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‘Your Client Is a Criminal Defendant’: Judge Denies Trump Request to Skip Trial for SCOTUS

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Barely hours after New York State Supreme Court Judge Juan Merchan gave Donald Trump the same set of rules requiring him to appear in court as all other criminal defendants, the ex-president’s attorney requested his client be allowed to skip trial next Thursday to attend the U.S. Supreme Court arguments on his immunity claim.

“If you do not show up there will be an arrest,” Judge Merchan had told Trump Monday at the start of his criminal trial, according to MSNBC’s Jesse Rodriguez. Trump is facing 34 felony charges for falsification of business records related to his alleged attempts to cover up hush money payments in an effort to protect his 2016 presidential campaign.

Judge Merchan had read from the same rules that apply to all defendants, but right at the end of day one of trial Trump attorney Todd Blanche made his request.

MSNBC’s Lisa Rubin reports, “after the potential jurors are gone, the fireworks start after Blanche asks Merchan to allow Trump to attend the SCOTUS argument on presidential immunity next Thursday, 4/25.”

READ MORE: ‘What Will Happen in the Situation Room?’: Trump Appearing to Sleep in Court Fuels Concerns

“The Manhattan DA’s office opposes the request, saying they have accommodated Trump enough,” MSNBC’s Katie Phang adds, citing Rubin’s reporting.

Judge Merchan “acknowledges a Supreme Court argument is a ‘big deal,’ but says that the jury’s time is a big deal too. Blanche says they don’t think they should be here at all, suggesting that the trial never should have been scheduled during campaign season.”

“That comment appeared to trigger Merchan, who asked, voice dripping with incredulity, ‘You don’t think you should be here at all?'” Rubin writes.

“He then softly asks Blanche to move along from that objection, on which he has already ruled. Merchan then got stern, ruling that Trump is not required to be at SCOTUS but is required, by law, to attend his criminal trial here.”

“Your client is a criminal defendant in New York. He is required to be here. He is not required to be in the Supreme Court. I will see him here next week,” Judge Merchan told Blanche, CBS News’ Scott MacFarlane reported.

That was not the only request Trump’s attorneys made to have their client excused from the criminal proceedings.

Lawfare managing editor Tyler McBrien reports, “Blanche says that the campaign has taken pains to schedule events on Wednesdays and asks Merchan if Trump be excused from any hearings that take place on Wednesdays, when the jury is in recess. Merchan says he will take this into consideration.”

READ MORE: ‘Scared to Death’: GOP Ex-Congressman Brings Hammer Down on ‘Weak’ Trump

Blanche also asked Judge Merchan to allow Trump to skip trial to attend his son Barron’s high school graduation. While the judge has yet to rule, Trump told reporters at the end of day one of trial, “it looks like the judge will not let me go to the graduation.”

The judge told Trump, “I cannot rule on those dates at this time.”

But Trump told reporters, “It looks like the judge isn’t going to allow me to escape this scam, it’s a scam trial.”

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Trump Appears to Violate Gag Order After Judge Threatened ‘Incarceration’

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Despite New York Supreme Court Justice Juan Merchan explicitly warning Donald Trump last week that any future violations of his gag order could result in jail time, the ex-president appears to have done so directly on Thursday.

“A lead person from the DOJ is running the trial,” Trump claimed, obviously referring to prosecutor Matthew Colangelo, as Law & Crime reports.

“So Biden’s office is running this trial. This trial is a scam and it’s a sham and it shouldn’t happen,” Trump told reporters outside the courtroom.

Judge Merchan’s gag order specifically prohibits trump from attacking anyone in District Attorney Alvin Bragg’s office, except for the D.A. himself.

“Colangelo, a lead prosecutor in the case, was criticized one day earlier by Trump ally Rep. Jim Jordan, R-Ohio, largely raising the same complaints that Trump repeated outside of court,” Law & Crime noted.

READ MORE: ‘Ready to Start Another Insurrection’: Gaetz Support for Trump Echoes Proud Boys Order

The gag order explicitly states Trump is “directed to refrain from”:

“Making or directing others to make public statements about known or reasonably foreseeable witnesses concerning their potential participation in the investigation or in this criminal proceeding; Making or directing others to make public statements” about attorneys “in the case other than the District Attorney,” “members of the court’s staff and the District Attorney’s staff, or the family members of any counsel or staff member” or “any prospective juror or any juror in this criminal proceeding.”

Ten days ago Merchan wrote in his order: “Defendant is hereby put on notice that if appropriate and warranted, future violations of its lawful orders will be punishable by incarceration.”

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‘Ready to Start Another Insurrection’: Gaetz Support for Trump Echoes Proud Boys Order

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House Republicans’ efforts to demonstrate unwavering support for Donald Trump as he stands trial in his election subversion, business records falsification, and “hush money” trial are growing, with GOP lawmakers showing up at trial and reading speeches reportedly written or edited by him that may violate the indicted ex-president’s gag order, and even pausing a House hearing so members can travel to the Manhattan Criminal Courts Building to appear behind Trump, literally and figuratively.

U.S. Rep. Matt Gaetz (R-FL), a self-professed “ultra-MAGA” lawmaker, came under fire Thursday after posting support for Trump in words that echo the ex-president’s direction to the far-right neo-fascist group the Proud Boys. The Southern Poverty Law Center lists the Proud Boys as an extremist hate group.

During the 2020 presidential debates, Donald Trump got into a heated exchange with moderator Chris Wallace and Democratic presidential nominee Joe Biden. Wallace asked Trump to condemn white supremacists, but the ask quickly became directed toward the Proud Boys, as this clip from Politico shows:

“Proud Boys, stand back and stand by,” quickly became a rallying cry for the Proud Boys, who went on to have leading roles in the January 6, 2021 insurrection. Four Proud Boys leaders were later convicted of seditious conspiracy, as the U.S. Dept. of Justice announced.

READ MORE: ‘Chop Them Up, Distort Them’: White House Slams ‘Improper Threats’ as It Blocks Hur Tapes

On Thursday, Congressman Gaetz posted to his social media account a photo of him standing behind Trump at the courthouse, with these words: “Standing back and standing by, Mr. President.”

“Just seeing here that Matt Gaetz [made] an overt allusion to Donald Trump’s Sept. 2020 command to the Proud Boys here (some of whom are now in prison for taking that comment as a call to action on Jan. 6),” noted Politico senior legal affairs reporter Kyle Cheney.

Reuters’ Nathan Layne, remarking on Gaetz’s post, wrote: “Last year former Proud Boys leader Enrique Tarrio was sentenced to 22 years in prison. He had been convicted of seditious conspiracy for orchestrating the attack on the Capitol.”

Critics expressed concern and outrage.

“They’re ready to start another insurrection,” warned national security attorney Brad Moss.

Condé Nast Legal Affairs Editor Luke Zaleski observed, “The insurrection is coming from inside The House.”

Attorney Robert J. DeNault remarked, “Lead Proud Boy Matt Gaetz reminds us all that he will work with Donald Trump to employ violence and crime to hold onto power.”

Watch the video and read Gaetz’s post above or at this link.

READ MORE: ‘Long History of Playing Games’: Biden Campaign Shuts Down Trump’s Tantrum

 

 

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‘Chop Them Up, Distort Them’: White House Slams ‘Improper Threats’ as It Blocks Hur Tapes

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As House Republicans move to hold Attorney General Merrick Garland in contempt for refusing to hand over the audio tapes of Special Counsel Robert Hur’s interviews with President Joe Biden, the White House Counsel has notified two House committee chairmen President Biden is invoking executive privilege on those tapes.

“The absence of a legitimate need for the audio recordings lays bare your likely goal—to chop them up, distort them, and use them for partisan political purposes,” White House Counsel Edward Siskel wrote in his letter to Republican Chairmen Jim Comer and Jim Jordan, as Politico reported. “Demanding such sensitive and constitutionally-protected law enforcement materials from the Executive Branch because you want to manipulate them for potential political gain is inappropriate.”

Siskel also reminded the chairs that the Dept. of Justice has already provided them with the transcripts of the interviews, and noted “the Attorney General has warned that the disclosure of materials like these audio recordings risks harming future law enforcement investigations by making it less likely that witnesses in high-profile investigations will voluntarily cooperate.”

The White House Counsel also unleashed strong criticism of the House chairmen’s prior actions, as proof of what he says is their likely goal.

READ MORE: ‘Might Use it to Vote’: Kudlow and Blackburn Fearmonger Biden Giving Undocumented Green Cards

“Rather than demonstrating respect for the rule of law, this contempt proceeding is just the latest in the Committees’ damaging efforts to undermine the very independence and impartiality of the Department of Justice and criminal justice system that President Biden seeks to protect. Your subpoenas and contempt threats come in the wake of the Committees’ efforts to go after prosecutors you do not like, attack witnesses in cases you disapprove of, and demand information from ongoing investigations and prosecutions, despite longstanding norms that these law enforcement processes should be allowed to play out free from such political interference.”

House Republicans for the past week have taken rotating shifts to show support for indicted ex-president Donald Trump at the courthouse where his trial on 34 felony charges is being held. House and Senate Republicans, and even the Speaker of the House, at various times have attacked the judicial system, witnesses, the judge, his daughter, and the District Attorney.

Siskel closes his letter with an apparent accusation of “improper threats.”

“The President will continue to protect the rule of law, and his Administration will continue to work in good faith to accommodate Congress’s legitimate interests, while standing up to improper threats to the independence of the nation’s justice system.”

READ MORE: Johnson Promotes Making ‘Crime a Crime Again’ After Standing Up for Trump at Courthouse

Attorney General Garland appointed Robert Hur, a former Trump-era U.S. Attorney, to become a special counsel and head the investigation into President Biden’s mishandling of classified documents when he was a Vice President. While Hur found no evidence of criminal conduct and declined to press charges, his highly-controversial and, according to Democrats, highly-politicized 345-page report, was fodder for the media and congressional Republicans for weeks.

At one point in the report Hur described President Biden as “a well-meaning, elderly man with a poor memory,” while, in a transcript of his interview with the President, the special counsel told him he appeared to have “photographic” recall. Those details were the subject of a tense exchange when Hur testified before Congress.

CNN legal analyst Norm Eisen, a former U.S. Ambassador and a special counsel for ethics and government reform under President Barack Obama, says he supports President Biden’s move.

“I handled executive privilege assertions as Special Counsel in WH & for Congress,” Eisen writes on social media. “Witness interviews are some of the most sensitive materials & DOJ commonly protects.”

“I agree with Exec[utive] Priv[ilege] call here.”

He notes the “Hur investigation is done & dusted, with NO finding of criminality.”

“Special Counsel report was already subject of mischief.”

Watch the video above or at this link.

READ MORE: ‘Grave Danger’: Trump’s ‘Raw Display’ of Power at Court Alarms Conservative

 

 

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