Connect with us

News

Legal Experts Respond to Report Trump Attorneys Now Preparing Criminal Defense: ‘Would Have Started 18 Months Ago’

Published

on

Legal experts are weighing in on news that attorneys for Donald Trump are “increasingly anxious” and starting to prepare for possible criminal charges against the former president.

“Members of the Trump legal team are quietly preparing, in the event charges are brought,” a person “familiar with the situation” told Rolling Stone in a report published Sunday night. “It would be career malpractice not to. Do the [former] president’s attorneys believe everything Cassidy [Hutchinson] said? No … Do they think the Department of Justice would be wise to charge him? No. But we’ve gotten to a point where if you don’t think criminal charges are at least somewhat likely, you are not serving the [former] president’s best interests.”

Rolling Stone adds that “Trump’s team has discussed strategies that involve shifting blame from Trump to his advisors for the efforts to overturn the election, per the three sources, reflecting a broader push to find a fall fall-guy — or fall-guys.”

READ MORE: George Conway: Donald Trump Engaged in a ‘Multi-Faceted Criminal Conspiracy’

One source said: “Trump got some terrible advice from attorneys who, some people would argue, should have or must have known better.”

“An ‘advice of counsel’ defense would be a big one,” they added.

The Rolling Stone report also suggests Trump has been aware of the possibility of charges for some time.

“Trump also seems keenly aware of the blowback that could result from a federal indictment — and is telling supporters it could be politically advantageous. Early this year, the former president told fans at a Texas rally that if prosecutors go after him, ‘we are going to have in this country the biggest protest we have ever had…in Washington, D.C., in New York, in Atlanta and elsewhere,'” the report states.

READ MORE: Georgia Election Investigation ‘Will Send Donald Trump to Jail’: Former Watergate Prosecutor

Top national security attorney Bradley Moss commented on Trump’s attorneys beginning to work on his criminal defense: “I would have started that work 18 months ago but that’s me.”

Attorney George Conway, spouse to former top Trump advisor Kellyanne Conway, appeared to weigh in hours after pointing to the Rolling Stone report.

“There is nothing in the statute books or in the DOJ prosecution manual or in criminal law generally that says incompetent and unsuccessful criminal conspiracies don’t get prosecuted. The nation’s prisons are filled with maladroit miscreants. Tfg would be perfectly at home.”

He also pointed to a June tweet from former U.S. Attorney Joyce Vance, now a law professor and MSNBC/NBC News legal analyst.

READ MORE: ‘Clear and Present Danger’: Conservative Former Judge Testifies Donald Trump and Allies Are Threat to Democracy (Video)

“I’ve prosecuted many an incompetent conspiracy. You don’t get a pass for that,” she wrote.

And at one point Conway mocked, “I’ve always envisioned him making defective license plates.”

Retired and noted Harvard Law School law professor Laurence Tribe, who wrote a major book on the Constitution, focused on the portion of the report that mentions “a broader push to find a fall fall-guy — or fall-guys.”

He writes: “Who’d be surprised?”

Former federal prosecutor Renato Mariotti says, “Obviously, since Trump is the subject of a federal criminal investigation, his lawyers are beginning to consider what his defense would be. I don’t find this news surprising.”

University of California, Berkeley, School of Law law professor Orrin Kerr, also focusing on the “fall guy” portion of the report, appeared to mock the former president.

“After all the top lawyers and officials I had appointed told me this was illegal, I looked around and found *someone* with a bar membership willing to tell me what I was going to do was not obviously illegal, and I relied on them on the advice of counsel.”

Katie S. Phang, an anchor and Legal Contributor at NBC and MSNBC, offered a colorful response.

“Trump is going to allege a Covfefe Conspiracy between everyone else, but him. Hey Meadows, Giuliani, Eastman, Clark, et al.: buckle up because you’re about to go through some things.”

 

Image: Official White House Photo by Tia Dufour

 

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Trump Lawyers in Classified Docs Case Quit Hours After Indictment: Report

Published

on

Attorneys representing Donald Trump in the U.S. Dept. of Justice’s prosecution of the former president on what reportedly are seven categories of federal felonies have resigned from representing him, just hours after a grand jury indicted their client.

“Two lawyers who represented Donald Trump in the months before he was indicted on federal charges over his handling of classified documents quit working for him Friday morning,” CNBC reports.

“This morning we tendered our resignations as counsel to President Trump, and we will no longer represent him on either the indicted case or the January 6 investigation,” Trump attorneys Jim Trusty (photo) and John Rowley said in a joint statement, according to CNN’s Alayna Treene.

“The attorneys,” CNBC also reported, “did not explain in detail why they had resigned, other than to say that ‘this is a logical moment’ to do given his indictment Thursday in U.S. District Court in Miami.”

READ MORE: ‘Disgraced’ Trump-Appointed Florida Judge Initially Assigned to Oversee Ex-President’s Criminal Case: Report

The Guardian’s Hugo Lowell reports, “Trump announces on Truth Social that Todd Blanche will be his criminal defense attorney in the Mar-a-Lago docs case with another firm yet to be named. Jim Trusty and John Rowley are out.”

This is far from the first time Trump’s lawyers have quit.

Less than one month ago, as Alternet reported, “Timothy Parlatore, an attorney for Donald Trump, made a major announcement on Wednesday, May 17: He is leaving the former president’s legal team.”

Trusty appeared on CNN just Thursday night, to defend Trump.

Watch video below or at this link.

This is a breaking news and developing story. Details may change. 

Continue Reading

News

‘Disgraced’ Trump-Appointed Florida Judge Initially Assigned to Oversee Ex-President’s Criminal Case: Report

Published

on

A federal judge whose highly-controversial rulings favoring Donald Trump were derided by legal experts and judges on a higher court, has been initially assigned to the U.S. Dept. of Justice’s criminal case against the ex-president, who appointed her to the bench three years ago.

Judge Aileen Cannon, known for agreeing to Trump’s request by assigning a special master to review the entirety of federal government documents the FBI retrieved from Mar-a-Lago last summer during the execution of a search and seizure warrant will, at least for now, oversee the government’s case allegedly charging Donald Trump with seven different felony categories in its classified documents probe, according to ABC News.

“The summons sent to former President Donald Trump and his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter,” ABC News reports.

READ MORE: Trump Lawyers Blindsided by Existence of Bombshell Recording – ‘They Don’t Know How to Defend This’: Maggie Haberman

“Cannon’s apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2019, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence – which may include prison time – for the man who elevated her to the role.”

Cannon, agreeing to Trump’s request to appoint a special master last September, also halted the Dept. of Justice’s use of those materials, which included at least one hundred classified documents, in its criminal investigation into Trump.

Harvard University professor emeritus of constitutional law, Laurence Tribe, called Judge Cannon’s special master decision “utterly lawless,” and said: “She has disgraced her position as an Article III judge.”

ABC News notes that “Legal experts [had] accused Cannon of handing Trump a series of head-scratching victories over the course of those proceedings,” and added, “Cannon’s order was ultimately thrown out in its entirety by an 11th Circuit Court of appeals panel, which found she overstepped in exercising her jurisdiction in the probe.”

The 11th Circuit issued a scathing rebuke of Judge’ Cannon’s decision to appoint the special master. One week later, without explanation or reasoning, she overruled the special master’s decision and extended deadlines – decisions which favored Donald Trump.

RELATED: ‘Pure Essence of Judicial Corruption’: Morning Joe Panelists ‘Stunned’ by Cannon’s Ruling on Classified Docs

Cannon is not the only judge whose name appears on the summons.

“In addition to Cannon, Magistrate Judge Bruce Reinhart’s name also appeared on the summons sent to Trump on Thursday, the sources said,” ABC adds. “Reinhart, who was sworn in as a magistrate judge in 2018, is also familiar with the proceedings against Trump: he signed off on the initial search warrant of Mar-a-Lago last year and later ruled to unseal the search affidavit – decisions that made him the target of antisemitic jabs on the internet.”

The New York Times in August of last year reported, “in a segment on Fox News, a host showed a manipulated photo that appeared to show Judge Reinhart seated on a plane with Ghislaine Maxwell, Mr. [Jeffrey] Epstein’s companion who had been convicted last year of aiding Mr. Epstein in sexually abusing minors.”

Brian Kilmeade, the Fox News host, the following day tweeted: “Last night while subbing for Tucker Carlson, we showed you an image of Judge Bruce Reinhart w/ Ghislaine Maxwell that was sourced on screen to a meme pulled from Twitter & wasn’t real. This depiction never took place & we wanted to make clear that we were showing a meme in jest.”

READ MORE: SCOTUS ‘Surprise’ Voting Rights Decision Could – and Did – Have Big Implications for Democrats, Legal Experts Say

The Times noted “the scrutiny of Judge Reinhart has also prompted the local authorities to step up security. His synagogue canceled a Friday night Shabbat service last week in response to multiple antisemitic threats, and the police in his neighborhood said officers had intensified patrols near his house.”

Professor of Law Joyce Vance, an NBC News/MSNBC contributor and former U.S. Attorney responded to the news of Cannon’s assignment. Pointing to an earlier case as precedent, Vance says: “This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th [Circuit] won’t tolerate the damage it would do to their credibility if she failed to voluntarily recuse.”

Continue Reading

News

Trump Lawyers Blindsided by Existence of Bombshell Recording – ‘They Don’t Know How to Defend This’: Maggie Haberman

Published

on

CNN on Friday morning obtained a bombshell transcript of a recording in which former President Donald Trump boasts of retaining “secret” military information that he never declassified while he was president.

Appearing on CNN shortly after this news broke, New York Times reporter Maggie Haberman revealed that the former president’s team was essentially blindsided by this recording’s existence.

“I don’t think they quite know how to defend this… from what we have heard,” she said. “They were… startled by the existence of this tape. This tape was something that they learned existed when this aide to Trump testified. The prosecutors were already in possession of this tape. They didn’t get it from the aide, although it appears the aide had a copy when it was subpoenaed later, but this is has been described to us by multiple sources… as a really problematic piece of evidence for Trump.”

Haberman predicted that the recording’s existence would not change the Trump legal team’s overall defense strategy, however.

READ MORE: ‘He’s just not that smart’: Trump buried by Morning Joe for handing investigators all they need

“I think they are going to stick that their line: ‘He says things, he didn’t mean it a certain way,'” she said. “I am sure they can come up with all kinds of explanations for why he used the language he used. But it’s on tape.”

Trump is due in court in Miami next week to face seven felony counts related to his handling of top-secret government documents.

Watch the video below or at this link.

 

Image via Shutterstock

Continue Reading

Trending

Copyright © 2020 AlterNet Media.