Archives for February 2024

Aftermath of the Trump Administration, February 2024

 

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Thursday, 1 February 2024:

 

Special counsel Jack Smith questioned witnesses about 2 rooms FBI didn’t search inside Trump’s Mar-a-Lago residence. Sources said the FBI missed the rooms in their search for classified documents. ABC News, Katherine Faulders, Mike Levine, and Alexander Mallin, Thursday, 1 February 2024: “Special counsel Jack Smith’s team has questioned several witnesses about a closet and a so-called ‘hidden room’ inside former President Donald Trump’s residence at Mar-a-Lago that the FBI didn’t check while searching the estate in August 2022, sources familiar with the matter told ABC News. As described to ABC News, the line of questioning in several interviews ahead of Trump’s indictment last year on classified document charges suggests that — long after the FBI seized dozens of boxes and more than 100 documents marked classified from Trump’s Mar-a-Lago estate — Smith’s team was trying to determine if there might still be more classified documents there. According to sources, some investigators involved in the case came to later believe that the closet, which was locked on the day of the search, should have been opened and checked. As investigators would later learn, Trump allegedly had the closet’s lock changed while his attorney was in Mar-a-Lago’s basement, searching for classified documents in a storage room that he was told would have all such documents. Trump’s alleged efforts to conceal classified documents from both the FBI and his own attorney are a key part of Smith’s indictment against Trump in Florida.”

Allen H. Weisselberg, Trump’s Former Finance Chief, Is in Negotiations to Plead Guilty to Perjury. Weisselberg would admit to lying on the stand during the former president’s civil fraud trial, according to people familiar with the talks. The New York Times, William K. Rashbaum, Jonah E. Bromwich, and Ben Protess, Thursday, 1 February 2024: “Allen H. Weisselberg, a longtime lieutenant to Donald J. Trump, is negotiating a deal with Manhattan prosecutors that would require him to plead guilty to perjury, people with knowledge of the matter said. As part of the potential agreement with the Manhattan district attorney’s office, Mr. Weisselberg would have to admit that he lied on the witness stand in Mr. Trump’s recent civil fraud trial, the people said. Mr. Weisselberg, the former chief financial officer at Mr. Trump’s family business, also would have to say that he lied under oath during an interview with the New York attorney general’s office, which brought the civil fraud case.”

 

Friday, 2 February 2024:

 

Fani Willis, Prosecutor in Trump Georgia Case, Admits Relationship With Colleague. Willis said her relationship with Nathan Wade did not begin until after she hired him and argued that it should not disqualify her. The New York Times, Richard Fausset and Danny Hakim, Friday, 2 February 2024: “Fani T. Willis, the district attorney prosecuting the Georgia election interference case against former President Donald J. Trump, acknowledged on Friday a ‘personal relationship’ with a prosecutor she hired to manage the case but argued that it was not a reason to disqualify her or her office from it. The admission came almost a month after allegations of an ‘improper, clandestine personal relationship’ between the two surfaced in a motion from one of Mr. Trump’s co-defendants. The motion seeks to disqualify both prosecutors and Ms. Willis’s entire office from handling the case — an effort that, if successful, would likely sow chaos for an unprecedented racketeering prosecution of a former president. ‘While the allegations raised in the various motions are salacious and garnered the media attention they were designed to obtain, none provide this Court with any basis upon which to order the relief they seek,’ Ms. Willis’s filing said, adding that her relationship with the prosecutor, Nathan J. Wade, ‘has never involved direct or indirect financial benefit’ to Ms. Willis. The filing included an affidavit from Mr. Wade asserting that the relationship started only after Mr. Wade had been hired.” See also, Fani Willis admits relationship with prosecutor on Trump Georgia case, The Washington Post, Holly Bailey and Amy Gardner, Friday, 2 February 2024: “Fulton County District Attorney Fani T. Willis (D) acknowledged that she had a personal relationship with an outside prosecutor she appointed to manage the election interference case against former president Donald Trump and his allies. But she denied claims that the relationship had tainted the proceedings. In a 176-page court filing on Friday, Willis called the claims against her ‘meritless’ and ‘salacious.’ She asked a judge to reject motions from Trump and other co-defendants that seek to disqualify her and her office from the case — and to do so without an evidentiary hearing. Willis denied claims of misconduct and said there was no evidence that the relationship between her and special prosecutor Nathan Wade had prejudiced the case. The filing included a sworn affidavit from Wade, who said there was ‘no personal relationship’ between him and Willis ‘prior to or at the time’ he was appointed. Wade’s affidavit said that in 2022 he and Willis ‘developed a personal relationship in addition to our professional association and friendship.’ The filing did not say whether that personal relationship is ongoing. Wade also denied that his role had financially benefited Willis. Mike Roman, the Trump co-defendant who first leveled allegations of misconduct, accused Wade of paying for ‘lavish’ vacations with Willis. Wade said in his affidavit that the two had split travel expenses ‘equally.’ An attached exhibit includes receipts for airline tickets for a trip to Miami in December 2022 that Willis bought for herself and Wade.”

Judge Tanya Chutkan Scraps 4 March Trial Date for Trump Election Subversion Case. Chutkan removed the planned 4 March start from her calendar, formalizing a delay that had become increasingly likely in recent weeks. It remains unclear when the trial might start. The New York Times, Alan Feuer, Friday, 2 February 2024: “The federal judge overseeing former President Donald J. Trump’s prosecution on charges of plotting to overturn the 2020 election issued an order on Friday scrapping the March 4 trial date for the case. The order by Judge Tanya S. Chutkan was a formal confirmation of what had seemed fairly obvious for weeks. It came after she had made a series of hints that she was going to delay the trial as Mr. Trump pursues an effort to have the underlying charges tossed out with an argument that he enjoys complete immunity from prosecution. In her order, Judge Chutkan said that she would set a new date for the proceeding in Federal District Court in Washington ‘if and when’ Mr. Trump’s immunity claims are resolved. The immunity claims are now in front of a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, which has been mulling the issue since oral arguments were heard on Jan. 9. The panel, which expressed skepticism about Mr. Trump’s position, has yet to return a decision after setting an extremely aggressive schedule for briefings to be filed. Judge Chutkan’s decision to delay the trial was the latest twist in an ongoing and often bitter struggle between Mr. Trump’s lawyers and prosecutors working for the special counsel, Jack Smith, over the timing of the proceeding.” See also, After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision. The implications have started coming into focus with the scrapping of March 4 as the start date for the former president’s federal trial on charges of trying to overturn the 2020 election. The New York Times, Alan Feuer and Charlie Savage, published on Saturday, 3 February 2024. See also, Trump’s D.C. trial removed from March calendar, clearing way for New York case. Administrative move comes as anticipation mounts over how – and when – an appeals court will decide former president’s claim of immunity from criminal prosecution. The Washington Post, Spencer S. Hsu and Rachel Weiner, Friday, 2 February 2024: “Former president Donald Trump’s March 4 trial date on charges of plotting to overturn the results of the 2020 election in D.C. has been taken off the calendar, a formal acknowledgment of what has long been anticipated — that his claim of presidential immunity from criminal prosecution would delay his trial while it remains on appeal.” See also, Federal judge in DC postpones Trump’s March trial on charges of plotting to overturn 2020 election, Associated Press, Eric Tucker, Friday, 2 February 2024: “A federal judge in Washington formally postponed Donald Trump’s March trial on charges of plotting to overturn the 2020 election as a key legal appeal from the former president remains unresolved in the courts. U.S. District Judge Tanya Chutkan on Friday vacated the March 4 trial date in the case brought by Justice Department special counsel Jack Smith but did not immediately set a new date. The move opens the door for a separate prosecution in New York, charging Trump in connection with hush money payments to a porn actor, to proceed first. That case has long been seen as arguably the least legally perilous of the four indictments Trump faces, with the alleged misconduct less grave than accusations of mishandling classified documents or plotting to subvert a presidential election. The postponement in Washington comes as a federal appeals court has yet to resolve a pending appeal from Trump arguing that he is immune from prosecution for actions he took in the White House. It is not clear when the three-judge panel might rule, but a ruling in favor of prosecutors that permits the case to move forward is expected to be appealed by the Trump team, likely resulting in additional delays.”

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