ravings of Donald Trump Jr., who seems prepared to chain himself to the door of the Manhattan DAs office until prosecutors agree to leave his dad alone.

No word from Eric Trump, though his stance is presumably somewhat more in line with Don Jr.s Dont worry, Dad, Im going to sneak you out through the prison tunnel system! vibe than his stepmothers POV.

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Report: Melania Trump Is Still Pissed About Stormy Daniels, Has No Sympathy About Trump Facing Prison Time - Vanity Fair