U.S. District Judge Aileen Cannon on Thursday overruled the special master Donald Trump’s legal team chose and she installed, deciding to change the deadlines he set, delaying the case and DOJ’s work for months, and overruling his decisions.
Specifically, Judge Cannon ruled Trump and his attorneys do not have to make any statements to support the former president’s baseless claims that the FBI “planted” documents or other evidence.
“Judge Cannon overrules the order by her special master that would have forced Trump’s lawyers to lodge objections to the accuracy of the DOJ’s inventory, effectively forcing him to prove his ‘planting claims,'” Law & Crime managing editor Adam Klasfeld reports. “Trump doesn’t need to do that any more, she rules.”
“Upon review of the matter,” Cannon writes in her order Thursday, “the Court determines as follows. There shall be no separate requirement on Plaintiff [Trump] at this stage, prior to the review of any of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendant’s Inventory, its descriptions, or its contents. The Court’s Appointment Order did not contemplate that obligation.”
Legal experts are stunned by Cannon’s latest move.
The Nation’s justice correspondent Elie Mystal writes: “Trump Judge Cannon trying to preserve the white wing talking point without forcing Trump to prove it. She’s in too deep now. She has to ride Trump all the way and hope he wins and promotes her.”
Civil liberties and national security journalist Marcy Wheeler says, “Judge Cannon unilaterally rewrites HER OWN deadlines to make sure that her Trumpy doesn’t have to commit until after the election. Holy hell this woman has no shame.”
Over at her site, Wheeler expands her thoughts.
“Aileen Cannon, without explaining why she was intervening, just rewrote Judge Raymond Dearie’s work plans regarding the Special Master review,” Wheeler says, calling it “an obvious power grab to ensure her own intervention doesn’t backfire on Trump.”
“With no justification (particularly given the way Dearie has ceded to multiple issues Trump has raised), and after having been scolded by the 11th Circuit for her improper claims of jurisdiction, she effectively just eliminated any claim that the Special Master Trump picked and she appointed is a neutral observer.”
“Cannon is shamelessly acting as Trump’s defense attorney. If you are a reporter, that’s what your story is. If you’re not a reporter, that’s also what your story is,” she warns. “At the very least fact check this woman.”
Slate senior writer Mark Joseph Stern, who has authored a book on the Supreme Court, says, “Cannon was shameless enough to overrule the special master, because she is not a real judge.
Former General Counsel of the Federal Bureau of Investigation (FBI) and well-known MSNBC legal analyst Andrew Weissmann calls Cannon “a disgrace.”
“Oy- Judge Cannon tinkers badly with (and with typos) Judge Dearie’s scheduling order, relieving Trump of obligation to say whether docs were planted, even though she had wanted a clear inventory of what was found. She is such a disgrace.”
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Peter Navarro, Former Top Trump White House Advisor, Guilty of Criminal Contempt
Peter Navarro, the controversial economist and former top Trump White House advisor, was found guilty by a jury on two counts of criminal contempt of Congress Thursday afternoon after a short trial that began on Tuesday.
Navarro refused to comply with a congressional subpoena issued by the U.S. House Select Committee on the January 6 Attack.
Legal experts had predicted a “quick conviction” after Navarro, called a “conspiracy theorist” who promotes “fringe” economic theories, had called no witnesses. The jury deliberated for under five hours. He faces up to two years in prison.
“The defendant chose allegiance to former President Trump over compliance with a subpoena,” Assistant U.S. Attorney Elizabeth Aloi told the jury Thursday, as Politico reported. “The defendant chose defiance.”
“Our government only works when people play by the rules and it only works when people are held accountable when they do not,” Aloi also said, during closing arguments. “When a person intentionally and deliberately chooses to defy a congressional subpoena, that is a crime.”
Politico reported earlier that “ Navarro has long claimed that Trump told him to defy the committee’s Feb. 9, 2022 subpoena and assert executive privilege, a demand he said conferred immunity from having to cooperate with Congress’ investigation.”
“There’s no mistake, no accident,” prosecutor John Crabb told jurors, NBC News adds.
“That man thinks he’s above the law,” Crabb said. “In this country, nobody is above the law.”
‘Look for a Quick Conviction Here’: Navarro Jury Could Reach a Verdict ‘Early This Afternoon’
Peter Navarro‘s criminal contempt of Congress trial is moving quickly and the jury may come to a verdict as early as this afternoon, court watchers say.
Navarro, who has been called a “conspiracy theorist” who holds “fringe” and “oddball” economic views, is a former top Trump White House aide. He advanced “Big Lie” election fraud claims and refused to comply with a February, 2022 subpoena issued by the U.S. House Select Committee on the January 6 Attack. He was criminally indicted in June of 2022 by a federal grand jury.
The trial began Tuesday in D.C. federal court.
Just before 11 AM Thursday the case was handed to the jury, Politico’s Kyle Cheney reports.
“Given the brevity of the case, a verdict is highly likely in the next few hours,” Cheney adds, noting: “If convicted, he faces up to one year on each of two counts — one for refusing to testify, one for refusing to provide docs.”
“Navarro has long claimed that Trump told him to defy the committee’s Feb. 9, 2022 subpoena and assert executive privilege, a demand he said conferred immunity from having to cooperate with Congress’ investigation,” Politico reports. “For months, U.S. District Court Judge Amit Mehta wrestled with intricate questions about how executive privilege might apply to a former adviser to a former president, whether Navarro’s belief that Trump had invoked the privilege constituted a defense to the charges and how the Justice Department’s decision to charge him compares with its longstanding views of immunity for some senior executive branch officials from compelled congressional testimony.”
Wednesday evening, former top DOJ official Harry Litman noted, “Peter Navarro evidence already done, closing arguments tomorrow. Basically, it’s an incredibly simple case — he knew he had to comply with the subpoena, and he still thumbed his nose at it.”
Adding the the government called three witness but “Navarro called nobody,” Litman predicted: “Look for a quick conviction here.”
‘How Much the Former President Should Pay Her’: Judge Hands Trump Big Loss in E. Jean Carroll Case
U.S. District Judge Lewis Kaplan handed journalist E. Jean Carroll a win on Wednesday in her remaining case against Donald Trump, after the journalist’s attorneys hit hard against the ex-president’s request for a stay of her original civil trial against him for defamation, which was slated for January.
Judge Kaplan on Wednesday ruled Trump is liable for defamation over remarks he made against Carroll in 2019, after she publicly accused him of rape years prior, CNBC reports. A jury in May award Carroll $5 million in a separate civil trial, finding the ex-president liable for sexual abuse and defamation.
Handing Carroll “partial summary judgment,” Judge Kaplan “said the upcoming trial for Carroll’s civil lawsuit against Trump will only deal with the question of how much the former president should pay her in monetary damages.”
That closely aligns with remarks last month made by Carroll’s attorney, Robbie Kaplan, who said, “the January 15th jury trial will be limited to a narrow set of issues and shouldn’t take very long to complete.”
“E. Jean Carroll looks forward to obtaining additional compensatory and punitive damages based on the original defamatory statements Donald Trump made in 2019,” Kaplan said, as NPR reported.
On Wednesday in a motion Carroll’s attorneys had warned the judge that Carroll “faces continuing defamatory attacks from Trump,” while requesting the judge not grant the ex-president’s motion for a stay of the upcoming January trial.
After her May win at trial, speaking to CNN about the verdict, Carroll said Trump indeed had raped her: “Oh, yes he did.”
Trump filed a counter defamation lawsuit, but the judge denied his claim, agreeing with Carroll, and saying, “Mr. Trump ‘raped her,’ albeit digitally rather than with his penis.”
“In fact, both acts constitute ‘rape’ in common parlance, its definition in some dictionaries, in some federal and state criminal statutes, and elsewhere.”
Former U.S. Attorney Joyce Vance, now a professor of law and MSNBC/NBC News legal analyst on Wednesday posted the motion from Carroll’s attorneys and wrote: “lawyers for @ejeancarroll have filed a motion opposing Trump’s efforts to stay his January defamation trial (only damages are left to be determined) pending appeal. Knives out, but Trump deserves it for trying to abuse the legal process to avoid accountability.”
Carroll’s attorneys wrote that Trump’s “motion for a stay ignores virtually the entire factual and procedural history of this four-year-old case and barely responds to Judge Kaplan’s decision denying such relief. That is no coincidence,” they said.
They accused Trump of “procedural gamesmanship,” called his points “meritless,” and said that when tested, “Trump’s position collapses.” They later called Trump’s position “frivolous.”
Trump would not “face substantial injury if he were denied a stay,” they said, and called the “harms that he describes … mainly self-inflicted.”
They also claimed “his objections to a short trial in January 2024 ring hollow based on his own litigation conduct. Indeed, Trump expressly requested an expedited trial in this case less than six months ago, and changed his mind only after an adverse verdict in a related matter.”
“In contrast, Plaintiff-Appellee E. Jean Carroll, who is 79 years old and faces continuing defamatory attacks from Trump, would suffer significant harm from a stay and such an order would also undermine core public interests,” they wrote. “This Court should therefore deny Trump’s motion for a stay.”
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