Trump Charged With 13 Felonies. According to the Washington Post, “Former president Donald Trump and 18 others were criminally charged in Georgia in connection with efforts to overturn Joe Biden’s 2020 victory in the state, according to an indictment made public late Monday night. Trump was charged with 13 counts, including violating the state’s racketeering act, soliciting a public officer to violate their oath, conspiring to impersonate a public officer, conspiring to commit forgery in the first degree and conspiring to file false documents.” [Washington Post, 8/15/23]
Charges Against Trump Included RICO, Soliciting A Public Officer To Violate Their Oath, Conspiring To Impersonate A Public Official, Conspiring To Commit Forgery, And Conspiring To File False Documents. According to the Washington Post, “Trump was charged with 13 counts, including violating the state’s racketeering act, soliciting a public officer to violate their oath, conspiring to impersonate a public officer, conspiring to commit forgery in the first degree and conspiring to file false documents.” [Washington Post, 8/15/23]
Trump Charged On Counts 1, 5, 9, 11, 13, 15, 17, 19, 27, 28, 29, 38, And 39 In The Indictment. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “THE STATE OF GEORGIA V. DONALD JOHN TRUMP Counts 1,5, 9, 11, 13, 15, 17, 19, 27-29, 38-39.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump And 18 Others Were Charged With Violating Georgia’s RICO Act. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “The Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do hereby charge and accuse: DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, MARK RANDALL MEADOWS, KENNETH JOHN CI-IESEBRO, JEFFREY BOSSERT CLARK, JENNA LYNN ELLIS, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY, MICHAEL A. ROMAN, DAVID JAMES SHAFER, SHAWN MICAH TRESI-IER STILL, STEPHEN CLIFFGARD LEE, HARRISON WILLIAM PRESCOTT FLOYD, TREVIAN C. KUTTI, SIDNEY KATHERINE POWELL, CATHLEEN ALSTON LATHAM, SCOTT GRAHAM HALL, and MISTY HAMPTON with the offense of VIOLATION OF THE GEORGIA RICO (RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS) ACT, O.C.G.A. 16-14-4(c), for the said accused, individually and as persons concerned in the commission of crime, and together with unindicted co-conspirators, in the State of Georgia and County of Fulton, on and between the 4th day of November 2020 and the 15th day of September 2022, while associated with an enterprise, unlawfully conspired and endeavored to conduct and participate in, directly and indirectly, such enterprise through pattern of racketeering activity in violation of O.C.G.A. 16-14-4(b), as described below and incorporated by reference as if fully set forth herein, contrary to the laws of said State, the good order, peace, and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
The Maximum Sentence For Violating The RICO Act Is 20 Years In Prison. According to the Washington Post, “You’ll see it referred to as RICO. It allows prosecutors to combine several alleged crimes — in this case, conspiracy to defraud the state, false statements and writings, impersonating a public officer, forgery, computer theft and dozens of others — into one racketeering charge that calls for up to 20 years in prison.” [Washington Post, 8/14/23]
Trump Was Charged For Trying To Convince Georgia House Speaker Ralston To Call A Special Session To Appoint Trump Electors. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP with the offense of SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 16-10-1, for the said accused, in the County of Fulton and State of Georgia, on or about the 7th day of December 2020, unlawfully solicited, requested, and importuned Speaker of the Georgia House of Representatives David Ralston, public officer, to engage in conduct constituting the felony offense of Violation of Oath by Public Officer, O.C.G.A. 16-10-1, by calling for special session of the Georgia General Assembly for the purpose of unlawfully appointing presidential electors from the State of Georgia, in willful and intentional Violation of the terms of the oath of said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump, Among Others, Was Charged With Conspiring To Make The Fake Electors Present Themselves As The Legitimate Electors From Georgia. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, KENNETH JOHN CHESEBRO, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY, and MICHAEL A. ROMAN with the offense of CONSPIRACY TO COMMIT IMPERSONATING PUBLIC OFFICER, O.C.G.A. §§ 16-4-8 16-10-23, for the said accused, individually and as persons concerned in the commission of crime, and together with indicted and unindicted co-conspirators, in the County of Fulton and State of Georgia, on and between the 6th day of December 2020 and the 14th day of December 2020, unlawfully conspired to cause certain individuals to falsely hold themselves out as the duly elected and qualified presidential electors from the State of Georgia, public officers, with intent to mislead the President of the United States Senate, the Archivist of the United States, the Georgia Secretary of State, and the Chief Judge of the United States District Court for the Northern District of Georgia into believing that they actually were such officers.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump, Among Others, Was Charged With Conspiracy To Make A False Electoral Certificate To Present To The National Archivist. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, KENNETH JOHN CHESEBRO, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY, and MICHAEL A. ROMAN with the offense of CONSPIRACY TO COMMIT FORGERY IN THE FIRST DEGREE, O.C.G.A. §§ 16-4-8 16-91(b), for the said accused, individually and as persons concerned in the commission of crime, and together with indicted and unindicted co-conspirators, in the County of Fulton and State of Georgia, on and between the 6th day of December 2020 and the 14th day of December 2020, unlawfully conspired, with the intent to defraud, to knowingly make document titled ‘CERTIFICATE OF THE VOTES OF THE 2020 ELECTORS FROM GEORGIA,’ writing other than check, in such manner that the writing as made purports to have been made by authority of the duly elected and qualified presidential electors from the State of Georgia, who did not give such authority, and to utter and deliver said document to the Archivist of the United States.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump, Among Others, Was Charged With Conspiracy To Claim That The Fake Electors Were The Elected And Qualified Electors From Georgia. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, KENNETH JOHN CHESEBRO, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY, and MICHAEL A. ROMAN with the offense of CONSPIRACY TO COMMIT FALSE STATEMENTS AND WRITINGS, O.C.G.A. §§ 16 4-8 16-10-20, for the said accused, individually and as persons concerned in the commission of crime, and together with indicted and unindicted co-conspirators, in the County of Fulton and State of Georgia, on and between the 6th day of December 2020 and the 14th day of December 2020, unlawfully conspired to knowingly and willfully make and use false document titled ‘CERTIFICATE OF THE VOTES OF THE 2020 ELECTORS FROM GEORGIA,’ with knowledge that said document contained the false statement, ‘WE, THE UNDERSIGNED, being the duly elected and qualified Electors for President and Vice President of the United States of America from the State of Georgia, do hereby certify the following,’ said document being within the jurisdiction of the Office of the Georgia Secretary of State and the Office of the Governor of Georgia, departments and agencies of state government.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump, Among Others, Was Charged With Conspired To File The Fake Certificate From The Fake Electors In An Official Proceeding. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, KENNETH JOHN CHESEBRO, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY, and MICHAEL A. ROMAN with the offense of CONSPIRACY TO COMMIT FILING FALSE DOCUMENTS, O.C.G.A. §§ 16-48 16- 10-20.1(b)(1), for the said accused, individually and as persons concerned in the commission of crime, and together with indicted and unindicted co-conspirators, in the County of Fulton and State of Georgia, on and between the 6th day of December 2020 and the 14th day of December 2020, unlawfully conspired to knowingly file, enter, and record document titled ‘CERTIFICATE OF THE VOTES OF THE 2020 ELECTORS FROM GEORGIA,’ in court of the United States, having reason to know that said document contained the materially false statement, ‘WE, THE UNDERSIGNED, being the duly elected and qualified Electors for President and Vice President of the United States of America from the State of Georgia, do hereby certify the following.’” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump, Among Others, Was Charged With Conspiracy To Claim That They Were Filling An Electoral College Vacancy In Georgia Without Authority To Do So. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, KENNETH JOHN CHESEBRO, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY, and MICHAEL A. ROMAN with the offense of CONSPIRACY TO COMMIT FORGERY IN THE FIRST DEGREE, O.C.G.A. §§ 16-4-8 16-9-1(b), for the said accused, individually and as persons concerned in the commission of crime, and together with indicted and unindicted co-conspirators, in the County of Fulton and State of Georgia, on and between the 6th day of December 2020 and the 14th day of December 2020, unlawfully conspired, with the intent to defraud, to knowingly make document titled ‘RE: Notice of Filling of Electoral College Vacancy,’ writing other than check, in such manner that the writing as made purports to have been made by the authority of the duly elected and qualified presidential electors from the State of Georgia, who did not give such authority, and to utter and deliver said document to the Archivist of the United States and the Office of the Governor of Georgia.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump, Among Others, Was Charged With Conspiracy To Use The Fake Certificate Knowing That The Certificate Made False Statements Because The Electors Proclaimed In The Certificate Were Fake. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP, RUDOLPH WILLIAM LOUIS GIULIANI, JOHN CHARLES EASTMAN, KENNETH JOHN CHESEBRO, RAY STALLINGS SMITH III, ROBERT DAVID CHEELEY and MICHAEL A. ROMAN with the offense of CONSPIRACY TO COMMIT FALSE STATEMENTS AND WRITINGS, O.C.G.A. §§ 16- 4-8 16-10-20, for the said accused, individually and as persons concerned in the commission of crime, and together with indicted and unindicted co-conspirators, in the County of Fulton and State of Georgia, on and between the 6th day of December 2020 and the 14th day of December 2020, unlawfully conspired to knowingly and willfully make and use false document titled ‘RE: Notice of Filling of Electoral College Vacancy,’ with knowledge that said document contained the false statements that DAVID JAMES SHAFER was Chairman of the 2020 Georgia Electoral College Meeting and SHAWN MICAH TRESHER STILL was Secretary of the 2020 Georgia Electoral College Meeting, said document being within the jurisdiction of the Office of the Georgia Secretary of State and the Office of the Governor of Georgia, departments and agencies of state government.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump And Trump Lawyer Eastman Were Charged With Filing A Court Document Containing False Election Fraud Claims. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP and JOHN CHARLES EASTMAN with the offense of FILING FALSE DOCUMENTS, O.C.G.A. 16-10-20.1(b)(1), for the said accused, individually and as persons concerned in the commission of crime, and together with unindicted co-conspirators, in the County of Fulton and State of Georgia, on or about the 3lst day of December 2020, knowingly and unlawfully filed document titled ‘VERIFIED COMPLAINT FOR EMERGENCY INJUNCTIVE AND DECLARATORY RELIEF’ in the matter of Trump v. Kemp, Case 1:20-cv05310MHC, in the United States District Court for the Northern District of Georgia, court of the United States, having reason to know that said document contained at least one of the following materially false statements: l. That ‘as many as 2,506 felons with an uncompleted sentence’ voted illegally in the November 3, 2020, presidential election in Georgia; That ‘at least 66,247 underage’ people voted illegally in the November 3, 2020, presidential election in Georgia; That ‘at least 2,423 individuals’ voted illegally in the November 3, 2020, presidential election in Georgia ‘who were not listed in the State's records as having been registered to vote’; That ‘at least 1,043 individuals’ voted illegally in the November 3, 2020, presidential election ‘who had illegally registered to vote using postal office box as their habitation’; That ‘as many as 10,315 or more’ dead people voted in the November 3, 2020, presidential election in Georgia; That ‘[d]eliberate misinformation was used to instruct Republican poll watchers and members of the press to leave the premises for the night at approximately 10:00 pm. on November 3, 2020’ at State Farm Arena in Fulton County, Georgia; contrary to the laws of said State, the good order, peace and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump And Chief Of Staff Meadows Were Charged With Trying To Convince Georgia Secretary Of State Raffensperger To Violate His Oath. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP and MARK RANDALL MEADOWS with the offense of SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 16-10-1, for the said accused, individually and as persons concerned in the commission of crime, and together with unindicted co-conspirators, in the County of Fulton and State of Georgia, on or about the 2nd day of January 2021, unlawfully solicited, requested, and importuned Georgia Secretary of State Brad Raffensperger, public officer, to engage in conduct constituting the felony offense of Violation of Oath by Public Officer, O.C.G.A. l6- 10-1, by unlawfully altering, unlawfully adjusting, and otherwise unlawfully influencing the certified returns for presidential electors for the November 3, 2020, presidential election in Georgia, in willful and intentional violation of the terms of the oath of said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump Was Charged With Making False Statements About The Election On The Phone Call With Raffensperger. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP with the offense of FALSE STATEMENTS AND WRITINGS, O.C.G.A. 16-10-20, for the said accused, in the County of Fulton and State of Georgia, on or about the 2nd day of January 2021, knowingly, willfully, and unlawfully made at least one of the following false statements and representations to Georgia Secretary of State Brad Raffensperger, Georgia Deputy Secretary of State Jordan Fuchs, and Georgia Secretary of State General Counsel Ryan Germany: 1. That anywhere from 250,000 to 300,000 ballots were dropped mysteriously into the rolls in the November 3, 2020, presidential election in Georgia; 2. That thousands of people attempted to vote in the November 3, 2020, presidential election in Georgia and were told they could not because ballot had already been cast in their name; 3. That 4,502 people voted in the November 3, 2020, presidential election in Georgia who were not on the voter registration list; 4. That 904 people voted in the November 3, 2020, presidential election in Georgia who were registered at an address that was post office box; 5. That Ruby Freeman was professional vote scammer and known political operative; 6. That Ruby Freeman, her daughter, and others were responsible for fraudulently awarding
at least 18,000 ballots to Joseph R. Biden at State Farm Arena in the November 3, 2020, presidential election in Georgia; 7. That close to 5,000 dead people voted in the November 3, 2020, presidential election in Georgia; 8. That 139% of people voted in the November 3, 2020, presidential election in Detroit;
9. That 200,000 more votes were recorded than the number of people who voted in the November 3, 2020, presidential election in Pennsylvania; 10. That thousands of dead people voted in the November 3, 2020, presidential election in Michigan; 11. That Ruby Freeman stuffed the ballot boxes; 12. That hundreds of thousands of ballots had been ‘dumped’ into Fulton County and another county adjacent to Fulton County
in the November 3, 2020, presidential election in Georgia; 13. That he won the November 3, 2020, presidential election in Georgia by 400,000 votes; said statements being within the jurisdiction of the Office of the Georgia Secretary of State and the Georgia Bureau of Investigation, departments and agencies of state government, contrary to the laws of said State, the good order, peace and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump Was Charged With Soliciting Raffensberger To Violate His Oath By “Decertifying The Election” Months After The Election Was Certified. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP with the offense of SOLICITATION OF VIOLATION OF OATH BY PUBLIC OFFICER, O.C.G.A. §§ 16-4-7 and 16-10-1, for the said accused, in the County of Fulton and State of Georgia, on or about the 17th day of September 2021, unlawfully solicited, requested, and importuned Georgia Secretary of State Brad Raffensperger, public officer, to engage in conduct constituting the felony offense of Violation of Oath by Public Ofiicer, O.C.G.A. 16-101, by unlawfully ‘decertifying the Election, or whatever the correct legal remedy is, and announce the true winner,’ in willful and intentional violation of the terms of the oath of said person as prescribed by law, with intent that said person engage in said conduct, contrary to the laws of said State, the good order, peace and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Trump Was Charged With Lying To Raffensberger About The 2020 Election When Asking Him To Decertify The Election In September 2021. According to the indictment in The State Of Georgia v. Donald John Trump, et al., “And the Grand Jurors aforesaid, in the name and behalf of the citizens of Georgia, do charge and accuse DONALD JOHN TRUMP with the offense of FALSE STATEMENTS AND WRITINGS, O.C.G.A. 16-10-20, for the said accused, in the County of Fulton and State of Georgia, on or about the 17th day of September 2021, knowingly, willfully, and unlawfully made the following false statement and representation to Georgia Secretary of State Brad Raffensperger: l. ‘As stated to you previously, the number of false and/or irregular votes is far greater than needed to change the Georgia election result’; said statement being within the jurisdiction of the Office of the Georgia Secretary of State and the Georgia Bureau of Investigation, departments and agencies of state government, and county and city law enforcement agencies, contrary to the laws of said State, the good order, peace and dignity thereof.” [Indictment, “The State of Georgia v. Donald John Trump, et al.,” Fulton County Superior Court, Case No. 23SC188947, filed 8/14/23]
Mark Meadows, Rudy Giuliani, Sidney Powell, John Eastman, Jenna Ellis, And Jeffrey Clark Were Among Those Charged Alongside Trump. According to the Atlanta Journal-Constitution, “But the Georgia case is far different because it also charges a large cast of alleged accomplices – from former New York Mayor Rudolph Giuliani to then-White House chief of staff Mark Meadows and former state Republican Party chairman David Shafer. Also charged: state Sen. Shawn Still; attorneys John Eastman, Sidney Powell, Jenna Ellis, Bob Cheeley, Ray Smith III and Kenneth Chesebro; former assistant U.S. attorney general Jeffrey Clark; former Coffee County GOP chairwoman Cathy Latham; Atlanta bail bondsman Scott Hall; former Coffee County elections director Misty Hampton; GOP strategist Michael Roman; publicist Trevian Kutti; Illinois pastor Stephen Cliffguard Lee; and Harrison Floyd, who briefly ran for a suburban Atlanta U.S. House seat before serving as director of Black Voices for Trump.” [Atlanta Journal-Constitution, 8/14/23]
All Defendants Were Charged With Violating Georgia’s Racketeer Influenced and Corrupt Organizations Act. According to the Washington Post, “A total of 41 charges are brought against 19 defendants in the 98-page indictment. Not all face the same counts, but all have been charged with violating the Georgia Racketeer Influenced and Corrupt Organizations Act. Willis said she has given those charged until Aug. 25 to surrender.” [Washington Post, 8/15/23]
Areas Of Misconduct Included The Raffensperger Phone Call, The Fake Electors Scheme, False Testimony Before The Georgia Legislature, And The Copying Of Election Data From Coffee County Voting Machines. According to the Atlanta Journal-Constitution, “The charges are the culmination of a 2 1/2-year criminal investigation launched by Fulton County District Attorney Fani Willis shortly after Trump’s leaked Jan. 2, 2021, phone call with Brad Raffensperger, during which he asked the Georgia secretary of state to ‘find’ him 11,780 votes. The indictment lays out several different areas of alleged criminal misconduct. The phone calls Trump made to Georgia officials, including Raffensperger and Gov. Brian Kemp. The ‘alternate’ GOP electors who cast Electoral College votes for Trump on Dec. 14, 2020 while the official Democratic electors cast votes for Joe Biden. The false testimony given to state House and Senate committees, which led to threats and harassment of Fulton County poll workers Ruby Freeman and her daughter Shaye Moss. The copying of sensitive Georgia elections data in Coffee County, some 200 miles southeast of Atlanta, the day after the Jan. 6, 2021 attack on the U.S. Capitol.” [Atlanta Journal-Constitution, 8/14/23]
The Case Was Assigned To Fulton County Superior Court Judge McAfee. According to The Hill, “Fulton County Superior Court judge Scott McAfee is now tasked with overseeing the Georgia case brought against former President Trump and 18 others late Monday night in connection to the former president’s and his allies’ efforts to overturn the 2020 election in the state.” [The Hill, 8/15/23]
August 23, 2023: Three Of Trump’s Co-Defendants – Lawyers Giuliani, Powell, And Ellis - Surrendered To Authorities In Atlanta. According to CNN, “Three of Donald Trump’s key election lawyers, Rudy Giuliani, Sidney Powell and Jenna Ellis, surrendered Wednesday on charges in the Georgia election subversion case. The scene of Giuliani, the former New York City mayor and a notable former federal prosecutor, walking into the Fulton County jail represented another remarkable moment in the ongoing investigation into Trump and his efforts to overturn his 2020 election defeat. One of Trump’s most outspoken attorneys in 2020, Giuliani was charged with 13 crimes, including breaking the state’s racketeering act, engaging in various criminal conspiracies, and soliciting a public officer in the state to violate their oath.” [CNN, 8/23/23]
August 21, 2023: Bond For Trump Was Set At $200,000. According to WSB, “Former President Donald Trump’s bond has been set at $200,000. Channel 2′s camera’s spotted Trump’s Georgia attorneys entering the Fulton County Courthouse shortly before 2:30 p.m. Monday.” [WSB, 8/21/23]
Conditions Of Trump’s Bond Included No Acts Of Intimidation, Including Social Media Posts, To Any Codefendant, Witness, Unindicted Co-Conspirator, Or Victim. According to WSB, “Part of his bond conditions include: “the Defendant shall perform no act to intimidate any person known to him or her to be a codefendant or witness in this case or to otherwise obstruct the administration of justice. ‘This shall include, but is not limited to, the following: ‘a. The Defendant shall make no direct or indirect threat of any nature against any codefendant; ‘b. The Defendant shall make no direct or indirect threat of any nature against any witness including, but not limited to, the individuals designated in the Indictment as an unindicated co-conspirators Individual 1 through Individual 30; ‘c. The Defendant shall make no direct or indirect threat of any nature against any victim; d. ‘The Defendant shall make no direct or indirect threat of any nature against the community or to any property in the community; ‘e. The above shall include, but are not limited to, posts on social media or reposts of posts made by another individual on social media.’” [WSB, 8/21/23]
August 24, 2023: Trump Was Booked At The Fulton County Jail. According to the New York Times, “Former President Donald J. Trump surrendered at the Fulton County jail in Atlanta on Thursday and was booked on 13 felony charges for his efforts to reverse his 2020 election loss in Georgia.” [New York Times, 8/24/23]
Trump Was Assigned Identification Number P01135809. According to the New York Times, “Mr. Trump spent about 20 minutes there, submitting to some of the routines of criminal defendant intake. He was fingerprinted and had his mug shot taken. He was assigned an identification number, P01135809. But the process was faster than for most defendants; minutes after he entered the jail, Mr. Trump’s record appeared in Fulton County’s booking system, which listed him as having ‘blond or strawberry’ hair, a height of 6 feet 3 inches and a weight of 215 pounds — 24 pounds less than the White House doctor reported Mr. Trump weighing in 2018.” [New York Times, 8/24/23]
August 29, 2023: The Fulton County DA’s Office Informed The Court That They Want To Try All 19 Defendants Together. According to the Messenger, “Fulton County District Attorney Fani Willis informed a judge on Tuesday that state prosecutors still want to try former President Donald Trump together with his 18 co-defendants, including attorney Kenneth Chesebro, who is currently slated to be tried in October.” [Messenger, 8/29/23]
Deputy District Attorney Wooten Argued That Severing Defendants From The Case Was Improper. According to the Messenger, “‘The State maintains its position that severance is improper at this juncture and that all Defendants should be tried together, but at an absolute minimum, the Court should set Defendant Powell’s trial and that of any other defendant who may file a speedy trial demand on the same date as Defendant Chesebro’s,’ Deputy District Attorney John Will Wooten wrote in a four-page legal brief.” [Messenger, 8/29/23]
August 31, 2023: Trump Pleaded Not Guilty And Waived His Arraignment In Georgia. According to the New York Times, “Former President Donald J. Trump pleaded not guilty on Thursday and waived his arraignment in the Georgia criminal case charging him and 18 of his allies with interfering in the 2020 election. […] ‘I do hereby waive formal arraignment and enter my plea of not guilty,’ Mr. Trump stated in a two-page filing on Thursday morning. He wrote that he had discussed the charges with his lawyer, Steven H. Sadow, adding: ‘I fully understand the nature of the offenses charged,’ and that he waived his right to appear at arraignment, which had been scheduled to take place in Atlanta next Wednesday along with those of Mr. Trump’s co-defendants.” [New York Times, 8/31/23]
August 15, 2023: Former Trump Chief Of Staff Meadows Tried To Move His Charges In The Election Interference Case To Federal Court. According to Politico, “Mark Meadows, who was Donald Trump’s chief of staff during the 2020 election and the ensuing efforts to overturn its results, is trying to transfer his Georgia state prosecution to federal court with the goal of having the charges against him dismissed. In court papers filed Tuesday, lawyers for Meadows argued that the case against him should be moved out of Georgia state court so that Meadows can argue in federal court that he is immune from the prosecution under the U.S. Constitution. The charges against him, his lawyers said, amount to ‘state interference in a federal official’s duties’ in violation of the Constitution’s supremacy clause. Meadows intends to file a separate request for ‘prompt dismissal’ of the charges, his lawyers added.” [Politico, 8/15/23]
Clark, Shafer, Latham, And Still Filed To Move Their Cases To Federal Court. According to the Atlanta Journal-Constitution, “Former Justice Department official Jeffrey Clark has separately filed for federal removal, as have three Georgia Republicans who served as ‘alternate’ GOP electors: David Shafer, Cathy Latham and state Sen. Shawn Still. Trump is expected to do so as well. If Jones rules in favor of removal for even one defendant, it’s possible that the entire case for all 19 defendants would be moved to federal court. Any decision is expected to be appealed, potentially all the way to the U.S. Supreme Court. Jones scheduled hearings for Clark’s and Still’s motions for Sept. 18.” [Atlanta Journal-Constitution, 8/27/23]
September 7, 2023: Trump Notified The Court That He Might Try To Move His Case To Federal Court. According to CNN, “Former President Donald Trump on Thursday formally notified the judge overseeing the Georgia election subversion case that he ‘may’ try to move his state case into federal court. Trump’s lawyers have previously said they would try to move the case, which could help him get the charges dropped by invoking immunity protections for federal officials.” [CNN, 9/7/23]
September 5, 2023: DA Willis Argued That The Fake Presidential Electors Could Not Move Their Cases To Federal Court Because “Repeating A Fiction Does Not Make The Statement True.” According to Politico, “Georgia prosecutors contended Tuesday that the GOP activists who falsely claimed to be legitimate presidential electors — three of whom are now charged as Donald Trump’s alleged co-conspirators — were playing an elaborate game of pretend that crossed criminal boundaries. ‘Defendant’s argument is akin to claiming that a homemade badge could transform him into a genuine United States Marshal with all the powers afforded that position,’ Fulton County District Attorney Fani Willis argued in a 27-page brief rejecting an effort by one of those false electors, Shawn Still, to transfer the criminal case out of state court and into federal court. ‘Repeating a fiction does not make the statement true.’” [Politico, 9/5/23]
September 8, 2023: Chief Of Staff Meadows’s Effort To Move His Case To Federal Court Was Denied By Judge Jones. According to the Washington Post, “A federal judge denied a request Friday from former White House chief of staff Mark Meadows to move the Georgia election-interference case against him from state to federal court, a shift he had sought on the grounds that he was a federal officer at the time of the actions that led to his indictment. The ruling by U.S. District Judge Steve C. Jones in the Atlanta-based Northern District of Georgia represents a setback for Meadows, who had asked for removal under a federal law that allows people charged with crimes while carrying out their official duties to be prosecuted in federal court, even in cases involving state law and state prosecutors.” [Washington Post, 9/8/23]
Judge Jones Ruled Meadow’s Actions Were Outside His Role As Chief Of Staff. According to the Washington Post, “Meadows had hoped a move to federal court could lead to a quick dismissal of the case against him because he had argued to Jones that as a federal officer, he is immune from prosecution for acts taken in the course of his normal work. Instead, Jones found that the actions ‘at the heart of the State’s charges against Meadows were taken on behalf of the Trump campaign with the ultimate goal of affecting state election activities and procedures.’ He added: ‘Meadows himself testified that working for the Trump campaign would be outside the scope of a White House Chief of Staff.’” [Washington Post, 9/8/23]
Meadows Appealed The Decision. According to Politico, “Meadows filed an appeal to the 11th Circuit on Friday night. ‘The Court concludes that Meadows has not shown that the actions that triggered the State’s prosecution related to his federal office,’ U.S. District Judge Steve Jones wrote in his decision, while emphasizing that he was not ruling on the right of any other defendant to have the case against them moved to the federal system.” [Politico, 9/8/23]
September 11, 2023: Meadows Requested That The Decision Remanding His Case Back To State Court Be Stayed. According to Reuters, “He also asked the U.S. district court for northern Georgia to stay the effect of its order remanding his case to state court pending his appeal to the 11th Circuit. In that filing, Meadows' lawyers argued that several aspects of the district court's order departed from precedent, including failing to credit Meadows' account of his conduct and duties and raising the burden on Meadows to justify the removal of his case from state court.” [Reuters, 9/11/23]
September 12, 2023: Judge Jones Rejected Meadows’ Request For An Emergency Stay Of The Ruling, Sending His Case Back To State Court. According to CNBC, “A federal judge denied former White House chief of staff Mark Meadows’ request for an emergency stay of a ruling that sent his Georgia election interference case back to state court, a court filing showed Wednesday. Meadows, former President Donald Trump’s final chief of staff, had asked U.S. District Judge Steve Jones to pause his ruling pending an appeal in a higher court. But Jones sided with Atlanta District Attorney Fani Willis, who on Tuesday urged the judge to reject Meadows’ latest effort to try and move his case to federal court. Meadows ‘has not shown he is entitled to an emergency stay,’ Jones ruled in an order dated Tuesday and made public Wednesday morning on the docket in U.S. District Court in Atlanta.” [CNBC, 9/13/23]
September 20, 2023: Former Georgia GOP Chair Shafer, State Senator Still, And Coffee County Georgia GOP Chair Latham Argued That They Acted As Federal Officers When They Acted As Fake Electors. According to the Atlanta Journal-Constitution, “Three Republicans who cast Electoral College votes for Donald Trump after the 2020 presidential election were acting as federal officers and doing what the law allowed, defense lawyers told a federal judge on Wednesday. The Trump electors — former Georgia GOP Chairman David Shafer, state Sen. Shawn Still and former Coffee County GOP Chairwoman Cathy Latham — are charged in Fulton County with conspiring to overturn the 2020 presidential election. They are seeking to get their cases removed from Fulton Superior Court to U.S. District Court in Atlanta.” [Atlanta Journal-Constitution, 9/20/23]
Shafer, Still, And Latham Sought Removal Of The Case To Federal Court. According to the Atlanta Journal-Constitution, “Three Republicans who cast Electoral College votes for Donald Trump after the 2020 presidential election were acting as federal officers and doing what the law allowed, defense lawyers told a federal judge on Wednesday. The Trump electors — former Georgia GOP Chairman David Shafer, state Sen. Shawn Still and former Coffee County GOP Chairwoman Cathy Latham — are charged in Fulton County with conspiring to overturn the 2020 presidential election. They are seeking to get their cases removed from Fulton Superior Court to U.S. District Court in Atlanta.” [Atlanta Journal-Constitution, 9/20/23]
September 28, 2023: Trump Decided Not To Try To Move His Case To Federal Court. According to CNN, “Former President Donald Trump will not attempt to move the criminal charges brought against him by Fulton County District Attorney Fani Willis to federal court, his lawyers revealed in a court filing Thursday. The move comes as a surprise, as Trump was largely expected to try to move the Georgia case as part of a bid to invoke immunity protections for federal officials. Under federal law, criminal cases can be removed to federal court if the alleged behavior relates to their government duties.” [CNN, 9/28/23]
The Fulton County DA’s Office Outlined What The Trump RICO Trial Would Look Like
September 6, 2023: The Fulton County DA’s Office Estimated That Trump’s RICO Trial Would Take At Least Four Months. According to the Atlanta Journal-Constitution, “In a hearing Wednesday, a member of Willis’ staff estimated that a trial would take at least four months to complete and potentially much longer if defendants took the stand. A trial for at least two of defendants, who have demanded a speedy trial, has been set for Oct. 23.” [Atlanta Journal-Constitution, 9/6/23]
The Fulton County DA’s Office Expected To Call More Than 150 Witnesses At Trial. According to CNN, “Prosecutor Nathan Wade threw out some big numbers at Wednesday’s hearing: The Fulton County district attorney’s office expects its case against the 19 defendants would take about four months – and prosecutors expect to call more than 150 witnesses.” [CNN, 9/6/23]
September 13, 2023: Trump Waived His Right To A Speedy Trial In Georgia. According to the Associated Press, “Former President Donald Trump and some other defendants are waiving their right to seek a speedy trial in the Georgia case in which they are accused of participating in an illegal scheme to overturn his loss in the 2020 presidential election. The filings are part of the legal maneuvering as Fulton County District Attorney Fani Willis seeks to try all 19 defendants together starting next month. Most of the defendants have sought to separate their cases from some or all of the others, with many saying they will not be ready by Oct. 23, when a trial has been set for two defendants who have already filed demands for a speedy trial. The judge has expressed skepticism that all defendants could go to trial that day.” [Associated Press, 9/13/23]
September 14, 2023: Trump And 16 Co-Defendants Severed From Powell And Chesebro’s October Trial. According to the Associated Press, “A Georgia judge ruled Thursday that former President Donald Trump and 16 others will be tried separately from two defendants who are set to go to trial next month in the case accusing them of participating in an illegal scheme to overturn the results of the 2020 election. Lawyers Sidney Powell and Kenneth Chesebro had filed demands for a speedy trial, and Fulton County Superior Court Judge Scott McAfee set their trial to begin Oct. 23. Trump and other defendants had asked to be tried separately from Powell and Chesebro, with some saying they could not be ready by the late October trial date.” [Associated Press, 9/14/23]
September 19, 2023: Judge McAfee Granted Chesebro And Powell’s Requests To Interview Grand Jury Witnesses. According to ABC News, “The judge overseeing the Fulton County election interference case will allow attorneys for two of Donald Trump's codefendants to interview the grand jurors who returned the indictment, according to a new order on Tuesday, after the attorneys raised concerns that it was not ‘properly returned.’ Judge Scott McAfee ruled that the attorneys for Kenneth Chesebro and Sidney Powell -- who are headed to trial next month -- can speak with grand jurors but said the Court would ‘guide and maintain oversight" of the process to ensure that "privileged matters remain protected.’ Each interview must be voluntary and be conducted in the presence of the court, the order said.” [ABC News, 9/20/23]
DA Willis Wanted To Shield The Identities Of Prospective Jurors
September 6, 2023: DA Willis Asked That The Identities Of Prospective Jurors In Trump’s RICO Trial Be Shielded. According to the Atlanta Journal-Constitution, “Fulton County District Attorney Fani Willis has asked the judge in the Donald Trump racketeering trial to shield the identities of prospective jurors to spare them the threats and harassment faced by the grand jury that indicted the former president and 18 of his allies last month. In a motion filed in Fulton County Superior Court Wednesday, Willis asked Judge Scott McAfee to prohibit defendants, the news media or ‘any other person’ from capturing any sort of image — from a photo to a drawing — of jurors or from distributing any identifying information about them.” [Atlanta Journal-Constitution, 9/6/23]
September 25, 2023: Judge McAfee Ruled That Potential Jurors In The Trump RICO Cases Would Have Their Identities Protected. According to the Atlanta Journal-Constitution, “Prospective jurors in the racketeering case against former President Donald Trump and his 18 co-defendants got an extra layer of security Monday when the judge overseeing the case ordered additional safeguards to protect their identities. Once the cases reach trial, defendants, reporters and observers will be prohibited from recording, photographing or identifying jurors in any way that might reveal who they are, where they live or other personal details about them, Fulton County Superior Court Judge Scott McAfee ruled. McAfee ordered that lawyers only refer to jurors by their number in court filings or in their remarks in open court.” [Atlanta Journal-Constitution, 9/25/23]
September 11, 2023: Trump Asked That Several Charges Against Him Be Dismissed. According to CNN, “Former President Donald Trump is asking a court to dismiss several criminal charges against him in the Georgia 2020 election interference case. His filings on Monday are Trump’s opening salvo of legal arguments to challenge the state-level charges. The filings indicate Trump wants to adopt the legal arguments his racketeering co-defendants Rudy Giuliani, Kenneth Chesebro and Ray Smith have already made in court filings. Giuliani filed his challenge Friday, asking Fulton County Superior Court Judge Scott McAfee to toss his indictment due to ‘deficiencies,’ his lawyers argued, that render it invalid. Chesebro, the pro-Trump lawyer who devised the ‘fake electors’ scheme, filed a similar challenge last month that argued the indictment ‘fails to sufficiently set out the charge or any violation of the law.’ Smith, an attorney for Trump’s 2020 campaign in Georgia, filed his extensive motion challenging the indictment also on Monday, arguing that the indictment had ‘voluminous’ defects and that the state failed to meet the racketeering statute.” [CNN, 9/11/23]
September 12, 2023: Former Trump Lawyer Chesebro Sought To Dismiss His Charges On The Basis That He Was Providing Legal Advice. According to the Messenger, “Former Donald Trump election attorney Kenneth Chesebro filed a motion Tuesday seeking to dismiss charges he faces in the Georgia election-racketeering case on grounds that he was simply providing legal advice to a client. ‘Nothing about Mr. Chesebro’s conduct falls outside the bounds of what lawyers do on a daily basis; researching the law in order to find solutions that address their clients particularized needs,’ Chesebro's attorneys wrote in the six-page filing. Chesebro, the alleged architect of the plan to use fake electors in swing states, faces seven counts in the sprawling 19-defendant indictment brought by Fulton County District Attorney Fani Willis.” [Messenger, 9/12/23]
September 18, 2023: Trump Adopted Lawyer Powell’s Argument That Georgia’s RICO Law Was Unconstitutional. According to the Messenger, “Earlier on Monday, Trump piggybacked attorney Sidney Powell’s challenge of the racketeering charge against her. Powell argued that Fulton County District Attorney Fani Willis charged her 19-defendant indictment in such a sprawling fashion as to run afoul of the constitutional rights to due process and fair warning. ‘If the Georgia RICO statute reaches the conduct alleged here, then it is unconstitutionally vague,’ her attorney Brian T. Rafferty wrote on Sept. 15, in an argument that Trump cited.” [Messenger, 9/18/23]
September 18, 2023: Trump Adopted Lawyer Chesebro’s Argument That The Fake Electors Were “Duly Appointed And Authorized,” Just By The Georgia Republican Party. According to the Messenger, “Former President Donald Trump has borrowed his embattled attorney Kenneth Chesebro’s arguments that false GOP electors were ‘duly appointed and authorized’ to vote for him — by Georgia’s Republican party. The move came hours after Chesebro himself floated the argument before Fulton County Superior Court Judge Scott McAfee, in a series of motions meant to scuttle his criminal charges. Those include conspiring to impersonate a ‘peace officer or other public officer or employee,’ conspiring to commit first degree forgery and conspiring to commit false statements and writings. Later in the day, Trump's lawyers file a motion adopting the same arguments against these charges, which he also faces.” [Messenger, 9/18/23]
Acting Assistant Attorney General Clark Said Trump Pressed Him To Write The Letter Stating The Department Of Justice Doubted The Election Results In Georgia. According to the Washington Post, “As a Justice Department lawyer after the 2020 election, Jeffrey Clark drafted a letter to top Georgia officials declaring that the agency had reason to doubt the legitimacy of the state’s election only after he was pressed to do so by then-president Donald Trump, Clark’s lawyer told a skeptical federal judge Monday.” [Washington Post, 9/18/23]
September 20, 2023: DA Willis Said At Least Six Attorney’s For Trump’s Co-Defendants Might Have Conflicts Of Interest. According to the Messenger, “Fulton County District Attorney Fani Willis told a judge on Wednesday that at least six attorneys for former President Donald Trump's co-defendants may have conflicts of interest in the sprawling racketeering case. ‘The State requests that the Court inquire into these circumstances and take such appropriate remedial measures as it deems necessary to ensure that the rights of both witnesses for the State of Georgia and the Defendants in this case are preserved,’ the DA's legal brief states. Those defense attorneys flagged by Willis' team are Scott Grubman, who represents Kenneth Chesebro; Harry W. MacDougald, who represents Jeffrey Clark; Christopher Anulewicz, who represents Robert Cheeley; Bruce H. Morris, Donald Franklin Samuel, and Amanda Clark Palmer, who represent Ray Smith.” [Messenger, 9/20/23]
October 20, 2023: Jury Selection For Trump Co-Defendants Powell And Chesebro’s Trial Scheduled To Begin. According to the Messenger, “Jury selection is scheduled to begin Oct. 20 in the trial of Kenneth Chesebro and Sidney Powell, both former election lawyers for former President Donald Trump, Fulton County Superior Court Judge Scott McAfee said on Friday. McAfee discussed the trial schedule at a meeting Friday morning in Fulton County Superior court to hash out how the first trial of the Georgia election racketeering case will play out in less than a month. ‘We’re officially kicking it off on a Friday, October 20, and that was simply because of the logistics of getting jurors in a room,’ McAfee said.” [Messenger, 9/29/23]
October 23, 2023: Start Date For The Joint Powell-Chesebro Trial. According to CNN, “McAfee ruled that Powell and Chesebro will go to trial together on October 23.” [CNN, 9/6/23]
March 4, 2024: Original Proposed Trial Date From DA Willis. According to the Atlanta Journal-Constitution, “Fulton County District Attorney Fani Willis is proposing that former President Donald Trump and his 18 racketeering co-defendants stand trial on March 4, according to a court filing on Wednesday.” [Atlanta Journal-Constitution, 8/16/23]
November 18, 2022: The Department Of Justice Appointed Jack Smith As Special Counsel Over The Mar-a-Lago And January 6 Insurrection Investigations. According to CNN, “Attorney General Merrick Garland on Friday appointed a special counsel to oversee the criminal investigations into the retention of national defense information at former President Donald Trump’s Mar-a-Lago resort and parts of the January 6, 2021, insurrection. […] Jack Smith, the former chief prosecutor for the special court in The Hague, where he investigated war crimes in Kosovo, will oversee the investigations.” [CNN, 11/18/22]
June 2, 2023: The House Judiciary Committee Requested The Special Counsel To Turn Over Information Concerning Whether Any FBI Employees Were Part Of The Investigation Into Trump. According to The Hill, “House Republicans are asking the Justice Department (DOJ) to turn over information about special counsel Jack Smith’s investigation into Donald Trump, including details on whether any FBI employees on the case have investigated the former president. The letter, sent to Attorney General Merrick Garland, is an early show of how the powerful House Judiciary Committee plans to leverage a May report from special counsel John Durham detailing issues with the FBI’s early work investigating Trump campaign ties to Russia.” [The Hill, 6/2/23]
May 2022: Grand Jury Subpoenaed Documents With Classified Markings. According to the Washington Post, “Of particular importance to investigators in the classified-documents case, according to people familiar with the probe, is evidence showing that boxes of documents were moved into a storage area on June 2, just before senior Justice Department lawyer Jay Bratt arrived at Mar-a-Lago with agents. The June 3 visit by law enforcement officials was to collect material in response to the May 2022 grand jury subpoena demanding the return of all documents with classified markings.” [Washington Post, 5/25/23]
May 2022: Trump Was Warned By His Lawyer Corcoran That If He Did Not Comply With A Subpoena For All The Classified Documents In Trump’s Possession, The FBI Might Search Mar-a-Lago. According to ABC News, “In May of last year, shortly after the Justice Department issued a subpoena to former President Donald Trump for all classified documents at his Mar-a-Lago estate, Trump's then-lead attorney on the matter, Evan Corcoran, warned the former president in person, at Mar-a-Lago, that not only did Trump have to fully comply with the subpoena, but that the FBI might search the estate if he didn't, according to Corcoran's audio notes following the conversation.” [ABC News, 9/6/23]
June 3, 2022: DOJ Lawyer Bratt And FBI Agents Visited Mar-A-Lago To Collect Subpoenaed Materials. According to the Washington Post, “Of particular importance to investigators in the classified-documents case, according to people familiar with the probe, is evidence showing that boxes of documents were moved into a storage area on June 2, just before senior Justice Department lawyer Jay Bratt arrived at Mar-a-Lago with agents. The June 3 visit by law enforcement officials was to collect material in response to the May 2022 grand jury subpoena demanding the return of all documents with classified markings.” [Washington Post, 5/25/23]
August 8, 2022: The FBI Searched Mar-a-Lago For Classified Documents From The White House. According to the Associated Press, “The FBI searched Donald Trump’s Mar-a-Lago estate as part of an investigation into whether he took classified records from the White House to his Florida residence, people familiar with the matter said Monday, a move that represents a dramatic and unprecedented escalation of law enforcement scrutiny of the former president.” [Associated Press, 8/9/22]
The Search Warrant Cited Possible Violations Of The Espionage Act. According to the New York Times, “The warrant said the agents would be searching for material as they investigated potential violations of the Espionage Act, which outlaws the unauthorized retention of defense-related information that could harm the United States or aid a foreign adversary — a standard that was written by Congress before the creation of the modern classification system.” [New York Times, 8/12/22]
Eight Search Warrants And Affidavits Were Filed In The Classified Documents Investigation. According to NBC News, “Eight search warrants and affidavits were filed in connection with the federal case involving former President Donald Trump's mishandling of classified documents that resulted in a slew of criminal charges against him, according to recently unsealed court motions. The motions were filed in connection with the ongoing efforts by media organizations, including NBC News, to obtain access to much of the information in the search warrant served on Trump's Mar-a-Lago residence in Palm Beach, Fla., last year.” [NBC News, 7/25/23]
Summer 2022: Federal Prosecutors Suspected Trump Might Have Classified Documents At His Bedminster Club Within Weeks Of The FBI Search Of Mar-a-Lago. According to the Guardian, “Federal prosecutors investigating Donald Trump’s retention of national security material were examining evidence within weeks of the FBI search of Mar-a-Lago last year that he might have handled classified documents at his Bedminster club in New Jersey, according to two people close to the matter. The indications of classified documents at Bedminster so alarmed prosecutors that they focused part of the investigation on whether Trump might have transported the materials or disclosed their contents there in addition to refusing to return them to the government, the people said.” [Guardian, 6/22/23]
September 2022: After The FBI Mar-a-Lago Search, Prosecutors Gave Trump Another Chance To Turn Over Any Relevant Materials. According to the New York Times, “One thing, however, is for certain: Even after the F.B.I. searched Mar-a-Lago, Mr. Bratt and his team remained concerned that Mr. Trump was still holding on to classified documents in violation of a subpoena for them that the government had issued three months earlier. So prosecutors contacted Mr. Trump’s representatives in September — one month after the Mar-a-Lago search — to give the former president yet another chance to return any relevant material, according to sealed court papers described to The Times.” [New York Times, 6/27/23]
Fall 2022: Trump Rejected Lawyer Kise’s Idea Of Negotiating With The Justice Department To Avoid Being Charged In The Classified Documents Investigation. According to the Washington Post, “One of Donald Trump’s new attorneys proposed an idea in the fall of 2022: The former president’s team could try to arrange a settlement with the Justice Department. The attorney, Christopher Kise, wanted to quietly approach Justice to see if he could negotiate a settlement that would preclude charges, hoping Attorney General Merrick Garland and the department would want an exit ramp to avoid prosecuting a former president. Kise would hopefully ‘take the temperature down,’ he told others, by promising a professional approach and the return of all documents. But Trump was not interested after listening to other lawyers who urged a more pugilistic approach, so Kise never approached prosecutors, three people briefed on the matter said. A special counsel was appointed months later.” [Washington Post, 6/14/23]
Trump Ignored The Advice Of His Own Lawyers And Advisors And Instead Listened To Judicial Watch Head Tom Fitton. According to the Washington Post, “Trump time and again rejected the advice from lawyers and advisers who urged him to cooperate and instead took the advice of Tom Fitton, the head of the conservative group Judicial Watch, and a range of others who told him he could legally keep the documents and should fight the Justice Department, advisers said. Trump would often cite Fitton to others, and Fitton told some of Trump’s lawyers that Trump could keep the documents, even as they disagreed, the advisers said.” [Washington Post, 6/14/23]
October 2022: Draining The Pool At Mar-a-Largo Resulted In The Flooding Of A Room Where The Servers Containing The Surveillance Video Logs Were Kept. According to CNN, “An employee at Donald Trump’s Mar-a-Lago residence drained the resort’s swimming pool last October and ended up flooding a room where computer servers containing surveillance video logs were kept, sources familiar with the matter told CNN.” [CNN, 6/5/23]
Late October 2022: A Hearing Was Scheduled Over A Motion To Compel Trump To Comply With The Original Subpoena. According to the New York Times, “The government responded by filing a motion to compel compliance with the original subpoena, and a hearing was scheduled for late October in front of Judge Beryl A. Howell, who was then the chief judge in Federal District Court in Washington.” [New York Times, 6/27/23]
December 8, 2022: A Federal Court Of Appeals Overturned The Appointment Of A Special Master Who Was Charged With Overseeing Documents Seized By The FBI. According to Politico, “Former President Donald Trump’s quest for outside supervision of the Justice Department’s investigation into sensitive White House records seized at his Mar-a-Lago estate came to an end Thursday, after he failed to challenge an appeals court ruling rejecting such oversight. Trump had a week to contest the issue before the full bench of the Atlanta-based 11th Circuit Court of Appeals or at the Supreme Court, but he did not. The appeals court formalized its ruling Thursday afternoon ending the so-called ‘special master’ process a lower judge established in September.” [Politico, 12/8/22]
December 9, 2022: Judge Howell Declined To Hold Trump In Contempt For Failing To Certify Documents Were Fully Turned Over. According to CNN, “A federal judge declined to hold former President Donald Trump in contempt of court in a closed-door hearing on Friday, two sources familiar with the matter told CNN. The sources also told CNN that Chief Judge Beryl Howell instead pressed the Trump team and the Justice Department to work together to find a mutually agreeable resolution. ABC News first reported the judge had urged the teams to resolve the matter themselves. The contempt proceedings for Trump ended after almost 90 minutes behind closed doors on Friday afternoon at a Washington, DC, courthouse. CNN observed prosecutors, including the Justice Department’s counterintelligence chief Jay Bratt, and attorneys for Trump exiting the courthouse just before 3:30 p.m. ET. The two legal teams had gathered in the chambers area for Howell, who was set to consider whether to hold Trump in contempt for failing to comply with a subpoena ordering him to turn over classified records, according to CNN’s reporting. […] The DOJ sought to hold Trump and his office in contempt for not fully complying with the subpoena following the search of his Mar-a-Lago resort in August. Being held in contempt over subpoenas for documents has become a feature of the former president’s court tangles since he left office.” [CNN, 12/9/22]
December 12, 2022: Judge Cannon Dismissed Trump Attempt To Impose Special Master. According to CNN, “The special master review of evidence seized from former President Donald Trump’s Mar-a-Lago estate is no more. Judge Aileen Cannon on Monday formally dismissed the case, which Trump brought to challenge the Mar-a-Lago evidence collection and in which she appointed special master Raymond Dearie, another judge, to make recommendations on whether prosecutors could access evidence.” [CNN, 12/12/22]
December, 2022: Trump Lawyers Found Box Of White House Schedules With Some Marked Classified After Junior Aide Transported The Box Of Schedules From Secondary Office To Mar-A-Lago. According to the Guardian, “Donald Trump’s lawyers found a box of White House schedules, including some that were marked classified, at his Mar-a-Lago resort in December because a junior aide to the former president had transported it from another office in Florida after the FBI completed its search of the property. The former president does not appear to have played a direct role in the mishandling of the box, though he remains under investigation for the possible improper retention of national security documents and obstruction of justice. This previously unreported account of the retrieval was informed by two sources familiar with the matter.” [The Guardian, 2/24/23]
December 2022: Trump Lawyer Parlatore Testified Before The Classified Documents Grand Jury. According to ABC News, “A top attorney for former President Donald Trump gave previously undisclosed testimony before a grand jury late last year regarding efforts by Trump's team to locate any classified documents that remained in Trump's possession after the FBI's unprecedented August search of his Mar-a-Lago estate, sources familiar with the matter told ABC News. The Dec. 22 testimony from attorney Timothy Parlatore was ordered after months of wrangling between Trump's attorneys and officials in the Justice Department, who had grown increasingly concerned that Trump still continued to hold onto classified documents after more than 100 were discovered in the August 8 search, sources said.” [ABC News, 3/23/23]
January 23, 2023: The Special Counsel Subpoenaed The National Archives. According to CNN, “In her letter, Wall says that NARA began searching for relevant records after receiving a subpoena from Smith’s team on Jan. 23, 2023. The Archives found 104 unclassified documents that matched what federal prosecutors had requested.” [CNN, 5/17/23]
January 2023: Trump Lawyer Corcoran Testified Before A Federal Grand Jury Over Trump Classified Documents. According to the New York Times, “Through witness interviews, subpoenas and other steps, Mr. Smith has been moving aggressively since being named to take over the inquiries nearly three months ago, seeking to make good on his goal of resolving as quickly as possible whether Mr. Trump, still a leading contender for the 2024 Republican presidential nomination, should face charges. […] His prosecutors have brought a member of Mr. Trump’s legal team, M. Evan Corcoran, before a federal grand jury investigating why Mr. Trump did not return classified information kept at his Mar-a-Lago residence and private club in Florida. Justice Department officials have interviewed at least one other Trump lawyer in connection with the documents case.” [New York Times, 2/12/23]
January 2023: Trump Lawyer Bobb Appeared Before A Grand Jury Investigating Trump’s Classified Documents. According to the Wall Street Journal, “Two lawyers for Donald Trump appeared before a grand jury last month as part of the special counsel investigation into the handling of classified documents and other records discovered at the former president’s South Florida residence and private club, according to people familiar with the matter. Christina Bobb and Evan Corcoran, lawyers who have represented Mr. Trump in dealings with the Justice Department over the classified documents, made their appearances in the early weeks of January as the special counsel, Jack Smith, ramped up his investigation, the people said.” [Wall Street Journal, 2/11/23]
January 2023: Trump Lawyer Habba Appeared Before The Federal Grand Jury For Classified Documents. According to CNN, “Alina Habba, an attorney for former President Donald Trump, appeared last month before a federal grand jury investigating the mishandling of classified documents from his time in the White House, two sources familiar with the investigation told CNN. Habba is the third Trump lawyer known to have been brought before the DC-based grand jury, which is investigating obstruction in addition to criminal violations of government records laws.” [CNN, 2/14/23]
February 9, 2023: Special Counsel Smith Subpoenaed Former National Security Advisor Robert O’Brien In Both The 2020 Election And Classified Documents Probes. According to CNN, “Former national security adviser Robert O’Brien has been subpoenaed by special counsel Jack Smith in both his investigation into classified documents found at former President Donald Trump’s Mar-a-Lago residence and the probe related to efforts to overturn the 2020 election, according to a source familiar with the matter.” [CNN, 2/9/23]
February 10, 2023: Folder And Document With Classified Markings, As Well As A Trump Aide’s Laptop, Was Turned Over To Investigators. According to ABC News, “Former President Donald Trump's legal team turned over a folder with classification markings found last month at his Mar-a-Lago resort to federal agents, multiple sources familiar with the matter tell ABC News. It is unclear what type of classification markings the folder had or what material had previously been inside. In addition to the folder, one document with classification markings was also turned over to investigators, the sources said. Additionally, sources tell ABC News that a laptop belonging to a current aide of the former president was also provided to federal agents.” [ABC News, 2/10/23]
March 16, 2023: At Least Two Dozen Mar-A-Lago Staff Were Subpoenaed To Testify Before A Federal Grand Jury In The Classified Documents Investigation. According to CNN, “At least two dozen people – from Mar-a-Lago resort staff to members of Donald Trump’s inner circle at the Florida estate – have been subpoenaed to testify to a federal grand jury that’s investigating the former president’s handling of classified documents, multiple sources familiar with the investigation told CNN.” [CNN, 3/16/23]
March 16, 2023: Trump Communications Aide Martin Testified Before The Grand Jury. According to CNN, “On Thursday, Trump’s communications aide Margo Martin, who worked in the White House and then moved with Trump to Florida, appeared before the grand jury in Washington, DC. One of special counsel Jack Smith’s senior-most prosecutors was involved in the interview.” [CNN, 3/16/23]
March 17, 2023: Federal Judge Partially Ruled Trump Lawyer Cororan Must Testify Before A Grand Jury Into Trump’s Possession Of Classified Documents. According to the Washington Post, “A federal judge has at least partially granted a request from U.S. prosecutors to force an attorney for Donald Trump to testify before a grand jury about the former president’s possession of classified documents after leaving office, according to two people briefed on the decision. The lawyer, Evan Corcoran, had refused to answer investigators’ questions about his interactions with Trump, invoking attorney-client privilege — a principle of U.S. legal practice that says lawyers must keep confidential what they are told by their clients.” [Washington Post, 3/17/23]
March 17, 2023: Former Chief Federal Judge Howell Ruled That Prosecutors Presented Compelling Evidence That Trump Knowingly And Deliberately Misled His Own Attorneys About Retaining Classified Documents. According to ABC News, “Prosecutors in the special counsel's office have presented compelling preliminary evidence that former President Donald Trump knowingly and deliberately misled his own attorneys about his retention of classified materials after leaving office, a former top federal judge wrote Friday in a sealed filing, according to sources who described its contents to ABC News.” [ABC News, 3/21/23]
March 17, 2023: Judge Howell Ordered Corcoran To Comply With Grand Jury Subpoena Over Six Lines Of Inquiry. According to ABC News, “In her sealed filing, Howell ordered that Evan Corcoran, an attorney for Trump, should comply with a grand jury subpoena for testimony on six separate lines of inquiry over which he had previously asserted attorney-client privilege.” [ABC News, 3/21/23]
March 17, 2023: Judge Howell Ordered Corcoran To Produce Records. According to ABC News, “Sources added that Howell also ordered Corcoran to hand over a number of records tied to what Howell described as Trump's alleged ‘criminal scheme,’ echoing prosecutors. Those records include handwritten notes, invoices, and transcriptions of personal audio recordings.” [ABC News, 3/21/23]
March 17, 2023: Judge Howell Ordered Trump Attorney Little To Testify On All But One Topic Where Little Sought To Assert Privilege. According to ABC News, “As ABC News has previously reported, investigators sought to compel the testimony of Corcoran and another Trump attorney, Jennifer Little, as part of their probe, citing the crime-fraud exception, which allows for attorney-client privilege to be pierced in cases where it is suspected that legal services were rendered in the commission of a crime. Sources told ABC News that Howell ordered Little's testimony as well, with the exception of one of the topics for which she sought to assert attorney-client privilege.” [ABC News, 3/21/23]
March 22, 2023: Three Judge Panel Of D.C. Circuit Court Of Appeals Declined Trump’s Request To Stay Judge Howell’s Ruling. According to Politico, “Trump’s bid to appeal Howell’s ruling unfolded with extraordinary speed on Tuesday and overnight into Wednesday. After setting middle-of-the-night deadlines for filings in the dispute, a three-judge panel of the D.C. Circuit Court of Appeals on Wednesday afternoon declined Trump’s request for a stay of Howell’s ruling, ordering attorney Evan Corcoran to provide records to a Washington-based grand jury assigned to the special counsel’s probe.” [Politico, 3/22/23]
March 24, 2023: Trump Lawyer Corcoran Testified For About Three Hours Before The Grand Jury In The Mar-a-Lago Documents Investigation. According to the Washington Post, “A key lawyer for Donald Trump appeared Friday before a federal grand jury investigating whether the former president sought to keep top-secret documents in his home — testimony that capped an ultimately losing effort by Trump’s legal team to prevent prosecutors from reviewing the lawyer’s notes and other documents in the case. Shortly before 9 a.m., Evan Corcoran strode into the federal courthouse in D.C., where judges had previously ruled he could not use attorney-client privilege to shield his material from investigators. He left about 12:20 p.m. Both Corcoran and his lawyer, Michael Levy — who accompanied his client to the courthouse but is not allowed to enter the grand jury room with him — declined to comment to waiting reporters.” [Washington Post, 3/24/23]
April 2, 2023: New Evidence Suggested Trump May Have Obstructed Investigation Into His Taking Of Classified Documents. According to the Washington Post, “Justice Department and FBI investigators have amassed fresh evidence pointing to possible obstruction by former president Donald Trump in the investigation into top-secret documents found at his Mar-a-Lago home, according to people familiar with the matter.” [Washington Post, 4/2/23]
April 7, 2023: Secret Service Agents Connected To Trump Were Subpoenaed And Were Likely To Testify Before The Grand Jury In The Classified Documents Probe. According to Fox News, “Several U.S. Secret Service agents connected to former President Trump have been subpoenaed and are expected to testify before a Washington, D.C., grand jury likely on Friday this week. The grand jury appearances are related to Special Counsel Jack Smith's probe into the handling of classified documents at Trump's personal estate, Mar-a-Lago. A source familiar with the probe did not give a definitive number of agents involved, but confirmed the April 7 scheduled testimony.” [Fox News, 4/3/23]
April 14, 2023: Federal Prosecutors Asked Witnesses Who Either Worked For Trump Of Had Legal Representation Provided By Trump Whether Their Attorneys Tried To Influence Their Testimony To Protect Trump. According to CNN, “Federal prosecutors investigating former President Donald Trump’s handling of classified documents are pressing multiple witnesses for details about their attorneys, including whether any of them have attempted to influence testimony in order to protect the former president, multiple sources tell CNN. Investigators have focused these questions toward a group of witnesses who either work for Trump or are represented by lawyers provided by him. In some instances, prosecutors have asked how witnesses found their lawyers and if they know how they were compensated during grand jury sessions.” [CNN, 4/14/23]
April 15, 2023: Trump Lawyer Corcoran Recused Himself From Representing Trump In The Classified Documents Case. According to the Washington Post, “One of former president Donald Trump’s top lawyers on the Mar-a-Lago classified documents case is no longer working on the matter after he appeared before a federal grand jury last month, according to people familiar with the move. Evan Corcoran is still representing Trump in other cases, such as special counsel Jack Smith’s probe into the Jan. 6, 2021, attack on the U.S. Capitol, according to these people, who spoke on the condition of anonymity to discuss sensitive information they are not authorized to disclose.” [Washington Post, 4/15/23]
April 20-21, 2023: Trump Advisor Epshteyn Interviewed By The Special Counsel’s Office. According to ABC News, “After meeting with special counsel Jack Smith's office for multiple hours Thursday, top Trump adviser Boris Epshteyn is expected to continue his interview today, sources familiar with the matter tell ABC News.” [ABC News, 4/21/23]
April 26, 2023: A Letter From Trump’s Attorneys To The House Intelligence Committee Said That Classified Briefings Of Phone Calls With Foreign Leaders Were Among The Documents Returned To The National Archives In January 2022. According to CNN, “Two of Donald Trump’s defense lawyers now believe that classified briefings of phone calls with foreign leaders were among ‘all manner of documents’ in 15 boxes that Trump returned to the National Archives a year after he left the presidency, according to a new letter his lawyers sent to Congress.” [CNN, 4/26/23]
April-May 2023: Questions About Handling Of Footage And Response To DOJ Request Prompted Another Round Of Subpoenas To Top Trump Employees. According to CNN, “Prosecutors for special counsel Jack Smith have been asking questions in recent weeks about the handling of surveillance footage from former President Donald Trump’s Mar-a-Lago resort after the Trump Organization received a subpoena last summer for the footage, according to multiple sources familiar with the investigation. The handling of the footage, and how employees within the Trump Organization responded to the Justice Department’s demand for it, have prompted a new round of grand jury subpoenas to top Trump employees in the last few weeks, the sources told CNN.” [CNN, 5/4/23]
April-May 2023: Almost Everyone Who Worked At Mar-a-Lago Was Subpoenaed. According to the New York Times, “In the past few weeks, at least four more Mar-a-Lago employees have been subpoenaed, along with another person who had visibility into Mr. Trump’s thinking when he first returned material to the National Archives, according to people briefed on the matter. Two people said that nearly everyone who works at Mar-a-Lago has been subpoenaed, and that some who serve in fairly obscure jobs have been asked back by investigators.” [New York Times, 5/4/23]
Prosecutors Subpoenaed The Software Company That Handled All The Surveillance Footage At Mar-a-Lago After Gaps In The Footage Were Found. According to the New York Times, “Prosecutors have also issued several subpoenas to Mr. Trump’s company, the Trump Organization, seeking additional surveillance footage from Mar-a-Lago, his residence and private club in Florida, people with knowledge of the matter said. While the footage could shed light on the movement of the boxes, prosecutors have questioned a number of witnesses about gaps in the footage, one of the people said. But hoping to understand why some of the footage from the storage camera appears to be missing or unavailable — and whether that was a technological issue or something else — the prosecutors subpoenaed the software company that handles all of the surveillance footage for the Trump Organization, including at Mar-a-Lago.” [New York Times, 5/4/23]
May 4, 2023: Trump Organization COO Matthew Calamari And Trump Organization Director Of Security Matthew Calamari, Jr. Expected To Testify Before The Grand Jury Concerning Handling Of Surveillance Footage At Mar-a-Lago. According to CNN, “Longtime Trump Organization executives Matthew Calamari Sr. and his son Matthew Calamari Jr. are expected to appear Thursday before the grand jury investigating possible mishandling of classified documents brought to Trump’s Mar-a-Lago home, sources said. Prosecutors are expected to ask them about the handling of the surveillance footage and Trump employees’ conversations following the subpoena, according to the sources. Calamari Sr., the executive vice president and chief operating officer of the Trump Organization, has primarily overseen security operations for Trump and his properties during his decadeslong career working for Trump. His son, Calamari Jr., is director of security for the Trump Organization.” [CNN, 5/4/23]
Federal Prosecutors Obtained Confidential Cooperation Of A Person Who Worked For Trump At Mar-a-Lago. According to the New York Times, “Federal prosecutors investigating former President Donald J. Trump’s handling of classified documents have obtained the confidential cooperation of a person who has worked for him at Mar-a-Lago, part of an intensifying effort to determine whether Mr. Trump ordered boxes containing sensitive material moved out of a storage room there as the government sought to recover it last year, multiple people familiar with the inquiry said.” [New York Times, 5/4/23]
Mid-May 2023: Trump IT Worker Taveras Testified Before The Grand Jury About His Dealings With Trump Aide Nauta And Mar-a-Lago Head Of Maintenance Deoliveira. According to the New York Times, “Two weeks ago, the latest of these employees, an information technology worker named Yuscil Taveras, appeared before a grand jury in Washington, according to two people familiar with the matter. Mr. Taveras was asked questions about his dealings with two other Trump employees: Walt Nauta, a longtime aide to Mr. Trump who served as one of his valets in the White House, and Carlos Deoliveira, described by one person familiar with the events as the head of maintenance at Mar-a-Lago.” [New York Times, 5/31/23]
May 16, 2023: The National Archives Informed Trump That It Would Be Turning Over 16 Records To Smith Showing Trump And His Top Advisors Were Knowledgeable Of The Correct Declassification Process. According to CNN, “The National Archives has informed former President Donald Trump that it is set to hand over to special counsel Jack Smith 16 records that show Trump and his top advisers had knowledge of the correct declassification process while he was president, according to multiple sources. In a May 16 letter obtained by CNN, acting Archivist Debra Steidel Wall writes to Trump, ‘The 16 records in question all reflect communications involving close presidential advisers, some of them directed to you personally, concerning whether, why, and how you should declassify certain classified records.’” [CNN, 5/17/23]
Federal Prosecutors Subpoenaed The Trump Organization For Information On Its Foreign Business Dealings Since He Became President. According to the New York Times, “Federal prosecutors overseeing the investigation into former President Donald J. Trump’s handling of classified documents have issued a subpoena for information about Mr. Trump’s business dealings in foreign countries since he took office, according to two people familiar with the matter. The subpoena — drafted by the office of the special counsel, Jack Smith — sought details on the Trump Organization’s real estate licensing and development dealings in seven countries: China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman, according to the people familiar with the matter. The subpoena sought the records for deals reached since 2017, when Mr. Trump was sworn in as president.” [New York Times, 5/22/23]
May 23, 2023: Trump’s Lawyers Wrote A Letter To Attorney General Garland Requesting A Meeting Over The Special Counsel’s Investigations Into Trump. According to the Washington Post, “Former president Donald Trump’s legal team fired off a letter to Attorney General Merrick Garland on Tuesday asking for a meeting to discuss what they call the ‘unfair’ treatment of their client by special counsel Jack Smith.” [Washington Post, 5/23/23]
Prosecutors Had Evidence That Trump Kept Classified Documents In His Office Where They Were Visible. According to the Washington Post, “Prosecutors in addition have gathered evidence indicating that Trump at times kept classified documents in his office in a place where they were visible and sometimes showed them to others, these people said.” [Washington Post, 5/25/23]
Prosecutors Had Evidence That Trump Showed Classified Documents To Others. According to the Washington Post, “Prosecutors in addition have gathered evidence indicating that Trump at times kept classified documents in his office in a place where they were visible and sometimes showed them to others, these people said.” [Washington Post, 5/25/23]
May 2023: Trump Lawyer Corcoran Reportedly Said He Was Told Not To Search Trump’s Office At Mar-a-Lago For Classified Documents. According to the Guardian, “Donald Trump’s lawyer tasked with searching for classified documents at Mar-a-Lago after the justice department issued a subpoena told associates that he was waved off from searching the former president’s office, where the FBI later found the most sensitive materials anywhere on the property. The lawyer, Evan Corcoran, recounted that several Trump aides had told him to search the storage room because that was where all the materials that had been brought from the White House at the end of Trump’s presidency ended up being deposited. Corcoran found 38 classified documents in the storage room. He then asked whether he should search anywhere else but was steered away, he told associates. Corcoran never searched Trump’s office and told prosecutors that the 38 papers were the extent of the material at Mar-a-Lago.” [Guardian, 5/30/23]
The Special Counsel Questioned A Mar-a-Lago Employee Over A Government Demand For Surveillance Footage In The Summer Of 2022. According to the Washington Post, “A Mar-a-Lago employee who helped move boxes of documents last June has been questioned about his conduct weeks later related to a government demand for surveillance footage from Donald Trump’s property, according to a person familiar with the federal probe of the former president’s handling of classified material. The employee’s actions in June and July have caught the attention of special counsel Jack Smith’s investigators as they try to determine whether Trump or people close to him sought to obstruct justice in the face of a grand jury subpoena to return all documents marked classified, or lied about what happened, according to people familiar with the matter who spoke on the condition of anonymity to discuss a sensitive investigation.” [Washington Post, 5/30/23]
The Special Counsel Obtained A July 2021 Recording Of Trump Acknowledging He Held Onto A Classified Pentagon Document Concerning A Potential Attack On Iran. According to CNN, “Federal prosecutors have obtained an audio recording of a summer 2021 meeting in which former President Donald Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran, multiple sources told CNN, undercutting his argument that he declassified everything.” [CNN, 5/31/23]
In Responding To A Subpoena, Trump’s Attorneys Said They Could Not Find The Classified Iran Document. According to CNN, “Attorneys for Donald Trump turned over material in mid-March in response to a federal subpoena related to a classified US military document described by the former president on tape in 2021 but were unable to find the document itself, two sources tell CNN. Prosecutors issued the subpoena shortly after asking a Trump aide before a federal grand jury about the audio recording of a July 2021 meeting at Trump’s golf course in Bedminster, New Jersey. On the recording, Trump acknowledges he held onto a classified Pentagon document about a potential attack on Iran.” [CNN, 6/2/23]
June 5, 2023: Trump Attorneys Rowley, Trusty, And Halligan Met With Special Counsel Smith And Other Justice Department Officials To Convince Them Not To Charge Trump In The Classified Documents Investigation. According to NBC News, “Attorneys for Donald Trump met with officials at the Justice Department on Monday morning, the week the grand jury investigating the former president's handling of classified documents is expected to meet again. NBC News has confirmed that part of Trump's legal team met with special counsel Jack Smith and others at Justice Department headquarters in Washington on Monday, according to a person familiar with the matter. Three of Trump's lawyers — James Trusty, John Rowley and Lindsey Halligan — were at the Justice Department and met with the group of Justice Department officials, which included at least one other career prosecutor; the meeting did not include Attorney General Merrick Garland or Deputy Attorney General Lisa Monaco. Trump's team was first spotted by CBS News and then was seen emerging from the building just before noon.” [NBC News, 6/5/23]
May-June 2023: The Special Counsel Sought Testimony Before A South Florida Grand Jury. According to the Wall Street Journal, “In recent days, Smith’s prosecutors have also sought testimony related to the documents probe before a grand jury in southern Florida, in what some people familiar with the process said appeared to be an effort to tie up several loose ends.” [Wall Street Journal, 6/5/23]
Mark Meadows Testified Before The Grand Jury. According to the New York Times, “Mark Meadows, the final White House chief of staff under President Donald J. Trump and a potentially key figure in inquiries related to Mr. Trump, has testified before a federal grand jury hearing evidence in the investigations being led by the special counsel’s office, according to two people briefed on the matter.” [New York Times, 6/6/23]
June 7, 2023: Director Of Trump’s Super PAC Budowich Testified Before The Miami Grand Jury. According to CNN, “Taylor Budowich, who has worked as a spokesman for Donald Trump, has arrived at the federal courthouse in Miami to appear before a grand jury as part of special counsel Jack Smith’s investigation into the former president’s handling of classified documents. Budowich and his attorney, Stanley Woodward, declined to answer questions as they arrived. Still aligned closely with the former president, Budowich now runs a super PAC backing Trump called MAGA, Inc.” [CNN. 6/7/23]
A Former White House Official Told Federal Prosecutors That Trump Knew The Proper Process For Declassifying Documents. According to CNN, “A key former White House official was interviewed earlier this year by special counsel prosecutors investigating the handling of classified materials by both former President Donald Trump and President Joe Biden, CNN has learned. […] Speaking to CNN on condition of anonymity, the former official said he told federal prosecutors that Trump knew the proper process for declassifying documents and followed it correctly at times while in office.” [CNN, 6/8/23]
Trump’s Defense Team Turned Over Multiple Recordings Of Interviews Trump Gave To Non-Government Sources To The Special Counsel. According to CNN, “Donald Trump’s legal team turned over multiple recordings of the former president’s interviews with members of the media and book authors to federal prosecutors during their investigation, according to sources familiar with the matter. Special counsel Jack Smith disclosed in a court filing Wednesday that investigators had more tapes of interviews with Trump conducted by non-government entities and recorded with his consent but did not say what the tapes said or how they were obtained.” [CNN, 6/22/23]
May 2023: Trump Was Informed He Was A Target Of The Classified Documents Investigation. According to the New York Times, “Federal prosecutors have informed the legal team for former President Donald J. Trump that he is a target of their investigation into his handling of classified documents after he left office, according to two people familiar with the matter. The notification to Mr. Trump’s team by prosecutors from the office of the special counsel, Jack Smith, was the clearest signal yet that the former president is likely to face charges in the investigation.” [New York Times, 6/7/23]
Trump Said His Lawyers Informed Him That He Has Been Indicted In Classified Documents Probe. According to NBC News, “In a post on Truth Social, Trump said his lawyers were informed he's been indicted. ‘The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoax,’ Trump wrote on Truth Social.” [NBC News, 6/8/23]
Trump Was Charged With 37 Counts
Trump Was Charged With 37 Counts. According to CNBC, “The criminal indictment against Donald Trump over his handling of classified government records was unsealed Friday. The 37-count indictment was made public a day after the former president was charged in the case by a grand jury in U.S. District Court in Miami.” [CNBC, 6/9/23]
Trump Faced The Possibility Of Years In Prison And Disqualification From Public Office. According to Bloomberg, “A conviction for willfully concealing or destroying government records carries a penalty of disqualification from office, however legal experts are in disagreement about whether that applies to the presidency. Violating the Espionage Act by retaining national defense information can carry up to 10 years in prison, and obstructing justice can carry up to 20 years behind bars, although Trump would be unlikely to face maximum penalties.” [Bloomberg, 6/8/23]
Trump Was Charged With 31 Counts Of “Willful Retention Of National Defense Information.” According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNTS 1-31 Willful Retention of National Defense Information (18 U.S.C. § 793(e)) […] 77. On or about the dates set forth in the table below, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, DONALD J. TRUMP, having unauthorized possession of, access to, and control over documents relating to the national defense, did willfully retain the documents and fail to deliver them to the officer and employee of the United States entitled to receive them; that is-TRUMP, without authorization, retained-at The Mar-a-Lago Club documents relating to the national defense.” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
Willfully Retaining National Defense Secrets Is A Violation Of The Espionage Act. According to the New York Times, “The Justice Department on Thursday took the legally and politically momentous step of lodging federal criminal charges against former President Donald J. Trump, accusing him of mishandling classified documents he kept upon leaving office and then obstructing the government’s efforts to reclaim them. Mr. Trump confirmed on his social media platform that he had been indicted. The charges against him include willfully retaining national defense secrets in violation of the Espionage Act, making false statements and a conspiracy to obstruct justice, according to two people familiar with the matter.” [New York Times, 6/9/23]
Trump Was Charged With One Count Of Conspiracy To Obstruct Justice
Trump Was Charged With One Count Of Conspiracy To Obstruct Justice. According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNT32 Conspiracy to Obstruct Justice (18 U.S.C. § 1512(k)) […] 79. From on or about May 11, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP and WALTINE NAUTA, did knowingly combine, conspire, confederate, and agree with each other and with others known and unknown to the grand jury, to engage in misleading conduct toward another person and corruptly persuade another person to withhold a record, document, and other object from an official proceeding, in violation of 18 U.S.C. § 1512(b)(2)(A), and to corruptly conceal a record, document, and other object from an official proceeding, in violation of 18 U.S.C. § 1512(c)(l).” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
The Penalty For Conspiracy Was Up To 5 Years In Prison. According to the New York Times, “Conspiracy Charges It is a crime to agree with another person to break a law. Prosecutors would need to show that Mr. Trump and some other person had a meeting of the minds about committing a specific crime and that one of them took some step toward that goal. The penalty can be up to five years.” [New York Times, 6/9/23]
Trump Was Charged With One Count Of Withholding A Document Or Record
Trump Was Charged With One Count Of Withholding A Document Or Record. According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNT33 Withholding a Document or Record (18 U.S.C. §§ 1512(b)(2)(A), 2) […] 83. From on or about May 11, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP and WALTINE NAUTA, did knowingly engage in misleading conduct toward another person, and knowingly corruptly persuade and attempt to persuade another person, with intent to cause and induce any person to withhold a record, document, and other object from an official proceeding; that is-(1) TRUMP attempted to persuade Trump Attorney 1 to hide and conceal documents from a federal grand jury; and (2) TRUMP and NAUTA misled Trump Attorney 1 by moving boxes that contained documents with classification markings so that Trump Attorney 1 would not find the documents and produce them to a federal grand jury. All in violation of Title 18, United States Code, Sections 1512(b)(2)(A) and 2.” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
Trump Was Charged With One Count Of Corruptly Concealing A Document Or Record
Trump Was Charged With One Count Of Corruptly Concealing A Document Or Record. According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNT34 Corruptly Concealing a Document or Record (18 U.S.C. §§ 1512(c)(l), 2) […] 85. From on or about May 11-, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP and WALTINE NAUTA, did corruptly conceal a record, document, and other object, and attempted to do so, with the intent to impair the object's integrity and availability for use in an official proceeding; that is-TRUMP and NAUTA hid and concealed boxes that contained documents with classification markings from Trump Attorney 1 so that Trump Attorney 1 would not find the documents and produce them to a federal grand jury. All in violation of Title 18, United States Code, Sections 1512(c)(l) and 2.” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
Trump Was Charged With One Count Of Concealing A Document In A Federal Investigation
Trump Was Charged With One Count Of Concealing A Document In A Federal Investigation. According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNT35 Concealing a Document in a Federal Investigation (18 u.s.c. §§ 1519, 2) […] 87. From on or about May 11, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP and WALTINE NAUTA, did knowingly conceal, cover up, falsify, and make a false entry in any record, document, and tangible object with the intent to impede, obstruct, and influence the investigation and proper administration of any matter within the jurisdiction of a department and agency of the United States, and in relation to and contemplation of any such matter; that is-during a federal criminal investigation being conducted by the FBI, (1) TRUMP and NA UTA hid, concealed, and covered up from the FBI TRUMP' s continued possession of documents with classification markings at The Mar-a-Lago Club; and (2) TRUMP caused a false certification to be submitted to the FBI. All in violation of Title 18, United States Code, Sections 1519 and 2.” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
Trump Was Charged With One County Of Scheme To Conceal
Trump Was Charged With One Count Of Scheme To Conceal. According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNT36 Scheme to Conceal (18 U.S.C. §§ lO0l(a)(l), 2) […] 89. From on or about May 11, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP and WALTINE NAUTA, in a matter within the jurisdiction of the judicial branch and executive branch of the United States government, did knowingly and willfully falsify, conceal, and cover up by any trick, scheme, and device a material fact; that is-during a federal grand jury investigation and a federal criminal investigation being conducted by the FBI, TRUMP and NA UTA hid and concealed from the grand jury and the FBI TRUMP's continued possession of documents with classification markings. All in violation of Title 18, United States Code, Sections lO0I(a)(l) and 2.” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
Trump Was Charged With One Count Of False Statements And Representations
Trump Was Charged With One Count Of False Statements And Representations. According to the indictment in United States v. Donald J. Trump and Waltine Nauta, “COUNT37 False Statements and Representations (18 U.S.C. §§ 1001(a)(2), 2) […] 91. On or about June 3, 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendant, DONALD J. TRUMP, in a matter within the jurisdiction of the judicial branch and executive branch of the United States government, did knowingly and willfully make and cause to be made a materially false, fictitious, and fraudulent statement and representation.” [Indictment, “United States v. Donald J. Trump and Waltine Nauta,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 6/8/23]
Making False Statements To Law Enforcement Was Punishable With Up To 5 Years Per Offense. According to the New York Times, “It is a crime to make a false statement to a law enforcement officer about a fact material to the officer’s investigation. Such crimes carry a penalty of up to five years per offense. Mr. Trump is not known to have directly made substantive statements to the government, but prosecutors could charge him if they can show that he conspired with or induced another person to lie to the Justice Department about there being no further documents responsive to the subpoena. Or, if prosecutors can show that he induced his lawyers to unwittingly lie to the Justice Department, they could charge Mr. Trump directly for causing the false statement even if he himself did not commit the offense himself. The law says that ‘whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.’” [New York Times, 6/9/23]
Trump Pleaded Not Guilty To All Charges. According to CNN, “Former President Donald Trump has pleaded not guilty to 37 charges related to alleged mishandling of classified documents.” [CNN, 6/13/23]
Trump Asked For A Jury Trial. According to CNN, “Trump’s lawyers asked for a jury trial during the former president’s arraignment Tuesday at a federal courthouse in Miami.” [CNN, 6/13/23
Trump’s Legal Team Was Informed He Was A Target Of An Investigation By Federal Prosecutors Into His Handling Of Classified Documents After Leaving Office. According to the New York Times, “Federal prosecutors have informed the legal team for former President Donald J. Trump that he is a target of their investigation into his handling of classified documents after he left office, according to two people familiar with the matter.” [New York Times, 6/7/23]
Trump’s Lawyers Met With The Special Counsel At The Department Of Justice To Keep The Federal Government From Prosecuting Trump Over Handling Of Classified Documents. According to the Washington Post, “Attorneys for Donald Trump went to the Justice Department on Monday morning to make their case that the government should not charge the former president in connection with his possession of classified documents after leaving office, according to people familiar with the matter. Trump lawyers Lindsey Halligan, John Rowley and James Trusty spent about two hours at the Justice Department and left without speaking to reporters. They met with Justice Department personnel including special counsel Jack Smith and a senior career official, but not Attorney General Merrick Garland or Deputy Attorney General Lisa Monaco, said people familiar with the matter, who like others interviewed for this article spoke on the condition of anonymity to discuss a closed-door proceeding.” [Washington Post, 6/5/23]
Trump’s Lawyers Spent About Two Hours At The Department Of Justice. According to the Washington Post, “Trump lawyers Lindsey Halligan, John Rowley and James Trusty spent about two hours at the Justice Department and left without speaking to reporters.” [Washington Post, 6/5/23]
August 17, 2023: The D.C. Grand Jury Completed Its Work. According to Politico, “In an apparent bid to assuage any continuing concerns by Cannon about a grand jury hundred of miles away working on matters related to the case she is handling, Smith’s team informed her that the D.C. grand jury officially completed its work Aug. 17.” [Politico, 8/22/23]
June 9, 2023: The Case Was Assigned To Judge Aileen Cannon. 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, 6/9/23]
June 9, 2023: Trump Aide Walt Nauta Charged With Six Felonies In Connection To Trump’s Mishandling Of Classified Documents. According to NBC News, “Walt Nauta, an aide to Donald Trump, has been indicted on federal criminal charges connected to the former president's alleged mishandling of classified documents. Nauta was hit with six charges including conspiracy to obstruct, withholding a document or record and scheme to conceal, according to the federal indictment that was unsealed Friday afternoon. Nauta, Trump's butler and body man — whose legal bills are being paid by a Trump political organization — had come under scrutiny by investigators over his shifting accounts of whether he moved boxes of documents at the former president’s Mar-a-Lago estate in Florida at his urging.” [NBC News, 6/9/23]
June 13, 2023: Trump Pleaded Not Guilty To All Charges. According to CNN, “Former President Donald Trump has pleaded not guilty to 37 charges related to alleged mishandling of classified documents.” [CNN, 6/13/23]
Trump Asked For A Jury Trial. According to CNN, “Trump’s lawyers asked for a jury trial during the former president’s arraignment Tuesday at a federal courthouse in Miami. ‘We most certainly enter a plea of not guilty,’ Trump attorney Todd Blanche told the judge.” [CNN, 6/13/23]
Trump Was Ordered Not To Discuss The Facts Of The Case With Any Witnesses Or His Co-Defendant Nauta. According to the Washington Post, “Flanked by his lawyers, Blanche and Christopher Kise, the former president listened impassively as U.S. magistrate judge Jonathan Goodman said he planned to order the former president not to have any contact with witnesses in the case — or his co-defendant Waltine ‘Walt’ Nauta — as the case proceeds. He did not speak at all except to whisper to Blanche, seated to his right, and Kise, seated to his left. […] The judge relented somewhat, saying that Trump should not speak to Nauta or witnesses about the facts of the case. As to which Trump employees might be affected by the restriction, the judge instructed the prosecution team to provide a list. Trump finished signing the bond paperwork at about 3:31 p.m., after it appeared it had to be returned to the defense table twice more because he and his lawyers didn’t sign or initial every line needed. ‘Third time’s a charm,’ Goodman said.” [Washington Post, 6/13/23]
June 15, 2023: Judge Cannon Ordered All Lawyers In The Classified Documents Case To Contact The Justice Department About Obtaining Security Clearances. According to Politico, “U.S. District Court Judge Aileen Cannon took one of her first substantive steps Thursday in Donald Trump’s prosecution for amassing military secrets at his Mar-a-Lago estate. In a brief order, Cannon required all attorneys in the case — for Trump as well as his longtime valet, Walt Nauta, who is charged alongside him as an alleged co-conspirator — to contact the Justice Department about obtaining security clearances. The same instructions apply to any ‘forthcoming’ attorneys, the judge said.” [Politico, 6/15/23]
June 19, 2023: Trump Lawyers Informed The Judge That They Had Begun Process Of Obtaining Security Clearances. According to the New York Times, “Lawyers for former President Donald J. Trump have told the judge overseeing his documents case that they have started the process of obtaining security clearances, the first step of what is likely to be a major fight over classified evidence before his trial.” [New York Times, 6/19/23]
June 19, 2023: The Judge Ruled That Trump Could Not Retain Or Publicize Evidence Provided In Discovery. According to the Guardian, “A Florida judge handed prosecutors in Donald Trump’s classified documents lawsuit a significant victory on Monday by ruling the former president cannot publicly disclose any of the evidence against him. Trump, who was arraigned in Miami last week on a 37-count indictment over his improper storage and handling of classified materials at his Mar-a-Lago resort, can also only view, but not retain, any of the evidence under the direct supervision of his lawyers, the order from the magistrate judge, Bruce Reinhart, stated.” [Guardian, 6/19/23]
June 21, 2023: Prosecutors Began Providing Evidence To Trump’s Attorneys In The Classified Documents Case. According to CNN, “Special counsel Jack Smith has begun producing evidence in the Mar-a-Lago documents case to Donald Trump, according to a Wednesday court filing that hints that investigators collected for the case multiple recordings of the former president – not just audio of an interview Trump gave at Bedminster for a forthcoming Mark Meadows memoir.” [CNN, 6/21/23]
June 23, 2023: The Special Counsel Asked To Move The Trial Date Back To December 11. According to Bloomberg, “The judge handling the case had scheduled the trial to begin in August. Special Counsel Jack Smith said in a filing Friday night that a Dec. 11 start will allow more time for Trump’s lawyers to obtain required security clearances and to look at all evidence held by prosecutors.” [Bloomberg, 6/23/23]
Prosecutors Proposed That Any Motions Seeking To Dismiss Charges Be Made By July 31. According to Politico, “Prosecutors proposed that Trump and Nauta submit any motions seeking to dismiss some or all charges in the case in about five weeks, by July 31. That could prove to be an aggressive timetable given some issues raised by the first federal criminal case against a former president.” [Politico, 6/23/23]
The Special Counsel Provided A List To Trump And Co-Defendant Nauta Of Witnesses They Should Not Discuss The Classified Documents Case With. According to CNN, “The special counsel’s office also said in a court filing Friday night that it has given Turmp [sic] and Nauta the list of witnesses with whom they should not discuss the Mar-a-Lago documents case.” [CNN, 6/23/23]
June 26, 2023: Judge Cannon Denied The Government’s Request To Keep The List Of Witnesses Trump Was Barred From Discussing The Classified Documents Case With Under Seal. According to the New York Times, “The federal judge overseeing former President Donald J. Trump’s prosecution on charges of illegally holding on to sensitive national security documents denied on Monday the government’s request to keep secret a list of witnesses with whom Mr. Trump has been barred from discussing his case.” [New York Times, 6/26/23]
June 26, 2023: CNN Obtained The Audio Recording Of Trump’s Discussion Of Possessing Secret Documents. According to CNN, “CNN has exclusively obtained the audio recording of the 2021 meeting in Bedminster, New Jersey, where President Donald Trump discusses holding secret documents he did not declassify.” [CNN, 6/26/23]
June 28, 2023: Trump Campaign Advisor Wiles Was Identified As The “PAC Representative” Mentioned In The Indictment. According to ABC News, “One of the top advisers on Donald Trump's 2024 campaign is among the individuals identified but not named by special counsel Jack Smith in his indictment against the former president for allegedly mishandling classified documents after leaving the White House and obstructing the government's efforts to retrieve them, sources familiar with the matter told ABC News. Susie Wiles, one of Trump's most trusted advisers leading his second reelection effort, is the individual singled out in Smith's indictment as the ‘PAC Representative’ who Trump is alleged to have shown a classified map to in August or September of 2021, sources said.” [ABC News, 6/28/23]
“Trump Employee 1” Was Hayler Harrison And “Trump Employee 2” Was Molly Michael. According to ABC News, “Sources have also further identified some of the other figures mentioned by Smith's team in the indictment. Hayley Harrison and Molly Michael are said to be ‘Trump Employee 1’ and ‘Trump Employee 2,’ respectively. The indictment details their text messages back and forth about moving Trump's boxes out of the business center as his Mar-a-Lago estate to create room for staff to work.” [ABC News, 6/28/23]
“Trump Representative 1” Was Lawyer Alex Cannon. According to ABC News, “Nauta and Trump Employee 2, identified by sources as Michael, exchanged messages back and forth about the status of Trump's review of the boxes, and on Dec. 29, 2021, Trump Employee 2 texted ‘Trump Representative 1,’ who sources say is former Trump lawyer Alex Cannon, to provide him an update, according to the indictment. Cannon was in touch with the National Archives and responsible for facilitating the initial transfer of 15 boxes from Mar-a-Lago back to the National Archives in January 2022.” [ABC News, 6/28/23]
Trump Campaign Advisor Wiles Met Multiple Times With Federal Prosecutors In The Special Documents Probe. According to CNN, “A senior campaign official for Donald Trump was allegedly shown a classified map by the former president during a meeting at his New Jersey golf club after Trump left office, according to a source familiar with the matter. The campaign adviser, Susie Wiles, has spoken to federal investigators numerous times as part of the special counsel’s Mar-a-Lago documents probe, multiple sources told CNN.” [CNN, 6/29/23]
June 29, 2023: The Department Of Justice And The Office Of The Director Of National Intelligence Had No Record Of Trump’s Supposed “Standing Order” That Instantly Declassified Documents. According to Bloomberg, “A ‘standing order’ that former President Donald Trump has claimed authorized him to instantly declassify documents removed from the Oval Office could not be found by either the Justice Department or Office of Director of National Intelligence. The disclosure by the agencies was made in response to a Freedom of Information Act lawsuit filed last August by Bloomberg News, which sued ODNI and the Justice Department’s national security division for a copy of Trump’s so-called standing order — if one existed.” [Bloomberg, 6/29/23]
July 5, 2023: Additional Portions Of The Affidavit The FBI Used To Obtain A Search Warrant For Mar-a-Lago Were Unsealed. According to the New York Times, “A federal magistrate judge unsealed on Wednesday additional portions of the affidavit that the F.B.I. used last summer to obtain a warrant to search for sensitive documents at Mar-a-Lago, former President Donald J. Trump’s private club and residence in Florida, revealing a few new details about how that extraordinary process had unfolded.” [New York Times, 7/5/23]
July 6, 2023: Trump Co-Defendant Nauta Pled Not Guilty On Six Charges In The Classified Documents Case. According to The Hill, “Walt Nauta, former President Trump’s co-conspirator in the Mar-a-Lago case, pleaded not guilty in a Miami courtroom Thursday to obstruction of justice and other charges connected to withholding classified records from authorities. Nauta, a former White House military valet, faces charges on six counts in the case after he was spotted on security cameras moving boxes in and out of the storage room at Trump’s Florida home.” [The Hill, 7/6/23]
July 10, 2023: Trump Asked The Court To Delay His Trial While He Was A Presidential Candidate. According to Politico, “Donald Trump on Monday called for a lengthy delay before he goes to trial for allegedly hoarding military secrets at his Mar-a-Lago estate, contending that proceeding while he remains a candidate for president would make it virtually impossible to seat an impartial jury. ‘Proceeding to trial during the pendency of a Presidential election cycle wherein opposing candidates are effectively (if not literally) directly adverse to one another in this action will create extraordinary challenges in the jury selection process and limit the Defendants’ ability to secure a fair and impartial adjudication,’ attorneys for Trump and his personal aide and co-defendant, Walt Nauta, said in a court filing Monday night.” [Politico, 7/11/23]
Trump’s Team Pledged To Oppose Any Trial During The 2024 Presidential Election Season. According to Politico, “The defense filing says bluntly that this December is too soon to start a trial and urges Cannon not to set a trial date now, but makes clear that Trump’s lawyers oppose any trial that would start during the presidential election season, which will get underway in earnest late this year. Assuming Trump wins the Republican nomination, the defense position appears to urge nearly a year of delay beyond what prosecutors are proposing.” [Politico, 7/11/23]
The Special Counsel Said There Was “No Basis In Law Or Fact” To Delay Trump’s Trial Indefinitely. According to Politico, “Special counsel Jack Smith’s team sharply rebuked Donald Trump’s bid to postpone until after the 2024 election his criminal trial for allegedly hoarding classified documents, characterizing the former president’s call for delay as unfounded and one of his key legal arguments as ‘borderline frivolous.’ In an 11-page filing signed by assistant special counsel David Harbach, prosecutors said federal law and the Constitution require the trial to be put on as soon as practical — not with an ‘open-ended’ date built around Trump’s political calendar. ‘There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion, and the Defendants provide none,’ Harbach writes.” [Politico, 7/13/23]
The Special Counsel Called The Invocation Of The Presidential Records Act “Borderline Frivolous.” According to Politico, “Smith’s team rejected the notion that issues raised by Trump are particularly complex or unprecedented, citing cases related to former President Richard Nixon and cases that have upheld the power of special counsels to conduct federal investigations. And Trump’s contention that the Presidential Records Act — a federal recordkeeping law with no criminal component — provides him a defense in this case is ‘borderline frivolous,’ Harbach wrote. ‘The Defendants are, of course, free to make whatever arguments they like for dismissal of the indictment, and the Government will respond promptly,’ he said. ‘But they should not be permitted to gesture at a baseless legal argument, call it ‘novel’ and then claim the court will require an indefinite continuance in order to resolve it.’” [Politico, 7/13/23]
The Special Counsel Said They Had Already Provided The Vast Majority Of Unclassified Information To Trump’s Defense Team. According to Politico, “In addition, prosecutors have turned over the vast majority of unclassified information to Trump’s legal team, including all witness statements given to prosecutors through May 12, 2023. More recent witness statements will be turned over in the next week, the Justice Department team said.” [Politico, 7/13/23]
July 27, 2023: Trump Proposed He Should Be Able To Discuss Classified Material At Mar-A-Lago And Possibly Bedminster, Not Just In A Sensitive Compartmented Information Facility (SCIF). According to Bloomberg, “In a court filing Thursday, Special Counsel Jack Smith’s team laid out a proposal for safeguarding sensitive national defense information as the federal prosecution against Trump moves forward in a Florida federal court. They wrote that they would agree to give Trump access to classified material without him needing special approval, but he could only discuss it in a secure location known as a sensitive compartmented information facility, or SCIF. Trump’s legal team ‘expressed concerns regarding the inconvenience’ of forcing Trump to meet in a SCIF, prosecutors wrote. The defense instead asked that he be allowed to discuss the evidence in an office at his Mar-a-Lago resort, where he also lives, and possibly his golf club in Bedminster, New Jersey, — his summer home — according to the filing.” [Bloomberg, 7/27/23]
July 27, 2023: The Special Counsel Filed New Charges Against Trump, Including Attempting To Destroy Evidence, Inducing Someone To Destroy Evidence, And An Additional Violation Of The Espionage Act. According to the New York Times, “The revised indictment added three serious charges against Mr. Trump: attempting to ‘alter, destroy, mutilate, or conceal evidence’; inducing someone else to do so; and a new count under the Espionage Act related to a classified national security document that he showed to visitors at his golf club in Bedminster, N.J.” [New York Times, 7/27/23]
The Indictment Alleged That De Oliveira To Delete The Server That Held The Security Camera Footage Sought In A Grand Jury Subpoena. According to Politico, “The new indictment alleges that on June 27, 2022, De Oliveira met with a Trump Organization employee in an audio closet at Mar-a-Lago and asked that person — unnamed in the indictment — to delete the security camera video sought by prosecutors in a grand jury subpoena days earlier. ‘De Oliveira told [the employee] ‘the boss’ wanted the server deleted,’ the new indictment alleges. The employee ‘responded that he would not know how to do that, and that he did not believe he would have the rights to do that,’ the indictment adds.” [Politico, 7/27/23]
An Additional Charge Concerned The Possession Of A Classified War Plan To Attack Iran That Was Mentioned In The Original Indictment. According to Politico, “The new indictment in the Florida case adds new details about Trump’s alleged handling of the classified war plan, believed to be a plan of attack on Iran. It alleges that, on July 21, 2021, Trump shared the plan at his club in Bedminster, New Jersey, with two people working on a book being written by his former chief of staff, Mark Meadows. In the original indictment, prosecutors had revealed they had a recording of that conversation, but they hadn’t yet charged Trump with possessing the document. The new indictment charges that Trump also had that classified war plan at his Mar-a-Lago estate in Palm Beach, Fla. It does not specify how the document reached either location.” [Politico, 7/27/23]
A Superseding Indictment Added Three Additional Charges Against Trump
Federal Prosecutors Added New Accusations Against Trump In A Superseding Indictment. According to the New York Times, “Federal prosecutors on Thursday added major accusations to an indictment charging former President Donald J. Trump with mishandling classified documents after he left office, presenting evidence that he told the property manager of Mar-a-Lago, his private club and residence in Florida, that he wanted security camera footage there to be deleted. The new accusations were revealed in a superseding indictment that named the property manager, Carlos De Oliveira, as a new defendant in the case. He is scheduled to be arraigned in Miami on Monday.” [New York Times, 7/27/23]
The New Charges Against Trump Included Attempting To Destroy Or Conceal Evidence, Inducing Someone To Destroy Or Conceal Evidence, And An Additional Violation Of The Espionage Act. According to the New York Times, “The revised indictment added three serious charges against Mr. Trump: attempting to ‘alter, destroy, mutilate, or conceal evidence’; inducing someone else to do so; and a new count under the Espionage Act related to a classified national security document that he showed to visitors at his golf club in Bedminster, N.J.” [New York Times, 7/27/23]
Trump Was Charged With One Count Of Altering, Destroying, Mutilating, or Concealing an Object. According to the indictment in United States v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, “COUNT 40 Altering, Destroying, Mutilating, or Concealing an Object (18 U.S.C. §§ 1512(b)(2)(B), 2) 113. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference. 114. From on or about June 22, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP, WALTINE NAUTA, and CARLOS DE OLIVEIRA did knowingly corruptly persuade and attempt to persuade another person, with intent to cause and induce any person to alter, destroy, mutilate, and conceal an object with intent to impair the object's integrity and availability for use in an official proceeding; that is-TRUMP, NAUT A, and DE OLIVEIRA requested that Trump Employee 4 delete security camera footage at The Mara-Lago Club to prevent the footage from being provided to a federal grand jury. All in violation of Title 18, United States Code, Sections l 5 I 2(b )(2)(8) and 2.” [Indictment, “United States v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira,” [United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 7/27/23]
Trump Was Charged With One Count Of Corruptly Altering, Destroying, Mutilating or Concealing a Document, Record, or Other Object. According to the indictment in United States v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, “COUNT 41 Corruptly Altering, Destroying, Mutilating or Concealing a Document, Record, or Other Object (18 U.S.C. §§ 1512(c)(l), 2) 115. The General Allegations of this Superseding Indictment are re-alleged and fully incorporated here by reference. 116. From on or about June 22, 2022, through in or around August 2022, in Palm Beach County, in the Southern District of Florida, and elsewhere, the defendants, DONALD J. TRUMP, WALTINE NAUTA, and CARLOS DE OLIVEIRA did corruptly alter, destroy, mutilate. and conceal a record, document and other object and attempted to do so, with the intent to impair the object's integrity and availability for use in an official proceeding; that is- TRUMP, NAUTA, and DE OLIVEIRA requested that Trump Employee 4 delete security camera footage at The Mar-a-Lago Club to prevent the footage from being provided to a federal grand jury. All in violation of Title 18, United States Code, Sections I 5 I 2(c)(l) and 2.” [Indictment, “United States v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira,” United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 7/27/23]
A 32nd Count Of “Willful Retention Of National Defense Information” Was Added In A Superseding Indictment. According to the indictment in United States v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira, “32 January 20, 2021 - January 17, 2022 TOPSECRET//NOFORN Presentation concerning military activity in a foreign country.” [Indictment, “United States v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira,” [United States District Court for the Southern District of Florida, Case No. 9:23-cr-80101-AMC, filed 7/27/23]
Each Of The Additional Obstruction of Justice Charges Carry A Maximum Penalty Of 20 Years In Prison. According to Politico, “Each of the new obstruction-of-justice charges carries a maximum penalty of 20 years in prison. The charge of willfully retaining national defense secrets is punishable by up to 10 years in prison.” [Politico, 7/27/23]
July 31, 2023: The Special Counsel Said The Additional Charges Against Trump Should Not Change The Trial Schedule Previously Set. According to Bloomberg, “Trump’s legal team hasn’t signaled yet if they’ll argue to postpone the trial in light of the additional charges. After the indictment was announced, Special Counsel Jack Smith’s office filed a notice with US District Judge Aileen Cannon preemptively arguing that it shouldn’t ‘disturb’ the schedule she already set and that prosecutors were taking steps ‘to ensure that it does not do so.’ They wrote that they would ‘promptly’ turn over evidence related to new obstruction charges against Trump, and make arrangements to produce material to De Oliveira once he has a lawyer licensed to practice in Florida. They said they would also work swiftly to get De Oliveira’s lawyers started with the security clearance process.” [Bloomberg, 7/31/23]
July 31, 2023: New Trump Co-Defendant De Oliveira Was Released On Bond. According to the New York Times, “Carlos De Oliveira, the property manager of Mar-a-Lago, former President Donald J. Trump’s private club and residence in Florida, appeared in court for the first time on Monday to face charges of conspiring with Mr. Trump to obstruct the government’s monthslong efforts to retrieve highly sensitive national security documents from the former president after he left office. Mr. De Oliveira did not enter a plea at his brief hearing in Federal District Court in Miami. The chief magistrate judge, Edwin G. Torres, released him on a $100,000 personal surety bond, and he was ordered to remain in the Southern District of Florida and to not have contact with any of the witnesses in the case.” [New York Times, 7/31/23]
De Oliveira Did Not Enter A Plea Because He Had Yet To Secure A Florida-Licensed Attorney. According to Bloomberg, “Carlos De Oliveira, a property manager at Trump’s Mar-a-Lago resort in Florida, made his first appearance Monday at the Miami federal courthouse after a grand jury returned an indictment on July 27 adding him to the case. He didn’t enter an initial plea because he hasn’t secured a Florida-licensed attorney.” [Bloomberg, 7/31/23]
August 2, 2023: Prosecutors Requested A Hearing To Inform Trump Co-Defendant Nauta Of The Potential Conflicts Of Interest His Lawyer Had. According to the Guardian, “Federal prosecutors requested a hearing to inform Donald Trump’s valet, Walt Nauta, about his lead lawyer’s potential conflicts of interest stemming from his defense work for at least three witnesses that could testify against Nauta and the former president in the classified documents case.” [Guardian, 8/2/23]
August 16, 2023: The Special Counsel Asked For A Hearing To Inform Trump Co-Defendant De Oliveira That His Lawyer Had Potential Conflicts Of Internet. According to the Guardian, “Special counsel prosecutors asked on Wednesday for a hearing to inform the Mar-a-Lago club’s maintenance chief, charged with helping Donald Trump to obstruct the government’s attempt to retrieve the classified documents at the property, that his lawyer might be hamstrung at trial due to potential conflicts of interest.” [Guardian, 8/16/23]
Judge Cannon Rejected The Government’s Request To Seal A Motion Concerning Conflicts Of Interest Involving Nauta’s Lawyer. According to the Messenger, “Last week, Special Counsel Jack Smith alleged that an attorney for former President Donald Trump’s personal valet and main co-defendant in his classified documents case may have at least three conflicts of interest. Prosecutors then tried to describe those conflicts in documents that they asked to be placed under seal to protect grand jury secrecy. On Monday morning, U.S. District Judge Aileen Cannon emphatically rejected those requests for secrecy, telling prosecutors in a two-page order that they ‘plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.’” [Messenger, 8/7/23]
Judge Cannon Asked The Justice Department And Nauta To Weigh In On The Legality Of Using A D.C. Grand Jury In A South Florida Court. According to CNN, “Judge Aileen Cannon is asking the Justice Department and Donald Trump co-defendant Walt Nauta to weigh in on the legality of special counsel Jack Smith’s ongoing grand jury activity in Washington, DC, which relates to the obstruction portion of the Mar-a-Lago documents case before her in Florida. In an order Monday, Cannon said Nauta’s lawyers ‘shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district’ by August 17. The special counsel must reply by August 22.” [CNN, 8/7/23]
August 22, 2023: The Special Counsel Said The IT Director At Mar-a-Lago Retracted “Prior False Testimony” After Switching Lawyers. According to the Associated Press, “A witness in the criminal case against Donald Trump over the hoarding of classified documents retracted ‘prior false testimony’ after switching lawyers last month and provided new information that implicated the former president, the Justice Department said Tuesday. The statements from the witness, a Trump staffer identified in court papers as the director of information technology at Mar-a-Lago, was presented to prosecutors weeks before special counsel Jack Smith secured an updated indictment accusing Trump and two others in a plot to delete surveillance video at the Florida property.” [Associated Press, 8/22/23]
After Being Informed That He Was A Target Of The Investigation And That His Lawyer Might Have A Conflict Of Interest, The IT Director Received A New Lawyer And Changed His Testimony. According to the Associated Press, “Prosecutors said in a court filing Tuesday that the witness told a grand jury in Washington in March that he could not recall any conversations about the security footage. But in July, after being warned by prosecutors that he was a target of the investigation and after being advised that his lawyer might have a conflict of interest because of his representation of others in the probe, the witness received a new attorney from the federal defender’s office and provided the Justice Department with information that helped form the basis of the revised indictment against Trump, his valet Walt Nauta and a third defendant, Carlos De Oliveira, the court filing says.” [Associated Press, 8/22/23]
August 30, 2023: Attorneys For Trump Co-Defendant de Oliveira Said There Was No Conflict Of Interest That One Of de Oliveira’s Lawyers Represented Three Potential Witnesses. According to CNN, “Lawyers for Carlos de Oliveira – the Mar-a-Lago property manager charged alongside former President Donald Trump in the classified documents case – said Wednesday that special counsel Jack Smith was overplaying a potential ethical conflict in their representation of their client. ‘In short, not only is there a lack of an actual conflict, which the Government apparently concedes, there is a lack of a potential one, as well,’ they said in a new court filing. Prosecutors had raised the issue earlier this month, telling the judge that one of De Oliveira’s attorneys, John Irving, was representing three other possible witnesses in the investigation who Smith’s team could potentially put on the stand at next year’s trial.” [CNN, 8/30/23]
Trump Asked The Court To Allow Him To Discuss Discovery Evidence At Mar-a-Lago. According to the New York Times, “Lawyers for former President Donald J. Trump on Wednesday asked the judge overseeing his prosecution on charges of risking national security secrets if he could discuss the classified discovery evidence in the case in the ‘secure facility’ that he once used for classified material when he was in office. The request to the federal judge, Aileen M. Cannon, was an attempt to get around a stricter provision contained in a protective order proposed by the government that would require Mr. Trump to discuss and review the classified evidence only in one of the highly secure locations run by the federal courts in Florida. While Mr. Trump’s lawyers refused to offer many details about their preferred location, they told Judge Cannon that it was ‘a previously approved facility at or near his residence’ — an apparent reference to Mar-a-Lago, Mr. Trump’s private club in Florida.” [New York Times, 8/9/23]
The Special Counsel Opposed Reestablishing A Secure Facility At Mar-a-Lago. According to The Hill, “The Justice Department (DOJ) is fighting an effort from former President Trump’s legal team to reestablish a secure facility in Mar-a-Lago, arguing he would be ‘the only defendant ever’ in a classified document case to review evidence in their home. ‘Creating a secure location in Trump’s residence — which is also a social club — so he can discuss classified information would be an unnecessary and unjustified accommodation that deviates from the normal course of cases involving classified discovery,’ the DOJ wrote in a brief Monday evening.” [The Hill, 8/14/23]
Judge Cannon Canceled A Hearing Over A Protective Order Concerning Classified Evidence. According to CNN, “US District Judge Aileen Cannon has canceled tentative plans to hold a hearing on August 25 on a protective order for classified evidence in the Mar-a-Lago documents case against former President Donald Trump.” [CNN, 8/17/23]
August 10, 2023: Trump And Nauta Pleaded Not Guilty To New Charges In The Classified Documents Case. According to ABC News, “Former President Donald Trump and longtime aide Walt Nauta both pleaded not guilty Thursday to new charges brought by special counsel Jack Smith in a superseding indictment last month in his classified documents probe.” [ABC News, 8/10/23]
August 15, 2023: Trump Co-Defendant De Oliveira Pleaded Not Guilty To Charges Of Conspiring To Thwart The Investigations Into Trump’s Possession Of Classified Documents. According to Reuters, “An aide to Donald Trump pleaded not guilty in federal court in Florida on Tuesday to charges he tried to helped the former U.S. president hide secret documents taken upon leaving office, U.S. media reported. Special Counsel Jack Smith's team has accused the aide, Carlos De Oliveira, of conspiring with Trump and another aide, Walt Nauta, to thwart an investigation into Trump's retention of the documents. Trump and Nauta have also pleaded not guilty to the charges.” [Reuters, 8/15/23]
September 13, 2023: Judge Cannon Issued A Protective Order Restricting How And When Trump Could Look At And Discuss Classified Information. According to CNN, “Former President Donald Trump will be restricted on how and when he can look at, and talk about, classified information, a judge decided Wednesday after a sealed hearing the day before. The decision appears to largely be in line with restrictions special counsel Jack Smith sought to protect classified information that may be evidence in the case against Trump, which accuses him of criminally mishandling sensitive national security secrets at his Florida club and residence after he left office.” [CNN, 9/13/23]
Trump Would Have To Use A Secure Facility To Review Classified Documents, But Cannon Did Not Specify Where The Facility Would Be. According to the New York Times, “For the past few weeks, lawyers for former President Donald J. Trump and federal prosecutors have been arguing about a touchy subject: Should Mr. Trump, accused of mishandling classified documents, be allowed to discuss the secret papers with his lawyers in the secure facility he once used as president at Mar-a-Lago — the very place the F.B.I. swooped down on last summer to retrieve some of the records after he failed to return them? On Wednesday, Judge Aileen M. Cannon, who is presiding over the documents case, gave an answer to that question — albeit one that was rather vague. In an order setting up a series of rules to protect the classified materials at the heart of the proceeding, Judge Cannon said that Mr. Trump would indeed need to use a secure facility to review the sensitive records, but she did not specify where that facility would be.” [New York Times, 9/13/23]
Long-Time Trump Assistant Molly Michael Told Investigators That Trump Repeatedly Wrote Her To-Do Lists On Classified Documents. According to ABC News, “One of former President Donald Trump's long-time assistants told federal investigators that Trump repeatedly wrote to-do lists for her on documents from the White House that were marked classified, according to sources familiar with her statements. As described to ABC News, the aide, Molly Michael, told investigators that -- more than once -- she received requests or taskings from Trump that were written on the back of notecards, and she later recognized those notecards as sensitive White House materials -- with visible classification markings -- used to brief Trump while he was still in office about phone calls with foreign leaders or other international-related matters.” [ABC News, 9/18/23]
Michael Notified The FBI Of The Documents When She Discovered They Were Not Taken By The FBI During Their Search Of Mar-a-Lago. According to ABC News, “The notecards with classification markings were at Trump's Mar-a-Lago estate when FBI agents searched the property on Aug. 8, 2022 -- but the materials were not taken by the FBI, according to sources familiar with what Michael told investigators. When Michael, who was not present for the search, returned to Mar-a-Lago the next day to clean up her office space, she found the documents underneath a drawer organizer and helped transfer them to the FBI that same day, sources told ABC News.” [ABC News, 9/18/23]
Trump Allegedly Told Michael, "You Don't Know Anything About The Boxes." According to ABC News, “Sources said that after Trump heard the FBI wanted to interview Michael last year, Trump allegedly told her, ‘You don't know anything about the boxes.’” [ABC News, 9/18/23]
October 12, 2023: Hearings Scheduled On Potential Conflicts Of Interest For Trump Co-Defendants Nauta And De Oliveira. According to The Hill, “Judge Aileen Cannon agreed Monday to a Justice Department (DOJ) request to hold hearings to examine potential conflicts of interest of two attorneys representing former President Trump’s co-defendants in the Mar-a-Lago case. The move comes after the DOJ warned that the two attorneys are representing other clients who may be called as witnesses against Walt Nauta, Trump’s valet who moved boxes in and out of a storage room, and Carlos De Oliveira, the Mar-a-Lago property manager who assisted him. […] Dual hearings on the matters are now set for Oct. 12. Cannon’s decision comes after special counsel Jack Smith’s team has complained in filings about Trump’s offer to pay for the attorneys of those swept up in his legal troubles.” [The Hill, 9/25/23]
May 20, 2024: Trial Date Set By Judge Cannon For The Classified Documents Case. According to the Wall Street Journal, “A federal judge in Florida has pushed to May 2024 the prospective date of former President Donald Trump’s criminal trial over his handling of classified documents after he left office, ensuring the proceedings play out well into the election cycle. In an order Friday, Judge Aileen Cannon, a Trump appointee who is overseeing the case, rejected Trump’s efforts to delay the trial until after the 2024 presidential campaign in which he is the Republican front-runner. But she also stopped short of setting it in December as the Justice Department had requested, writing, ‘the Government’s proposed schedule is atypically accelerated and inconsistent with ensuring a fair trial.’” [Wall Street Journal, 7/21/23]
July 2022: Sources Said The Department Of Justice Was Investigating Trump’s Actions To Overturn The 2020 Election. According to the Washington Post, “The Justice Department is investigating President Donald Trump’s actions as part of its criminal probe of efforts to overturn the 2020 election results, according to four people familiar with the matter. Prosecutors who are questioning witnesses before a grand jury — including two top aides to Vice President Mike Pence — have asked in recent days about conversations with Trump, his lawyers, and others in his inner circle who sought to substitute Trump allies for certified electors from some states Joe Biden won, according to two people familiar with the matter. Both spoke on the condition of anonymity to discuss an ongoing investigation.” [Washington Post, 7/26/22]
September 2022: The Justice Department Was Investigating The Fake Electors Plot, False Election Fraud Claims, Legal Efforts To Challenge Trump’s Electoral Loss, And The Effort To Finance Efforts To Overturn The 2020 Election. According to CNN, “Justice Department criminal prosecutors are now examining nearly every aspect of former President Donald Trump’s efforts to overturn the 2020 election – including the fraudulent electors plot, efforts to push baseless election fraud claims and how money flowed to support these various efforts – according to sources and copies of new subpoenas obtained by CNN. The investigation is also stretching into cogs of the sprawling Trump legal machine that boosted his efforts to challenge his electoral loss – with many of the recipients of 30-plus subpoenas that were issued in recent days being asked to turn over communications with several Trump attorneys.” [CNN, 9/13/22]
A December 2020 Memo From Lawyer Kenneth Chesebro Proposed The Idea Of Using Fake Electors To Overturn The 2020 Election Despite Concluding That The Supreme Court Would “Likely” Reject The Plan. According to the New York Times, “A lawyer allied with President Donald J. Trump first laid out a plot to use false slates of electors to subvert the 2020 election in a previously unknown internal campaign memo that prosecutors are portraying as a crucial link in how the Trump team’s efforts evolved into a criminal conspiracy. The existence of the Dec. 6, 2020, memo came to light in last week’s indictment of Mr. Trump, though its details remained unclear. But a copy obtained by The New York Times shows for the first time that the lawyer, Kenneth Chesebro, acknowledged from the start that he was proposing ‘a bold, controversial strategy’ that the Supreme Court ‘likely’ would reject in the end.” [New York Times, 8/8/23]
Kenneth Chesebro, The Architect Of The Fake Electors Scheme, Was Discovered To Be With Alex Jones In Restricted Areas Outside The Capitol On January 6. According to CNN, “When conspiracy theorist Alex Jones marched his way to the US Capitol on January 6, 2021, riling up his legion of supporters, an unassuming middle-aged man in a red ‘Trump 2020’ hat conspicuously tagged along. Videos and photographs reviewed by CNN show the man dutifully recording Jones with his phone as the bombastic media personality ascended to the restricted area of the Capitol grounds where mobs of then-President Donald Trump’s supporters eventually broke in. While the man’s actions outside the Capitol that day have drawn little scrutiny, his alleged connections to a plot to overthrow the 2020 election have recently come into sharp focus: He is attorney Kenneth Chesebro, the alleged architect of the scheme to subvert the 2020 Electoral College process by using fake GOP electors in multiple states.” [CNN, 8/18/23]
November 2022: The U.S. Attorney’s Office In Washington Subpoenaed Giuliani For Records Concerning His Representation Of Trump. According to the New York Times, “Rudolph W. Giuliani, the lawyer who oversaw former President Donald J. Trump’s legal challenges to the 2020 election, has received a grand jury subpoena for records related to his representation of Mr. Trump, including those that detailed any payments he received, a person familiar with the matter said on Monday. The subpoena, which was sent in November, bore the name of a prosecutor in the U.S. attorney’s office in Washington. It predated the appointment of Jack Smith, the special counsel chosen to take over the Justice Department’s investigation of the roles that Mr. Trump and several of his aides and lawyers played in seeking to overturn the results of the election. It remained unclear, however, if Mr. Smith and his team have assumed control of the part of the inquiry related to Mr. Giuliani.” [New York Times, 1/9/23]
December 2022: Trump Campaign Officials Received A Subpoena From The January 6 Grand Jury. According to the Washington Post, “A wide-ranging subpoena sent to Trump campaign officials last month shows new areas of investigative interest as part of the Justice Department’s extensive Jan. 6 criminal probe, according to a copy reviewed by The Washington Post, and lawyers say a grand jury focused on the day’s events and related fundraising has increased its activities in recent months. The subpoena was received in early December, according to a former Trump campaign official who provided the document to The Post on the condition of anonymity because a criminal investigation is ongoing. The document seeks more than two dozen categories of information, and includes some questions that were not part of a series of similar subpoenas reviewed by The Post that were sent to several dozen people in September.” [Washington Post, 1/11/23]
December 2022: Election Officials In Arizona, Michigan, Pennsylvania, And Wisconsin Were Subpoenaed For Any And All Communication With Trump, His Aides And Allies, And His Campaign. According to the Associated Press, “Special counsel Jack Smith has subpoenaed local election officials in Wisconsin, Michigan, Arizona and Pennsylvania, asking for communications with or involving former President Donald Trump, his 2020 campaign aides and a list of allies involved in his efforts to try to overturn the results of the election. The requests, issued to Milwaukee and Dane counties in Wisconsin; Wayne County, Michigan; Maricopa County, Arizona; and Allegheny County, Pennsylvania, are the first known subpoenas by Smith, who was named special counsel last month by Attorney General Merrick Garland.” [Associated Press, 12/6/22]
December 2022: Special Counsel Sent Grand Jury Subpoena To Georgia Secretary Of State Raffensperger And Election Officials In Nevada. According to the Washington Post, “Special counsel Jack Smith has sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nev., bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for any and all communications with Trump, his campaign, and a long list of aides and allies.” [Washington Post, 12/12/22]
January 2023: The Special Counsel’s Office Interviewed Former Acting Homeland Security Secretary Wolf. According to Bloomberg, “Chad Wolf, former acting homeland security secretary, has been interviewed as part of a special counsel’s probe into efforts by Donald Trump and his allies to overturn the 2020 election, according to a person familiar with the matter. Wolf sat for a four-hour recorded discussion under oath a few weeks ago with several FBI agents and Justice Department lawyers rather than appear before a federal grand jury, said the person, who spoke on condition of anonymity to discuss an ongoing investigation. The interview was conducted by representatives of Special Counsel Jack Smith, who was appointed by Attorney General Merrick Garland to take over the probe in November, after former President Trump declared his candidacy for the White House in 2024.” [Bloomberg, 2/8/23]
January 2023: The Special Counsel Got A Search Warrant For Trump’s Twitter Account. According to the New York Times, “Prosecutors working for Jack Smith, the special counsel who has twice brought indictments against former President Donald J. Trump, obtained a search warrant early this year for Mr. Trump’s long-dormant Twitter account as part of their inquiry into his attempt to overturn the 2020 election, according to court papers unsealed on Wednesday. The warrant, which was signed by a federal judge in Washington in January after Elon Musk took over Twitter, now called X, is the first known example of prosecutors directly searching Mr. Trump’s communications and adds a new dimension to the scope of the special counsel’s efforts to investigate the former president.” [New York Times, 8/9/23]
February 9, 2023: Special Counsel Smith Subpoenaed Former Vice President Pence In Regards To Trump Attempts To Overturn The 2020 Election. According to ABC News, “Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing probes into former President Donald Trump, according to multiple sources familiar with the matter. Sources told ABC News that the subpoena from special counsel Jack Smith requests documents and testimony related to the failed attempt by Trump and his allies to overturn the 2020 election, which culminated in the deadly Jan. 6 attack on the U.S. Capitol. The subpoena follows months of negotiations between federal prosecutors and Pence's legal team.” [ABC News, 2/9/23]
February 9, 2023: Special Counsel Smith Subpoenaed Former National Security Advisor O’Brien In Both The 2020 Election And Classified Documents Probes. According to CNN, “Former national security adviser Robert O’Brien has been subpoenaed by special counsel Jack Smith in both his investigation into classified documents found at former President Donald Trump’s Mar-a-Lago residence and the probe related to efforts to overturn the 2020 election, according to a source familiar with the matter.” [CNN, 2/9/23]
February 12, 2023: The Special Counsel Investigated How And Why Trump’s Save America PAC Paid Their Vendors. According to the New York Times, “In addition to the documents and Jan. 6 investigations, Mr. Smith appears to be pursuing an offshoot of the Jan. 6 case, examining Save America, a pro-Trump political action committee, through which Mr. Trump raised millions of dollars with his false claims of election fraud. That investigation includes looking into how and why the committee’s vendors were paid. […] More recently his team has been asking witnesses about research the Trump campaign commissioned by an outside vendor shortly after the election that was intended to come up with evidence of election fraud. The existence of that research was reported earlier by The Washington Post. The apparently related investigation into the activities of Mr. Trump’s main fund-raising arm, the Save America PAC in Florida, was emerging even before Mr. Smith arrived in Washington around Christmas from The Hague. A vast array of Trump vendors have been subpoenaed. Investigators have been posing questions related to how money was paid to other vendors, indicating that they are interested in whether some entities were used to mask who was being paid or if the payments were for genuine services rendered.” [New York Times, 2/12/23]
February 15, 2023: Former Chief Of Staff Meadows Subpoenaed By The Special Counsel Over January 6. According to CNN, “Donald Trump’s former chief of staff Mark Meadows has been subpoenaed by the special counsel investigating the former president and his role in the January 6, 2021, insurrection, a source familiar with the matter told CNN. Special counsel Jack Smith’s office is seeking documents and testimony related to January 6, and Meadows received the subpoena sometime in January, the source said. An attorney for Meadows declined to comment.” [CNN, 2/15/23]
February 22, 2023: The Special Counsel Subpoenaed Ivanka Trump And Jared Kushner Concerning Trump’s Efforts To Overturn The 2020 Election. According to the New York Times, “Former President Donald J. Trump’s daughter Ivanka and his son-in-law, Jared Kushner, have been subpoenaed by the special counsel to testify before a federal grand jury about Mr. Trump’s efforts to stay in power after he lost the 2020 election and his role in a pro-Trump mob’s attack on the Capitol on Jan. 6, 2021, according to two people briefed on the matter. The decision by the special counsel, Jack Smith, to subpoena Ms. Trump and Mr. Kushner underscores how deeply into Mr. Trump’s inner circle Mr. Smith is reaching, and is the latest sign that no potential high-level witness is off limits.” [New York Times, 2/22/23]
February 24, 2023: Chief Judge Howell Released Previous Sealed Rulings That Rejected Most Of Representative Perry’s Claims Of Protections Under The Speech And Debate Clause Concerning Documents On His Cell Phone. According to the Washington Post, “Chief Judge Beryl A. Howell of the U.S. District Court in D.C. released a number of previously sealed opinions after finding that the ‘powerful public interest’ outweighed the need for secrecy in the constitutional battle over Perry’s claims and the historic investigation. The Pennsylvania Republican has asserted that 2,219 documents contained on his phone are shielded by the Constitution’s ‘speech or debate’ clause, which grants members of Congress immunity from criminal investigation in their official capacities. But in a ruling in December, Howell rejected that claim for more than 90 percent of the records, ordering Perry to turn over 2,055 text messages, emails and attachments after concluding that they were only incidentally related to his status as a lawmaker, and not central to that status and constitutionally protected as part of his lawmaking. ‘What is plain is that the Clause does not shield Rep. Perry’s random musings with private individuals touting an expertise in cybersecurity or political discussions with attorneys from a presidential campaign, or with state legislators concerning hearings before them about possible local election fraud or actions they could take to challenge election results in Pennsylvania,’ Howell wrote.” [Washington Post, 2/25/23]
Chief Judge Howell Unsealed Her Order, Which Was Stayed By A Federal Appeals Court, After The Opinion Was Released To The House General Counsel’s Office And Certain Members Of Congress. According to the Washington Post, “The scope and nature of the Perry fight had been secret, because they involve an FBI search warrant used to seize Perry’s phone on Aug. 9. But Howell said the Justice Department agreed to unseal details Friday because a federal appeals court held fast-tracked public arguments this week after staying Howell’s order and approved the release of her key opinions to certain members of Congress and the House general counsel’s office. That office has taken Perry’s side. Perry’s lawyers objected to the unsealing, but Howell said redactions protected his interests, noting that the government’s specific allegations about why Perry’s phone might contain evidence of a crime remain under seal.” [Washington Post, 2/25/23]
March 2023: Michigan Secretary Of State Benson Spoke With Federal Prosecutors In The Investigation Into Efforts To Overturn The 2020 Election. According to CNN, “Federal prosecutors interviewed Michigan Secretary of State Jocelyn Benson for ‘several hours’ in March as part of the ongoing criminal probe into efforts to overturn the 2020 election, Benson told CNN Wednesday. Her comments confirmed CNN’s earlier exclusive reporting on the meeting. ‘[The interview] really underscored, I think, the depth through which the federal prosecutors are looking into everything and the seriousness with which they’re taking what occurred and the quest for justice to ensure it doesn’t happen again,’ Benson told CNN’s Kaitlan Collins on ‘The Source.’” [CNN, 7/12/23]
April 4, 2023: Former Deputy Homeland Security Secretary Cuccinelli Was Seen Entering The Building Where The Grand Jury Met. According to CNN, “Now some of those same officials, including Wolf, Cuccinelli and O’Brien, as well as others who have so far refused to testify, may have to return to the grand jury in Washington, DC, to provide additional testimony after a series of pivotal court rulings that were revealed in recent weeks rejected Trump’s claims of executive privilege. Cuccinelli was spotted going back into the grand jury on Tuesday, April 4.” [CNN, 4/5/23]
April 11, 2023: Former White House Aide Miller Appeared Before The Grand Jury. According to Bloomberg, “Stephen Miller, a top White House aide to former President Donald Trump, appeared before a federal grand jury in Washington on Tuesday. Miller’s appearance came after a federal appeals court on April 4 rebuffed Trump’s request to block grand jury testimony by several former top administration advisers, a group that reportedly included Miller. Trump had unsuccessfully raised a challenge on executive privilege grounds before a district judge. Miller, accompanied by two attorneys, did not speak with reporters as he entered the courthouse and walked into the grand jury suite.” [Bloomberg, 4/11/23]
April 13, 2023: Former Director Of National Intelligence Ratcliffe Testified Before The Grand Jury. According to CNN, “Former Director of National Intelligence John Ratcliffe testified before a federal grand jury Thursday in Washington, DC, as part of the special counsel’s criminal probe into the aftermath of the 2020 election. Former President Donald Trump had sought to block testimony from Ratcliffe and other top officials from his administration, but courts have rejected his executive privilege claims.” [CNN, 4/13/23]
April 13, 2023: Former Acting Director Of National Intelligence Grenell Testified Before The Grand Jury. According to CNN, “Former acting Director of National Intelligence Richard Grenell testified Thursday before a grand jury investigating Donald Trump’s handling of classified documents. CNN identified Grenell as he was departing the courthouse in Washington, DC. Grenell was subpoenaed to testify in special counsel Jack Smith’s ongoing criminal probe, according to a source familiar with the matter.” [CNN, 4/13/23]
April 2023: Ken Block Was Subpoenaed And Met With Federal Prosecutors From The Special Counsel’s Office. According to the Washington Post, “Block said he recently received a subpoena from special counsel Jack Smith’s office and met with federal prosecutors in Washington, but he declined to discuss his interactions with them. Block said he contemporaneously sent his findings disputing fraud claims in writing to the Trump campaign in late 2020. ‘I just don’t believe it’s appropriate at this point in time to discuss anything related to the grand jury process,’ he said.” [Washington Post, 4/27/23]
Federal Prosecutors Interviewed Employees From Berkeley Research Group, Which Was Paid By The Trump Campaign To Investigate Election Fraud Claims. According to the Washington Post, “Separately, prosecutors have interviewed multiple employees from the Berkeley Research Group in recent weeks, another Trump-paid firm that produced a 29-page report ultimately undermining many of Trump’s fraud claims, according to three people familiar with the matter. Berkeley’s study contradicted claims made by Trump and his advisers that there were extensive numbers of dead voters and cases of fraud in states such as Georgia and Nevada.” [Washington Post, 4/27/23]
April 26, 2023: Former Fox News Producer Abby Grossberg Was In Discussions To Turn Audiotapes Over To The Special Counsel’s Office. According to CNN, “Special Counsel Jack Smith has expressed interest in audio tapes recorded by former Fox News producer Abby Grossberg while she worked at the right-wing network, her lawyer said. Grossberg attorney Gerry Filippatos told CNN on Wednesday that he has given a spreadsheet to the special counsel’s team, detailing the nearly 90 audiotapes in Grossberg’s possession. Talks are underway for a subpoena, so Grossberg can turn over the material to Smith’s team of federal prosecutors, who are investigating efforts by former President Donald Trump and his allies to overturn the 2020 election. ‘We’re in the process of negotiating a targeted subpoena for Abby’s electronic data, so they can have what they want,’ Filippatos said.” [CNN, 4/26/23]
May 2023: Trump Aide Russell Testified Before The Grand Jury. According to the New York Times, “A third track of Mr. Smith’s investigation is focused on Mr. Trump’s efforts to leverage claims of investigating election fraud to raise money. Mr. Trump raised tens of millions of dollars in small increments from donors as he aired allegations about election fraud that were eventually debunked. Mr. Smith’s team is still bringing witnesses to the grand jury in connection with that matter. One witness this week is William Russell, an aide to Mr. Trump who worked for him in the White House and who was paid by Mr. Trump’s political action committee, Save America, where much of the money raised went.” [New York Times, 5/22/23]
Mid-May 2023: The Special Counsel Subpoenaed Trump White House Staff Members Who May Have Been Involved In The Firing Of Top Cybersecurity Official Christopher Krebs. According to the New York Times, “The special counsel investigating former President Donald J. Trump’s efforts to cling to power after he lost the 2020 election has subpoenaed staff members from the Trump White House who may have been involved in firing the government cybersecurity official whose agency judged the election ‘the most secure in American history,’ according to two people briefed on the matter. The team led by the special counsel, Jack Smith, has been asking witnesses about the events surrounding the firing of Christopher Krebs, who was the Trump administration’s top cybersecurity official during the 2020 election. Mr. Krebs’s assessment that the election was secure was at odds with Mr. Trump’s baseless assertions that it was a ‘fraud on the American public.’” [New York Times, 5/31/23]
May 2023: The Special Counsel Sought Information On How White House Officials Approached The Justice Department As Trump Tried To Stay In Office. According to the New York Times, “Mr. Smith’s team is also seeking information about how White House officials, including in the Presidential Personnel Office, approached the Justice Department, which Mr. Trump turned to after his election loss as a way to try to stay in power, people familiar with the questions said.” [New York Times, 5/31/23]
The Special Counsel Asked About The Role Of White House Liaison To The Justice Department Heidi Stirrup. According to the New York Times, “By the time the election took place, Heidi Stirrup, a loyalist close to Mr. Trump’s policy adviser, Stephen Miller, had been installed as the White House liaison at the Justice Department. Mr. Smith’s office has asked questions about her role, one of the people briefed on the matter said.” [New York Times, 5/31/23]
May 2023: The Special Counsel Subpoenaed Steve Bannon In The January 6 Investigation. According to NBC News, “Former Trump White House official Steve Bannon has been subpoenaed by a federal grand jury in Washington, D.C., in connection with special counsel Jack Smith's investigation into Jan. 6 and former President Donald Trump's efforts to stay in office, according to two sources familiar with the matter. The subpoena, for documents and testimony, was sent out late last month, the sources said. The grand jury investigating Trump's actions surrounding the Capitol riot on Jan. 6, 2021, and in connection with efforts to interfere with the peaceful transfer of power is separate from the grand jury in Miami that heard testimony Wednesday about his handling of classified documents.” [NBC News, 6/7/23]
May 2023: The Special Counsel Subpoenaed The Arizona Secretary Of State’s Office. According to the Arizona Republic, “U.S. Department of Justice Special Counsel Jack Smith subpoenaed the Arizona Secretary of State's Office as recently as May as part of his investigation into the events leading up to the Jan. 6 insurrection at the U.S. Capitol.” [Arizona Republic, 7/5/23]
June 8, 2023: Newt Gingrich Testified Before The Grand Jury. According to CNN, “Former Republican House Speaker Newt Gingrich testified Thursday before a federal grand jury investigating January 6, 2021, according to a person familiar with the matter. Gingrich allegedly communicated with senior advisers to former President Donald Trump about television advertisements that relied on false claims of election fraud, according to documents obtained by the House select committee that investigated January 6. The panel also claimed Gingrich played a role in the effort to submit fake slates of electors in battleground states that Trump lost, according to committee documents.” [CNN, 6/8/23]
June 13, 2023: Nevada GOP Chair McDonald And Vice-Chair DeGraffenreid Were Seen Entering The Courthouse Where The January 6 Grand Jury Met. According to NBC News, “Nevada GOP Chair Michael McDonald, a close Trump political ally, as well as Jim DeGraffenreid, the state party’s vice chair, were spotted by NBC News entering the area where the Jan. 6 jury is meeting at the Washington federal courthouse Tuesday.” [NBC News, 6/13/23]
June 22, 2023: Gary Michael Brown, Deputy Director For Election Day Operations For Trump’s 2020 Campaign, Testified Before The January 6 Grand Jury. According to NBC News, “The deputy director of Election Day operations for Donald Trump's 2020 presidential campaign appeared before a federal grand jury Thursday as part of special counsel Jack Smith's investigation into Jan. 6 and efforts to interfere with the lawful transfer of presidential power. Gary Michael Brown, who has been accused of being involved in the so-called fake electors scheme after the 2020 election, was seen headed into the third-floor grand jury space at a courthouse in Washington where a grand jury has been hearing testimony about efforts to stop the transfer of power to President Joe Biden.” [NBC News, 6/22/23]
Former Trump Campaign Official Mike Roman Cooperated With Federal Authorities Under A Proffer Agreement. According to CNN, “Former Donald Trump campaign official Mike Roman is cooperating with prosecutors from special counsel Jack Smith’s team in the ongoing criminal probe related to efforts to overturn the 2020 election, two sources familiar with the matter told CNN. One of the sources said that the agreement, known as a proffer agreement, means that Roman may not have to appear before the grand jury but could instead speak to prosecutors in a more informal setting. Under such an agreement, prosecutors generally agree not to use those statements against them in future criminal proceedings.” [CNN, 6/29/23]
About A Half Dozen Secret Service Agents Testified Before The January 6 Grand Jury. According to NBC News, “About half a dozen Secret Service agents have testified before the grand jury that will decide whether to indict former President Donald Trump for his alleged role in the Jan. 6, 2021, riot at the Capitol and efforts to interfere in the peaceful transfer of the presidency, according to two sources familiar with their testimony. Roughly five or six agents have appeared, the sources said, in compliance with subpoenas they received. It is not known what the agents’ proximity to Trump was on Jan. 6 or what information they may have provided to the grand jury.” [NBC News, 6/26/23]
June 2023: Rudy Giuliani Interviewed By The Special Counsel’s Office. According to CNN, “Former Donald Trump attorney Rudy Giuliani has been interviewed by federal investigators as part of the special counsel’s investigation into efforts to overturn the 2020 election results, multiple sources familiar with the meeting told CNN.” [CNN, 6/27/23]
June 28, 2023: Georgia Secretary Of State Brad Raffensperger Spoke With Federal Prosecutors. According to the Atlanta-Journal Constitution, “Federal prosecutors examining former President Donald Trump’s efforts to cling to power following the 2020 election interviewed Georgia Secretary of State Brad Raffensperger in Atlanta on Wednesday. Few other details about the meeting were available late Wednesday, including how long the parties met for, what exactly they discussed or whether Raffensperger was subpoenaed or agreed to speak voluntarily.” [Atlanta Journal-Constitution, 6/28/23]
The Special Counsel Subpoenas Requested Communications With Republican Operative Mike Roman And Powell Lawyer Emily Newman. According to the Wall Street Journal, “Special counsel Jack Smith’s team in recent weeks has taken a growing interest in the role of lawyers and other figures involved in legal efforts aimed at reversing Donald Trump’s loss in the 2020 election, people familiar with the matter said. Prosecutors from Smith’s team have issued subpoenas and asked questions centered on several key figures in those postelection efforts, including Sidney Powell, a pro-Trump lawyer who spread baseless claims of widespread voter fraud. The subpoenas have also requested communications with Emily Newman, a lawyer who worked with Powell, and Mike Roman, a Republican operative who headed Election Day operations for the Trump campaign and dispatched lawyers to swing states before November 2020.” [Wall Street Journal, 7/3/23]
The Special Counsel Was Interested In The December 2020 Oval Office Meeting Where Trump Considered Proposals To Remain In Office. According to CNN, “Special counsel Jack Smith’s team has signaled a continued interest in a chaotic Oval Office meeting that took place in the final days of the Trump administration, during which the former president considered some of the most desperate proposals to keep him in power over objections from his White House counsel. Multiple sources told CNN that investigators have asked several witnesses before the grand jury and during interviews about the meeting, which happened about six weeks after Donald Trump lost the 2020 election. Some witnesses were asked about the meeting months ago, while several others have faced questions about it more recently, including Rudy Giuliani.” [CNN, 7/6/23]
June 2023: Jared Kushner Testified Before The January 6 Grand Jury. According to the New York Times, “Federal prosecutors investigating former President Donald J. Trump’s attempts to overturn the 2020 election have questioned multiple witnesses in recent weeks — including Mr. Trump’s son-in-law, Jared Kushner — about whether Mr. Trump had privately acknowledged in the days after the 2020 election that he had lost, according to four people briefed on the matter. […] Mr. Kushner testified before a grand jury at the federal courthouse in Washington last month, where he is said to have maintained that it was his impression that Mr. Trump truly believed the election was stolen, according to a person briefed on the matter.” [New York Times, 7/13/23]
June 2023: Former White House Communications Director Alyssa Farah Griffin Testified Before The Grand Jury. According to the New York Times, “But others in Mr. Trump’s orbit who interacted with him in the weeks after the 2020 election, who have potentially more damaging accounts of Mr. Trump’s behavior, have been questioned by the special counsel’s office recently. Among them is Alyssa Farah Griffin, the White House communications director in the days after the 2020 election. Repeating an account she provided last year to the House select committee on Jan. 6, she told prosecutors this spring that Mr. Trump had said to her in the days after the election: Can you believe I lost to Joe Biden? ‘In that moment I think he knew he lost,’ Ms. Griffin told the House committee.” [New York Times, 7/13/23]
The Special Counsel Asked Former Officials About A February 2020 Meeting Where Trump Praised Improvements To Election Security. According to CNN, “Special counsel Jack Smith’s office has asked former US officials about a February 2020 Oval Office meeting where then-President Donald Trump praised improvements to the security of US elections, according to multiple people familiar with the matter. In the meeting with senior US officials and White House staff, Trump touted his administration’s work to expand the use of paper ballots and support security audits of vote tallies. Trump was so encouraged by federal efforts to protect election systems that he suggested the FBI and Department of Homeland Security hold a press conference to take credit for the work, four people familiar with the meeting told CNN.” [CNN, 7/24/23]
The Special Counsel Expected To Speak With Additional Witnesses And A Former Trump Attorney In The Coming Weeks. According to CNN, “As anticipation builds for former President Donald Trump to be indicted for the third time this year, investigators in the special counsel’s election interference probe are expected to speak with additional witnesses over the next several weeks, including at least one former Trump attorney.” [CNN, 7/20/23]
July 2023: The Special Counsel Contacted Georgia Governor Brian Kemp. According to the Washington Post, “Special counsel Jack Smith recently asked Georgia Gov. Brian Kemp for information about efforts by President Donald Trump and his allies to overturn the election results in Georgia in 2020, the governor’s spokesman confirmed Friday afternoon. ‘Our office has been contacted by Jack Smith’s office, but we will decline to comment further at this time,’ said Andrew Isenhour, the spokesman for Kemp (R).” [Washington Post, 7/21/23]
July 24, 2023: Former New York City Police Commissioner And Giuliani Ally Kerik Turned Over Documents Concerning Trump’s Investigation Into Voter Fraud To The Special Counsel. According to The Hill, “Bernard Kerik, who helped lead a Trump campaign investigation into false claims of voter fraud, has turned over all documents relating to the effort to special counsel Jack Smith. Kerik, a former New York City Police Commissioner, led the investigation for the Trump campaign alongside former Trump attorney Rudy Giuliani. Kerik’s attorney Timothy Parlatore said the production includes ‘all the substance of the fraud investigation’ which was sought last year by the House Committee investigating the Jan. 6 attack on the Capitol.” [The Hill, 7/24/23]
Former Acting Deputy Attorney General Richard Donoghue Interviewed With The Special Counsel’s Office. According to NBC News, “Former senior Justice Department official Richard Donoghue says he has been interviewed by special counsel Jack Smith’s office, but has not been called to testify before the federal grand jury investigating Jan. 6 and efforts to overturn the 2020 election. Donoghue, who confirmed the meeting with Smith's office to NBC News on Monday, served as acting deputy attorney general near the end of the Trump administration. He later testified before the House Jan. 6 committee that investigated the Capitol riot.” [NBC News, 7/24/23]
August 7, 2023: Bernie Kerik Met With The Special Counsel’s Office Over What Giuliani Did To Prove Trump Won The 2020 Election. According to CNN, “Donald Trump ally Bernie Kerik met Monday with special counsel Jack Smith’s investigators who are handling the probe related to the 2020 election aftermath and the January 6, 2021, insurrection. The interview largely focused on what Trump’s former attorney Rudy Giuliani did to prove that really won the election, Kerik’s attorney told CNN. Kerik’s and his attorney were spotted by CNN arriving Monday morning and leaving after roughly five hours. This is the first public sign of activity by the special counsel’s team after it filed landmark criminal charges against the former president last week.” [CNN, 8/7/23]
March 24, 2023: Former Chief Judge Howell Rejected Claims Of Executive Privilege For Several Of Trump’s Top Aides In The January 6 Investigation. According to ABC News, “A federal judge has rejected former President Donald Trump's claims of executive privilege and has ordered Mark Meadows and other former top aides to testify before a federal grand jury investigating Trump's efforts to overturn the election leading up to the Jan. 6 attack on the U.S. Capitol, multiple sources familiar with the matter tell ABC News. Meadows, Trump's former chief of staff, was subpoenaed along with the other former aides by Special counsel Jack Smith for testimony and documents related to the probe.” [ABC News, 3/24/23]
March 29, 2023: Trump Appealed Decision Requiring His Top Aides To Testify Before The Grand Jury. According to Bloomberg, “Former President Donald Trump is appealing an order rejecting his efforts to block grand jury testimony from several former White House advisers in an investigation into efforts to undermine the 2020 presidential election. A federal judge in Washington rebuffed Trump’s challenge earlier in March to efforts by Special Counsel Jack Smith’s office to question former top administration officials. That March 15 order is under seal, but a person familiar with the matter who requested anonymity to discuss it confirmed the substance of the ruling, the date of the order and the district court case number. A new appeals court docket on Wednesday shows an appeal in that case that matches the date.” [Bloomberg, 3/29/23]
April 4, 2023: The DC Circuit Court Of Appeals Rejected Trump’s Emergency Request To Block Aides From Being Required To Testify Before The Grand Jury. According to Politico, “A federal appeals court in Washington D.C. has rejected an emergency bid by former President Donald Trump to block several top aides from testifying in the special counsel investigation of his effort to subvert the 2020 election. In a sealed order, a three-judge panel of the D.C. Circuit Court of Appeals denied Trump’s urgent demand to block his aides from being required to appear before special counsel Jack Smith’s grand jury. Trump’s emergency motion triggered a frenzied set of overnight filings ahead of the Tuesday morning ruling.’ [Politico, 4/4/23]
May 2023: Former White House Deputy Chief Of Staff Dan Scavino Testified Before The Grand Jury. According to the Wall Street Journal, “Earlier this week, Dan Scavino, Mr. Trump’s former deputy chief of staff for communications, testified for eight hours before a Washington grand jury, according to a person familiar with the matter, weeks after a federal appeals court rejected Mr. Trump’s bid to block his testimony and that of other top aides.” [Wall Street Journal, 5/5/23]
March 3, 2023: Former President Trump Asked Chief Judge Howell To Prevent Former Vice President Pence From Testifying Before The Grand Jury Over Executive Privilege. According to the New York Times, “Former President Donald J. Trump has filed a motion asking a federal judge to prevent his former vice president, Mike Pence, from testifying to a grand jury about specific issues that Mr. Trump is claiming are protected by executive privilege, a person briefed on the matter said. The filing is unsurprising — Mr. Trump’s lawyers have repeatedly sought to assert executive privilege over former aides as a means of blocking testimony — but it underscores how much the Justice Department’s attempts to get Mr. Pence to testify in the investigation into Mr. Trump’s efforts to cling to power may be drawn out. The sealed filing was made on Friday, according to the person briefed on the matter. Its existence was reported earlier by CNN. A spokesman for Mr. Trump did not respond to a request for comment.” [New York Times, 3/4/23]
March 6, 2023: Former Vice President Pence Filed A Motion To Block The Subpoena Issued By A Grand Jury Investigating The January 6 Attack On The Capitol. According to CNN, “Former Vice President Mike Pence has filed a motion asking a judge to block a federal grand jury subpoena for his testimony related to January 6 on the grounds that he is protected by the Constitution’s Speech or Debate Clause, according to a source familiar with the filing.” [CNN, 3/6/23]
March 23, 2023: Chief Judge Boasberg Heard Arguments About Whether To Enforce A Subpoena Against Former Vice President Pence. According to CBS News, “A federal judge heard arguments Thursday in a dispute between former Vice President Mike Pence, attorneys for former President Donald Trump and special counsel Jack Smith over whether Pence can be compelled to testify in Smith's probe of the Jan. 6, 2021, attack on the Capitol, three sources tell CBS News. Smith issued the subpoena for Pence's testimony before a federal grand jury in February, and the former vice president said he would contest it, calling it ‘unconstitutional’ and ‘unprecedented.’ Trump's legal team claimed executive privilege over Pence's testimony after CBS News first reported prosecutors filed a motion asking the federal courts to compel the former vice president to testify. Emmet Flood, Pence's attorney, as well as Trump's legal team — Evan Corcoran, Jim Trusty, Tim Parlatore and John Rowley — were spotted inside the federal courthouse in Washington, D.C., on Thursday ahead of the expected hearing. Legal teams for both Trump and Pence are working to fight the subpoena. Justice Department prosecutor Thomas Windom was also at the federal courthouse.” [CBS News, 3/23/23]
March 28, 2023: Chief Judge Boasberg Largely Rejected Former President Trump’s Attempt To Assert Executive Privilege Over Vice President Pence’s Testimony. According to Politico, “A federal judge presiding over the special counsel investigation into Donald Trump’s attempt to subvert the 2020 election has largely rejected an effort by the ex-president to assert executive privilege over the testimony of his former vice president, Mike Pence, according to a person familiar with the ruling.” [Politico, 3/28/23]
Pence Must Testify About Conversations He Had With Trump Leading Up To January 6. According to CNN, “A federal judge has decided that former Vice President Mike Pence must testify to a grand jury about conversations he had with Donald Trump leading up to January 6, 2021, according to multiple sources familiar with a recent federal court ruling.” [CNN, 3/28/23]
Judge Boasberg Ruled That Pence Had Some Immunity Due To His Role As President Of The Senate On January 6. According to Politico, “However, Chief U.S. District Judge James Boasberg agreed that Pence does enjoy a degree of immunity from testifying due to his role as president of the Senate on Jan. 6. It was not immediately clear whether that ruling is broad enough to satisfy Pence’s resistance to the subpoena — issued by special counsel Jack Smith — or whether he intends to appeal.” [Politico, 3/28/23]
April 5, 2023: Former Vice President Pence Decided Against Appealing Court Decision Requiring Him To Testify Before The Grand Jury. According to Politico, “Mike Pence has decided against appealing a court order requiring him to testify before the grand jury investigating Donald Trump’s effort to subvert the 2020 presidential election. ‘Vice President Pence will not appeal the Judge’s ruling and will comply with the subpoena as required by law,’ spokesman Devin O’Malley said Wednesday in a statement.” [Politico, 4/5/23]
April 7, 2023: Trump Requested The DC Circuit Court Of Appeals To Immediately Block The Subpoena For Mike Pence While A Full Appeal Was Pursued. According to Bloomberg, “Donald Trump has asked a federal appeals court in Washington to immediately block a subpoena for grand jury testimony from former Vice President Mike Pence. The former president’s lawyers filed the request on Friday under seal, but the public docket shows they asked the court to vacate the underlying order or at least stop prosecutors from enforcing the subpoena while they pursue a full appeal. The appeal, which is largely under seal but previously confirmed by Bloomberg News, was filed on April 10. The US Court of Appeals for the DC Circuit has rebuffed Trump’s earlier efforts to halt grand jury subpoenas from Justice Department Special Counsel Jack Smith’s office in its investigation into efforts to undermine the 2020 presidential election.” [Bloomberg, 4/14/23]
April 10, 2023: Trump Appealed Decision Requiring Pence To Testify Before The Grand Jury. According to NBC News, “Former President Donald Trump is moving to block former Vice President Mike Pence from testifying before a federal grand jury investigating Trump’s role in the efforts to overturn the 2020 election, according to a source familiar with the litigation. The sealed appeal was filed Monday in the U.S. Court of Appeals of the District of Columbia Circuit. It comes days after Pence's adviser said the former vice president will not appeal an order by Judge James Boasberg, the chief judge of U.S. District Court for the District of Columbia, requiring Pence to testify in special counsel Jack Smith's investigation into Trump. Boasberg issued that ruling late last month.” [NBC News, 4/10/23]
April 26, 2023: The D.C. Circuit Court Of Appeals Rejected Trump’s Attempt To Block Mike Pence From Testifying Before The Grand Jury. According to the Associated Press, “A federal appeals court on Wednesday night moved former Vice President Mike Pence closer to appearing before a grand jury investigating efforts to undo the results of the 2020 presidential election, rejecting a bid by lawyers for former President Donald Trump to block the testimony. It was not immediately clear what day Pence might appear before the grand jury, which for months has been investigating the events preceding the Jan. 6, 2021, insurrection at the U.S. Capitol and efforts by Trump and his allies to subvert the election outcome. But Pence’s testimony, coming as he inches toward a likely entrance in the 2024 presidential race, would be a milestone moment in the investigation and would likely give prosecutors a key first-person account as they press forward with their inquiry. The order from the three-judge panel of the U.S. Court of Appeals of the District of Columbia Circuit was sealed and none of the parties are mentioned by name in online court records. But the appeal in the sealed case was filed just days after a lower-court judge had directed Pence to testify over objections from the Trump team.” [Associated Press, 4/26/23]
April 27, 2023: Mike Pence Testified Before The Grand Jury Investigating The January 6 Attack On The Capitol. According to the Washington Post, “Former vice president Mike Pence testified Thursday before a grand jury that has been investigating the Jan. 6, 2021, riot at the U.S. Capitol and alleged efforts by President Donald Trump and others to overturn the results of the 2020 election, according to a person familiar with his appearance who spoke on the condition of anonymity to discuss the matter.” [Washington Post, 4/27/23]
June 9, 2023: A Federal Judge Ordered The Release Of Documents Related To The Fight Over Mike Pence’s Testimony Before The Grand Jury. According to Bloomberg, “A federal judge ordered the release of legal documents related to a fight over the grand jury testimony of former Vice President Mike Pence, who was subpoenaed in the Jan. 6 investigation involving former President Donald Trump. Chief Judge James Boasberg, who presides over grand jury-related matters in Washington, held on Friday that Pence’s public statements about the secret grand jury proceedings weighed in favor of making the documents available, with redactions. The court released them a few hours later, after the government indicated it would not appeal.” [Bloomberg, 6/9/23]
Mark Meadows Testified Before The Grand Jury. According to the New York Times, “Mark Meadows, the final White House chief of staff under President Donald J. Trump and a potentially key figure in inquiries related to Mr. Trump, has testified before a federal grand jury hearing evidence in the investigations being led by the special counsel’s office, according to two people briefed on the matter.” [New York Times, 6/6/23]
July 7, 2023: The DC Circuit Court Of Appeals Rejected Trump’s Effort To Prevent Pence From Testifying To The Grand Jury. According to Bloomberg, “A federal appeals court tossed out what remained of Donald Trump’s unsuccessful legal fight to stop his former vice president-turned-rival Mike Pence from testifying about efforts to overturn the 2020 election. A panel of the US Court of Appeals for the DC Circuit issued a sealed order on Friday granting a request by Special Counsel Jack Smith’s office to dismiss the case, rebuffing opposition by Trump’s lawyers.” [Bloomberg, 7/7/23]
April 2023: Prosecutors Sought Documents Related To Trump’s Fundraising Following The 2020 Election. According to the Washington Post, “Federal prosecutors probing the Jan. 6, 2021, attack on the U.S. Capitol have in recent weeks sought a wide range of documents related to fundraising after the 2020 election, looking to determine if former president Donald Trump or his advisers scammed donors by using false claims about voter fraud to raise money, eight people familiar with the new inquiries said. Special counsel Jack Smith’s office has sent subpoenas in recent weeks to Trump advisers and former campaign aides, Republican operatives and other consultants involved in the 2020 presidential campaign, the people said. They have also heard testimony from some of these figures in front of a Washington grand jury, some of the people said.” [Washington Post, 4/12/23]
Prosecutors Reportedly Sought To Figure Out Whether Wire Fraud Laws Were Violated By False Representations Over Email For Money. According to the Washington Post, “The fundraising prong of the investigation is focused on money raised during the period between Nov. 3, 2020, and the end of Trump’s time in office on Jan. 20, 2021, and prosecutors are said to be interested in whether anyone associated with the fundraising operation violated wire fraud laws, which make it illegal to make false representations over email to swindle people out of money.” [Washington Post, 4/12/23]
Subpoenas Sought To Compare What Trump Advisors Were Telling Each Other To What They Said In Their Public Appeals For Money. According to Washington Post “The subpoenas seek more specific types of communications so that prosecutors can compare what Trump allies and advisers were telling one another privately about the voter-fraud claims with what they were saying publicly in appeals that generated more than $200 million in donations from conservatives, according to people with knowledge of the investigation.” [Washington Post, 4/12/23]
The Special Counsel Was Focused On Whether Funds Raised Off Baseless Voter Fraud Claims Were Used To Fund Efforts To Attempt To Breach Voting Equipment. According to CNN, “Special counsel Jack Smith is still pursuing his investigation into efforts to overturn the 2020 election a month after indicting Donald Trump for orchestrating a broad conspiracy to remain in power, a widening of the probe that raises the possibility others could still face legal peril. Questions asked of two recent witnesses indicate Smith is focusing on how money raised off baseless claims of voter fraud was used to fund attempts to breach voting equipment in several states won by Joe Biden, according to multiple sources familiar with the ongoing investigation.” [CNN, 9/5/23]
Sidney Powell Was A Focus Of The Investigation. According to CNN, “In both interviews, prosecutors have focused their questions on the role of former Trump lawyer Sidney Powell. According to invoices obtained by CNN, Powell’s non-profit, Defending the Republic, hired forensics firms that ultimately accessed voting equipment in four swing states won by Biden: Georgia, Pennsylvania, Michigan and Arizona.” [CNN, 9/5/23]
July 18, 2023: Trump Said He Received A Letter From Special Counsel Jack Smith Informing Him That He Was A Target In The January 6 Investigation. According to Axios, “Former President Trump said Tuesday that he received a letter from special counsel Jack Smith informing him that he is a target in the grand jury investigation into efforts to overturn the results of the 2020 election.” [Axios, 7/18/23]
July 27, 2023: Trump’s Lawyers Met With The Special Counsel’s Office. According to the Washington Post, “Lawyers for former President Donald Trump were meeting Thursday morning with prosecutors from special counsel Jack Smith’s office, more than a week after Trump said he received a letter from the Justice Department telling him he could face criminal charges in connection with his efforts to overturn the 2020 election. The meeting, confirmed by a person familiar with the matter who spoke on the condition of anonymity to discuss it, is another sign that Smith could be close to seeking an indictment of Trump in the Justice Department’s long-running elections probe.” [Washington Post, 7/27/23]
Count One: Trump Was Charged With Conspiracy To Defraud The United States To Overturn The Results Of The 2020 Election
Count One: Trump Was Charged With Conspiracy To Defraud The United States For The Purposes Of Overturning The Results Of The 2020 Election. According to the indictment in United States of America v. Donald J. Trump, “COUNT ONE (Conspiracy to Defraud the United States 18 U.S.C. 371) The allegations contained in paragraphs 1 through 4 of this Indictment are re-alleged and fully incorporated here by reference. The Conspiracy 6. From on or about November 14, 2020, through on or about January 20, 2021, in the District of Columbia and elsewhere, the Defendant, Donald J. Trump, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government. Purpose of the Conspiracy 7. The purpose of the conspiracy was to overturn the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted, and certified.” [Indictment, “United States of America v. Donald J. Trump” United States District Court for the District of Columbia, Case No. 1:23-cr-00257-TSC, filed 8/1/23]
The Indictment Identified Six Co-Conspirators
Six Co-Conspirators Were Identified. According to the indictment in United States of America v. Donald J. Trump, “The Defendant's Co- Conspirators DONALD J. TRUMP, 8. The Defendant enlisted co-conspirators to assist him in his criminal efforts to overturn the legitimate results of the 2020 presidential election and retain power. Among these were: a. Co-Conspirator 1, an attorney who was willing to spread knowingly false claims and pursue strategies that the Defendant's 2020 re-election campaign attorneys would not. b. Co-Conspirator 2, an attorney who devised and attempted to implement a strategy to leverage the Vice President's ceremonial role overseeing the certification proceeding to obstruct the certification of the presidential election. c. Co- Conspirator 3, an attorney whose unfounded claims of election fraud the Defendant privately acknowledged to others sounded crazy. Nonetheless, the Defendant embraced and publicly amplified Co-Conspirator 3's disinformation. d. Co-Conspirator 4, a Justice Department official who worked on civil matters and who, with the Defendant, attempted to use the Justice Department to open sham election crime investigations and influence state legislatures with knowingly false claims of election fraud. e. Co- Conspirator 5, an attorney who assisted in devising and attempting to implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding. f. Co-Conspirator 6, a political consultant who helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding.” [Indictment, “United States of America v. Donald J. Trump” United States District Court for the District of Columbia, Case No. 1:23-cr-00257-TSC, filed 8/1/23]
Some Of The Co-Conspirators Were Identified With Commonly Known Information
Politico Identified Trump’s Six Co-Conspirators As: 1. Rudy Giuliani, 2. John Eastman, 3. Sidney Powell, 4. Jeffrey Clark, And 5. Ken Chesebro. According to Politico, “Six co-conspirators The indictment does not identify any of the six alleged co-conspirators who prosecutors say unlawfully agreed to aid Trump’s bid to subvert the election. But five of them were readily identifiable based on the widely known details in the indictment. They are: Rudy Giuliani, Trump’s lawyer and the leader of an effort to pressure state legislators to reverse election results. John Eastman, a constitutional lawyer who helped develop the strategy to pressure Mike Pence to overturn the election on Jan. 6. Sidney Powell, a conservative lawyer who pushed fringe theories about manipulation of voting machines. Jeffrey Clark, a Justice Department lawyer who pressed DOJ leaders to sow doubt about the election results. Ken Chesebro, an architect of key elements of Trump’s fake elector strategy.” [Politico, 8/1/23]
Email Evidence Suggested That The Sixth Co-Conspirator Could Have Been Boris Epshteyn. According to the New York Times, “Co-conspirator 6 was more of a mystery. Identified by the indictment as ‘a political consultant who helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding,’ the person could have been a number of figures in Mr. Trump’s orbit. But a close look at the indictment and a review of messages among people working with Mr. Trump’s team provides a strong clue. An email from December 2020 from Boris Epshteyn, a strategic adviser to the Trump campaign in 2020, to Mr. Giuliani matches a description in the indictment of an interaction between co-conspirator 6 and Mr. Giuliani, whose lawyer has confirmed that he is co-conspirator 1.” [New York Times, 8/2/23]
The Indictment Alleged That Trump Knew His Claims About The Election Were False
The Indictment Alleged That Trump Knew His Claims About Election, Specifically In Arizona And Georgia, Were False. According to ABC News, “The indictment alleges that Trump knew that the claims he advanced about the election, specifically in Arizona and Georgia, were false -- yet he repeated them for months.” [ABC News, 8/1/23]
The Maximum Sentence Was Five Years In Prison
The Maximum Sentence For Conspiracy To Defraud Was Five Years In Prison. According to Business Insider, “Indeed, the January 6 committee said in a court filing last year that it had evidence Trump and his allies ‘entered into an agreement’ to defraud the US by interfering with Congress' election-certification process, ‘disseminating false information about election fraud, and pressuring state officials to alter state election results and federal officials to assist in that effort.’ If convicted of this charge, Trump could face a maximum of 5 years in prison, Rahmani said.” [Business Insider, 8/1/23]
Count Two Was Conspiracy To Obstruct An Official Proceeding. According to the indictment in United States v. Donald J. Trump, “COUNT TWO (Conspiracy to Obstruct an Official Proceeding-18 U.S.C. § 1512(k)) 125. The allegations contained in paragraphs 1 through 4 and 8 through 123 of this Indictment are re-alleged and fully incorporated here by reference. 126. From on or about November 14, 2020, through on or about January 7, 2021, in the District of Columbia and elsewhere, the Defendant, DONALD J. TRUMP, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to corruptly obstruct and impede an official proceeding, that is, the certification of the electoral vote, in violation of Title 18, United States Code, Section 1512(c)(2). (In violation of Title 18, United States Code, Section 1512(k)).” [Indictment, “United States v. Donald J. Trump,” United States District Court for the District of Columbia, Case No. 1:23-cr-00257-TSC, filed 8/1/23]
The Maximum Sentence Was 20 Years In Prison
The Maximum Sentence For Obstruction of An Official Proceeding Was 20 Years In Prison. According to Business Insider, “Obstruction of an official proceeding is among the most widely used charges federal prosecutors have brought against other defendants related to the Capitol riot. The January 6 committee also said last year that several judges ‘concluded that Congress's proceeding to count the electoral votes on January 6th was an 'official proceeding' for purposes of this section, and each has refused to dismiss charges against defendants under that section.’ The maximum prison sentence if Trump is convicted of this charge is 20 years.” [Business Insider, 8/1/23]
Count Three Was Obstruction Of And Attempt To Obstruct An Official Proceeding. According to the indictment in United States v. Donald J. Trump, “COUNT THREE (Obstruction of, and Attempt to Obstruct, an Official Proceeding-18 U.S.C. §§ 1512(c)(2), 2) 127. The allegations contained in paragraphs 1 through 4 and 8 through 123 of this Indictment are re-alleged and fully incorporated here by reference. 128. From on or about November 14, 2020, through on or about January 7, 2021, in the District of Columbia and elsewhere, the Defendant, DONALD J. TRUMP, attempted to, and did, corruptly obstruct and impede an official proceeding, that is, the certification of the electoral vote. (In violation of Title 18, United States Code, Sections 1512(c)(2), 2).” [Indictment, “United States v. Donald J. Trump,” United States District Court for the District of Columbia, Case No. 1:23-cr-00257-TSC, filed 8/1/23]
The Maximum Sentence Was 20 Years In Prison
The Maximum Sentence For Conspiracy To Obstruct An Official Proceeding Was 20 Years In Prison. According to Business Insider, “Prosecutors used the same evidence laid out in the first conspiracy charge to make its case here. The conspiracy to obstruct an official proceeding charge relates directly to the government's accusation that Trump conspired to obstruct the congressional certification of President Joe Biden's November 2020 win. The charge carried a possible prison sentence of 20 years, The Washington Post reported.” [Business Insider, 8/1/23]
Count Four Was Conspiracy Against Rights. According to the indictment in United States v. Donald J. Trump, “COUNT FOUR (Conspiracy Against Rights-18 U.S.C. § 241) 129. The allegations contained in paragraphs 1 through 4 and 8 through 123 of this Indictment are re-alleged and fully incorporated here by reference. 130. From on or about November 14, 2020, through on or about January 20, 2021, in the District of Columbia and elsewhere, the Defendant, DONALD J. TRUMP, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States-that is, the right to vote, and to have one's vote counted. (In violation of Title 18, United States Code, Section 241).” [Indictment, “United States v. Donald J. Trump,” United States District Court for the District of Columbia, Case No. 1:23-cr-00257-TSC, filed 8/1/23]
The Maximum Sentence Was 10 Years In Prison
The Maximum Sentence For Conspiracy Against Rights Was 10 Years In Prison. According to Business Insider, “Trump was widely expected to be charged with conspiracy to defraud the US and obstruction of an official proceeding. But legal experts were surprised when it initially surfaced that Smith's office was also considering charging Trump with conspiracy against rights. The Reconstruction-era law was originally passed to stop members of the Ku Klux Klan from terrorizing formerly enslaved people trying to exercise their constitutional rights. But it's been applied more broadly in the modern day, and in Trump's case, prosecutors want to use it in alleging that the former president tried to tamper with the 2020 election results in battleground states. If convicted of this charge, Trump could face a fine or prison time of up to 10 years, Rahmani said.” [Business Insider, 8/1/23]
Judge Tanya Chutkan Was Assigned The Case. According to Politico, “Trump’s case was initially assigned to U.S. District Court Tanya Chutkan, an Obama-appointed judge who has been among the harshest critics of Jan. 6 defendants and their conduct.” [Politico, 8/1/23]
August 3, 2023: Trump Pleaded Not Guilty At His Arraignment. According to the Washington Post, “Former president Donald Trump pleaded not guilty Thursday to charges that he conspired to overturn the results of the 2020 election, appearing in the federal courthouse that sits just blocks away from where his angry supporters stormed the Capitol building in an effort to keep him in power.” [Washington Post, 8/2/23]
The Justice Department Asked Judge Chutkan To Impose Firm Rules On Trump’s Ability To Review Discovery Materials. According to the Washington Post, “The Justice Department urged in a Friday-evening court filing that a federal judge in Washington impose firm rules on Donald Trump and his attorneys as they review materials during the discovery process for his trial, citing, in part, the former president’s history of revealing details about cases on social media. [Washington Post, 8/5/23]
Judge Chutkan Ruled That Trump Could Review Evidence Without His Attorneys Present, But Without Electronic Devices And A Review Of Notes He Took. According to Politico, “Chutkan sided with the defense’s request to permit Trump to review sensitive evidence without a minder from his legal team, but said Trump would be required to review such information without any electronic devices capable of reproducing it, and his team would be required to review any notes he takes to ensure it doesn’t include the personally identifying information of witnesses.” [Politico, 8/11/23]
Judge Chutkan Ruled That Witness Recordings And Transcripts Were Barred From Public Disclosure. According to Politico, “Chutkan sided with prosecutors who wanted to include ‘hundreds’ of recordings of witness interviews and transcripts in ‘sensitive’ materials that are barred from public disclosure. And she also rejected Trump’s team’s push to permit a significantly wider array of Trump aides to review evidence in the case, which Lauro said was necessary given prosecutors’ timeline and the extraordinary volume of material.” [Politico, 8/11/23]
Judge Chutkan Said She Would Bar Trump From Publicly Discussing Materials Related To The Grand Jury And Recordings, Transcripts, Or Information About Witness Interviews. According to Bloomberg, “A federal judge in Washington agreed to impose some limits on what Donald Trump can say publicly about certain evidence prosecutors collected for the criminal indictment accusing him of trying to obstruct the 2020 election. In the first court hearing since his indictment Aug. 1, US District Judge Tanya Chutkan said Friday she would order the former president to refrain from publicly discussing ‘sensitive’ details of the case, including materials related to the grand jury and recordings, transcripts or information about witness interviews that could threaten their safety and security.” [Bloomberg, 8/11/23]
Judge Chutkan Rejected Trump’s Claim That The Investigation Was Politically Motivated. According to the Wall Street Journal, “The judge interrupted Trump’s lawyer, John Lauro, when he said the Justice Department’s goal was to interfere with Trump’s ability to run for president. ‘I’m not going to accept that,’ she said. ‘I have seen no evidence that this is politically motivated.’” [Wall Street Journal, 8/11/23]
Judge Chutkan Warned Trump She Would Take “Measures” To Prevent Him From Intimidating Witnesses Or Tainting The Jury Pool. According to the New York Times, “The federal judge overseeing former President Donald J. Trump’s prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses — and warned Mr. Trump she would take necessary ‘measures’ to keep him from intimidating witnesses or tainting potential jurors. The caution from the judge, Tanya S. Chutkan, came during a 90-minute hearing in Federal District Court in Washington to discuss the scope of a protective order over the discovery evidence in Mr. Trump’s case, a typically routine step in criminal matters. Judge Chutkan said she planned to impose the order but agreed to a modification requested by the Trump legal team that it apply only to “sensitive” materials and not all evidence turned over to the defense. She concluded the hearing with a blunt warning to Mr. Trump, and an unmistakable reference to a recent social media post in which he warned, ‘If you go after me, I’m coming after you!’ — a statement his spokesman later said was aimed at political opponents and not at people involved in the case. ‘I do want to issue a general word of caution — I intend to ensure the orderly administration of justice in this case as I would in any other case, and even arguably ambiguous statements by the parties or their counsel,’ she said, could be considered an attempt to ‘intimidate witnesses or prejudice potential jurors,’ triggering the court to take action.” [New York Times, 8/11/23]
September 5, 2023: The Department Of Justice Said Trump’s Social Media Posts Threaten To “Prejudice The Jury Pool.” According to the Messenger, “Justice Department lawyers are arguing former President Donald Trump’s ‘daily’ social media posts regarding his federal Jan. 6, 2021 are threatening the case. In a sealed brief placed on the docket Tuesday afternoon arguing against granting Trump the motion to dismiss one filed by the Justice Department, the lawyers argue what they call Trump’s ‘daily extrajudicial statements’ are threatening ‘to prejudice the jury pool in this case.’ Tuesday’s mention of Trump’s online behavior is the latest in an installment after his repeated attacks earned him a protective order issued by Judge Tanya Chutkan, the Obama appointee overseeing his federal trial in Washington, D.C.” [Messenger, 9/5/23]
December 11: Jury Selection Date Proposed By The Special Counsel. According to Bloomberg, “Prosecutors estimated needing ‘no longer than four to six weeks’ to present their case and also proposed starting jury selection several weeks earlier on Dec. 11. That doesn’t account for the time needed for Trump to put on his defense.” [Bloomberg, 8/10/23]
January 2, 2024: Trial Date Proposed By The Special Counsel. According to the New York Times, “The prosecutors overseeing the indictment of former President Donald J. Trump on charges of conspiring to overturn the 2020 election asked a judge on Thursday to set a trial date in the case for early January, laying out an aggressive schedule for the proceeding. In a motion filed to Judge Tanya S. Chutkan, who is presiding over the case in Federal District Court in Washington, the prosecutors said they were ready not only to go to trial on Jan. 2, but were also poised to give Mr. Trump’s lawyers the bulk of their discovery evidence in the next two weeks or so. The prosecutors further proposed that Mr. Trump’s lawyers submit their first pretrial motions in not much more than a month.” [New York Times, 8/10/23]
April 2026: Trial Date Proposed By Trump. According to the New York Times, “Lawyers for former President Donald J. Trump asked a judge on Thursday to reject the government’s proposal to take Mr. Trump to trial in early January on charges of seeking to overturn the 2020 election and to instead push back the proceeding until April 2026 — nearly a year and a half after the 2024 election.” [New York Times, 8/17/23]
August 21, 2023: The Special Counsel Opposed Trump’s Proposal Of An April 2026 Trial Date. According to the Messenger, “Special Counsel Jack Smith's lawyers on Monday took serious issue with a proposal from Donald Trump to push back the start of his federal trial in Washington, D.C., until 2026. ‘In service of a proposed trial date in 2026 that would deny the public its right to a speedy trial, the defendant cites inapposite statistics and cases, overstates the amount of new and non-duplicative discovery, and exaggerates the challenge of reviewing it effectively,’ Smith's lawyers wrote in a six-page brief filed to U.S. District Court Judge Tanya Chutkan.” [Messenger, 8/21/23]
August 28, 2023: Prosecutors Turned Over 12.8 Million Documents To Trump As Part Of Discovery. According to The Hill, “In the federal case probing former President Trump’s efforts to overturn the 2020 election, prosecutors have turned over 12.8 million documents to the former president’s legal team as part of discovery, prosecutors said Monday.” [The Hill, 8/28/23]
September 11, 2023: Trump Asked For Judge Chutkan To Recuse Herself. According to the New York Times, “Lawyers for former President Donald J. Trump on Monday asked the federal judge overseeing his looming trial on charges of trying to overturn the 2020 election to recuse herself, claiming that she has shown a bias against Mr. Trump in public statements made from the bench in other cases. The recusal motion was a risky gambit by Mr. Trump’s legal team given that the judge, Tanya S. Chutkan, will have the initial say about whether or not to grant it. Mr. Trump’s lawyers have tried this strategy before, attempting — and failing — to have the judge overseeing his state felony trial in Manhattan step aside.” [New York Times, 9/11/23]
September 14, 2023: The Special Counsel Opposed Trump’s Effort To Have Judge Chutkan Recuse Herself. According to the Washington Post, “Prosecutors working with special counsel Jack Smith on Thursday urged U.S. District Judge Tanya S. Chutkan to refuse a request by Donald Trump’s attorneys that she disqualify herself from his federal election obstruction case, saying Trump’s team had failed to supply evidence that she was biased against him. ‘The defendant has failed to identify anything approaching the clear and convincing evidence necessary to overcome the presumption of impartiality,’ prosecutors said in the filing, accusing Trump of relying on ‘suggestion and innuendo to insinuate something sinister in the Court simply doing its job by addressing sentencing arguments.’” [Washington Post, 9/14/23]
September 17, 2023: Trump Requested A Hearing On Whether Judge Chutkan Should Recuse Herself. According to the Messenger, “Donald Trump is pressing a federal judge presiding over his election-obstruction case in Washington, D.C., to convene a hearing ‘at the earliest opportunity’ to consider whether she should recuse herself from the case. In the 11-page filing on Sunday night, Trump's lead attorney John Lauro in his arguments for U.S. District Judge Tanya Chutkan's recusal played on her famous remark to the former president in a different case nearly two years ago. ‘Presidents are not kings, and Plaintiff is not President,’ Chutkan told Trump in November 2021, rejecting his request to block a subpoena from the House Select Committee investigating the Jan. 6 insurrection. Riffing on that quote, Lauro acknowledged that was true, but he added a corollary observation. ‘No president is a king, but every president is a United States citizen entitled to the protections and rights guaranteed by the U.S. Constitution,’ the defense filing states.” [Messenger, 9/18/23]
September 27, 2023: Judge Chutkan Rejected Trump’s Arguments That Statements She Made During January 6 Rioters’ Sentencing Necessitated Her Recusal. According to ABC News, “A district judge has denied former President Donald Trump's effort to have her recuse herself from presiding over his federal election interference case. Washington, D.C., District Judge Tanya Chutkan rejected the argument from Trump's legal team regarding statements she made during her sentencing of pro-Trump rioters who attacked the U.S. Capitol on Jan 6, 2021.” [ABC News, 9/27/23]
September 15, 2023: The Special Counsel Sought A “Narrowly Tailored” Gag Order On Trump. According to the New York Times, “Prosecutors have asked the judge overseeing former President Donald J. Trump’s federal indictment on charges of conspiring to overturn the 2020 election to impose ‘a narrowly tailored’ gag order on him, citing his ‘near-daily’ social media attacks on people involved in the case, according to court papers released on Friday.” [New York Times, 9/15/23]
The Special Counsel Said That People Trump Has Gone After On Social Media Subsequently Received Threats. According to the New York Times, “In a 19-page motion, prosecutors said that some of the people Mr. Trump has gone after on social media — including the special counsel, Jack Smith, who has filed two indictments against him — have experienced subsequent threats from others. Mr. Trump’s statements, they said, could also affect witnesses and the potential jury pool for the trial, which is scheduled to take place in Washington starting in March. ‘Since the indictment in this case, the defendant has spread disparaging and inflammatory public posts on Truth Social on a near-daily basis regarding the citizens of the District of Columbia, the court, prosecutors and prospective witnesses,’ federal prosecutors wrote.” [New York Times, 9/15/23]
New York Times: The Proposed Gag Order Would Prevent Trump From Making Statements About Identities Of Witnesses, Testimony, Or “Disparaging And Inflammatory, Or Intimidating” Remarks. According to the New York Times, “The gag order sought by the government would prevent Mr. Trump from making any statements about the identity or testimony of witnesses in the case or any remarks about anyone involved in the proceeding that could be considered ‘disparaging and inflammatory, or intimidating.’ ‘The government seeks a narrow, well-defined restriction that is targeted at extrajudicial statements that present a serious and substantial danger of materially prejudicing this case,’ prosecutors wrote.” [New York Times, 9/15/23]
September 28, 2023: Trump Asked To Postpone The Filing Deadline For Motions Until December 9, 2023. According to CBS News, “Former President Donald Trump's legal team asked a federal judge Thursday to postpone filing deadlines by 60 days in the special counsel's 2020 election-related case against him, citing the ‘numerous novel and complex legal issues’ the prosecution presents. Attorneys for Trump filed a motion to Washington, D.C. federal Judge Tanya Chutkan exactly a month after she set an October 9 deadline for any pretrial motions the parties might want to file. In federal trials, prosecutors and defense attorneys submit written arguments to the court about legal issues ranging from concerns about the investigation to attempts to dismiss the case. The court then sets time limits for responses to those filings, usually allowing ample time for a response and other litigation. As a result, any changes to the schedule generally result in trial delays. In this case, Trump's attorneys have urged Chutkan to move the Oct. 9 deadline by two months — to Dec. 9, 2023 — which would move the initial due date for raising primary legal issues to under three months before the trial is currently set to begin, on March 4, 2024.” [CBS News, 9/28/23]
March 4, 2024: Trial Date Set In The January 6 Case. According to the New York Times, “The federal judge overseeing former President Donald J. Trump’s prosecution on charges of conspiring to overturn the 2020 election set a trial date on Monday for early March, rebuffing Mr. Trump’s proposal to push it off until 2026. The decision by Judge Tanya S. Chutkan to start the trial on March 4 amounted to an early victory for prosecutors, who had asked for Jan. 2. But it potentially brought the proceeding into conflict with the three other trials that Mr. Trump is facing, underscoring the extraordinary complexities of his legal situation and the intersection of the prosecutions with his campaign to return to the White House.” [New York Times, 8/28/23]
June 24, 2021: Speaker Pelosi Announced Creation Of A Select Committee To Investigate The January 6 Attack On The Capitol. According to CNN, “House Speaker Nancy Pelosi announced Thursday she will create a select committee to investigate the January 6 attack on the Capitol after Republicans blocked the formation of an independent commission. The select committee will corral the various House Democratic investigations into the events surrounding the deadly insurrection into a single effort to examine what led to pro-Donald Trump supporters breaching the Capitol and disrupting the certification of President Joe Biden’s November 2020 election win.” [CNN, 6/24/21]
June 9, 2022: The First Committee Hearing Opened With Chairman Thompson Saying Trump “Was At The Center Of This Conspiracy.” According to the Washington Post, “The House Select Committee to Investigate the Jan. 6 Attack on the United States Capitol opened a landmark set of hearings on Thursday by showing video of aide after aide to former President Donald J. Trump testifying that his claims of a stolen election were false, as the panel laid out in meticulous detail the extent of the former president’s efforts to keep himself in office. Over about two hours, the panel offered new information about what it characterized as an attempted coup orchestrated by Mr. Trump that culminated in the deadly assault on the Capitol. The panel’s leaders revealed that investigators heard testimony that Mr. Trump endorsed the hanging of his own vice president as a mob of his supporters descended on Congress. They also said they had evidence that members of Mr. Trump’s cabinet discussed invoking the 25th Amendment to remove him from office. The session kicked off an ambitious effort by the nine-member committee, which was formed after Republicans blocked the creation of a nonpartisan commission, to lay out the full story of a remarkable assault on U.S. democracy, orchestrated by a sitting president, that led to a deadly riot, an impeachment and a crisis of confidence in the political system. ‘Donald Trump was at the center of this conspiracy,’ said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee. ‘And ultimately, Donald Trump, the president of the United States, spurred a mob of domestic enemies of the Constitution to march down the Capitol and subvert American democracy.’” [Washington Post, 6/9/22]
October 13, 2022: The House January 6 Committee Voted Unanimously To Subpoena Trump. According to the Associated Press, “The House Jan. 6 committee voted unanimously to subpoena former President Donald Trump, demanding his personal testimony as it unveiled startling new video and described his multi-part plan to overturn his 2020 election loss, which led to his supporters’ fierce assault on the U.S. Capitol. With alarming messages from the U.S. Secret Service warning of violence and vivid new video of House Speaker Nancy Pelosi and other congressional leaders pleading for help, the panel on Thursday showed the raw desperation at the Capitol. Using language frequently seen in criminal indictments, the panel said Trump had acted in a ‘premeditated’ way before Jan. 6, 2021, despite countless aides and officials telling him he had lost.” [Associated Press, 10/14/22]
December 19, 2022: The House January 6 Committee Issued Four Criminal Referrals Of Trump To The Department Of Justice. According to the Associated Press, “The House Jan. 6 committee urged the Justice Department on Monday to bring criminal charges against Donald Trump for the violent 2021 Capitol insurrection, calling for accountability for the former president and ‘a time of reflection and reckoning.’ After one of the most exhaustive and aggressive congressional probes in memory, the panel’s seven Democrats and two Republicans are recommending criminal charges against Trump and associates who helped him launch a wide-ranging pressure campaign to try to overturn his 2020 election loss. The panel also released a lengthy summary of its final report, with findings that Trump engaged in a ‘multi-part conspiracy’ to thwart the will of voters. At a final meeting Monday, the committee alleged violations of four criminal statutes by Trump, in both the run-up to the riot and during the insurrection itself, as it recommended the former president for prosecution to the Justice Department.” [Associated Press, 12/19/22]
December 22, 2022: The January 6 Committee Released Their Report Which Recommended Trump Be Barred From Federal Office. According to NPR, “After roughly 18 months of investigations, the House committee investigating the deadly Jan. 6, 2021, insurrection at the U.S. Capitol has released their full report. The document, which is more than 800 pages long, recommends the Justice Department pursue criminal charges against former President Donald Trump for his role in the attack. And they say Congress should act to bar Trump, and others involved in the Jan. 6 insurrection, from ever holding federal office again.” [NPR, 12/23/22]
The House January 6 Committee Said Trump May Have Violated Laws On Conspiracy To Prevent The Discharge Of Official Duties And Conspiracy To Prevent Execution Of The Law. According to the Executive Summary of the Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, “Depending on evidence developed by the Department of Justice, the President’s actions with the knowledge of the risk of violence could also constitute a violation of 18 U.S.C. § 372 and § 2384, both of which require proof of a conspiracy. Section 372 prohibits a conspiracy between two or more persons ‘to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in the discharge of his official duties.’ Oath Keepers Kelly Meggs, Kenneth Harrelson, and Jessica Watkins were convicted of violating 18 U.S.C. § 372 in connection with the January 6th attack on the Capitol.650 The Committee believes that former Chief of Staff Mark Meadows (who refused to testify and was held in contempt of Congress) could have specific evidence relevant to such charges, as may witnesses who invoked their Fifth Amendment rights against self-incrimination before this Committee. Section 2384, the seditious conspiracy statute, prohibits ‘conspir[acy] to overthrow, put down, or to destroy by force the Government of the United States . . . or to oppose by force the authority thereof, or by force to prevent, hinder or delay the execution of any law of the United States . . . .’” [Select Committee to Investigate the January 6th Attack on the United States Capitol, 12/22/22]
The House January 6 Committee Said Trump May Have Attempted To Obstruct Its Investigation. According to the Executive Summary of the Final Report of the Select Committee to Investigate the January 6th Attack on the United States Capitol, “The Committee has substantial concerns regarding potential efforts to obstruct its investigation, including by certain counsel (some paid by groups connected to the former President) who may have advised clients to provide false or misleading testimony to the Committee. Such actions could violate 18 U.S.C. §§ 1505, 1512. The Committee is aware that both the U.S. Department of Justice and the Fulton County District Attorney’s Office have already obtained information relevant to these matters, including from the Committee directly. We urge the Department of Justice to examine the facts to discern whether prosecution is warranted. The Committee’s broad concerns regarding obstruction and witness credibility are addressed in the Executive Summary to this Report.” [Select Committee to Investigate the January 6th Attack on the United States Capitol, 12/22/22]
April 11, 2023: Former Trump White House Lawyer Passantino Sued The January 6 Committee. According to Bloomberg Law, “Former Trump White House lawyer Stefan Passantino is suing the House Jan. 6 committee, alleging its members pushed a ‘false narrative’ that he encouraged star witness Cassidy Hutchinson to lie to the panel. The committee leaked ‘an outrageous tale’ about Passantino to the news media, he said in a complaint filed Tuesday.” [Bloomberg Law, 4/11/23]
May 10, 2019: The House Ways And Means Committee Subpoenaed Six Years Of Trump’s Tax Returns From The Treasury Department And The IRS. According to the New York Times, “The chairman of the House Ways and Means Committee subpoenaed the Treasury Department and Internal Revenue Service on Friday, disregarding the Treasury secretary’s refusal this week to hand over six years of President Trump’s personal and business tax returns and demanding access. The subpoenas from Representative Richard E. Neal, Democrat of Massachusetts, to Treasury Secretary Steven Mnuchin and Charles P. Rettig, the I.R.S. commissioner, amounted to an unexpected shift in tactics in the yearslong Democratic effort to secure tax returns that Mr. Trump has refused to release. Mr. Mnuchin had rejected a request for the returns made under a little-known provision of the federal tax code that dates back to the Teapot Dome scandal of Warren G. Harding’s administration nearly a century ago.” [New York Times, 5/10/19]
May 17, 2019: Treasury Secretary Mnuchin Refused The Subpoena. According to CNN, “Treasury Secretary Steve Mnuchin on Friday defied subpoenas from House Ways and Means Committee Chairman Richard Neal for President Donald Trump’s tax returns. In a new letter, Mnuchin again says the request ‘lacks a legitimate legislative purpose’ and that he is ‘not authorized to disclose the requested returns and return information.’” [CNN, 5/17/22]
June, 2019: Trump Filed Multiple FOIA Requests While President In An Attempt To Look At IRS Deliberations Involving His Tax Returns. According to Bloomberg, “Donald Trump demanded reams of information from the Internal Revenue Service as it was preparing to turn over his personal tax returns to a congressional committee, papering the agency with a deluge of Freedom of Information Act requests in search of a behind-the scenes look at its deliberations, new documents show. The former president routinely works to drag out any legal challenge to him personally or politically. But this effort took an unusual turn when he filed several FOIA requests during the nearly four years he spent unsuccessfully trying to block his tax returns from becoming public. Trump’s decision to use the public records request law to get information from his own government is unconventional, largely because as commander-in-chief and leader of the Executive Branch he has numerous options to get data from federal agencies that don’t require him to use a last-resort tool available to anyone.” [Bloomberg, 1/30/23]
July 2, 2019: House Democrats Sued Mnuchin And IRS Commissioner Rettig. According to NPR, “House Ways and Means Committee Chairman Richard Neal, D-Mass., sued Treasury Secretary Steven Mnuchin and IRS Commissioner Charles Rettig to obtain six years of President Trump's tax returns. The lawsuit, filed Tuesday in U.S. District Court in Washington, D.C., is the latest step in a months-long battle with the Trump administration over the president's tax records. Democrats want the court to enforce a subpoena requesting the returns.” [NPR, 7/2/19]
December 14, 2021: Federal Judge McFadden Ruled In Favor Of House Democrats. According to Politico, “A federal judge has rejected former President Donald Trump’s bid to block congressional Democrats from obtaining his tax returns. Judge Trevor McFadden, a Trump appointee to federal district court in Washington, said Trump was ‘wrong on the law’ and that Congress is due ‘great deference’ in its inquiries. ‘Even the special solicitude accorded former Presidents does not alter the outcome,’ McFadden wrote in a 45-page ruling. ‘The Court will therefore dismiss this case.’” [Politico, 12/14/21]
November 23, 2022: The Supreme Court Rejected Trump’s Appeal, Granting Congress Access To Trump’s Taxes. According to the BBC, “The US Supreme Court has cleared the way for ex-President Donald Trump's tax forms to be released to a Democratic-controlled congressional committee. The justices rejected Mr Trump's bid in October to block a lower court's ruling that granted the panel's request for his financial records. The move is a blow to Mr Trump, who has for years kept his returns sealed. He criticised the decision on Wednesday and said the Supreme Court had ‘lost its honour’.” [BBC, 11/23/22]
November 30, 2022: Congress Received The Tax Returns. According to CNN, “The House Ways and Means Committee now has six years of Donald Trump’s federal tax returns, ending a yearslong pursuit by Democrats to dig into one of the former president’s most closely guarded personal details. ‘Treasury has complied with last week’s court decision,’ a Treasury spokesperson told CNN on Wednesday.” [CNN, 11/30/22]
December 30, 2022: House Democrats Released Trump’s Federal Tax Returns From 2015 To 2020. According to the New York Times, “House Democrats released six years of former President Donald J. Trump’s tax records on Friday, offering new insight into his business dealings that further undermined his long-cultivated image as a wildly successful businessman.” [New York Times, 12/30/22]
January 23, 2023: House Democrats Asked The Government Accountability Office To Probe Why Trump’s Tax Returns Were Not Adequately Audited. According to Politico, “Democrats are asking a government watchdog to probe why the IRS didn’t adequately audit President Donald Trump despite its own guidelines and raising questions about potential political interference with the agency. Rep. Jimmy Gomez (D-Calif.) and 14 other Democrats who were on the Ways and Means Committee when the circumstances surrounding Trump’s audit were disclosed want the Government Accountability Office to examine the long delay in auditing Trump under an IRS program that mandates the scrutiny of tax returns filed by every sitting president.” [Politico, 1/23/23]
July 1, 2021: The Manhattan District Attorney’s Office Charged The Trump Organization With Tax Fraud. According to the New York Times, “The Trump Organization, the real estate business that catapulted Donald J. Trump to tabloid fame, television riches and ultimately the White House, was charged Thursday with running a 15-year scheme to help its executives evade taxes by compensating them with fringe benefits that were hidden from the authorities. The Manhattan district attorney’s office, which has been conducting the investigation alongside the New York attorney general, also accused a top executive, Allen H. Weisselberg, of avoiding taxes on $1.7 million in perks that should have been reported as income. Mr. Weisselberg, Mr. Trump’s long-serving and trusted chief financial officer, faced grand larceny, tax fraud and other charges.” [New York Times, 7/1/21]
October 2021: The Trump Organization Was Held In Contempt In A Secret Trial After Prosecutors Claimed They Were “Willfully Disobeying” Grand Jury Subpoenas And Court Orders. According to the New York Times, “Donald J. Trump’s family business lost a criminal contempt trial that was held in secret last fall, according to a newly unsealed court document and several people with knowledge of the matter, with a judge ruling against the company almost exactly a year before it was convicted of a tax fraud scheme last week. The document, a judicial order released Tuesday, showed that in October 2021, a one-day contempt trial was held after prosecutors with the Manhattan district attorney’s office requested that the company be punished for ‘willfully disobeying’ four grand jury subpoenas and three court orders enforcing compliance.” [New York Times, 12/13/22]
August 18, 2022: Trump Organization CFO Weisselberg Pled Guilty To 15 Felonies In Plea Deal To Testify Against The Trump Organization. According to CNN, “Allen Weisselberg, the former chief financial officer of the Trump Organization, pleaded guilty Thursday to his role in a 15-year-long tax fraud scheme, and as part of the deal he has agreed to testify against former President Donald Trump’s real estate company at trial. In court Thursday, Weisselberg said, ‘Yes, your honor’ when asked if he was pleading guilty of his own choice. Weisselberg pleaded guilty to 15 felonies and admitted he failed to pay taxes on $1.7 million in income, including luxury perks, such as rent and utilities for a Manhattan apartment, leases for a pair of Mercedes-Benz cars and private school tuition for his grandchildren. He admitted to concealing those benefits from his accountant to under-report his income and knowingly omitting the income from his personal tax returns. Weisselberg answered a series of specific questions about the scheme from the judge in a hushed and barely audible tone, saying ‘Yes, your honor’ repeatedly. As part of the deal, he will pay nearly $2 million in back taxes, interest and penalties and waive any right to appeal.” [CNN, 8/18/22]
December 6, 2022: The Trump Organization Was Found Guilty On All 17 Counts Of Tax Fraud And Other Crimes For Giving Off-The-Books, Tax-Free Perks To Employees. According to the New York Times, “The Trump Organization, the family real estate business that made Donald J. Trump a billionaire and propelled him from reality television to the White House, was convicted on Tuesday of tax fraud and other crimes, forever tarring the former president and the company that bears his name. The conviction on all 17 counts, after more than a day of jury deliberations in State Supreme Court in Manhattan, stemmed from the company’s practice of doling out off-the-books perks to executives: They received luxury apartments, leased Mercedes-Benzes, extra cash at Christmas, even free cable television. They paid taxes on none of it.” [New York Times, 12/6/22]
January 10, 2023: Weisselberg Was Sentenced To Five Months In Jail And Five Years Of Probation And Ordered To Pay Nearly $2 Million In Taxes, Fees, And Penalties. According to the Associated Press, “Allen Weisselberg, a longtime executive for Donald Trump ’s business empire whose testimony helped convict the former president’s company of tax fraud, was sentenced Tuesday to five months in jail for dodging taxes on $1.7 million in job perks. Weisselberg, 75, was promised that sentence in August when he agreed to plead guilty to 15 tax crimes and to testify against the Trump Organization, where he’s worked since the mid-1980s and until his arrest, had served as chief financial officer. He was handcuffed and taken into custody moments after the sentence was announced and was expected to be taken to New York City’s notorious Rikers Island jail complex. Weisselberg will be eligible for release after a little more than three months if he behaves behind bars. As part of the plea agreement, Judge Juan Manuel Merchan also ordered Weisselberg to pay nearly $2 million in taxes, penalties and interest — which he has paid as of Jan. 3. Additionally, the judge ordered Weisselberg to complete five years of probation after his jail term is finished.” [Associated Press, 1/10/23]
January 13, 2023: The Trump Organization Received The Maximum Penalty, A $1.6 Million Fine, For Its Convictions On Tax Avoidance. According to the New York Times, “Former president Donald J. Trump’s family real estate business was ordered on Friday to pay a $1.6 million criminal penalty for its conviction on tax fraud and other charges, a stinging rebuke and the maximum possible punishment. The sentence, handed down by a judge in State Supreme Court in Manhattan, caps a lengthy legal ordeal for Mr. Trump’s company, the Trump Organization, which was convicted in December of doling out off-the-books perks to some of its top executives. One of the executives who orchestrated the scheme, Allen H. Weisselberg, pleaded guilty and testified at the company’s trial. He was sentenced on Tuesday to serve five months at the notorious Rikers Island jail complex.” [New York Times, 1/13/23]
January 24, 2023: The Trump Corporation And The Trump Payroll Corporation Paid The $1.6 Million Fine They Received After Being Convicted On Tax Fraud. According to the Daily Beast, “Former President Donald Trump’s family company—notorious for stiffing contractors and dodging bills—has paid the $1.6 million fine it received for its tax fraud conviction in December. The New York County Clerk received the payment in two separate checks on Jan. 24, according to a clerk who confirmed matter-of-factly that the checks didn’t bounce. In recent days, according to a court spokesman, the clerk’s office notified Justice Juan Merchan, the judge who sentenced the Trump Corporation and Trump Payroll Corporation in January to the maximum financial penalty allowed by the state. The companies, which are part of the overall Trump Organization, were convicted in early December by a New York jury that was deeply offended at the way Trump’s businesses cooked the books to shower top executives with untaxed benefits.” [Daily Beast, 2/3/23]
March 2023: The Trump Organization Allegedly Fired The Lawyer Representing Their Former CFO Allen Weisselberg Because He Was Too Willing To Cooperate With The Manhattan DA. According to the Daily Beast, “The Trump Organization has suddenly switched the attorney representing its jailed former chief financial officer, Allen Weisselberg, after some folks in Trumpworld expressed concerns he was too willing to play ball with the Manhattan District Attorney investigating former President Donald Trump, according to three sources familiar with the situation. For months, the Trump Organization paid New York City lawyer Nicholas Gravante to represent Weisselberg. But according to two people familiar with the situation who spoke with The Daily Beast on the condition of anonymity, Gravante wasn’t ‘Trumpy’ enough to keep onboard.” [Daily Beast, 3/30/23]
April 19, 2023: Former Trump Organization CFO Weisselberg Was Released From Jail 100 Days Into Five Month Sentence. According to Reuters, “Former Trump Organization chief financial officer Allen Weisselberg was released from jail on Wednesday, according to New York City Department of Correction records. Weisselberg was sent to New York's Rikers Island jail on January 10 for helping engineer a wide-ranging 15-year tax fraud scheme at former president Donald Trump's family business. He was sentenced to five months behind bars but was eligible for release after 100 days with time off for good behavior.” [Reuters, 4/19/23]
October 2016: Trump Lawyer Michael Cohen Paid Stormy Daniels $130,000 For Being Silent About A Sexual Encounter With Donald Trump. According to the Wall Street Journal, “A lawyer for President Donald Trump arranged a $130,000 payment to a former adult-film star a month before the 2016 election as part of an agreement that precluded her from publicly discussing an alleged sexual encounter with Mr. Trump, according to people familiar with the matter. Michael Cohen, who spent nearly a decade as a top attorney at the Trump Organization, arranged payment to the woman, Stephanie Clifford, in October 2016 after her lawyer negotiated the nondisclosure agreement with Mr. Cohen, these people said. Ms. Clifford, whose stage name is Stormy Daniels, has privately alleged the encounter with Mr. Trump took place after they met at a July 2006 celebrity golf tournament on the shore of Lake Tahoe, these people said. Mr. Trump married Melania Trump in 2005.” [Wall Street Journal, 1/12/18]
August 21, 2018: Cohen Said He Made The Payment At The Request Of Trump While Pleading Guilty To Campaign Finance Law Violations. According to the New York Times, “Michael D. Cohen, President Trump’s former lawyer, made the extraordinary admission in court on Tuesday that Mr. Trump had directed him to arrange payments to two women during the 2016 campaign to keep them from speaking publicly about affairs they said they had with Mr. Trump. Mr. Cohen acknowledged the illegal payments while pleading guilty to breaking campaign finance laws and other charges, a litany of crimes that revealed both his shadowy involvement in Mr. Trump’s circle and his own corrupt business dealings. He told a judge in United States District Court in Manhattan that the payments to the women were made ‘in coordination with and at the direction of a candidate for federal office,’ implicating the president in a federal crime. ‘I participated in this conduct, which on my part took place in Manhattan, for the principal purpose of influencing the election’ for president in 2016, Mr. Cohen said.” [New York Times, 8/21/18]
July-August, 2019: Manhattan District Attorney Vance Opened An Investigation Into The Hush-Money Payment. According to the New York Times, “State prosecutors in Manhattan subpoenaed President Trump’s family business on Thursday, reviving an investigation into the company’s role in hush-money payments made during the 2016 presidential campaign, according to people briefed on the matter.The subpoena, issued by the Manhattan district attorney’s office, demanded the Trump Organization provide documents related to money that had been used to buy the silence of Stormy Daniels, a pornographic film actress who said she had an affair with Mr. Trump. The inquiry from the district attorney’s office, which is in early stages, is examining whether any senior executives at the company filed false business records about the hush money, which would be a state crime, the people said.” [New York Times, 8/1/19]
November 2022: The Manhattan District Attorney’s Office Jump-Started Criminal Investigation Into Trump, Focusing On The Hush-Money Payment To Daniels. According to the New York Times, “The Manhattan district attorney’s office has moved to jump-start its criminal investigation into Donald J. Trump, according to people with knowledge of the matter, seeking to breathe new life into an inquiry that once seemed to have reached a dead end. Under the new district attorney, Alvin L. Bragg, the prosecutors have returned to the long-running investigation's original focus: a hush-money payment to a porn star who said she had an affair with Mr. Trump. The district attorney’s office first examined the payment to the actress, Stormy Daniels, years ago before changing direction to scrutinize Mr. Trump’s broader business practices. But Mr. Bragg and some of his deputies have recently indicated to associates, supporters and at least one lawyer involved in the matter that they are newly optimistic about building a case against Mr. Trump, the people said.” [New York Times, 11/21/22]
January 17, 2023: Manhattan DA’s Office Met With Former Trump Lawyer Cohen Over Hush Money Payments To Daniels. According to the New York Times, “The Manhattan district attorney’s office on Tuesday took a significant step forward in its investigation of Donald J. Trump, meeting with his former personal lawyer about hush money paid to a porn star who said she had an affair with Mr. Trump, according to people with knowledge of the matter. The questioning of the lawyer, Michael D. Cohen, offered the clearest sign yet that the district attorney’s office was ramping up its investigation into Mr. Trump’s role in the $130,000 hush money deal. Mr. Cohen has said publicly that Mr. Trump directed him, in the final days of the 2016 presidential campaign, to buy the silence of Stephanie Clifford, the actress known as Stormy Daniels. While the hush money was an impetus for the district attorney’s investigation, which began in 2018, prosecutors had shifted in recent years to a broader examination of Mr. Trump’s business practices. In recent months, however, the prosecutors returned to the payments, seeking to breathe new life into the investigation, The New York Times reported in November.” [New York Times, 1/17/23]
January 30, 2023: The Manhattan DA Planned To Present Evidence To A Grand Jury Concerning Trump’s Role In The Stormy Daniels Hush Money Payment. According to the New York Times, “The Manhattan district attorney’s office on Monday will begin presenting evidence to a grand jury about Donald J. Trump’s role in paying hush money to a porn star during his 2016 presidential campaign, laying the groundwork for potential criminal charges against the former president in the coming months, according to people with knowledge of the matter. The grand jury was recently impaneled, and witness testimony will soon begin, a clear signal that the district attorney, Alvin L. Bragg, is nearing a decision about whether to charge Mr. Trump.” [New York Times, 1/30/23]
February 2, 2023: Manhattan Prosecutors Warned Former Trump Organization CFO Allen Weisselberg He May Face Additional Charges On Insurance Fraud In An Effort To Pressure Him To Cooperate. According to the New York Times, “Manhattan prosecutors this week warned that they might file new fraud charges against Allen H. Weisselberg, a longtime top executive at Donald J. Trump’s real estate business — increasing pressure on Mr. Weisselberg to cooperate in a broader investigation into the former president, according to people with knowledge of the matter. Mr. Weisselberg, the Trump Organization’s former chief financial officer, is already serving a five-month sentence in the Rikers Island jail complex after pleading guilty to unrelated tax fraud charges. While he testified against the company at its trial on the same charges last year, he has for years refused to turn on Mr. Trump directly. But as the Manhattan district attorney, Alvin L. Bragg, jump-starts his office’s effort to indict Mr. Trump, his prosecutors are using the prospect of additional charges to exert leverage over Mr. Weisselberg, the people with knowledge of the matter said. The potential charges, which prosecutors conveyed to the former executive’s legal team this week, center on insurance fraud and could lead to a significant prison sentence for Mr. Weisselberg, who is 75.” [New York Times, 2/2/23]
March 1, 2023: Former Trump Campaign Manager Kellyanne Conway Met With The Manhattan District Attorney’s Office. According to the New York Times, “Kellyanne Conway, who managed the final months of Donald J. Trump’s 2016 campaign, met with prosecutors from the Manhattan district attorney’s office on Wednesday, the latest sign that the office is ramping up its criminal investigation into the former president.” [New York Times, 3/1/23]
March 15, 2023: Former Trump Lawyer Cohen Concluded His Testimony Before The Grand Jury. According to Bloomberg, “Donald Trump’s former fixer Michael Cohen said he testified for a second and final time before a New York grand jury investigating the former president for potential crimes tied to hush-money payments made to a porn star during the 2016 campaign. Following his appearance before the grand jury Wednesday, which lasted at least two hours, Cohen told reporters he looked forward to testifying at trial if prosecutors decide to charge Trump. Cohen made his first appearance before the panel on Monday.” [Bloomberg, 3/15/23]
March 15, 2023: Stormy Daniels Met With The Manhattan DA’s Office. According to the New York Times, “Manhattan prosecutors on Wednesday met with Stormy Daniels, the porn star who was paid $130,000 to keep quiet about her affair with Donald J. Trump, according to a lawyer for Ms. Daniels. The lawyer, Clark Brewster, tweeted that at the request of the Manhattan district attorney’s office, he and Ms. Daniels had met with prosecutors. Ms. Daniels responded to questions, he said, ‘and has agreed to make herself available as a witness, or for further inquiry if needed.’” [New York Times, 3/15/23]
March 6, 2023: Former White House Aide Hope Hicks Met With The Manhattan DA’s Office. According to the New York Times, “Hope Hicks, a trusted aide to Donald J. Trump during his 2016 presidential campaign, met with the Manhattan district attorney’s office on Monday — the latest in a string of witnesses to be questioned by prosecutors as they investigate the former president’s involvement in paying hush money to a porn star. The appearance of Ms. Hicks, who was seen walking into the Manhattan district attorney’s office in the early afternoon, represents the latest sign that the prosecutors are in the final stages of their investigation.” [New York Times, 3/6/23]
March 24, 2023: Manhattan DA Bragg Received A Death Threat In A Letter That Also Contained A White Powder. According to CNBC, “Manhattan District Attorney Alvin Bragg was threatened with assassination in a letter containing powder, hours after former President Donald Trump warned Friday of ‘potential death & destruction’ if he is indicted by a grand jury in a criminal case led by Bragg. ‘ALVIN: I AM GOING TO KILL YOU!!!!!!!!!!!!!’’ said the typewritten note in a letter contained in an envelope addressed to Bragg, WNBC reported, citing law enforcement sources.” [CNBC, 3/24/23]
March 27, 2023: Former Chief Executive Of The National Enquirer’s Parent Company Pecker Testified Again Before The Grand Jury. According to the Associated Press, “A pivotal figure in the hush money payment investigation of Donald Trump returned on Monday to the building where a grand jury has been meeting for months, a repeat appearance suggesting his testimony could be key as prosecutors push toward potential criminal charges. There was still no word on when the panel might vote on a possible indictment of the former president. David Pecker, a longtime Trump friend and the former chief executive of the parent company of The National Enquirer, was back as the grand jury heard testimony in the probe for the first time since last Monday, when a witness favorable to the ex-president appeared.” [Associated Press, 3/27/23]
March 13, 2013: Trump Declined To Testify Before The Grand Jury Probing His Payment To Stormy Daniels. According to NBC News, “Former president Donald Trump will not appear before the Manhattan grand jury probing a hush-money payment made to adult film actress Stormy Daniels during his 2016 presidential campaign, Trump attorney Joe Tacopina told NBC News on Monday. Trump's legal team met with the former president in Florida over the weekend. Following the discussions, the president decided not to sit for a meeting with the grand jury in New York. The Manhattan District Attorney's Office convened the grand jury to look into the payment made to Stormy Daniels, an adult film actress who alleges she slept with Trump before he became president.” [NBC News , 3/13/23]
Trump’s Lawyers Met With the Manhattan DA’s Office To Argue Against Prosecution. According to the New York Times, “Mr. Trump declined the offer, people with knowledge of his decision said. And members of his legal team recently met privately with prosecutors to make their case against an indictment, one of his lawyers, Joseph Tacopina, said on ‘Good Morning America’ on Monday. One of the lawyers at the meeting was Susan R. Necheles, who Mr. Tacopina said was ‘leading the charge’ for Mr. Trump.” [New York Times, 3/13/23]
March 20, 2023: Robert Costello Testified As A Rebuttal Witness For Trump Before The Grand Jury. According to Bloomberg, “Robert Costello, a lawyer who said he once advised Cohen, said he testified Monday for about two hours before the state grand jury investigating Trump as a rebuttal witness for the defense. Cohen denies Costello ever represented him.” [Bloomberg, 3/20/23]
March 18, 2023: Trump Said That He Would Be Arrested By The Manhattan DA’s Office On Tuesday, March 21 And Called For Protest. According to the Wall Street Journal, “Donald Trump called on his supporters to protest in the face of expected charges against the former president in New York connected to the payment of hush money to a porn star. Mr. Trump posted a message on his social media site Saturday morning, saying leaks indicated that he would be charged by the Manhattan district attorney’s office and arrested on Tuesday ‘BASED ON AN OLD & FULLY DEBUNKED (BY NUMEROUS OTHER PROSECUTORS!) FAIRYTALE.’” [Wall Street Journal, 3/18/23]
March 24, 2023: Trump Posted That A Charge Against Him Could Yield “Potential Death & Destruction.” According to a post to Truth Social by @realDonaldTrump, “What kind of person can charge another person, in this case a former President of the United States, who got more votes than any sitting President in history, and leading candidate (by far!) for the Republican Party nomination, with a Crime, when it is known by all that NO Crime has been committed, & also known that potential death & destruction in such a false charge could be catastrophic for our Country? Why & who would do such a thing? Only a degenerate psychopath that truely hates the USA” [Truth Social - @realDonaldTrump, 3/24/23]
March 25, 2023: House Committee Chairs Pressed DA Bragg To Cooperate With Their Request For Information. According to the Wall Street Journal, “House Republicans pressed Manhattan District Attorney Alvin Bragg to cooperate with their request for information about the potential indictment of former President Donald Trump over his role in paying hush money to a porn star. In a Saturday letter to Mr. Bragg, House Judiciary Chairman Jim Jordan (R., Ohio), Oversight Chairman James Comer (R., Ky.), and House Administration Committee Chairman Bryan Steil (R., Wis.) outlined their reasoning for why Congress should have access to communications, documents and testimony relating to the Manhattan district attorney’s investigation.” [Wall Street Journal, 3/25/23]
March 31, 2023: Manhattan DA’s Office Called House Republicans’ Accusations Of His Indictment Of Trump “Misleading And Meritless” And “Baseless And Inflammatory.” According to Politico, “Manhattan District Attorney Alvin Bragg defended his office’s decision to indict Donald Trump in a letter to Republican lawmakers Friday, rejecting GOP accusations of political persecution as ‘baseless and inflammatory.; ‘That conclusion is misleading and meritless,’ wrote Leslie Dubeck, Bragg’s general counsel, in a six-page letter to three House Republican committee chairs who have sought internal details of the criminal probe.” [Politico, 3/31/23]
April 11, 2023: Manhattan DA Bragg Sued House Judiciary Committee Chair Jim Jordan Over A “Brazen And Unconstitutional Attack” On The Investigation Into Donald Trump. According to the New York Times, “The Manhattan district attorney on Tuesday sued Representative Jim Jordan of Ohio in an extraordinary step intended to keep congressional Republicans from interfering in the office’s criminal case against former President Donald J. Trump. The 50-page suit, filed in federal court in the Southern District of New York, accuses Mr. Jordan of a ‘brazen and unconstitutional attack’ on the prosecution of Mr. Trump and a ‘transparent campaign to intimidate and attack’ the district attorney, Alvin L. Bragg. Mr. Bragg last week unveiled 34 felony charges against Mr. Trump that stem from the former president’s attempts to cover up a potential sex scandal during and after the 2016 presidential campaign.” [New York Times, 4/11/23]
March 30, 2023: Manhattan Grand Jury That Had Heard Testimony In Stormy Daniels Investigation Voted To Indict Donald Trump. According to the Washington Post, “A Manhattan grand jury has voted to indict former president Donald Trump, making him the first person in U.S. history to serve as commander in chief and then be charged with a crime, and setting the stage for a 2024 presidential contest unlike any other. The indictment was sealed, which means the specific charge or charges are not publicly known. But the grand jury had been hearing evidence about money paid to adult-film actress Stormy Daniels during Trump’s 2016 presidential campaign, allegedly to keep her from saying she’d had a sexual encounter with Trump years earlier. Trump is expected to turn himself in and appear in court on Tuesday at 2:15 p.m., said a person familiar with the matter, speaking on the condition of anonymity to discuss plans that have not been publicly announced.” [Washington Post, 3/30/23]
Manhattan DA Bragg Said Trump’s “Unlawful Scheme” Violated Election Laws, Made False Business Records, And Committed Tax Crimes In Order To Influence The 2016 Presidential Election. According to the Statement of Facts in People v. Donald J. Trump from the Manhattan DA’s Office, “From August 2015 to December 2017, the Defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the Defendant’s electoral prospects. In order to execute the unlawful scheme, the participants violated election laws and made and caused false entries in the business records of various entities in New York. The participants also took steps that mischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme.” [Manhattan District Attorney’s Office, 4/4/23]
April 4, 2023: Trump Pleaded Not Guilty To 34 Felony Counts Of Falsifying Business Records. According to Politico, “Former President Donald Trump pleaded not guilty Tuesday to 34 felony charges connected to his alleged role in hush money payments to two women during the 2016 presidential campaign. Trump, the first former president ever indicted, delivered his plea in a Manhattan courtroom a few hours after turning himself in to authorities. All 34 counts he faces are for ‘falsifying business records,’ a crime that carries a sentence of up to four years in prison when charged as a felony. Judges often sentence first-time offenders to probation, particularly in non-violent cases.” [Politico, 4/4/23]
April 17, 2023: The Manhattan DA’s Office Asked The Judge To Look Into A Possible Conflict Of Interest Involving Trump Lawyer Tacopina. According to ABC News, “Prosecutors in New York City on Monday asked the judge overseeing the criminal case against former President Donald Trump to seek additional information from one of Trump's attorneys who they believe may have a potential conflict of interest in the case. Trump has pleaded not guilty to 34 felony counts of falsifying business records related to a $130,000 hush payment to adult film actress Stormy Daniels in the closing weeks of the 2016 campaign. Trump has denied all charges. Trump's defense team includes Joe Tacopina, a lawyer Daniels once considered hiring as her attorney, and the Manhattan district attorney's office said Tacopina's representations so far are insufficient. ‘[T]he People request that the Court make certain additional inquiries of Mr. Tacopina and conduct a Gomberg inquiry of the defendant,’ executive assistant district attorney Susan Hoffinger wrote in a letter to the court, referring to a hearing that would establish that Trump knowingly opts to continue with Tacopina as his attorney notwithstanding any conflict.” [ABC News, 4/17/23]
April 25, 2023: The Manhattan DA’s Office Asked A Judge For An Order To Prohibit Trump From Discussing Evidence Turned Over To Him Prior To His Trial. According to Bloomberg, “Manhattan District Attorney Alvin Bragg’s office asked a judge to issue an order prohibiting former President Donald Trump from publicly discussing information prosecutors turn over to his lawyers before he’s tried on business fraud charges. ‘The risk that this defendant will use the covered materials inappropriately is substantial,’ Manhattan Assistant District Attorney Catherine McCaw wrote. ‘Defendant has a long history of discussing his legal matters publicly — including by targeting witnesses, jurors, investigators, prosecutors, and judges with harassing, embarrassing, and threatening statements on social media and in other public forums — and he has already done so in this case.’” [Bloomberg, 4/25/23]
May 4, 2023: Judge Merchan Ruled That Trump Could Not Talk About Evidence, Including Names And Personal Information, That Was Obtained By The DA And Turned Over To Trump’s Defense Team. According to the New York Post, “Former President Donald Trump has been banned from talking — or posting — about certain evidence uncovered in the Manhattan District Attorney’s ‘hush money’ criminal case. Justice Juan Merchan handed down the ruling Thursday during a Manhattan Supreme Court hearing after prosecutors sought a protective order to restrict Trump, 76, from publicly revealing any evidence handed over to his legal team as the case unfolds. The judge — who insisted he was not imposing a ‘gag order’ — said Trump was prohibited from talking about evidence specifically obtained by the DA’s Office and turned over to the defense to prepare for trial, including people’s names or personal information. ‘I am not going to do anything … to infringe on his First Amendment rights,’ the judge said. Merchan said Trump is still free to talk about information that is already on the public record, as well as the vast majority of evidence tied to the case that has comes from the defense.” [New York Post, 5/4/23]
Judge Merchan Blocked Subpoenas For Severance, Confidentiality And Non-Disclosure Agreements For 10 Trump Organization Employees, But Allowed Subpoenas For Seven Others To Be Granted. According to CBS News, “Merchan also partially blocked, and partially granted, a subpoena from Bragg seeking severance, confidentiality and non-disclosure agreements related to 17 current and former Trump Organization employees. Merchan wrote that prosecutors documented why seven of those people were relevant to the case, but not the other 10.” [CBS News, 7/28/23]
May 16, 2023: The Manhattan DA’s Office Said Trump Was Not Entitled To Additional Details About The Charges He Faces From The Stormy Daniels Hush Money Payment. According to ABC News, “Former President Donald Trump ‘has more than sufficient information to prepare his defense’ and is not entitled to a written statement with additional details about the criminal charges he is facing, the Manhattan district attorney's office argued Tuesday in a new court filing. Trump, who last month pleaded not guilty in a New York City courtroom to 34 felony counts of falsifying business records related to a 2016 hush money payment, is seeking a bill of particulars that would contain details about the prosecutors' theory of the case that are not included in the indictment.” [ABC News, 5/16/23]
May 16, 2023: The Manhattan DA’s Filing Said Trump Allegedly Falsified Business Records In An Attempt To Conceal Violations Of State And Federal Law. According to Business Insider, “Assistant District Attorney Becky Mangold did tip the DA's hand slightly in the filing. Trump allegedly falsified business records to conceal violations of the following state and federal laws, the filing revealed.” [Business Insider, 5/16/23]
May 23, 2023: Prosecutors Turned Over Discovery Evidence To Trump’s Legal Team At The Hearing. According to CNN, “Prosecutors turned over discovery material to Trump’s lawyers in court during the hearing Tuesday. Scheduling deadlines in the case have been pushed back to give the defense more time to review the materials.” [CNN, 5/23/23]
May 26, 2023: Prosecutors In The Stormy Daniels Case Said In Court Documents That They Have A Recorded Conversation Between Trump And A Witness. According to CBS News, “Prosecutors in former President Donald Trump's Manhattan criminal case have released to his attorneys a recording of Trump and a witness, whose identity was not disclosed, according to a document the office made public Friday. The document, called an automatic discovery form, describes the nature of the charges against a defendant and a broad overview of the evidence that prosecutors will present at Trump's preliminary hearing or at trial. Trump's attorneys and media organizations, including CBS News, had repeatedly requested that such a form be made public in the weeks since Trump's arrest on April 4. […] The document lists the dates of 34 instances between Feb. 14, 2017 and Dec. 5, 2017 when he allegedly falsified records. In a section devoted to electronic evidence that will be turned over, a prosecutor for Manhattan District Attorney Alvin Bragg's office indicated they have disclosed to the defense a ‘recording of a conversation between defendant and a witness.’” [CBS News, 5/26/23]
June 20, 2023: The Manhattan DA’s Office Subpoenaed Trump’s Deposition In The E Jean Carroll Case. According to CBS News, “New York prosecutors have subpoenaed former President Donald Trump's deposition in a lawsuit filed by the writer E. Jean Carroll for use in the state's ‘hush money’ criminal case against him. In a court filing Tuesday, prosecutors maintained that upon reviewing portions of Trump's video deposition in the E. Jean Carroll case that were publicly released, ‘a number of the subject matters about which defendant testified under oath relate to facts at issue in this case and are therefore relevant and material to this proceeding.’” [CBS News, 6/20/23]
Trump Sought To Squash The Subpoena For The Deposition As Well As For Communications Between Trump Organization Personnel And White House Staff In 2017. According to CBS News, “In filings that have not been made public, Trump's legal team sought to quash that subpoena and another seeking a variety of communications between Trump Organization employees and White House staff between Inauguration Day 2017 and Dec. 31, 2017. Some of the individuals listed include former Trump CFO Allan Weisselberg, Ivanka Trump, aide Dan Scavino, former Trump lawyer Michael Cohen, former Trump Organization chief legal officer and Israel adviser Jason Greenblatt, former White House communications director Hope Hicks and others.” [CBS News, 6/20/23]
July 28, 2023: Merchan Indicated He Would Allow A Subpoena For Trump’s Deposition In The E Jean Carroll Case As Long As The Video Was Not Protected By A Confidentiality Agreement. According to CBS News, “Merchan indicated in the ruling he would not block another subpoena in which Bragg's office sought the lengthy videotaped deposition Trump gave to attorneys for writer E. Jean Carroll prior to a federal civil trial in which a jury found him liable for sexually abusing her. Portions of the deposition were played at the trial, but Merchan didn't outright order the tape be turned over to prosecutors. Instead, he instructed prosecutors to ask the federal judge to clarify if the rest of the video is still protected by a confidentiality order put in place before the trial.” [CBS News, 7/28/23]
August 3, 2023: A Federal Judge Ruled That Trump’s Deposition In The E Jean Carroll Trial And Related Materials Be Given To The Manhattan District Attorney’s Office. According to the Messenger, “A federal judge has ordered that former President Donald Trump's full deposition, interview transcript, and any related materials from E. Jean Carroll's sexual assault case lawsuit filed against him be turned over to the Manhattan District Attorney's office. Prosecutors in Manhattan are seeking to use the footage of Trump being deposed to show how he ‘dealt with allegations of a sexual nature.’” [Messenger, 8/3/23]
Trump Sought To Squash A Subpoena For Communications Between Melania And Trump’s Longtime Assistant Rhona Graff From 2015 To 2017. According to CBS News, “Trump also sought to quash subpoenas over a longer period of time, from Jan. 1, 2015 through Jan. 20, 2017, of all of the emails between his wife, Melania Trump, and longtime Trump assistant Rhona Graff, as well as his travel itineraries for that period of time.” [CBS News, 6/20/23]
Merchan Blocked A Subpoena For Melania Trump’s Emails In The Stormy Daniels Case. According to CBS News, “A New York judge has ruled in favor of former President Donald Trump's effort to block a pair of Manhattan district attorney subpoenas seeking emails sent by former first lady Melania Trump and other documents in his New York criminal case. The judge, Juan Merchan, ruled that the subpoenas were overly broad. Prosecutors for Manhattan D.A. Alvin Bragg's office had sought to obtain those emails and documents as part of a felony case against Trump for alleged falsification of business records.” [CBS News, 7/28/23]
Merchan Squashed Other Subpoenas, Including Travel Itineraries, Emails From White House Officials, And Emails From Former Trump Executive Assistant Rhona Graff. According to CBS News, “The quashed subpoenas also sought nearly a year's worth of emails between Trump Organization employees and White House officials, more than two years of Trump's travel itineraries, and emails between former Trump executive assistant Rhona Graff and Melania Trump, as well as from Graff to former director of Oval Office operations Keith Schiller. ‘This request would yield significantly more responsive records than necessary,’ Merchan wrote of the subpoena related to Melania Trump.” [CBS News, 7/28/23]
May 4, 2003: Trump’s Legal Team Filed Papers To Move Case To Federal Court. According to Bloomberg, “Donald Trump is seeking to move his criminal hush-money case to federal court, away from the state judge whom he’s accused of being biased against him. Trump’s lawyer, Todd Blanche, on Thursday afternoon filed papers formally requesting a transfer.” [Bloomberg, 5/4/23]
[New York Times, 5/4/23]
May 9, 2023: Judge Hellerstein Said The Case Could Proceed In New York State Court While The Motion To Move It To Federal Court Was Ongoing. According to ABC News, “‘In the meantime, proceedings may continue in the Supreme Court of the State of New York, New York County,’ Hellerstein's order said.” [ABC News, 5/9/23]
June 1, 2023: Federal Judge Hellerstein Disclosed That He Did Work For Trump Equitable Fifth Avenue Decades Earlier. According to ABC News, “The federal judge in New York who will decide whether to move former President Donald Trump's criminal case from state court to federal court previously did work for a Trump entity while he was in private practice, according to a court filing Thursday. […] Judge Alvin Hellerstein, in a letter addressed to Trump's attorneys and the Manhattan district attorney's office, said that as a partner at the law firm Stroock & Stroock & Lavan, he once performed legal work for Trump Equitable Fifth Avenue, an entity that once owned Trump Tower in Manhattan. Hellerstein retired from Stroock & Stroock & Lavan in 1998.” [ABC News, 6/1/23]
May 30, 2023: The Manhattan DA Said His Case Against Trump Belonged In New York State Court Because Trump’s Actions “Had No Connection To His Official Duties And Responsibilities As President.” According to Bloomberg, “Manhattan District Attorney Alvin Bragg says his hush-money prosecution of Donald Trump belongs in state court because the alleged criminal conduct ‘had no connection to his official duties and responsibilities as president.’” [Bloomberg, 5/30/23]
June 15, 2023: Trump Argued In A Court Filing To Move The Stormy Daniels Case To Federal Court. According to ABC News, “Former President Donald Trump tried again in a new court filing to get his criminal prosecution in New York moved to federal court, arguing the alleged crimes ‘took place while the president was in office.’ Trump's attorneys accused the Manhattan district attorney's office, known by the acronym DANY, of ‘deceptively mischaracterizing and ignoring the applicable facts and body of law’ by seeking to keep the case in state court. ‘According to DANY, the crux of its case was a purportedly 'illegal scheme that was largely perpetrated before defendant became [P]resident.' Such an alleged scheme, albeit nonexistent, could only violate federal, not state, campaign finance laws, as made clear by both the federal jurisprudence and the New York State election board,'’ the defense filing said.” [ABC News, 6/16/23]
June 27, 2023: Judge Hellerstein Indicated He Would Deny Trump’s Request To Move The Stormy Daniels Case To Federal Court. According to the New York Times, “A judge on Tuesday indicated that he was likely to deny a request from lawyers for Donald J. Trump to move a New York State criminal case against the former president to federal court. The federal judge, Alvin K. Hellerstein, said that he would issue a written ruling within two weeks, but was inclined not to transfer the case brought by the Manhattan district attorney’s office which stems from a hush-money payment before the 2016 presidential election. ‘There is no reason to believe that an equal measure of justice couldn’t be rendered by the state court,’ Judge Hellerstein said, after calling a central argument made by one of Mr. Trump’s lawyers ‘far-fetched.’” [New York Times, 6/27/23]
July 19, 2023: Federal Judge Hellerstein Ruled That The Manhattan District Attorney’s Case In The Stormy Daniels Affair Would Stay In State Court. According to Politico, “The Manhattan district attorney’s criminal case against former President Donald Trump will remain in state court instead of being moved to federal court, a federal judge ruled Wednesday. The ruling is a loss for Trump, who wanted the case moved to federal court. The felony charges from the Manhattan D.A.’s office accuse Trump of falsifying business records in connection with a scheme to pay hush money to silence affair allegations made by porn star Stormy Daniels during the 2016 presidential campaign. Trump has pleaded not guilty to the 34 charges.” [Politico, 7/19/23]
July 28, 2023: Trump Appealed The Decision To Keep The Stormy Daniels Case In State Court. According to the Associated Press, “Donald Trump asked a federal appeals court Friday to reverse a federal judge’s decision to keep his hush-money criminal case in a New York state court that the former president claims is ‘very unfair’ to him. Trump’s lawyers filed a notice of appeal with the 2nd U.S. Circuit Court of Appeals in Manhattan after U.S. District Judge Alvin K. Hellerstein last week rejected his bid to move the case to federal court, where his lawyers were primed to argue he was immune from prosecution. U.S. law allows criminal prosecutions to be moved from state to federal court if they involve actions taken by federal government officials as part of their official duties, but Hellerstein ruled that the hush-money case involved a personal matter, not presidential duties.” [Associated Press, 7/28/23]
May 31, 2023: Trump Filed A Motion For To Request The Recusal Of Judge Merchan. According to the New York Times, “Former President Donald J. Trump is asking the judge overseeing his criminal case in Manhattan to step aside, citing ties between the judge’s family and Democratic causes, Mr. Trump’s lawyers said in a statement Wednesday. The motion for recusal, which has not yet been filed publicly, represents the latest effort by Mr. Trump’s lawyers to move his case away from the judge, Juan M. Merchan of State Supreme Court in Manhattan.” [New York Times, 5/31/23]
June 10, 2023: The New York Advisory Committee On Judicial Ethics Signaled That Judge Merchan Would Not Need To Recuse Himself From The Stormy Daniels Case. According to Reuters, “A New York judicial ethics committee signaled that the state judge overseeing the criminal case against former President Donald Trump over hush money payments to a porn star will not need to recuse himself as Trump has requested. The one-page opinion released on Saturday by New York's Advisory Committee on Judicial Ethics does not identify anyone by name, but mirrors the case against Trump brought by Manhattan District Attorney Alvin Bragg and overseen by Justice Juan Merchan of the state court there.” [Reuters, 6/12/23]
June 20, 2023: The Manhattan DA’s Office Said Trump’s Attempt To Move The Case To A Different Judge Should Be Rejected. According to Reuters, “Donald Trump's bid to oust the judge overseeing the criminal case against him over a hush-money payment to a porn star should be rejected, the Manhattan District Attorney's office said in a filing on Tuesday. Trump has a ‘history of baselessly accusing state and federal judges around the country of bias,’ prosecutors wrote in opposing Trump's motion for New York state Justice Juan Merchan to remove himself from the case.” [Reuters, 6/20/23]
August 11, 2023: Judge Marchan Rejected Trump’s Motion To Recuse Himself. According to the Associated Press, “The judge in Donald Trump’s Manhattan hush-money criminal case has rejected the former president’s demand to step aside, denying defense claims that he’s biased against the Republican front-runner because he’s given cash to Democrats and his daughter is a party consultant. New York Judge Juan Manuel Merchan acknowledged in a ruling late Friday that he made several small donations to Democratic causes during the 2020 campaign, including $15 to Trump’s Democratic rival Joe Biden, but said he is certain of his ‘ability to be fair and impartial.’” [Associated Press, 8/14/23]
October 19, 2023: Deadline For Prosecutors To Respond To Defense Motions. According to the New York Times, “The defense will file any motions — including a motion to dismiss the case — by Aug. 29, with prosecutors responding by Oct. 10.” [New York Times, 5/23/23]
January 4, 2024: Judge Merchan Expected To Rule On All Motions. According to the New York Times, “The judge will rule on the motions on Jan. 4.” [New York Times, 5/23/23]
January 4, 2024: Next Hearing Scheduled. According to CNN, “The next hearing is now scheduled for January 4, 2024.” [CNN, 5/23/23]
February 2024: Judge Merchan To Decide Whether To Move The Trial Date. According to the New York Times, “The judge presiding over the criminal case against Donald J. Trump in Manhattan signaled that he could be open to changing the date of the trial — now set for March 2024 — in light of the handful of other potential trials the former president now faces. But in a letter sent to Mr. Trump’s lawyers, the judge, Juan M. Merchan, said he would wait until February to have that discussion, given Mr. Trump’s ‘rapidly evolving trial schedule.’” [New York Times, 9/11/23]
March 25, 2024: Trial Date In The Stormy Daniels Hush Money Payments Trial Set. According to CNN, “A New York judge has set a trial date of March 25, 2024, for the criminal case against former President Donald Trump, potentially setting up a media spectacle in the middle of the Republican presidential primary season. The trial date was set during a brief hearing Tuesday in which Judge Juan Merchan read Trump an order on what he can and cannot say publicly about the case and evidence his legal team will get from prosecutors to prepare for trial.” [CNN, 5/23/23]
February 10, 2021: Fulton County District Attorney Willis Opened A Criminal Investigation Into Efforts By Trump To Overturn The Results Of The 2020 Presidential Election In Georgia. According to the New York Times, “Prosecutors in Georgia have started a criminal investigation into former President Donald J. Trump’s attempts to overturn Georgia’s election results, including a phone call he made to Secretary of State Brad Raffensperger in which Mr. Trump pressured him to ‘find’ enough votes to help him reverse his loss. On Wednesday, Fani T. Willis, the recently elected Democratic prosecutor in Fulton County, sent a letter to numerous officials in state government, including Mr. Raffensperger, requesting that they preserve documents related to ‘an investigation into attempts to influence’ the state’s 2020 presidential election. Of particular note in Ms. Willis’s letter was the wider scope of the investigation. Potential violations of state law include ‘the solicitation of election fraud, the making of false statements to state and local governmental bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration,’ the letter states.” [New York Times, 2/10/21]
January 24, 2022: Fulton County Judges Approved Willis’ Request For A Special Grand Jury. According to the Atlanta Journal-Constitution, “The judges on Fulton County’s Superior Court bench on Monday cleared the way for a special grand jury to be used for District Attorney Fani Willis’ investigation of former President Donald Trump and his efforts to overturn Georgia’s 2020 election results. Chief Judge Christopher S. Brasher wrote that a majority of the judges had agreed to the request issued by Willis’ office late last week.” [Atlanta Journal-Constitution, 1/24/22]
May 2022: The Special Grand Jury Issued The First Round Of Subpoenas To Georgia Election Officials, Including Raffensperger. According to WXIA, “Willis has run into a similar issue with certain witnesses telling her office that they would only testify if sent a subpoena. Subpoenas for the case 11Alive received through an open records request show from the Georgia Secretary of State's Office that several staff members have been requested to testify before the jury. The list includes Secretary of State Brad Raffensperger, Chief Operating Officer Gabriel Sterling, General Counsel Ryan Germany, former Head of Elections Division Chris Harvey, former Chief Investigator Frances Watson, and former executive assistant Victoria Thompson.” [WXIA, 5/31/22]
January 9, 2023: Fulton County Special Grand Jury Completed Its Work And The Judge Overseeing It Ordered It Dissolved. According to a tweet from Sam Gringlas, “The Fulton County special grand jury has completed its work and the judge has ordered it dissolved. The special grand jury has been investigating efforts by former President Trump and his allies to interfere with Georgia's 2020 election result. #gapol” [Twitter – Gringlas, 1/9/23]
February 16, 2023: Judge McBurney Released Excerpts From The Fulton County Grand Jury Report. According to Bloomberg, “Excerpts were released from the final report of a Georgia grand jury investigating 2020 election interference by former President Donald Trump and allies. The introduction, the conclusion, and a section expressing concern that witnesses may have lied under oath were released under an order from Fulton County Superior Court Judge Robert McBurney. But details about who the grand jurors said should — or should not — face charges will remain sealed, at least for now, to protect their right to due process, the judge said.” [Bloomberg, 2/16/23]
February 21, 2023: Fulton County Grand Jury Foreperson Kohrs Said The Jury Recommended Over A Dozen Indictments. According to NBC News, “The Georgia grand jury that investigated possible interference in the 2020 election by Donald Trump and his allies recommended indicting over a dozen people, the jury foreperson said Tuesday — a list she said ‘might’ include the former president. ‘There are certainly names that you will recognize, yes. There are names also you might not recognize,’ Emily Kohrs said in an interview that aired on NBC News’ ‘Nightly News.’” [NBC News, 2/21/23]
March 6, 2023: The Georgia House Passed A Measure To Create A New State Board To Punish Or Remove District Attorneys. According to the Atlanta Journal-Constitution, “The Georgia House approved a measure to create a new state board that could punish or oust district attorneys, the latest step in an ongoing campaign by Republicans to exert oversight over prosecutors they see as skirting their duties. The measure passed the House 98-75 on Monday over the objections of Democrats and prominent prosecutors. Among them is Fulton County District Attorney Fani Willis, who is leading an ongoing probe of Donald Trump and has framed the proposals as racist and reactionary.” [Atlanta Journal-Constitution, 3/6/23]
March 15, 2023: Five Grand Jury Members Gave Interviews Detailing Parts Of The Investigation Into Trump. According to the Atlanta Journal-Constitution, “In an exclusive interview with The Atlanta Journal-Constitution, five of the 23 special grand jurors recounted what it was like to be a pivotal — but anonymous — part of one of the most momentous criminal investigations in U.S. history; one which could lead to indictments of former President Donald Trump and his allies.” [Atlanta Journal-Constitution, 3/15/23]
May 1, 2023: Ray Smith III, Who Represented Trump In His Attempt To Reverse Trump’s Loss In Georgia, May Be A Target Of The Fulton County DA’s Investigation. According to Politico, “Ray Smith III, a lawyer who represented President Donald Trump in litigation aimed at reversing Georgia’s 2020 election results, has indicated he may be a target of Atlanta-area District Attorney Fani Willis’ criminal probe. Smith’s attorney, Bruce Morris, characterized Smith as ‘something between a target and witness’ in Willis’ nearly completed investigation, according to documents filed Wednesday in a federal civil lawsuit in Washington D.C. That characterization was revealed by lawyers for the plaintiffs in the lawsuit — two former Georgia election workers who are suing Rudy Giuliani for defamation.” [Politico, 5/17/23]
May 2023: The Fulton County Investigation Broadened To Include Activities Outside Of Georgia. According to the Washington Post, “An Atlanta-area investigation of alleged election interference by former president Donald Trump and his allies has broadened to include activities in Washington, D.C., and several other states, according to two people with knowledge of the probe — a fresh sign that prosecutors may be building a sprawling case under Georgia’s racketeering laws.” [Washington Post, 6/2/23]
Fulton County DA Willis Sought Information On the Hiring By The Trump Campaign Of Two Firms To Find Voter Fraud. According to the Washington Post, “In recent days, Willis has sought information related to the Trump campaign hiring two firms to find voter fraud across the United States and then burying their findings when they did not find it, allegations that reach beyond Georgia’s borders, said the two individuals, who spoke on the condition of anonymity to speak candidly about the investigation. At least one of the firms has been subpoenaed by Fulton County investigators.” [Washington Post, 6/2/23]
Willis Asked Simpatico Software Systems And Berkeley Research Group About States Where Trump Contested The Results. According to the Washington Post, “Among Willis’s latest areas of scrutiny is the Trump campaign’s expenditure of more than $1 million on two firms to study whether electoral fraud occurred in the 2020 election, the two individuals said. The Post first reported earlier this year that the work was carried out in the final weeks of 2020, and the campaign never released the findings because the firms, Simpatico Software Systems and Berkeley Research Group, disputed many of Trump’s theories and could not offer any proof that he was the rightful winner of the election. In recent days, Willis’s office has asked both firms for information — not only about Georgia, but about other states as well. Trump contested the 2020 election result in Georgia, Arizona, Michigan, Nevada, Pennsylvania and Wisconsin.” [Washington Post, 6/2/23]
July 11, 2023: A Grand Jury Was Selected That Was Expected To Decide Whether To Indict Trump For Trying To Overturn The 2020 Presidential Election In Georgia. According to the Atlanta Journal-Constitution, “Fulton County court officials selected two grand juries Tuesday, one of which is expected to decide whether to hand up an indictment against former President Donald Trump and other well-known political and legal figures for alleged criminal interference in the 2020 presidential election. Superior Court Judge Robert McBurney presided over the hours-long process, addressing a diverse group of about 100 potential jurors sitting in red chairs in a drab but expansive jury assembly room. Among them were a teacher, a former firefighter, an investigator and an illustrator. After instructing news reporters not to photograph the potential jurors, McBurney said the two 23-member panels would meet for two months in secret and would be expected to decide whether to approve criminal charges in hundreds of cases. It is unclear which one will consider the case focusing on Trump and his allies.” [Atlanta Journal-Constitution, 7/11/23]
July 24, 2023: In A Filing To The Georgia Court Of Appeals, The Fulton County DA’s Office Opposed Releasing The Special Grand Jury Report “At Least Until Final Charging Decisions Have Been Made.” According to the Atlanta Journal-Constitution, “Fulton County prosecutors are asking the public to wait a little longer to review the final report issued by a special grand jury that investigated interference in Georgia’s 2020 election. With just weeks until Fulton District Attorney Fani Willis is expected to seek indictments against former President Donald Trump and others, her office asked the Georgia Court of Appeals on Monday to block release of the report ‘at least until final charging decisions have been made.’ In their report, the grand jurors recommended multiple people be criminally charged, several members previously told The Atlanta Journal-Constitution.” [Atlanta Journal-Constitution, 7/25/23]
July 31, 2023: The Fulton County Grand Jury Subpoenaed Journalist George Chidi. According to the Atlanta Journal-Constitution, “An independent journalist who stumbled upon the December 2020 meeting of ‘alternate’ GOP electors at the Georgia Capitol was subpoenaed to be a witness before two Fulton County grand juries, one of which is expected to decide in the weeks ahead whether to indict former President Donald Trump and others.” [Atlanta Journal-Constitution, 8/1/23]
The Fulton County Grand Jury Subpoenaed Jen Jordan And Bee Nguyen According to WXIA, “Two prominent Georgia Democrats are the latest figure to confirm receiving a subpoena in Fulton County's Trump investigation grand jury proceedings. Jen Jordan, a former state senator and the Democratic Party nominee for attorney general last year, told 11Alive she'd been subpoenaed.to testify before the grand jury in Atlanta. Bee Nguyen, another former state representative who challenged Brad Raffensperger in the race for secretary of state, also confirmed she has received a subpoena.” [WXIA, 8/1/23]
August 7, 2023: Former Lt. Governor Geoff Duncan Was Subpoenaed By The Grand Jury. According to the Messenger, “Georgia’s former Republican Lieutenant Gov. Geoff Duncan received a subpoena Monday to testify before a Fulton County grand jury this month. CNN was the first to report the news on X, the platform formerly known as Twitter. Now a CNN commentator, Duncan was among the most prominent Republicans to openly contradict former President Donald Trump’s false claims regarding fraud in the 2020 election.” [Messenger, 8/7/23]
March 20, 2023: Trump Lawyers Asked Judge To Toss Final Report Of Special Grand Jury. According to CNN, “Attorneys for former President Donald Trump have asked for a judge to toss the final report and evidence from a special grand jury in Georgia that spent months investigating efforts by Trump and his allies to overturn the 2020 election.” [CNN, 3/20/23]
Trump Lawyers Asked Judge To Disqualify Fulton County DA’s Office From Overseeing Investigation. According to CNN, “Trump’s attorneys also are asking that a judge disqualify the Fulton County District Attorney’s office from overseeing the investigation, according to a new court filing.” [CNN, 3/20/23]
Trump Lawyers Alleged Process Was Unconstitutional And That The Fulton County DA’s Office Violated Prosecutorial Standards. According to CNN, “‘President Donald J. Trump hereby moves to quash the SPGJ’s [special purpose grand jury’s] report and preclude the use of any evidence derived therefrom, as it was conducted under an unconstitutional statute, through an illegal and unconstitutional process, and by a disqualified District Attorney’s Office who violated prosecutorial standards and acted with disregard for the gravity of the circumstances and the constitutional rights of those involved,” Trump’s attorneys wrote in the filing.” [CNN, 3/20/23]
April 28, 2023: Alternative Elector Cathy Latham Joined Trump’s Lawsuit To Try To Bury The Special Grand Jury Report. According to WXIA, “One of the ‘fake’ electors for former President Donald Trump is working to stop Atlanta prosecutors from proceeding with their investigation into alleged criminal interference in Georgia's 2020 presidential election. An attorney for Cathy Latham, the former chair of the Coffee County Republican Party, filed a motion Friday joining Trump's efforts to bury a special purpose grand jury report that recommends more than a dozen people be indicted for their actions. Both Latham and Trump want Fulton County District Attorney Fani Willis and her office barred from any further investigation or prosecutions related to the election. The pair also argue evidence uncovered by the special purpose grand jury was ‘unconstitutionally derived’ and no prosecutor should be able to use it. Latham, a retired school teacher, was one of 16 Republicans who cast Electoral College ballots falsely claiming Trump won the 2020 presidential election.” [WXIA, 4/28/23]
May 15, 2023: Fulton County DA Fani Willis Opposed Trump’s Motion To Block The Release Of The Special Grand Jury Report, Saying It Was “Procedurally Flawed And Advance Arguments That Lack Merit.” According to WSB, “Fulton County District Attorney Fani Willis has filed her response to former President Donald Trump’s legal team’s request to block the release of a special grand jury report and have Willis removed from the case. In March, Trump’s legal team filed the motion, which was 483 pages long, saying the former president didn’t think the special purpose grand jury, the district attorney, or the judge overseeing it were fair. In her response Monday, Willis said the motions should be dismissed because they ‘are procedurally flawed and advance arguments that lack merit.’” [WSB, 5/15/23]
May 19, 2023: Judge McBurney Rejected Trump’s Request To Respond To A Filing From Fulton County DA Fani Willis. According to the Valdosta Daily Times, “A Georgia judge said late last week he has heard enough in the ongoing dispute between former president Donald J. Trump and Fulton County District Attorney Fani Willis. Fulton County Superior Court Judge Robert McBurney denied a request from Trump who now wants to respond to the most recent court filing by Willis, who is investigating the former president and his allies for alleged interference in Georgia’s 2020 election. […] McBurney denied that request in a May 19 order. ‘To date, the Court has received well over five hundred pages of briefing, argument, and exhibits on the issues raised by former President Trump and Ms. Latham. There will be no more briefing unless it is solicited, in writing, by the Court,’ McBurney stated.” [Valdosta Daily Times, 5/22/23]
May 24, 2023: Trump Asked Judge McBurney To Reconsider His Rejection Of Trump’s Request To Respond To A Filing From The Fulton County DA’s Office. According to the Atlanta Journal-Constitution, “Lawyers for former President Donald Trump on Wednesday asked a Fulton County judge to reconsider his decision to deny their request to respond to a District Attorney’s Office filing in the ongoing investigation into possible criminal meddling with the 2020 election. In March, Trump’s legal team filed a motion to disqualify the DA’s office from the case and to quash the final report of and evidence obtained by a special purpose grand jury that investigated the issue. A lawyer for alternate GOP elector Cathy Latham, who is a target of the probe, later filed a motion to join Trump’s motion. Because of Latham’s filing, Superior Court Judge Robert McBurney gave the DA’s office an additional two weeks to respond. After the DA’s May 1 response, which said Trump’s motion should be denied, Trump’s lawyers asked McBurney to give them a chance to respond.” [Atlanta Journal-Constitution, 5/24/23]
July 14, 2023: Trump Sought A Court Order To Throw Out Evidence Collected By The Special Grand Jury And To Disqualify District Attorney Willis. According to CNN, “Donald Trump is seeking a new court order to essentially neutralize the Fulton County investigation into the former president’s conduct after he lost the 2020 election, as potential indictments loom in Georgia. Trump’s lawyers filed petitions this week attempting to throw out the evidence collected last year by a special grand jury, banning prosecutors from presenting that material to a newly empaneled grand jury that has charging powers, and disqualifying District Attorney Fani Willis from any related proceedings.” [CNN, 7/14/23]
July 17, 2023: The Georgia Supreme Court Issued A Unanimous Decision Against Trump’s Attempt To Shut Down The Fulton County Investigation. According to Politico, “Georgia’s highest court has unanimously rebuffed a last-ditch bid by former President Donald Trump to try to head off a potential indictment for tampering with the results of the 2020 presidential election in that state. In a five-page decision issued Monday afternoon, all nine justices of the Georgia Supreme Court said Trump’s lawyers had failed to make a persuasive case for shutting down the inquiry led by Fulton County District Attorney Fani Willis. She has signaled that indictments are possible in the election-related probe in the next few weeks as a grand jury convenes to consider possible charges.” [Politico, 7/17/23]
July 20, 2023: Trump Filed Another Motion To Disqualify Fulton County DA Willis From The 2020 Election Investigation. According to the Atlanta Journal-Constitution, “Former President Donald Trump renewed his attempt to disqualify Fulton County’s district attorney from overseeing the 2020 election investigation just weeks before she’s expected to seek state charges against him. In a court motion filed Thursday, Trump’s lawyers claimed DA Fani Willis has a conflict of interest and should be removed from the case because she is using the probe as a way to attract campaign donations. ‘She is fundraising for her reelection campaign on the back of this case,’ they argued.” [Atlanta Journal-Constitution, 7/21/23]
July 20, 2023: A Trump Motion For Relief In Fulton County Superior Court Was Moved To Georgia’s 7th Judicial District After Chief Judge Glanville Recused All Of Fulton County’s Judges. According to the Atlanta Journal-Constitution, “Trump’s attorneys then sought relief in Fulton County Superior Court and it was assigned to Superior Court Judge Shukura Ingram. But in an order issued Thursday, Chief Judge Ural Glanville recused all of Fulton’s judges. His order also included a footnote that was dismissive of Trump’s bid to disqualify Willis and bar her from using evidence obtained by the special grand jury. Glanville said a judge from Georgia’s 7th Judicial Circuit, which encompasses 14 counties across the northwestern part of the state, will be assigned to hear Trump’s motion.” [Atlanta Journal-Constitution, 7/21/23]
July 31, 2023: Trump’s Request To Suppress The Evidence Gathered By The Special Grand Jury Was Rejected. According to Bloomberg, “A state judge in Georgia rejected former President Donald Trump’s demands that he suppress all evidence gathered last year by a special purpose grand jury in Atlanta and expunge its report on the 2020 election.” [Bloomberg, 7/31/23]
July 31, 2023: Judge McBurney Rejected Trump’s Request To Disqualify DA Willis. According to Bloomberg, “In a nine-page ruling on Monday, Fulton County Superior Court Judge Robert McBurney also said he won’t disqualify Fani Willis, the county district attorney, from the investigation.” [Bloomberg, 7/31/23]
August 4, 2023: Trump Dropped Second Lawsuit Attempting To Disqualify DA Willis. According to Reuters, “Lawyers for Donald Trump have dropped a second longshot bid to disqualify the Georgia prosecutor investigating whether the former president illegally interfered with the state's 2020 presidential election. The pending motion, which was to be heard next week, was rendered unnecessary because of a judge's ruling on Monday in an earlier, similar motion by Trump's team, the lawyers said in a filing on Thursday in Fulton County Superior Court.” [Reuters, 8/4/23]
April 18, 2023: The DA’s Office Sought To Disqualify Kimberly Debrow, The Attorney For 10 Of The Electors, For Failing To Inform Her Clients About Potential Immunity Deals. According to the Atlanta Journal-Constitution, “The DA’s office filed the motion in an attempt to disqualify from the case attorney Kimberly Burroughs Debrow, who is representing 10 of the electors. In the explosive motion, prosecutors allege that Debrow failed to inform her clients about the potential immunity deals after they were offered last summer.” [Atlanta Journal-Constitution, 4/18/23]
Electors Told Prosecutors They Were Never Presented Immunity Offers. According to the Atlanta Journal-Constitution, “Prosecutors said they had been told by Debrow and her then-co-counsel, Holly Pierson, on Aug. 5, 2022, that none of their clients were interested in immunity. But during interviews with the electors last week, some electors ‘told members of the investigation team that no potential offer of immunity was ever brought to them in 2022, which is in direct conflict with ... Ms. Pierson’s representation to this court,’ prosecutors alleged.” [Atlanta Journal-Constitution, 4/18/23]
Interviews With The Alternate Electors Were Conducted On April 12 And 14, 2023. According to Politico, “In a court filing Tuesday, Fulton County District Attorney Fani Willis noted that her office conducted those interviews on April 12 and April 14, suggesting an active and ongoing investigation. Willis disclosed in the filing that more than one of the false electors had described potential violations of Georgia state law by another one.” [Politico, 4/18/23]
Co-Counsel Pierson Said The Allegations From The DA Were “Entirely False.” According to the Atlanta Journal-Constitution, “In a written statement, Pierson called the DA’s allegations ‘entirely false.’ ‘Sadly, the DA’s office continues to seem more interested in media attention, trampling on the constitutional rights of innocent citizens, and recklessly defaming its perceived opponents than in the facts, the law, or the truth,’ Pierson said.” [Atlanta Journal-Constitution, 4/18/23]
May 10, 2023: Fulton County DA Fani Willis Dropped Her Motion To Disqualify Kimberly Bourroughs Debrow From Representing Alternate Electors After Two Of Debrow’s Clients Hired New Lawyers. According to the Atlanta Journal-Constitution, “Fulton County District Attorney Fani Willis on Wednesday backed off a push to disqualify the attorney jointly representing eight Georgia Republicans who served as ‘alternate’ presidential electors for Donald Trump in 2020. In a new court filing, Willis indicated she was dropping a complaint she’d lodged against Kimberly Bourroughs Debrow last month. She said her concerns were effectively addressed after two of Debrow’s previous clients, who had not been offered immunity deals by prosecutors, hired new lawyers.” [Atlanta Journal-Constitution, 5/10/23]
April 2023: Fulton County DA’s Office Offered Immunity Deals To Some Alternate Republican Electors Who Cast Illegitimate Electoral College Votes For Trump. According to the Atlanta Journal-Constitution, “The Fulton County District Attorney’s office has offered immunity deals to some of the alternate GOP electors who met at the Georgia Capitol and cast phony Electoral College votes for Donald Trump following the 2020 election.” [Atlanta Journal-Constitution, 4/18/23]
Court Filing By The DA’s Office Disclosed That Several Alternate Republican Electors Accused Another Alternate Elector Of “Violations Of Georgia Law.” According to the Atlanta Journal-Constitution, “The Fulton County District Attorney’s office has offered immunity deals to some of the alternate GOP electors who met at the Georgia Capitol and cast phony Electoral College votes for Donald Trump following the 2020 election. In a court motion filed Tuesday, the DA’s office also disclosed that it has been interviewing several of those Republicans in recent weeks, and that some of them accused a fellow elector of committing ‘acts that are violations of Georgia law,’ the motion stated, without revealing specifics.” [Atlanta Journal-Constitution, 4/18/23]
May 5, 2023: At Least Eight Alternate Electors Accepted Immunity Deals With The Fulton County District Attorney’s Office. According to the Atlanta Journal-Constitution, “At least eight of the Georgia Republicans who served as ‘alternate’ presidential electors in 2020 have accepted immunity deals with the Fulton County District Attorney’s office in exchange for their testimony, according to the lawyer representing the group.” [Atlanta Journal-Constitution, 5/5/23]
May 2023: Lawyers Representing Georgia Republican Party Chair David Shafer Said He Should Not Be Charged In The Attempt To Overturn The 2020 Election Because He Was Just Following Advice Provided By Trump’s Attorneys. According to CNN, “Lawyers representing David Shafer, the embattled chairman of the Georgia Republican Party, are arguing their client should not be charged with any crimes for his actions following the 2020 election because he was following advice provided by attorneys working for former President Donald Trump, according to a letter sent to Fulton County District Attorney Fani Willis last week. Specifically, Shafer’s attorneys say their client was relying on ‘repeated and detailed advice of legal counsel’ when he organized a group of ‘contingent’ electors from Georgia and served as one himself, thus ‘eliminating any possibility of criminal intent or liability,’ according to a copy of the May 5 letter.” [CNN, 5/8/23]
August 22, 2023: Trump Co-Defendant And Former Georgia GOP Party Chair Shafer Filed Documents In A Petition That Said Georgia’s Fake Electors Acted At The Direction Of Trump. According to Politico, “Former Georgia Republican Party Chair David Shafer said attorneys for former President Donald Trump, his campaign and the local GOP were responsible for urging him to assemble a slate of false presidential electors that are now at the heart of a sprawling racketeering case. Shafer is among the 18 defendants indicted in Fulton County, Georgia, alongside Trump as part of a conspiracy to subvert the 2020 election. ‘Mr. Shafer and the other Republican Electors in the 2020 election acted at the direction of the incumbent President and other federal officials,’ Shafer’s attorney wrote in a petition seeking to move the Fulton County case to federal court.” [Politico, 8/22/23]
Shafer Released Documents Showing The Trump Campaign’s Involvement In Assembling The Fake Electors. According to Politico, “To bolster his proposition, Shafer provided new documents that underscore the Trump campaign’s close involvement in efforts to assemble a group of pro-Trump activists on Dec. 14, 2020 to sign documents claiming to be Georgia’s legitimate presidential electors. Those false electors were later used by Trump allies to attempt to foment a conflict on Jan. 6, 2021 and derail the transfer of power to President Joe Biden.” [Politico, 8/22/23]
August 24, 2023: Trump Co-Defendant Shawn Still Said He Signed False Papers Claiming To Be A Legitimate Presidential Elector At Trump’s Direction. According to Politico, “Shawn Still, a Georgia Republican charged alongside former President Donald Trump in a racketeering conspiracy to subvert the 2020 election, says he signed false papers claiming to be a legitimate presidential elector at Trump’s direction. ‘Mr. Still, as a presidential elector, was also acting at the direction of the incumbent president of the United States,’ his attorney Thomas Bever argued Thursday in a court filing seeking to transfer the case against him to federal court. ‘The president’s attorneys instructed Mr. Still and the other contingent electors that they had to meet and cast their ballots on Dec. 14, 2020.’” [Politico, 8/24/23]
Still Made The Claim In A Filing To Move His Case To Federal Court. According to Politico, “Still’s argument is part of an effort to pluck his case out of the state courts and instead have his legal fate decided by a federal judge in the Northern District of Georgia. He contends that because Trump effectively instructed him to cast the ballot — based in part on legal advice from campaign and party lawyers — he was acting with the imprimatur of the federal government. That entitles him to immunity from state prosecution under the Constitution’s Supremacy Clause, he says.” [Politico, 8/24/23]
August 25, 2023: Trump Co-Defendant Powell Requested A Speedy Trial. According to the Atlanta Journal-Constitution, “Former Trump campaign attorney Sidney Powell on Friday became the second defendant to demand a speedy trial. Under Georgia law, a speedy trial demand means a case has to be tried by the end of two terms of court. In Fulton County that effectively means a trial must begin before early November.” [Atlanta Journal-Constitution, 8/27/23]
August 30, 2023: Trump Opposed DA Willis’ Request To Try All 19 Co-Defendants Together In October. According to ABC News, “Former President Donald Trump's attorney filed a motion Wednesday opposing Fulton County District Attorney Fani Willis' new request to try all 19 defendants in her Georgia election interference case together. The Trump filing urged the judge to stick with his earlier ruling that only Kenneth Chesebro -- who filed a speedy trial motion asking for an expediated trial -- stand trial on Oct. 23.” [ABC News, 8/30/23]
August 30, 2023: Trump Co-Defendants Chesebro And Powell Moved To Sever Their Cases From The Other Defendants. According to WAGA, “By Wednesday afternoon, Chesebro and co-defendant Sidney Powell had filed motions to sever their cases. Chesebro also filed a motion Wednesday to disclose unindicted co-conspirators known to the grand jury.” [WAGA, 8/30/23]
August 30, 2023: Trump Co-Defendant Chesebro Asked For The Identities Of The 30 Unindicted Co-Conspirators. According to CNN, “Additionally on Wednesday, Chesebro’s attorneys asked the judge to force Willis to ‘disclose’ the identities of the 30 unindicted co-conspirators named in the indictment. Chesebro, who was the architect of the Trump campaign’s fake electors plot, said he needs these names to help his defense.” [CNN, 8/30/23]
September 6, 2023: Fake Electors Cheeley And Still, As Well As Former Assistant Attorney General Clark, Asked To Sever Their Cases From Powell And Chesebro. According to CNN, “In addition, three more defendants – Robert Cheeley, Jeffrey Clark and Shawn Still – asked the judge Wednesday to sever their cases from Chesebro and Powell.” [CNN, 9/6/23]
The Special Grand Jury Recommended Changes Against More Than Three Dozen People In The Election Interference Investigation. According to the Atlanta Journal-Constitution, “Members of the Fulton County a special purpose grand jury that investigated interference in Georgia’s 2020 presidential election recommended that former President Donald Trump and more than three dozen allies be indicted for alleged crimes, more than double the number who were ultimately charged.” [Atlanta Journal-Constitution, 9/8/23]
The Special Grand Jury Recommended Chagres Against U.S. Senator Lindsey Graham, Former Senators David Perdue And Kelly Loeffler, And Former National Security Advisor Michael Flynn. According to the Atlanta Journal-Constitution, “The recommendations — which included U.S. Sen. Lindsey Graham, ex-Trump National Security Advisor Michael Flynn and former Georgia U.S. Sens. David Perdue and Kelly Loeffler — were contained in the panel’s final report, which was released in full on Friday. The 28-page document was finalized in January but most of its contents were quickly sealed by a judge at the request of Fulton District Attorney Fani Willis.” [Atlanta Journal-Constitution, 9/8/23]
The Special Grand Jury Recommended Chagres Against Trump Lawyer Boris Epshteyn. According to the New York Times, “In its final report, which a judge unsealed on Friday, the panel also recommended charges against Boris Epshteyn, one of former President Donald J. Trump’s main lawyers, as well as a number of other Trump-aligned lawyers, including Cleta Mitchell and L. Lin Wood.” [New York Times, 9/8/23]
The Special Grand Jury Recommended Charges Against Cleta Mitchell And Lin Wood. According to the Atlanta Journal-Constitution, “Other names included in the report but not in the indictment were Flynn, Republican activist and former congresswoman Cleta Mitchell and retired libel attorney Lin Wood.” [Atlanta Journal-Constitution, 9/8/23]
The Special Grand Jury Recommended Charges Against Lieutenant Governor Burt Jones And Former State Senator William Ligon. According to the Atlanta Journal-Constitution, “The grand jury also recommended criminal indictments for former state Sen. William Ligon and Lt. Gov. Burt Jones, though neither has been charged with crimes.” [Atlanta Journal-Constitution, 9/8/23]
April 25, 2022: Judge Engoron Held Trump In Contempt Of Court For Failing To Turn Over Records In New York Civil Probe Into His Business Practices. According to the Washington Post, “Donald Trump was held in contempt of court on Monday for failing to turn over records being sought as part of a civil probe into his business practices — a striking public admonishment of the former president, who remains dominant in the Republican Party and has signaled he will again seek the White House in 2024. Lawyers from the office of New York Attorney General Letitia James (D) did not seek to jail Trump, but asked New York Supreme Court Justice Arthur Engoron to penalize him financially for failing to comply with an order to produce the documents by March 31. Engoron agreed to fine Trump $10,000 for each day the failure to comply continues.” [Washington Post, 4/25/22]
September 21, 2022: The New York Attorney General James Filed A Civil Lawsuit Against Trump, Three Of His Children, And His Business Empire For Fraud. According to Politico, “New York Attorney General Letitia James has filed suit against former President Donald Trump, three of his adult children and his business empire, accusing them of large-scale fraudulent financial practices and seeking to bar them from real estate transactions for the next five years. The attorney general’s civil suit alleges more than a decade of deception, including billions of dollars in falsified net worth, as part of an effort by Trump to minimize his companies’ tax bills while winning favorable terms from banks and insurance companies.” [Politico, 9/23/22]
The Suit Sought $250 Million In Damages, A Five-Year Ban On Participating In Real Estate Transactions, And A Permanent Ban On Serving On The Board Of Any New York Business. According to Politico, “It seeks about $250 million in allegedly illegal profits netted from the scheme, as well as a five-year ban on the former president, Donald Trump Jr., Ivanka Trump and Eric Trump participating in any real estate transactions–a restriction that would spell the end of the Trump real estate empire. In addition, it seeks a permanent ban on the former president and his family members involved in his business enterprises from serving as directors or officers of any New York corporation or business licensed in the state.” [Politico, 9/23/22]
Attorney General James Also Made Criminal Referrals To The IRS And Federal Prosecutors In Manhattan. According to Politico, “James’ suit relies on a special statute for repeat instances of alleged violations of the law, stemming from real estate transactions. She is also filing a criminal referral to federal prosecutors in Manhattan and a separate tax fraud referral to the IRS for the same underlying allegations.” [Politico, 9/23/22]
September 21, 2022: Trump Organization II Was Registered The Same Day The Lawsuit Was Filed. According to Business Insider, “With his business empire, the Trump Organization, in civil and criminal jeopardy in New York, Donald Trump has come up with an apparent solution that has angered state officials: He has formed the Trump Organization II. The new company was registered with the New York Department of State on September 21, public records show — the very day that the state attorney general, Letitia James, filed a 220-page fraud lawsuit against Trump, his family, and the original Trump Organization, the umbrella company for the former president's real-estate and golf-resort holdings.” [Business Insider, 10/13/22]
November 2, 2022: Trump Sued James In Florida State Court. According to The Guardian, “Donald Trump has sued the attorney general of New York state, Letitia James, over what he claims is a ‘relentless, pernicious, public, and unapologetic crusade’ against him, in the shape of her recent civil lawsuit against the former president and three of his adult children, Donald Jr, Ivanka and Eric. Filed on Wednesday in a circuit court in Florida, the lawsuit says James’s suit, which she announced in a dramatic press conference in September, will cause ‘great harm’ to the company, brand and reputation of the thrice-married, oft-sued, twice-impeached and extensively legally imperiled former president.” [The Guardian, 11/3/22]
November 3, 2022: Judge Granted New York Attorney General’s Request To Place An Independent Monitor Over The Trump Organization. According to Politico, “A judge Thursday granted the New York attorney general’s request that former President Donald Trump’s business empire be overseen by an independent monitor. New York Supreme Court Justice Arthur Engoron issued an order after a daylong hearing, requiring that the Trump Organization’s dealings with banks and sale of major assets be subject to supervision by a third-party expert to be named by the court. One provision in the order requires 14-days notice to the court before Trump can dispose of any ‘non-cash asset’ listed in a financial statement his firm prepared last year.” [Politico, 11/3/22]
November 17, 2022: Trump’s Lawsuit Against James Moved To Federal Court. According to Newsweek, “Former President Donald Trump has been dealt another tough hand that could mar his chances of winning a lawsuit against one of his biggest rivals, New York Attorney General Letitia James. Two weeks ago, Trump's attorneys filed suit in Florida state court, seeking to block James' own civil case in New York against the former president and the Trump Organization. But this week, the case was moved to Florida's federal courts at James' request and the suit fell before Judge Donald Middlebrooks—a Clinton-appointed judge who just fined Trump's lawyers in a different suit days ago.” [Newsweek, 11/17/22]
January 31, 2023: Portions Of Trump’s August 10 Video Deposition With The New York Attorney General’s Office Were Released. According to CBS News, “Newly released video obtained by CBS News provides the first look at former President Donald Trump's deposition last summer in the New York attorney general's civil fraud investigation. Trump sat for questioning under oath on Aug. 10, and the video shows him politely answering the opening questions from state Attorney General Letitia James.” [CBS News, 1/31/23]
Trump Invoked The 5th Amendment Over 400 Times. According to CBS News, “Trump did so more than 400 times during the course of the full interview, according to a New York attorney general court filing. After the deposition concluded, Trump issued a public statement saying that he had exercised his Fifth Amendment right and refused to answer.” [CBS News, 1/31/23]
November 9, 2022: A New York Appellate Court Rejected Trump’s Request To Stay Ruling Requiring An Independent Monitor To Oversee The Trump Organization, But Would Reconsider The Request At A Later Date. According to ABC News, “A New York appellate court has declined, at least for now, to stay a judge's order appointing an independent monitor to oversee former President Donald Trump's family real estate firm. Trump and the New York Attorney General's office were supposed to begin submitting candidates for the monitor job this week.The decision, issued Wednesday, said the Appellate Division's First Department would reconsider the matter at a later time.” [ABC News, 11/9/22]
November 14, 2022: Retired Judge Jones Named As Independent Monitor. According to CNBC, “A New York court Monday appointed retired Judge Barbara Jones to oversee some of the Trump Organization’s financial statements as part of a lawsuit alleging widespread fraud by former President Donald Trump, his businesses and his family members. Both Trump and New York Attorney General Letitia James, who filed the sweeping fraud suit in September, had recommended Jones as their top pick to serve as independent monitor in the case.” [CNBC, 11/14/22]
December 21, 2022: Federal Judge Rejected Trump’s Attempt To Block The New York Attorney General From Seeking Materials From Trump’s Trust. According to CNN, “A federal judge in Florida on Wednesday denied former President Donald Trump’s request to block the New York attorney general’s office from seeking materials from his private trust. Judge Donald Middlebrooks ruled that the attorney general’s office ‘raises four reasons – all of which are likely correct – why Plaintiff has no substantial likelihood of success on the merits.’ Among them, the judge said it is not obvious that Florida’s trust laws were ‘intended to reach government officials lawfully bringing enforcement actions for alleged fraud.’” [CNN, 12/21/22]
January 6, 2023: Trump’s Motion To Throw Out Civil Suit Against Him From New York’s Attorney General Was Denied By A New York Judge. According to the New York Times, “A New York judge declined on Friday to throw out the state attorney general’s civil fraud case against former President Donald J. Trump, increasing the likelihood that he will face a trial this fall. In a sharply worded order, the judge, Justice Arthur F. Engoron of State Supreme Court in Manhattan, denied Mr. Trump’s motion to dismiss the case, granting the attorney general, Letitia James, another victory in the matter. In September, Ms. James filed a lawsuit accusing Mr. Trump, three of his adult children and their family business of overvaluing his assets by billions of dollars. In his written order, Justice Engoron said that some of the arguments repeatedly made by Mr. Trump’s lawyers were ‘frivolous,’ and had been ‘borderline frivolous even the first time defendants made them.’” [New York Times, 1/6/23]
June 6, 2023: A New York Appeals Court Heard Arguments On Trump’s Motion To Dismiss The Civil Lawsuit Against Him From New York Attorney General Letitia James. According to Reuters, “A New York appeals court on Tuesday signaled it was unlikely to grant Donald Trump's request to dismiss state Attorney General Letitia James' civil lawsuit accusing him, his family business and three of his children of a ‘staggering’ fraud. The Appellate Division in Manhattan was considering Trump's appeal from a January lower court ruling allowing James to sue.” [Reuters, 6/6/23]
January 20, 2023: Trump Withdrew His Florida Lawsuit Against New York Attorney General James. According to the Daily Beast, “On Friday, Trump withdrew his mind-boggling lawsuit in Florida against New York Attorney General Letitia James, a ploy that was widely regarded by legal scholars as a bald-faced delay tactic. The filing, made in Palm Beach County court, was curt—it merely stated that Trump ‘hereby voluntarily dismisses his claims in this action.’ There was no explanation given.” [Daily Beast, 1/20/23]
January 24, 2023: Trump Withdrew A Second Lawsuit Challenging The New York Attorney General’s Investigation Into The Trump Organization. According to CNN, “Former President Donald Trump has withdrawn a second lawsuit challenging the New York attorney general’s investigation into the Trump Organization, days after dropping a case attempting to block access to his personal trust. In a one-page filing, lawyers for Trump and Attorney General Letitia James said they reached an agreement to dismiss the appeal with prejudice, meaning it could not be revived in the future.” [CNN, 1/24/23]
January 25, 2023: Trump Appealed $110,000 Penalty He Was Ordered To Pay For Being In Contempt Of Court For Not Properly Responding To A Subpoena. According to Bloomberg, “A New York state appeals court is weighing former President Donald Trump’s bid to reverse a $110,000 penalty he was ordered to pay last year for being in contempt of court during the state’s probe of his business. A panel of judges in Manhattan on Wednesday began considering written arguments submitted by Trump and New York Attorney General Letitia James, who issued the subpoena that the former president allegedly flouted. Trump argues the penalty is ‘excessive and unjustified.’ Trump was held in contempt in April and fined $10,000 a day by a judge who concluded Trump hadn’t properly responded to a demand for any corporate documents in his personal possession. Trump had said there were no such documents, but the judge ruled he failed to explain the details of his search or provide a sworn affidavit on the result.” [Bloomberg, 1/26/23]
February 14, 2023: A New York Appeals Court Rejected Trump’s Attempt To Void His $110,000 Contempt Of Court Penalty. According to Bloomberg, “A New York appeals court upheld a $110,000 penalty against former President Donald Trump for being in contempt of court during the state’s probe into allegedly fraudulent asset valuations at his company. The judge who issued the fine last year correctly determined that Trump’s response to the state’s subpoena for records in his personal possession had ‘prejudicially violated the lawful, clear mandate of the court,’ an appellate panel ruled Tuesday in Manhattan.” [Bloomberg, 2/14/23]
January 26, 2023: Trump Argued In Court Filing That The Trump Organization Can Not Be Sued Because It Does Not Legally Exist, But Rather Is A Branding Shorthand. According to Business Insider, “Donald Trump, his real-estate company and his three eldest children have filed an extraordinary, nose-thumbing response to the $250 million fraud lawsuit filed by New York Attorney General Letitia James in September, stating that ‘Trump Organization’ is branding shorthand — not a legal entity — so it can't be sued. ‘To the extent a response is required, Defendant specifically denies the definitions of ‘Trump Organization’ and ‘Defendants,’ reads Donald Trump's response to the lawsuit, one of 16 answers filed late Thursday night. ‘While the shorthand ‘Trump Organization’ is utilized by Defendants for branding and business purposes, no entity as such exists for legal purposes,’ Donald Trump's response continues, using language that is repeated throughout his 300-page filing and throughout the similarly-lengthy 15 filings of his fellow defendants.” [Business Insider, 1/27/23]
February 1, 2023: Trump Given Second Opportunity To Answer Lawsuit From The NY AG’s Office. According to the Daily Beast, “After exhausting a New York judge with incessant lying and legal delay games, the Trump family will get a second chance to answer a lawsuit from the New York Attorney General that threatens to bankrupt the real estate empire that bears the ex-president’s name.” [Daily Beast, 2/1/23]
February 23, 2023: Trump Subpoenaed His Longtime Private Banker, And Former Deutsche Bank Managing Director, Rosemary Vrablic As Well As Mazars Partner Donald Bender. According to Bloomberg, “Former President Donald Trump subpoenaed his longtime private banker for documents and testimony in New York Attorney General Letitia James’s suit accusing him and his real estate company of using false asset valuations to dupe banks and insurers. Rosemary Vrablic, a former Deutsche Bank managing director who arranged hundreds of millions of dollars in loans to Trump’s company, was subpoenaed last week, according to a Wednesday court filing by James. Trump also subpoenaed Donald Bender, a partner at his former accounting firm Mazars.” [Bloomberg, 2/23/23]
Michael Cohen Received A Deposition Subpoena From Trump In The New York Civil Fraud Case. According to Business Insider, “With an October trial looming in the New York attorney general's massive, $250 million fraud lawsuit against the former president and his business empire, Trump's side has sent out a flurry of last-minute deposition subpoenas. Subpoenas were served on as many as 10 people who Trump and his co-defendants may want to call at trial, including Donald Bender, the top Mazars USA accountant who for years prepared Trump's personal and corporate taxes. Rosemary Vrablic, Trump's longtime former banker at Deutsche Bank, also got one, according to court papers. Michael Cohen, Trump's lawyer-turned-very-vocal nemesis, got one of these deposition subpoenas from Trump as well. It was dropped off last week at his front desk, he told Insider. ‘After advisement by counsel, I have decided to challenge the subpoena and intend on making a motion to quash,’ he said. ‘The subpoena was improperly served, I am not a party to this action and the subpoena lacks any specificity as to why I am being called as a non-party witness,’ he added. ‘It's just bad lawyering by team Trump.’” [Business Insider, 3/2/23]
March 2, 2023: Trump Asked To Delay The Trial About Six Months, Moving The Trial Into 2024 If Granted. According to the Hill, “Former President Trump on Friday asked for a roughly six-month delay in New York Attorney General Letitia James’s (D) civil fraud suit against him. Trump’s motion, if granted, would likely push his trial back until the heat of the presidential primary season in the early months of 2024. […] Trump’s motion asks to delay a number of pretrial deadlines, each by roughly six months, which would likely push the new trial date deep into the 2024 campaign season.” [The Hill, 3/3/23]
March 2, 2023: Trump Asked For An Extension To The March 20 Deadline To Conduct Depositions. According to Business Insider, “The deadlines are nothing new. They were agreed to by both sides back in November. Lawyers for Trump and for James had until Tuesday to give each other ‘timely notice’ of who they will be deposing and when. And they all have until March 20 to conduct depositions. Trump's side — or more precisely, the legal teams for Donald Trump, Donald Trump, Jr., Ivanka Trump, Eric Trump, and a dozen Trump Organization executives and corporate entities, all named as defendants in James' lawsuit — are now asking for additional time to meet that March 20 deadline. ‘The current schedule imposes significant hardship,’ according to a recent letter filed by lawyer Clifford S. Robert on behalf the lawsuit's 16 Trump defendants.” [Business Insider, 3/2/23]
March 2, 2023: Trump Asked To Delay The Trial In The NYAG’s Civil Fraud Lawsuit Because He Needed More Time To Review Evidence And Gather Testimony. According to Bloomberg, “Donald Trump asked a judge to delay the trial in the New York attorney general’s civil fraud suit over his company’s asset valuations, saying the current Oct. 2 date doesn’t give him enough time to craft a defense. Trump attorney Alina Habba said in a court filing late Thursday that the former president needs more time to gather testimony from expert witnesses and review millions of pages of evidence handed over by New York Attorney General Letitia James. ‘While granting such relief ultimately impacts the trial date, there is simply no demonstrable urgency in getting this case to trial,’ Habba said. The current schedule is ‘extraordinarily expedited and unprecedented,’ she said.” [Bloomberg, 3/3/23]
March 21, 2023: Judge Engoron Rejected Trump’s Attempt To Delay Trial, Calling The October 2 Date “Written In Stone.” According to Reuters, “A New York judge on Tuesday rejected former U.S. President Donald Trump's bid to delay the scheduled Oct. 2 trial in state Attorney General Letitia James' civil fraud lawsuit, calling the date ‘written in stone.’ Justice Arthur Engoron in Supreme Court in Manhattan agreed to requests by Trump and other defendants to push back some deadlines for gathering evidence.” [Reuters, 3/21/23]
Judge Engoron Did Allow Some Preliminary Dates To Be Pushed Back. According to Reuters, “‘You can move anything else in between,’ the judge told lawyers at a two-hour hearing, which was delayed by a bomb scare. ‘I don't want to move that trial date.’” [Reuters, 3/21/23]
The NYAG Suggested That They Were Considering Re-Deposing Donald Trump, Eric Trump, And Allen Weisselberg. According to Business Insider, “Yet in their own letter to the judge, James' side suggested the attorney general's office is considering re-deposing Donald Trump, Eric Trump, and Allen Weisselberg, the former Trump Organization chief financial officer now serving a five-month jail term for running a lengthy payroll-tax fraud scheme at the company. Weisselberg's deposition, if it happens, would have to be conducted via video from jail.” [Business Insider, 3/2/23]
March 6, 2023: Ivanka Trump Moved To Separate Herself From The Other Defendants In The NYAG’s Lawsuit Against The Trump Organization. According to Newsweek, “Ivanka Trump is seeking to separate herself from her two brothers, Donald Trump Jr. and Eric Trump, in the high-stakes New York state fraud case against the Trump Organization. In a letter filed Monday, Reid Figel, the attorney representing Ivanka in the lawsuit filed by New York Attorney General Letitia James, asked Judge Arthur Engoron to recognize that Donald Trump's eldest daughter left the family company in 2017 and that the allegations made against her are different from the ones made against her brothers, father and their real estate empire. Figel wrote that because there is not ‘a single allegation that Ms. Trump directly or indirectly created, prepared, reviewed, or certified any of her father's financial statements,’ Ivanka's factual and legal defenses are unique.” [Newsweek, 3/7/23]
April 21, 2023: Ivanka Trump Replaced Her Attorneys, Including Two That Were Also Representing Her Brothers Don Jr. And Eric. According to Forbes, “Ivanka Trump replaced the lawyers defending her in a fraud suit against the New York attorney general on Friday. Her former attorneys are still representing her brothers, Don Jr. and Eric. […] Don Jr. and Eric Trump quickly hired Clifford Robert and Michael Farina of Robert & Robert to represent them, according to court records submitted a week after the suit began. The following month, those same attorneys notified the court they were representing Ivanka Trump as well. They were serving as her local counsel working with two Washington, DC-based attorneys whom Ivanka hired independently of her brothers, Reid Figel and Michael Kellogg of Kellogg Hansen.” [Forbes, 4/26/23]
April, 21, 2023: Bennet Moskowitz Of Troutman Pepper Took Over As Ivanka Trump’s Sole Counsel. According to Forbes, “The break became clearer last week. On Tuesday, the attorneys representing just Ivanka, Figel and Kellogg, withdrew from the case. Three days later, Bennet Moskowitz of Troutman Pepper informed the court that he was taking over as Ivanka’s counsel and that Robert and Farina, the attorneys Ivanka shared with her brothers, were no longer representing her. Moskowitz, who previously represented the estate of Jeffrey Epstein, is now Ivanka’s sole attorney on the case.” [Forbes, 4/26/23]
June 27, 2023: The Manhattan Appellate Division Of The New York Court System Dismissed All Claims Against Ivanka Trump. According to Reuters, “A New York appeals court on Tuesday narrowed state Attorney General Letitia James' civil lawsuit accusing Donald Trump and his family business of a ‘staggering’ fraud, and dismissed all claims against the former U.S. president's daughter. The Appellate Division in Manhattan said statutes of limitations prevented James from suing over transactions that occurred before July 13, 2014 or Feb. 6, 2016, depending on the defendant.” [Reuters, 6/27/23]
Trump Tried To Use Subpoenas In The New York Civil Fraud Case To Learn Information About Other Investigations Into His Business Dealings. According to the Daily Beast, “As Donald Trump prepares for an indictment that could come any minute now, one of his top lawyers is apparently trying to use another case to siphon information about every possible pending investigation into the former president—including ones that Trump might not even know about yet. That covert effort was revealed this week in a previously unreported letter that the office of New York Attorney General Letitia James (OAG) submitted in state court. James and Trump’s attorneys have battled over subpoenas for weeks as her $250 million fraud suit against the Trump Organization barrels ahead. According to the letter, Trump’s defense team, led by his go-to lawyer Alina Habba, has subpoenaed several companies central to the case—including Deutsche Bank and Trump’s former accounting firm, Mazars—requesting ‘information about other governmental investigations into the Trump Organization in addition to information about the conduct of the OAG investigation.’” [Daily Beast, 3/17/23]
March 16, 2023: The NYAG’s Office Called Subpoena Attempts By Trump “Utterly Irrelevant,” “Improper,” And Asked The Judge To Squash Them. According to the Daily Beast, “The subpoenas, which have not been previously known to the public, will be submitted to the court under seal. The OAG is asking the judge in the case, Arthur F. Engoron, to quash the effort, calling it ‘utterly irrelevant’ and ‘an improper attempt to seek information on separate criminal and regulatory investigations that is not relevant to this proceeding.’” [Daily Beast, 3/17/23]
March 21, 2023: New York Attorney General James Requested That Accounting Firm Whitley Penn LLP Turn Over Documents In Connection To The Civil Fraud Case Against Trump. According to Bloomberg, “New York Attorney General Letitia James asked a state judge to force the accounting firm Whitley Penn LLP to produce documents and testimony in her $250 million lawsuit against Donald Trump.” [Bloomberg, 3/21/23]
Trump Hired Whitley Penn After Mazars Disavowed A Decade Of Financial Statement Made For The Trump Organization. According to Bloomberg, “New York Attorney General Letitia James asked a state judge to force the accounting firm Whitley Penn LLP to produce documents and testimony in her $250 million lawsuit against Donald Trump. Trump hired the firm after cutting ties with longtime accountant Mazars USA LLP, which disavowed nearly a decade of financial statements for the Trump Organization based on findings from James’s investigation.” [Bloomberg, 3/21/23]
April 7, 2023: Trump’s Accounting Firm, Whitley Penn LLP, Agreed To Hand Over Subpoenaed Documents To The New York Attorney General’s Office. According to Bloomberg, “Donald Trump’s new accounting firm struck a deal with the New York attorney general to hand over documents subpoenaed in the state’s $250 million civil suit over the former president’s asset valuations. Whitley Penn LLP, the Texas-based firm Trump hired after he parted ways with longtime accountant Mazars USA LLP, reached the agreement with Trump and New York Attorney General Letitia James last week, according to an April 7 order signed by New York state court Justice Arthur Engoron.” [Bloomberg, 4/10/23]
April 13, 2023: Trump Testified For About 8 Hours In The Civil Fraud Suit Brought Against Him By The New York Attorney General. According to the New York Times, “Donald J. Trump was questioned under oath on Thursday in a civil fraud lawsuit brought by Attorney General Letitia James of New York, the latest in a series of legal predicaments entangling the former president, who also faces a separate 34-count criminal indictment unsealed last week. Ms. James’s civil case, which was filed in September and is expected to go to trial later this year, accuses Mr. Trump, his family business and three of his children of a ‘staggering’ fraud for overvaluing the former president’s assets by billions of dollars. The lawsuit seeks $250 million that Ms. James contends the Trumps reaped through those deceptions, and asks a judge to essentially run the former president out of business in the state if he is found liable at trial. Mr. Trump was questioned for much of the day on Thursday — arriving at Ms. James’s office in Lower Manhattan shortly before 10 a.m. and departing just after 6 p.m. — as part of the discovery phase of the case, in preparation for the trial.” [New York Times, 4/13/23]
Sources, Including Trump Attorney Habba, Said Trump Did Not Invoke His Fifth Amendment Rights And Answered Every Question. According to the New York Times, “While the deposition was held in private, people with knowledge of the proceeding said that Mr. Trump answered questions without asserting his right against self-incrimination. The session was neither overly combative nor polite, they said, but Mr. Trump provided some substantive answers. In a statement Thursday evening, Alina Habba, one of Mr. Trump’s lawyers, said that he had answered every question. ‘As we have said from day one, there is no absolutely no case,’ her statement said.” [New York Times, 4/13/23]
April 2023: The New York Attorney General’s Office Accused Trump, The Trump Organization, And Trump’s Three Oldest Children Of Failing To Turn Over Emails And Other Communications. According to Forbes, “Donald Trump, his three eldest children and the Trump Organization failed to turn over emails and other communications in a fraud lawsuit, the New York attorney general’s office claimed in a letter submitted in court last week. The office singled out ‘an unexplained drop-off in emails for Ivanka Trump’ as one of the more significant issues.” [Forbes, 5/3/23]
The NYAG’s Office Said The Defendants Had Not Submitted A Timeline For When They Would Turn Over All The Required Materials, Nor Answered How They Were Collecting The Materials. According to Forbes, “Last week, the attorney general’s office asked Engoron to intervene, saying the Trumps had started turning over documents but have not provided a timeline for when they will hand over everything. According to the attorney general, the Trumps also have not answered questions about how they are collecting the materials.” [Forbes, 5/3/23]
June 27, 2023: Judge Engoron Was Ordered To Revisit Claims Against The Remaining Defendants To Determine If The Statute Of Limitations Had Run Out. According to Bloomberg, “The lower-court judge, Arthur Engoron, was ordered to revisit the claims against the remaining defendants to determine whether some of them are barred by a six-year statute of limitations, which was applied retroactively and extended as a result of the pandemic.” [Bloomberg, 6/27/23]
July 7, 2023: Trump Lawyer Habba Was Removed From Trump’s Legal Team In The New York Civil Fraud Case And Made Legal Spokesperson And General Counsel Of Trump’s Save America PAC. According to the Daily Beast, “Former Donald Trump attorney Alina Habba has been kicked off the New York attorney general’s case against him, among other cases, and will instead assume two roles in his Save America leadership PAC, according to a Friday press release. She will become the PAC’s legal spokesperson and general counsel while continuing to assist the ex-president in ‘certain legal matters.’ Trump’s communication director described her as working ‘diligently’ and ‘tirelessly’ on the ‘many witch-hunt cases that have been unfairly brought’ against him, but did not give a reason for her seeming demotion besides that she will have more time to dedicate to her new duties at the PAC.” [Daily Beast, 7/8/23]
July 31, 2023: The New York Attorney General’s Office Said It Was “Ready For Trial” In The Civil Tax Fraud Case. According to The Hill, “The New York attorney general’s office said it was ‘ready for trial’ in the case against former President Trump, two of his children and The Trump Organization that alleged they engaged in widespread fraud. ‘The case is ready for trial,’ Kevin Wallace, senior enforcement counsel for the office, wrote in a filing Monday.” [The Hill, 8/1/23]
The New York Attorney General May Ask The Judge To Punish Trump For “Spoliation Of Evidence.” According to Business Insider, “But in New York, the former president now faces the risk of new penalties for documents he allegedly failed to keep. Buried in a ‘ready for trial’ notice filed this week by New York Attorney General Letitia James is a warning: She may ask the judge in Trump's October 2 fraud trial to punish the former president for the ‘spoliation of evidence.’ As defined under New York case law, ‘spoliation’ is the intentional failure to preserve documents or other evidence for pending or reasonably foreseeable litigation.” [Business Insider, 8/5/23]
August 29, 2023: Judge Engoron Ruled That Records From Financial Institutions That Did Business With Trump Would Not Be Sealed. According to the Daily Beast, “Banks and insurance companies trying to keep the public in the dark about their business dealings with Donald Trump ran into a ray of legal sunshine on Tuesday, after a judge ruled that he wouldn’t seal records in the run-up to the New York Attorney General’s upcoming trial against the real estate mogul. A handful of firms associated with Trump made a last-ditch effort to hide documents that detailed the way they unwittingly became part of the Trump Organization’s alleged scheme to inflate assets. But the judge, Arthur F. Engoron, ruled that—aside from information like the home addresses of certain employees and bank account numbers—the public has a right to see the documents and communications.” [Daily Beast, 8/29/23]
August 30, 2023: The New York Attorney General’s Office Motioned For Summary Judgment. According to the Associated Press, “New York’s attorney general says a judge doesn’t need to wait until an October trial in her civil lawsuit against former President Donald Trump to rule that he committed fraud while building his real estate empire. In court papers made public Wednesday, Attorney General Letitia James urged Judge Arthur Engoron to issue an immediate verdict endorsing her claim that Trump and his company defrauded banks and business associates by lying on financial statements about his wealth and the value of his assets.” [Associated Press, 8/30/23]
August 30, 2023: Trump Motioned For Summary Judgment. According to the New York Times, “But Mr. Trump’s lawyers, in their own motion, argued that the entire case should be thrown out, relying in large part on a recent appellate court decision that appeared as if it could significantly narrow the scope of the case because of a legal time limit. Mr. Trump had received most of the loans in question too long ago for the matter to be considered by a court, his lawyers argue. ‘The appellate division has now limited the reach of the N.Y. A.G.’s crusade against President Trump and his family’ wrote Mr. Trump’s lawyers, Christopher M. Kise, Michael Madaio and Clifford S. Robert.” [New York Times, 8/30/23]
September 5, 2023: Trump Moved To Delay The Start Of The Trial. According to the Washington Post, “Separately, the defense sought a delay in the start of the trial saying that more time will be needed to determine what issues are properly in play.” [Washington Post, 9/5/23]
Trump Requested The Trial Be Delayed Until Three Weeks After A Decision Was Made On The Motions For Summary Judgment. According to Reuters, “In a Tuesday night filing, Trump said the trial should be ‘briefly’ delayed until three weeks after the judge rules on both sides' requests for summary judgments, which seek victory on various legal issues without the need for a trial.” [Reuters, 9/6/23]
September 6, 2023: Judge Engoron Rejected Trump’s Motion To Delay The Trial. According to ABC News, “A judge in New York on Wednesday said there would be no delay to the start of the civil trial in New York Attorney General Letitia James' $250 million lawsuit against former President Donald Trump and his namesake real estate company. Judge Arthur Engoron said that arguments Trump and others made to delay the case were not convincing. ‘Defendants' arguments are completely without merit,’ Engoron wrote in his ruling.” [ABC News, 9/6/23]
September 5, 2023: New York Attorney General Letitia James Asked The New York State Supreme Court To Sanction Trump, His Fellow Co-Defendants, And Their Lawyers For Continuing To Raise “Previously Rejected Arguments.” According to NBC News, “New York Attorney General Letitia James is asking the state Supreme Court to sanction former President Donald Trump, his sons Eric and Don Jr., others related to the family business and Trump's attorneys for a total of $20,000. Court records filed Tuesday showed that James' office wants to sanction them because they've continued to raise ‘previously-rejected arguments’ in their motions. The attorney general called them ‘frivolous and sanctionable’ because ‘sophisticated defense counsel should have known better.’” [NBC News, 9/5/23]
New York Attorney General Letitia James Requested The Defendants And Their Lawyers Be Sanctioned $10,000 Each. According to Business Insider, “The attorney general is seeking $220,000 in sanctions, or $10,000 for each plaintiff, including the Trump Organization and nine related trusts and LLCs, plus Donald Trump, Donald Trump, Jr., Eric Trump, former CFO Allen Weisselberg, company comptroller Jeffrey McConney, and seven defense lawyers.” [Business Insider, 9/5/23]
Trump’s Lawyer Said They Were Entitled To Raise Previously Rejected Arguments So That There Could Be A Full Record Of Pre-Trial Discovery. According to the Washington Post, “Clifford Robert, a lawyer for the Trump family, said in a phone call that ‘the attorney general’s motion in itself is frivolous.’ In a filing Tuesday night, Robert wrote a letter to the attorney general’s office on behalf of the Trump parties demanding that the sanctions request be withdrawn. He argued the defendants were entitled to make thorough arguments at this stage with the benefit of having a full record of pre-trial discovery regardless of prior rulings.” [Washington Post, 9/5/23]
September 26, 2023: Trump’s Lawyers Were Sanctioned $7,500 Each For Making Arguments Previously Rejected. According to the New York Times, “The judge also ordered sanctions against Mr. Trump’s lawyers for making arguments that he previously rejected. He ordered each to pay $7,500.” [New York Times, 9/26/23]
September 8, 2023: The New York Attorney General Claimed That Trump Inflated His Assets By $3.6 Billion, More Than The $2.2 Billion They Originally Estimated. According to the Messenger, “A little more than a week ago, New York State Attorney General Letitia James accused former President Donald Trump of having inflated his assets by up to $2.2 billion in a single year. On Friday, her office claimed that this number was a ‘conservative’ estimate based on ‘undisputed’ evidence. In a new filing, James alleged that Trump actually inflated his assets up to $3.6 billion, ‘which is still a conservative estimate of the extent of the inflation.’ ‘Based on this mountain of evidence establishing the extent to which Mr. Trump and his associates grossly and deceptively inflated his assets and net worth in the [statements of financial condition] each year,’ the AG’s assistant Andrew Amer wrote in a 74-page filing.” [Messenger, 9/8/23]
Trump Sued Judge Engoron. According to the New York Times, “Donald J. Trump has sued the judge overseeing the New York attorney general’s civil fraud case against him, a move that could delay his upcoming trial.” [New York Times, 9/14/23]
The Civil Tax Fraud Case Was Paused To Consider The Motion. According to the New York Times, “The lawsuit was not immediately made public, but two people with knowledge of the matter said that it accused the judge of ignoring an earlier appeals court decision that Mr. Trump’s lawyers believe should significantly limit the case against him. And on Thursday, the appeals court provisionally paused the trial so it can consider Mr. Trump’s action against the judge.” [New York Times, 9/14/23]
The New York Attorney General’s Office Said Delaying Trump’s Trial Would “Likely Wreak Havoc” On The Scheduling Of Trump’s Other Trials. According to the Messenger, “Now that a New York appellate court has temporarily paused former President Donald Trump's civil fraud trial that was set to begin early next month, the attorney general's office told the judges that failing to reverse course could come with serious consequences. ‘Even a brief stay of the October 2 trial date would likely wreak havoc on the trial schedule not only in this proceeding but also in scheduled trials in other courts that involve petitioner Donald J. Trump,’ Judith Vale, the deputy solicitor general for New York Attorney General Letitia James, wrote in a 32-page filing on Wednesday. ‘The Court should not countenance such delays, particularly when there is no irreparable harm to petitioners from simply doing work to prepare for and start a trial that has been scheduled for many months.’” [Messenger, 9/21/23]
The NYAG’s Office Called Trump’s Attempt To Delay The Trial “Brazen And Meritless.” According to the Messenger, “As the case hurtles toward a trial, Trump has tried to throw a wrench in the proceedings through a maneuver known as an Article 78 petition, the state equivalent of a writ of mandamus, which seeks emergency relief seeking to force a court or agency to take an action. The attorney general's office denounced Trump's gambit as a ‘brazen and meritless attempt’ to have an appellate court ‘usurp’ the trial judge's role of managing his own docket. The AG argues that Trump has ‘no likelihood’ of winning his appeal in the light of the bar for obtaining ‘extraordinary’ relief. ‘Petitioners have no chance of satisfying any of these extraordinarily high standards, and their stay request should be denied on this ground alone,’ the filing states.” [Messenger, 9/21/23]
September 28, 2023: Trump’s Attempt To Delay The Trial Was Rejected By A New York Appeals Court. According to the New York Times, “Donald J. Trump’s civil fraud trial over accusations that he inflated the value of his properties by billions of dollars will likely begin Monday after a New York appeals court rejected the former president’s attempt to delay it. The appeals court, in a terse two-page order Thursday, effectively turned aside for now a lawsuit that Mr. Trump had filed against the trial judge, Arthur F. Engoron. The lawsuit had sought to delay the trial and ultimately throw out many accusations against the former president.” [New York Times, 9/28/23]
Trump Was Listed As A Potential Prosecution Witness In His Civil Tax Fraud Trial. According to the Daily Beast, “The New York Attorney General plans to have her lawyers grill former President Donald Trump, his oldest three children whom he made Trump Organization executives, and many of his most loyal bankers at his upcoming business fraud trial, according to a witness list obtained by The Daily Beast on Thursday. The proposed 57-person list—buried in recent appellate court filings—shows the immense scope of the investigation that will be on display at the trial. New York Attorney General Letitia James’ office seeks to obliterate the real estate tycoon and former president’s corporate empire, squeezing it dry of profits gained over years of what she has described as a pattern of ‘persistent and repeated business fraud.’” [Daily Beast, 9/15/23]
Trump Included As A Potential Witness By His Defense Team. According to the Messenger, “Trump included himself and his sons Eric and Donald Trump Jr. on the defense witness list, but he did not include daughter Ivanka Trump, who won the dismissal of the AG's allegations against her on appeal under the statute of limitations. The former president also plans to call an unnamed corporate representative for Mazars, the accounting firm involved in his highly publicized battle to protect his tax records.” [Messenger, 9/28/23]
September 26, 2023: Judge Engoron Ruled That Trump Was Liable For Fraud By Inflating The Value Of His Assets. According to the New York Times, “The New York attorney general won a major victory in her civil case against Donald J. Trump on Tuesday when a New York judge determined that the former president fraudulently inflated the value of his assets to obtain favorable loans and insurance deals. The decision by Justice Arthur F. Engoron precedes a trial that is scheduled to begin Monday, and could considerably smooth Attorney General Letitia James’s path.” [New York Times, 9/26/23]
The Ruling Effectively Ordered The Dissolution Of Trump’s New York Businesses And Corporations. According to the Messenger, “Former President Donald Trump's certificates for his New York businesses must be canceled for fraud, a judge ruled on Tuesday. The blockbuster ruling effectively orders the dissolution of Trump's namesake New York business and other corporations central to his business empire, finding that he failed to correct course after warned of a ‘propensity to engage in persistent fraud.’” [Messenger, 9/26/23]
Trump’s Attorney Said They Would Appeal The Decision. According to the Messenger, “Kise accused the New York court of substituting ‘its own judgment for that of nationally recognized experts from the NYU Stern School of Business and beyond’ and of disregarding the testimony of those who said there was no fraud. He added that while the full impact of Monday’s decision is unclear, the former president and his family plan to appeal.” [Messenger, 9/26/23]
Mid-October 2023: Deadline For Parties To Present Plans For Receivership. According to CNN, “Addressing the uncertainty from Trump on when a court-appointed manager, known as a receiver, would oversee the dissolution of Trump’s corporate entities, Engoron extended the timeline to 30 days to come up with a plan for the receivership, up from the original 10.” [CNN, 9/27/23]
October 2, 2023: Trial Date Set. According to the Wall Street Journal, “A New York judge Tuesday scheduled an October 2023 trial in the state attorney general’s civil-fraud case against Donald Trump, his company and three of his adult children, setting up proceedings that would unfold against the backdrop of another Trump run for the White House. State Supreme Court Justice Arthur Engoron scheduled the trial for Oct. 2, 2023, in state court in Manhattan. Alina Habba, a lawyer for the former president and the Trump Organization, told the judge, ‘My clients, they will be here, all of them.’” [Wall Street Journal, 11/22/22]
November 4, 2019: E. Jean Carroll Sued Trump For Defamation Over His Denial Of Her Accusation That Trump Sexually Assaulted Her In The 1990s. According to UPI, “Advice columnist E. Jean Carroll sued President Donald Trump for defamation, stating his denials of her accusation that he sexually assaulted her more than 20 years ago damaged her reputation. Carroll filed the suit in the New York Supreme Court on Monday alleging Trump made ‘express statements and deliberate implications’ that accused her of lying about the rape in order to increase sales of her memoir -- where she first publicly described the assault -- as well as to carry out a political agenda by advancing a conspiracy with the Democratic Party. She added that Trump's statements ‘inflicted emotional pain and suffering, they damaged her reputation and they caused substantial professional harm.’ ‘Trump knew that these statements were false; at bare minimum he acted with reckless disregard for their truth or falsity,’ the complaint stated. Carroll is seeking unspecified compensatory and punitive damages in the defamation lawsuit.’” [UPI, 11/4/19]
September 27, 2022: Federal Appeals Court Moved Case To D.C. Court To Determine If Trump Was Acting In His Capacity As President When He Made His Statements About Carroll, Which If So Would End The Case. According to the New York Times, “A District of Columbia court will have to determine whether Donald J. Trump was acting in his official capacity as president when he scoffed at the accusations of a woman who said he raped her decades ago, a federal appeals court in New York ruled on Tuesday. The future of the case, involving the writer E. Jean Carroll, depends on the decision. If the court in Washington rules that Mr. Trump was acting in his role as a federal employee — and the United States becomes the defendant, instead of Mr. Trump — Ms. Carroll’s suit cannot proceed, because the federal government cannot be sued for defamation. The 2-to-1 ruling by a panel of the U.S. Court of Appeals for the Second Circuit in New York stems from a lawsuit in which Ms. Carroll said Mr. Trump damaged her reputation when he denied attacking her in a department store dressing room in the 1990s and branded her a liar.” [New York Times, 9/27/22]
October 19, 2022: Trump Was Deposed. According to the New York Times, “Three years after the writer E. Jean Carroll sued Donald J. Trump for defamation in New York, the former president submitted to a sworn deposition on Oct. 19 at Mar-a-Lago, his residence and private club in Florida.” [New York Times, 10/19/22]
November 24, 2022: Carroll Sued Trump For Battery And Defamation In New York Court. According to CNN, “Ex-magazine columnist E. Jean Carroll sued former President Donald Trump for battery and defamation under a new New York law that allows adults alleging sexual assault to bring claims years after the attack. Carroll filed the lawsuit Thursday, the first day that civil lawsuits can be brought under the new law, the Adult Survivors Act, which gives adults a one-year window to file a claim. The lawsuit is the second Carroll has brought against Trump, but the first to seek to hold him accountable for battery for allegedly raping Carroll in the dressing room of a New York department store in the mid-1990s. The lawsuit also alleges a new defamation claim based on statements Trump made last month.” [CNN, 11/24/22]
January 10, 2023: D.C. Court Of Appeals Heard Arguments On Whether Trump Acted Within His Job As President When Denying E Jean Carroll’s Allegations That Trump Sexually Assaulted Her, Determining Whether Carroll’s Defamation Lawsuit Can Move Forward. According to the Washington Post, “The D.C. Court of Appeals on Tuesday heard arguments centering on whether Donald Trump was acting within his job as president when he denied a writer’s allegations that he sexually assaulted her in the mid-1990s — a legal question that is key to whether the writer’s defamation lawsuit against Trump can move forward. Lawyers for the New York-based writer E. Jean Carroll argued that Trump acted as a private citizen when he denied raping Carroll, and therefore can be sued like anyone else. Trump’s lawyers and an attorney for the Justice Department countered that his responses were made as part of his job as president — which would effectively end Carroll’s case against him because of protection government employees have from defamation suits. During a 2½-hour hearing, the judges pressed both sides on the boundaries of Trump’s job responsibilities, and some expressed frustration that they had limited information on which to make a decision.” [Washington Post, 1/10/23]
January 13, 2023: Judge Kaplan Ruled That Portions Of Trump’s Deposition Would Be Publicly Released Over Objections Of Trump. According to the Washington Post, “Some portions of Carroll’s deposition in the defamation lawsuit were already part of the public docket. Portions of Trump’s deposition were ordered released in a separate decision Friday by Judge Kaplan, who is not related to Carroll’s attorney. That decision followed a bid by Trump’s attorneys to keep the previously redacted section sealed.” [Washington Post, 1/13/23]
February 10, 2023: Trump Was Listed As The First Potential Witness His Defense Could Call At The Upcoming E. Jean Carroll Trial. According to the New York Daily News, “Donald Trump and writer E. Jean Carroll, who’s accusing the former president of rape, may testify against each other in a sex assault and defamation civil case the scribe brought against the ex-commander-in-chief in Manhattan Federal Court. Both are listed as the first potential witnesses their lawyers will call at the trial starting April 25. Trump’s lawyers also plan to call CNN host Anderson Cooper, New York Magazine editor David Haskell and Carroll’s friends, whom she claims she told about the alleged assault, according to a Thursday court filing. Carroll plans to call many of her closest confidantes and former White House press secretary Stephanie Grisham, among other witnesses.” [New York Daily News, 2/10/23]
April 13, 2023: DC Court Of Appeals Refused To Rule On Whether Trump Was Shielded From Carroll’s Original Defamation Lawsuit. According to Reuters, “A Washington, D.C., appeals court on Thursday refused to decide whether Donald Trump can be shielded from the first of two defamation lawsuits by E. Jean Carroll, a writer who said the former U.S. president raped her nearly three decades ago.” [Reuters, 4/13/23]
April 18, 2023: Carroll Informed The Court That She Would Attend The Trial. According to the New York Daily News, “Writer E. Jean Carroll on Tuesday said she would attend her civil rape case against Donald Trump going on trial next week in Manhattan — but the former president hasn’t said yet if he’ll be there. In a court filing, Carroll’s lawyer Roberta Kaplan said she would be present throughout the trial starting April 25. Trump must tell the court whether he plans to be there by Thursday. Typically, defense lawyers advise defendants to attend their trial as their presence bodes better with jurors.” [New York Daily News, 4/18/23]
April 20, 2023: Judge Kaplan Denied Trump’s Request To Tell The Jury He Was Excused For Attending The Trial. According to Bloomberg, “The judge overseeing E. Jean Carroll’s civil sexual-assault lawsuit against Donald Trump denied the former president’s request that jurors be told he’d been excused from attending the trial next week, saying it was up to Trump to decide if he wants to show up. US District Judge Lewis Kaplan issued his ruling Thursday, dismissing Trump’s claim that his presence would overburden the city with security concerns. The judge said defendants in such cases aren’t required to attend their trials. The former president sought the special jury instruction because he said he didn’t want the jury to think negatively of his absence. The trial starts April 25 in Manhattan.” [Bloomberg, 4/20/23]
April 21, 2023: The 2nd Circuit Court Of Appeals Sent Carroll’s Original Defamation Case Against Trump Back To Judge Kaplan. According to ABC News, “A federal appeals court in New York on Friday returned E. Jean Carroll's initial case against former President Donald Trump to a district court judge who had previously decided Trump did not act within the scope of his employment as president when he denied Carroll's rape claim and allegedly defamed her. Carroll, a former Elle columnist who alleges that Trump attacked her in the dressing room of the Bergdorf Goodman luxury department store in the 1990s, claims Trump defamed her in 2019 when, during his presidency, he denied her rape claim by calling her a liar and saying ‘she's not my type.’ Trump, who also denies the accusations, has argued that the Justice Department should be substituted as the defendant in the case because, at the time of his allegedly defamatory statements, he was acting in his official capacity as an employee of the federal government. Friday's decision by the 2nd U.S. Circuit Court of Appeals remands the case to the district court for further consideration.” [ABC News, 4/21/23]
February 10, 2023: Trump Formally Offered To Provide A DNA Sample, But On The Condition That Carroll Provide “Missing” Pages From Report She Commissioned. According to the New York Times, “A lawyer for Donald J. Trump said on Friday that the former president was willing to provide a DNA sample as part of a lawsuit filed against him by the writer E. Jean Carroll, who has accused Mr. Trump of raping her in a Manhattan department store dressing room in the mid-1990s. In a motion filed in Federal District Court in Manhattan, Joseph Tacopina, Mr. Trump’s lawyer, wrote that the former president would submit the evidence in exchange for the production of what he said were missing pages from a report that Ms. Carroll commissioned about genetic material gathered from a dress she says she was wearing when the incident occurred. The sample, Mr. Tacopina wrote, would be for the ‘sole purpose of comparing it to the DNA found on the dress at issue.’ He added that the filing was ‘not seeking to delay the trial date.’” [New York Times, 2/10/23]
February 14, 2023: Trump’s Lawyers Attempted To Prevent Trump’s Long History Of Misogynist Comments To Be Introduced At Trial. According to the Daily Beast, “Demeaning a beauty queen, boasting about forcing himself on women, then having the gall to deny he’s ever sexually harassed anyone—that’s the side of Donald Trump the former president’s lawyers don’t want New York City jurors to see as they consider whether or not he raped a magazine columnist decades ago. On Monday, a federal judge finalized some key issues in the Bill Cosby-type civil trial where Trump is accused of raping the magazine columnist E. Jean Carroll in a dressing room at a high-end Manhattan department store. Among them is the evidence that’ll be shown. Trump’s lawyers are trying to stop a long list of video clips and photos from being presented at trial, labeling them ‘irrelevant and unduly prejudicial.’ The judge still has not made a final determination about what he will allow at trial.” [Daily Beast, 2/15/23]
March 10, 2023: Judge Kaplan Ruled That The Access Hollywood Tape Could Be Submitted As Evidence. According to Bloomberg, “A federal judge rejected former President Donald Trump’s effort to block the so-called Access Hollywood tape from being played at the upcoming trial in a defamation case brought by E. Jean Carroll, a New York author who claims he raped her in the 1990s. The ruling Friday by US District Judge Lewis Kaplan in Manhattan also denied Trump’s effort to block Carroll from calling as witnesses two other women who accused him of assaulting them in the years before he got into politics.” [Bloomberg, 3/10/23]
March 10, 2013: Judge Kaplan Ruled Two Other Trump Accusers Can Also Testify. According to CNN, “US District Judge Lewis Kaplan rejected Trump’s request that the judge block the accusers from testifying at trial. Trump also asked the judge to block the Access Hollywood tape from being played at the trial. Carroll, the former magazine columnist who sued Trump for defamation after he denied raping her in the mid-1990s, has indicated that she will call Natasha Stoynoff and Jessica Leeds, two women who came forward with allegations against Trump in 2016, as well as use their videotaped depositions. Stoynoff alleged Trump sexually assaulted her when she was reporting an article about Trump and his wife, Melania, for People magazine. Leeds alleged Trump groped her while they were on an airplane together. Trump has denied both allegations, as well as Carroll’s rape claims.” [CNN, 3/10/23]
March 20, 2023: Kaplan Ruled That His Decisions Allowing The Access Hollywood Tape And Other Trump Accusers In The Defamation Trial Would Carry Over To The Civil Rape Trial. According to the Associated Press, “In an order Monday, Kaplan ruled specifically that he would allow the ‘Access Hollywood’ tape and testimony by two other women who say Trump attacked them sexually to be included in next month’s trial, repeating his rulings from the defamation case. ‘There is no reason, and Mr. Trump has made no persuasive argument, for me to rule differently,’ he wrote.” [Associated Press, 3/20/23]
March 27, 2023: Judge Kaplan Ruled That Neither Side Could Mention, Much Less Use, DNA Evidence At Trial. According to Business Insider, “The judge presiding over E. Jean Carroll's rape and defamation lawsuit against former President Donald Trump has banned lawyers from even mentioning DNA evidence in front of the jury when the case goes to trial next month. US District Judge Lewis A. Kaplan ruled Monday that both sides would be ‘precluded from any testimony, argument, commentary or reference concerning DNA evidence’ during the trial, which is scheduled to begin April 25.” [Business Insider, 3/27/23]
April 24, 2023: Judge Kaplan Rejected Trump’s Motion To Block Stoynoff From Testifying. According to Law & Crime, “Donald Trump lost his second attempt to block a People magazine writer from testifying that he groped her, bolstering E. Jean Carroll’s allegations that the former president is a serial sexual abuser. […] Like Carroll, one of those women, Natasha Stoynoff, is a professional scribe who claims that Trump unexpectedly cornered and groped her long before his presidency. Senior U.S. District Judge Lewis Kaplan found on Monday that Trump made his request far too late. ‘The application is untimely because any motion for reconsideration should have been filed well before this request,’ Kaplan wrote in his single-page ruling.” [Law & Crime, 4/24/23]
December 22, 2022: Trump’s Attorneys Argued In Court Filing That Carroll’s Lawsuit Should Be Thrown Out Because New York’s Adult Survivors Act Is Unconstitutional. According to Business Insider, “Former President Donald Trump's attorney argued in a court filing Wednesday that E. Jean Carroll's most recent lawsuit against Trump should be thrown out on the grounds that a New York law allowing her and many others to sue over sexual assault is unconstitutional, and that Trump saying she lied about the alleged rape didn't defame her because it didn't call her professionalism into question. Trump's main argument was that the New York Adult Survivors Act — which temporarily allows people fo file sexual assault lawsuits in cases where the statute of limitations has expired — unconstitutionally deprives defendants of due process and arbitrarily allows years- or decades-old allegations to be revived. ‘Notwithstanding the sympathies at play, the Adult Survivors Act is a contravention of the New York State Constitution, an invasion of due process, and a clear abuse of legislative power,’ the filing said.” [Business Insider, 12/22/22]
March 20, 2023: Judge Kaplan Rejected Proposed Joint Trial Of The Two Suits Against Trump By E Jean Carroll. According to CNBC, “A New York federal judge on Monday postponed indefinitely the previously scheduled April trial for the first of two lawsuits accusing former President Donald Trump of defaming the writer E. Jean Carroll after she claimed he raped her in the mid-1990s. Judge Lewis Kaplan also denied a joint request by lawyers for Trump and Carroll to consolidate her two pending civil lawsuits against Trump into a single trial. Kaplan in a brief order wrote that the attorneys overestimated the purported benefits of judicial economy and of avoiding potentially inconsistent rulings by combining the cases in U.S. District Court in Manhattan.” [CNBC, 3/20/23]
March 28, 2023: Trump’s Motion For Summary Judgment In The E Jean Carroll Defamation Lawsuit Was Rejected. According to Rolling Stone, “A FEDERAL JUDGE denied President Trump’s request for a summary judgment against writer E. Jean Carroll’s claim of defamation against him. In his Tuesday ruling, U.S. District Judge Lewis Kaplan gave a written lashing to the former President’s legal arguments. Carroll has brought forth two lawsuits against Trump, including a civil rape lawsuit based on allegations that the former president sexually assaulted her in the dressing room of a department store in the Nineties. A separate suit argues that Trump defamed Carroll through statements that Trump publicly made about her in the aftermath of the accusation. It’s this suit that Trump sought to have thrown out by Kaplan. In his ruling, Kaplan skewered an interpretation of a 2022 Truth Social post from the former president bashing Carroll. Trump’s attorneys argued that the post was not an act of defamation, but merely a summary and/or repetition of ‘his denials and affirmative defense in relation to Ms. Carroll’s allegations.’” [Rolling Stone, 3/28/23]
March 23, 2023: Jury In The E Jean Carroll Trial Will Be Anonymous Because Of Possibility Of Becoming Victims Of Trump Supporter Harassment. According to the New York Times, “A Manhattan judge ruled on Thursday that jurors hearing a trial next month involving a rape allegation against former President Donald J. Trump will be kept anonymous because of concern they could become victims of ‘harassment or worse’ by Mr. Trump’s supporters. The judge, Lewis A. Kaplan of Federal District Court, issued his ruling in a lawsuit filed by E. Jean Carroll, a writer who has accused Mr. Trump of raping her in a dressing room at the luxury department store Bergdorf Goodman in the mid-1990s.” [New York Times, 3/23/23]
April 10, 2023: Judge Kaplan Rejected Motion To Relax The Confidentiality Of The Jurors. According to Law & Crime, “Some weeks after cloaking a jury in complete anonymity to preside over E. Jean Carroll’s lawsuit accusing former President Donald Trump of rape, a federal judge refused to relax that ruling even enough to confidentially share their identities with the attorneys. Senior U.S. District Judge Lewis Kaplan said he couldn’t issue such an order in ‘good conscience,’ especially in light of Trump’s continuing attacks on the jurist presiding over the former president’s criminal case.” [Law & Crime, 4/10/23]
April 13, 2023: Judge Kaplan Rejected Trump’s Motion To Know The Identities Of Potential Jurors. According to Reuters, “Donald Trump will not learn the identities of jurors expected to decide at an upcoming civil trial whether the former president defamed the writer E. Jean Carroll, who also claims Trump raped her. U.S. District Judge Lewis Kaplan in Manhattan on Friday rejected Trump's renewed effort to require that prospective jurors provide their names, employment and 38 other pieces of information on written questionnaires. Kaplan said the law was ‘abundantly clear’ it was his choice whether to use questionnaires, and nothing has changed his decision to seat an anonymous jury at the April 25 trial, reflecting the threat of juror harassment.” [Reuters, 4/14/23]
April 2023: Carroll Attempted To Remove Juror 77 After Learning That He Listened To A Hard-Right Podcast From Tim Pool Called “The Culture War.” According to the New York Times, “During the trial of E. Jean Carroll’s lawsuit against President Donald J. Trump, lawyers fought a behind-the-scenes battle over whether to dismiss a juror who listened to an extreme right-wing podcast, court papers that were unsealed on Wednesday revealed. The juror, a 31-year-old man who said he had lived in the Bronx for all his life, said during jury selection on April 25 that he tended to avoid news but listened to ‘independent’ podcasts ‘every now and then’ and listed one example. The original transcription inaccurately captured the podcast’s title as ‘Temple.’ But lawyers for Ms. Carroll, the writer who filed the lawsuit accusing Mr. Trump of rape, later learned through news reports that the anonymous juror, identified only as Juror 77, had actually said he listened to Tim Pool. Mr. Pool’s YouTube channel includes dozens of recordings that push hard-right views. His podcast, which has been criticized as a vector for conspiracy theories, is called ‘The Culture War.’” [New York Times, 5/10/23]
May 2, 2023: Trump’s Lawyers Argued That A Juror’s Political Affiliation Is Not Grounds For Dismissal. According to Politico, “‘A juror’s political affiliation is not grounds for dismissal, even in cases involving a political figure,’ said Trump lawyer Joe Tacopina in a May 2 filing that was unsealed by U.S. District Court Judge Lewis Kaplan on Wednesday. Kaplan ultimately sided with Tacopina’s argument, leaving the juror in place.” [Politico, 5/10/23]
May 2023: Judge Kaplan Sided With Trump Without Stating His Reason. According to the New York Times, “Ultimately, the judge allowed the juror to stay. The papers that he ordered unsealed on Wednesday did not include his reasons.” [New York Times, 5/10/23]
April 12, 2023: Trump Asked For A Four-Week Delay In The E Jean Carroll Trial. According to Bloomberg, “Donald Trump asked for a four-week delay in the start of a civil trial over his alleged rape of author Jean Carroll in the mid-1990s, citing a ‘deluge’ of publicity from the recent unrelated criminal case brought against him by the Manhattan district attorney.” [Bloomberg, 4/12/23]
April 13, 2023: Trump Lawyer Habba Again Asked For A One Month Delay, This Time To Investigate The Funding Issue Or Alternatively Have The Jury Be Told That Carroll Defied Discovery Obligations. According to Bloomberg, “Habba asked the judge for a one-month delay of the trial, which is set to begin April 25, and to allow her team to investigate the funding issue, or to have the court give the jury an instruction about Carroll’s ‘willful defiance of her discovery obligations.’ The defense this week asked for a trial delay given the ‘deluge’ of publicity over Trump’s recent unrelated criminal indictment on state charges in Manhattan.” [Bloomberg, 4/13/23]
April 13, 2023: Judge Kaplan Rejected Trump’s Request For A Delay. According to the Associated Press, “A federal judge rejected a request Thursday to delay former President Donald Trump’s trial this month on civil claims that he raped a woman in the mid-1990s, but he has granted a request by Trump’s lawyers to gather more evidence about who is paying the accuser’s lawyers.” [Associated Press, 4/13/23]
April 17, 2023: Trump’s Request To Delay The Trial Was Denied. According to Reuters, “A U.S. judge on Monday rejected former President Donald Trump's request to delay a scheduled April 25 trial over whether he defamed former Elle magazine columnist E. Jean Carroll by denying he raped her. Last week, Trump's lawyers urged U.S. District Judge Lewis Kaplan to grant a four-week ‘cooling-off’ period to at least May 23 to give Trump a fair trial, citing a recent ‘deluge of prejudicial media coverage’ of criminal charges against him filed by Manhattan District Attorney Alvin Bragg.” [Reuters, 4/17/23]
Trump’s Request For A Mistrial Denied
May 1, 2023: Judge Denied Trump’s Motion For A Mistrial. According to Reuters, “E. Jean Carroll returned to the witness stand on Monday where a lawyer for Donald Trump sought to disprove her claim the former U.S. president raped her, after the judge denied a defense request for a mistrial. Trump's lawyer Joe Tacopina resumed cross-examination of Carroll about five hours after requesting a mistrial in her rape and defamation civil case, saying the judge made several ‘unfair and prejudicial’ rulings. […] The judge denied the motion for a mistrial before testimony resumed.” [Reuters, 5/1/23]
Trump Asked For A Mistrial Because The Judge Made “Pervasive Unfair And Prejudicial Rulings” Against Him. According to CNN, “Former President Donald Trump has asked the judge to declare a mistrial in his civil battery and defamation trial, arguing the judge has made ‘pervasive unfair and prejudicial rulings’ against him.” [CNN, 5/1/23]
April 25, 2023: Judge Kaplan Asked Attorneys For Both Parties To Advise Their Clients Against “Making Any Statements That Will Incite Violence Or Civil Unrest.” According to Business Insider, “The judge presiding over a rape claim lawsuit against former President Donald Trump on Tuesday made a thinly-veiled attempt to stop Trump from publicly commenting on the case. Opening statements are expected to kick off today in E. Jean Carroll's defamation and rape lawsuit against Trump. Trump has denied her allegations and was absent in the courtroom as the jury was selected on Tuesday in Manhattan federal court. Before potential jurors were brought into the room, US District Judge Lewis A. Kaplan asked attorneys for both sides to advise their clients against ‘making any statements that will incite violence or civil unrest.’ Kaplan said the warning was not meant to accuse either side of misconduct, but in order to ‘try to avoid problems down the road.’” [Business Insider, 4/25/23]
April 26, 2023: Trump Called The Lawsuit A Scam, Said Carroll’s Lawyer Was a Political Operative, And Said A Dress Carroll Wore Should Be Admitted Into Evidence. According to the New York Times, ‘Mr. Trump posted twice about the lawsuit, calling it a scam and writing that Ms. Carroll’s lawyer was a ‘political operative.’ He also said that the dress Ms. Carroll wore should be ‘allowed to be part of the case.’” [New York Times, 4/26/23]
Judge Kaplan Called Trump’s Comments “Entirely Inappropriate.” According to the New York Times, “On Wednesday, the judge said Mr. Trump’s out-of-court statements seemed ‘entirely inappropriate’ and suggested Mr. Trump might be trying to influence members of the jury. ‘Your client is basically endeavoring certainly to speak to his quote-unquote public,’ Judge Kaplan said, ‘but more troublesome, to the jury in this case, about stuff that has no business being spoken about.’” [New York Times, 4/26/23]
Judge Kaplan Said Trump “May Or May Not Be Tampering With A New Source Of Potential Liability,” Which Was Thought To Be The Possibility Of A Contempt Sanction. According to the New York Times, “Judge Kaplan responded that he hoped Mr. Tacopina would be successful because ‘we’re getting into an area conceivably in which your client may or may not be tampering with a new source of potential liability — and I think you know what I mean.’ The judge did not elaborate, but he could have been referring to the possibility of a contempt sanction.” [New York Times, 4/26/23]
May 4, 2023: Trump Called The Judge “Extremely Hostile.” According to Reuters, “I have to go back for a woman that made a false accusation about me, and I have a judge who is extremely hostile,’ Trump added.” [Reuters, 5/4/23]
May 10, 2023: Trump Blasted The Judge And Jury For “Allowing Such A Travesty Of Justice To Take Place.” According to The Hill, “Former President Trump on Wednesday lashed out at the New York judge and jury that found him liable for sexual battery and defamation against writer E. Jean Carroll in the civil trial that wrapped up Tuesday. ‘The partisan Judge & Jury on the just concluded Witch Hunt Trial should be absolutely ashamed of themselves for allowing such a travesty of Justice to take place,’ Trump wrote on Truth Social.” [The Hill, 5/10/23]
Trump Claimed That Judge Kaplan “Hated President Donald J. Trump More Than Is Humanly Possible.” According to The Hill, “Trump argued in a separate post on the platform that U.S. District Judge Lewis Kaplan, an appointee of former President Clinton, ‘hated President Donald J. Trump more than is humanly possible’ and that ‘this case should never have been allowed to be tried in this completely partisan venue.’” [The Hill, 5/10/23]
Each Side Made Opening Statements
April 25, 2023: Carroll’s Attorney Called Trump’s Alleged Rape A “Brief, Brutal Attack” In Opening Statement To The Jury. According to Politico, “The civil lawsuit from a woman who says Donald Trump raped her decades ago centers on a ‘brief, brutal attack,’ a lawyer for the woman, E. Jean Carroll, told the jury as the trial kicked off in Manhattan federal court Tuesday. Carroll, a magazine columnist, is suing Trump for allegedly attacking her in a dressing room of luxury department store Bergdorf Goodman in the 1990s and sexually assaulting her — a claim Trump denies, saying the incident ‘never happened.’ She also is suing him for defamation for publicly calling her allegations a ‘hoax.’ She is seeking unspecified money damages. Describing how Carroll and Trump bantered playfully before he allegedly assaulted her in the dressing room, Carroll’s lawyer, Shawn Crowley, told the 9-person jury, ‘the moment they went inside, everything changed. Suddenly, nothing was funny.’ ‘Trump was almost twice her size,’ Crowley said to the jury. ‘He held down her arm, pulled down her tights and then he sexually assaulted her.’” [Politico, 4/25/23]
Trump Attorney Joe Tacopina Called Carroll’s Claim As A “Sick Story.” According to Politico, “Trump, who isn’t required to appear at the proceedings, didn’t attend the first day of the trial. His lawyer, Joe Tacopina, sought to portray Carroll’s claim as a ‘sick story’ while also trying to reassure jurors that they could side with his client even if they dislike him.” [Politico, 4/25/23]
Carroll Testified
April 26, 2023: E Jean Carroll Testified That Donald Trump Raped Her. According to Politico, “In blunt and at times emotional testimony, E. Jean Carroll took the stand Wednesday in her civil lawsuit accusing Donald Trump of rape, saying of the alleged incident that ‘my whole reason for being alive in that moment was to get out of that room.’ Carroll, a magazine columnist, has accused Trump of sexually assaulting her in a dressing room of luxury department store Bergdorf Goodman in the mid-1990s. She is suing him for battery and defamation in a trial that began Tuesday in Manhattan federal court. He has denied the allegations, saying the incident ‘never happened’ and that she has perpetrated a ‘hoax.’ ‘I’m here because Donald Trump raped me,’ Carroll told the jury Wednesday. Referring to a book she wrote in which she detailed the alleged incident, she said: ‘And when I wrote about it, he said it didn’t happen. He lied and shattered my reputation. And I’m here to try to get my life back.’” [Politico, 4/26/23]
April 27, 2023: Carroll Said “He Raped Me Whether I Screamed Or Not” Under Repeated Questioning From Trump Attorney Tacopina. According to CNN, “E. Jean Carroll returned to the stand on Thursday in her civil battery and defamation lawsuit against former President Donald Trump, with the columnist telling the jury about her experience with him in a New York department store in the face of cross-examination from Trump’s attorney. Trump’s defense has focused on why Carroll did not publicly report the alleged rape at the time or get the attention of others in the store. Attorney Joe Tacopina repeatedly asked questions about why Carroll did not scream during the approximately 3-minute alleged attack in a Bergdorf Goodman dressing room, or even afterward. ‘I’m not a screamer,’ Carroll testified at the US District Court in Manhattan. ‘I was too much in panic to scream.’ ‘You can’t beat up on me for not screaming,’ she told the defense lawyer. ‘Women who don’t come forward, one of the reasons they don’t come forward is they are asked why they didn’t scream. Some women scream, some women don’t. It keeps women silent.’ Carroll added: ‘I’m telling you, he raped me whether I screamed or not. I don’t need an excuse for not screaming.’” [CNN, 4/27/23]
May 2, 2023: Author Birnbach Testified That Carroll Called Her Minutes After Trump Allegedly Sexually Assaulted Carroll And Described The Incident In Detail. According to Bloomberg, “One of E. Jean Carroll’s friends told a New York jury that the author called her within minutes of allegedly being sexually assaulted by Donald Trump to describe the incident in detail — a potentially crucial piece of evidence in Carroll’s civil lawsuit against the former president. Lisa Birnbach, an author known for her best-selling 1980 tome The Official Preppy Handbook, told jurors on Tuesday that Carroll called from her mobile phone to say Trump had just attacked her in a dressing room of the Bergdorf Goodman lingerie department after they decided on a whim to shop together. ‘Lisa, you’re not going to believe what happened to me,’ Birnbach recalled Carroll saying. She described Carroll as ‘breathless, hyperventilating, emotional’ during the phone call. ‘Her voice was doing all kinds of things.’” [Bloomberg, 5/2/23]
May 2, 2023: Jessica Leeds Testified That Trump Sexually Assaulted Her In The Late 1970s. According to CNN, “Jessica Leeds, a woman who has claimed Trump sexually assaulted her while sitting in first class on an airplane in the late 1970’s, also appeared Tuesday to testify. Leeds, now 81, said she found herself seated next to Trump when a stewardess offered her an empty seat in first class. She was ticketed for a seat in coach at the time. When she sat down, the man seated next to the window introduced himself as Donald Trump. The two shook hands, Leeds testified. After they ate the offered meal in first class, it was ‘all of a sudden’ that Trump tried to kiss and grope her, Leeds said. ‘There was no conversation. It was like out of the blue.’ ‘It was like a tussle,’ she said.” [CNN, 5/2/23]
Former People Magazine Reporter Stoynoff Testified That Trump Sexually Assaulted Her At Mar-a-Lago In 2005. According to Bloomberg, “A former People magazine journalist who covered Donald Trump testified that he sexually assaulted her at his Mar-a-Lago estate when she interviewed him for a 2006 story — a claim she first made public just before the 2016 presidential election he went on to win. Natasha Stoynoff recounted the alleged assault Wednesday as a witness in the trial of New York writer E. Jean Carroll’s lawsuit accusing Trump of raping her in a department store dressing room in 1996. Stoynoff’s voice wavered as she testified about visiting Mar-a-Lago in December 2005 with a crew of photographers to interview Trump and his family. She broke down in tears as she described how Trump offered to give her a personal tour of the mansion while his wife went to change clothes for another photo shoot, insisting she see one ‘tremendous’ room in particular. ‘I hear the door shut behind me, and by the time I turn around he has his hands on my shoulders and he pushes me against the wall and starts kissing me,’ Stoynoff told the jury.” [Bloomberg, 5/3/23]
May 3, 2023: Psychologist Dr. Lebowitz Testified That Carroll’s Behavior Was Not Inconsistent With The Trauma Carroll Said She Suffered. According to ABC News, “Earlier Wednesday, a psychologist testified that Carroll continued to shop at Bergdorf Goodman after the alleged attack because ‘she didn't feel that Bergdorf Goodman raped her.’ ‘She didn't blame the store. She blamed herself,’ said Dr. Leslie Lebowitz, who evaluated Carroll for the case. The defense suggested the fact that Carroll continued to shop at Bergdorf's, saved the dress she wore the evening of the alleged assault, and watched Trump's reality television show, ‘The Apprentice,’ were behaviors out of step with the deep trauma Carroll said she suffered. Lebowitz pushed back against the inference from the defense that Carroll's rape claim against Trump could not be true because she did not act like it actually happened.” [ABC News, 5/3/23]
Carroll’s Lawyers Played The “Access Hollywood” Tape During Stoynoff’s Testimony. According to the New York Times, “Ms. Stoynoff disclosed what had happened only to a few friends, she said. But more than a decade later, after the disclosure of the ‘Access Hollywood’ recording, in which Mr. Trump boasted in vulgar terms about grabbing women by the genitals, she said she felt ‘a combination of sick to my stomach’ and ‘relief.’ ‘Because I actually for the first time thought to myself, oh, he does this to a lot of women. It’s not just me.’ During Ms. Stoynoff’s appearance, Ms. Carroll’s lawyers played the recording for the jury.” [New York Times, 5/3/23]
May 3, 2023: Carroll’s Lawyers Played For The Jury Excerpts From Trump’s Deposition Video, Where He Called Carroll’s Rape Allegation “The Most Ridiculous, Disgusting Story”. According to the Associated Press, “Donald Trump called a writer’s claims that he raped her at a Manhattan department store ‘the most ridiculous, disgusting story,’ testifying in a deposition shown in court Wednesday that the allegations were ‘made up’ and that the assault never happened. Lawyers for accuser E. Jean Carroll played about 30 minutes of excerpts from the former president’s deposition, including his emphatic denial of the longtime advice columnist’s accusation that he attacked her in the mid-1990s in a Bergdorf Goodman dressing room.” [Associated Press, 5/4/23]
In The Deposition, Trump Justified His Statements On The “Access Hollywood” Tape. According to Politico, “In the deposition, conducted at Mar-a-Lago in October, Kaplan asked Trump about the ‘Access Hollywood’ tape, a recording from 2005 in which Trump can be heard saying, ‘When you’re a star, they let you do it. You can do anything,’ adding: ‘Grab them by the pussy. You can do anything.’ ‘Well, historically that’s true with stars,’ Trump replied after watching a clip of his comments. When Kaplan pressed him on whether he stood by the statement that a star could ‘grab them by the pussy,’ the former president said: ‘Well, I guess if you look over the last million years, that’s been largely true — not always true, but largely true, unfortunately or fortunately.’ ‘And you consider yourself to be a star?’ she asked. ‘I think so, yeah,’ Trump said.” [Politico, 5/4/23]
Trump Told Carroll’s Lawyer That “I Wouldn’t In Any Circumstances Have Any Interest In You.” According to Politico, “During the deposition, Kaplan questioned him about several other women who have accused him of sexual assault, women Trump has characterized as not being his ‘type.’ Growing belligerent, Trump told Kaplan herself that ‘you wouldn’t be a choice of mine, either, to be honest.’ He added: ‘I wouldn’t in any circumstances have any interest in you.’” [Politico, 5/4/23]
May 3, 2023: Trump’s Legal Team Said They Would Not Mount A Defense. According to ABC News, “Former President Donald Trump will not mount a defense in writer E. Jean Carroll's civil defamation and battery case against the former president, Trump's attorney said Wednesday before court resumed for the afternoon. […] Defense attorney Joe Tacopina told the judge he had decided not to call an expert witness that had been expected to testify for the defense. ‘We're not going to move forward,’ Tacopina told Judge Lewis Kaplan.” [ABC News, 5/3/23]
May 4, 2023: Former TV News Anchor Martin Said Carroll Told Her Of Trump’s Attack Shortly After It Happened, But Advised Carroll Not To Go Public. According to USA Today, “Carol Martin, a former television news anchor and a long-time friend of Carroll, testified that she spoke about the attack by Trump with her shortly after it happened. ‘I believed it then, and I believe it today,’ Martin said Martin said she told Carroll not to go public at the time because Trump and his attorneys would ‘bury’ her.” [USA Today, 5/4/23]
Sociologist Humphreys Testified That The Damages To Carroll’s Reputation Were Between $368,000 And $2.76 Million. According to USA Today, “The jury on Thursday also heard from Ashlee Humphreys, a Northwestern University sociologist who estimated that Trump's social media and verbal attacks on Carroll caused between $368,000 and $2.76 million in damages to Carroll’s reputation.” [USA Today, 5/4/23]
Former Editor-In-Chief Of Elle Magazine Myers Testified That Carroll Was A “Truth Teller” And Loved By Her Readers. According to ABC News, “The final witness was Roberta Myers, the former editor-in-chief of Elle magazine, who called Carroll a ‘truth teller’ and spoke to the popularity of her advice column. ‘They loved her. The readers loved her,’ Myers said. Carroll lost her column after going public with her rape claim against Trump in 2019, and testified earlier about what that cost her both financially and emotionally.” [ABC News, 5/4/23]
May 4, 2023: Carroll And Trump Rested Their Cases. According to the Washington Post, “E. Jean Carroll’s lawyers on Thursday rested their case in the civil lawsuit brought against Donald Trump, who she said raped her in a Manhattan department store in the mid-1990s. Both sides in the trial rested on Thursday and are expected to deliver their closing arguments early next week, with the case then being put in the nine-member jury’s hands. Carroll sued Trump last year for battery and defamation, and she is seeking unspecified damages in the case. Trump has denied her allegations and called her a liar.” [Washington Post, 5/4/23]
May 7, 2023: Trump Declined Final Opportunity To Testify At Trial. According to the Associated Press, “Former President Donald Trump rejected his last chance Sunday to testify at a civil trial where a longtime advice columnist has accused him of raping her in a luxury department store dressing room in 1996. Trump, a Republican candidate for president in 2024, was given until 5 p.m. Sunday by U.S. District Judge Lewis A. Kaplan to file a request to testify. Nothing was filed.” [Associated Press, 5/7/23]
May 8, 2023: Attorneys Made Closing Arguments In The E Jean Carroll Trial. According to CNN, “E. Jean Carroll’s civil battery and defamation trial against Donald Trump neared a close Monday with closing arguments as her attorney told a federal jury in New York that no one is above the law, while Trump’s lawyer said not to hold any negative feelings about the former president against him.” [CNN, 5/8/23]
May 9, 2023: Trump Was Found Liable For The Sexual Abuse Of E. Jean Carroll. According to the New York Times, “A Manhattan jury on Tuesday has found former President Donald J. Trump liable for the sexual abuse of the magazine writer E. Jean Carroll in a widely watched civil trial that sought to apply the accountability of the #MeToo era to a dominant political figure.” [New York Times, 5/9/23]
The Jury Found That Trump Defamed Carroll. According to the New York Times, “The federal jury of six men and three women also held Mr. Trump, 76, liable for defaming Ms. Carroll when he posted a statement on his Truth Social website in October, calling her case ‘a complete con job’ and ‘a Hoax and a lie.’” [New York Times, 5/9/23]
The Jury’s Verdicts Were Unanimous. According to the New York Times, “The jury’s unanimous verdicts came after three hours of deliberation in Federal District Court in Manhattan. Its findings are civil, not criminal, meaning Mr. Trump has not been convicted of any crime and faces no prison time.” [New York Times, 5/9/23]
The Jury Awarded Carroll $5 Million In Damages. According to the New York Times, “The jury awarded Ms. Carroll, 79, a total of $5 million in damages.” [New York Times, 5/9/23]
May 22, 2023: Carroll Filed A Notification In Federal Court To Seek Additional Damages From Trump After His Comments At A CNN Town Hall. According to the New York Times, “E. Jean Carroll, who this month won $5 million in damages from former President Donald J. Trump, is now seeking a ‘very substantial’ additional amount in response to his insults on a CNN program just a day after she won her sexual abuse and defamation case. Ms. Carroll’s filing Monday in Manhattan federal court seeks to intensify the financial pain for Mr. Trump. The jury in her civil case found him liable on May 9 for sexual abuse and defamation. It ordered him to pay Ms. Carroll, a former advice columnist and fixture in Manhattan’s media circles, $2 million for the sexual abuse and $3 million for the defamation.” [New York Times, 5/22/23]
June 13, 2023: A Federal Judge Allowed Carroll To Amend Her 2019 Lawsuit To Include Trump’s Town Hall Comments. According to CNN, “A federal judge will allow E. Jean Carroll to amend her original defamation lawsuit against former President Donald Trump to include comments he made at a CNN town hall. Carroll, a former magazine columnist, asked the judge for permission to amend the initial November 2019 lawsuit so she could try to seek additional punitive damages after Trump repeated statements a federal jury found to be defamatory.” [CNN, 6/13/23]
June 23, 2023: Trump Asked A Judge To Sign Off On An Agreement To Transfer $5.5 Million To A Court-Controlled Account As Part Of Satisfying The Judgement Against Him In The First E Jean Carroll Defamation Lawsuit. According to CNN, “Lawyers for Donald Trump asked a judge on Friday to sign off on an agreement with E. Jean Carroll’s attorneys to transfer $5.5 million to a court-controlled account in a step toward satisfying the judgment from the defamation lawsuit.” [CNN, 6/23/23]
May 11, 2023: Trump Filed A Notice Of Appeal In The 2nd Circuit Court Of Appeals. According to CNN, “Former President Donald Trump is appealing the $5 million judgment awarded by the Manhattan federal jury that found he sexually abused and defamed former magazine columnist E. Jean Carroll. Trump’s lawyers filed the notice of appeal in the 2nd US Circuit Court of Appeals on Thursday, hours after federal Judge Lewis Kaplan filed a written ruling endorsing the jury verdict and ordering Trump to pay Carroll the full sum. Kaplan presided over the civil trial in New York.” [CNN, 5/11/23]
June 5, 2023: Trump Moved To Dismiss Carroll’s Original Defamation Suit. According to the Associated Press, “A New York writer who won a $5 million jury verdict against ex-President Donald Trump can’t win a pending defamation lawsuit against him because the jury agreed with Trump that he never raped her, his lawyers told a judge Monday. The lawyers urged Judge Lewis A. Kaplan to reject columnist E. Jean Carroll’s bid to win $10 million or more in a second judgment by rewriting the 4-year-old lawsuit against Trump to conform with the findings of the jury that last month concluded Trump sexually abused Carroll but did not rape her. The lawsuit was filed after Carroll said in a 2019 memoir for the first time publicly that Trump attacked her in the dressing room of a midtown Manhattan Bergdorf Goodman department store dressing room in the mid-1990s.” [Associated Press, 6/6/23]
June 29, 2023; Judge Kaplan Rejected Trump’s Motion For Dismissal In Carroll’s Original Defamation Lawsuit. According to CNN, “A federal judge denied Donald Trump’s motion to dismiss E. Jean Carroll’s defamation lawsuit, finding the former president’s legal arguments are ‘without merit.’” [CNN, 6/29/23]
July 28, 2023: Trump Sought To Delay The Second Carroll Defamation Trial While He Appealed The Decision Not To Dismiss The Case. According to the New York Post. “Donald Trump is asking a judge to put E. Jean Carroll’s pending defamation suit against him on hold until an appeals court decides on his bid to have her suit tossed out. The embattled former president — who was found liable for sexual abuse and other defamation claims involving Carroll in May — still faces the ‘Ask E. Jean’ advice columnist’s original defamation lawsuit alleging that Trump, 77, defamed her in 2019 when she went public with her accusations. Trump last month lost his attempt to have Carroll’s pending lawsuit dismissed, so he is now asking Manhattan federal Judge Lewis Kaplan to pause the case while he appeals the judge’s ruling.” [New York Post, 7/28/23]
August 18, 2023: Judge Kaplan Ruled Trump’s Appeal Of The Decision To Not Dismiss Carroll’s Defamation Lawsuit Was “Frivolous.” According to Reuters, “A U.S. judge on Friday declared that Donald Trump had filed a ‘frivolous’ appeal from his decision not to dismiss the first of writer E. Jean Carroll's two defamation lawsuits against the former U.S. president.” [Reuters, 8/18/23]
August 18, 2023: Judge Kaplan Denied Trump’s Bid To Delay The Trial While Going Through The Appeal Process. According to Reuters, “U.S. District Judge Lewis Kaplan in Manhattan also denied Trump's bid to delay the case while he appeals. A trial is scheduled for Jan. 15, 2024.” [Reuters, 8/18/23]
June 8, 2023: Trump Asked For Either A New Trial Or A Reduction In Damages In The E Jean Carroll Suit. According to Bloomberg, “Former President Donald Trump asked a judge to grant him a new trial in the sexual assault and defamation suit filed against him by New York author E. Jean Carroll — or to sharply reduce the $5 million damages he was ordered to pay. In a Thursday filing in Manhattan federal court, Trump said the May 9 jury award was ‘grossly excessive’ because the panel found him liable for sexual abuse but not rape. ‘Such abuse could have included groping Plaintiff’s breasts through clothing or similar conduct, which is a far cry from rape,’ Trump’s lawyer Joe Tacopina argued in the filing.” [Bloomberg, 6/8/23]
June 22, 2023: Carroll Opposed Trump’s Motion For A New Trial, Calling It “Magical Thinking.” According to Reuters, “Donald Trump's push for a new trial in the civil case in which a Manhattan jury last month found the former U.S. president had sexually abused and defamed the writer E. Jean Carroll is ‘magical thinking,’ Carroll's lawyers said on Thursday. Trump, the front-runner for the 2024 Republican presidential nomination, on June 8 asked for a new trial after the jury awarded Carroll $5 million. Trump said the damages were excessive because the jury did not find Carroll was raped and because the alleged conduct did not cause her a diagnosed mental injury. In court papers filed Thursday in opposition to Trump's request, Carroll's lawyers maintained that the attack has harmed her ability to have romantic and sexual relationships, and that she has suffered intrusive memories. They pointed to a psychologist's testimony at trial that Carroll had some symptoms of post-traumatic stress disorder. ‘Trump's motion is nothing more than his latest effort to obfuscate the import of the jury's verdict by engaging in his own particular Trump-branded form of magical thinking,’ her lawyers wrote.” [Reuters, 6/22/23]
June 28, 2023: Trump Countersued E Jean Carroll For Defamation. According to the New York Times, “Former President Donald J. Trump, who has been found liable for sexually abusing and defaming the writer E. Jean Carroll, has countersued, accusing her of defaming him in turn by repeating her contention that he had raped her.” [New York Times, 6/28/23]
July 11, 2023: Carroll Called Trump’s Countersuit “Satire” In Court Filing Asking A Judge To Dismiss The Claim With Prejudice. According to Reuters, “The writer E. Jean Carroll, who convinced a jury that Donald Trump owed her $5 million for sexually abusing and defaming her, asked a judge to dismiss the former U.S. president's countersuit that she defamed him by repeating her claim that he raped her. In a Tuesday court filing in Manhattan, Carroll's lawyers called Trump's countersuit his latest effort to ‘spin’ his trial loss by claiming she caused him ‘significant’ harm by implying in a post-trial interview that the assault was also a rape. ‘Here in federal court, where logic and reason rather than satire prevail, it is clear that Trump's new counterclaim for defamation should be dismissed with prejudice,’ wrote Roberta Kaplan, a lawyer for Carroll, a former Elle magazine columnist.” [Reuters, 7/11/23]
August 7, 2023: A Judge Dismissed Trump’s Countersuit Against E Jean Carroll. According to the New York Times, “A federal judge on Monday dismissed a countersuit by former President Donald J. Trump against E. Jean Carroll, the writer whom he was found liable for sexually abusing and defaming after a civil trial in Manhattan this year.” [New York Times, 8/7/23]
Judge Kaplan Wrote That “It Accordingly Is The ‘Truth,’ As Relevant Here, That Mr. Trump Digitally Raped Ms. Carroll.” According to Bloomberg, “In dismissing the claim Monday, US District Judge Lewis Kaplan in Manhattan said the jury’s finding that Trump penetrated Carroll with his finger was close enough to rape to justify her use of the word. ‘Indeed, the finding of digital rape is essential to support the size of jury’s damages award on the battery claim — over $2 million,’ Kaplan wrote. ‘It accordingly is the ‘truth,’ as relevant here, that Mr. Trump digitally raped Ms. Carroll.’” [Bloomberg, 8/7/23]
August 10, 2023: Trump Appealed Decision Dismissing His Defamation Claim Against Carroll. According to Reuters, “Donald Trump on Thursday appealed a judge's dismissal of his claim that the writer E. Jean Carroll defamed him by accusing him of rape, after a jury awarded her $5 million for defamation and sexual abuse but not rape. The former president asked the federal appeals court in Manhattan to overturn an Aug. 7 decision by U.S. District Judge Lewis Kaplan that also rejected some of his defenses in a second defamation lawsuit by Carroll.” [Reuters, 8/10/23]
The Department Of Justice Said Trump Should Not Be Immune From Carroll’s Federal Defamation Lawsuit
July 11, 2023: The Department Of Justice Reversed Their Legal Position And Said Trump Was Not Entitled To Immunity From Carroll’s Defamation Lawsuit. According to Politico, “The Justice Department on Tuesday said former President Donald Trump should not be immune from a defamation lawsuit over comments he made about the writer E. Jean Carroll while he was president. The new court filing — which reverses a legal position first adopted under Trump and then maintained under President Joe Biden — paves the way for the lawsuit to proceed to trial in January. It would be the second time Trump has faced Carroll in court in less than a year.” [Politico, 7/11/23]
September 6, 2023: Judge Kaplan Ruled That The Second Defamation Suit Would Only Concern Damages Since Trump Was Already Found Liable In The First Suit. According to Reuters, “A federal judge on Wednesday said the writer E. Jean Carroll's second defamation trial against Donald Trump will be limited to damages only, in a defeat for the former U.S. president. Carroll accused Trump of defaming her by denying in June 2019 that he had raped her in a Manhattan department store dressing room in the mid-1990s. U.S. District Judge Lewis Kaplan in Manhattan said a May jury verdict awarding Carroll $5 million after Trump defamed her in Oct. 2022 established that he made his 2019 statements with ‘actual malice,’ leaving only the issue of how much he should pay in damages.” [Reuters, 9/6/23]
September 13, 2023: A Federal Appeals Court Rejected Trump’s Request To Stay The Upcoming Defamation Trial. According to ABC News, “A federal appeals court on Wednesday denied former President Donald Trump’s attempt to stay the 2019 defamation lawsuit brought by writer E. Jean Carroll. The lawsuit by the former Elle magazine columnist is scheduled to go to trial on Jan. 15. It alleges that Trump defamed her in 2019 when he said she was "not my type" and accused her of having a political and financial motive when he denied her claim that he raped her in a Manhattan department store dressing room in the 1990s.” [ABC News, 9/13/23]
The 2nd Circuit Court Of Appeals Said They Would Expedite Trump’s Appeals. According to Reuters, “A federal appeals court on Wednesday rejected Donald Trump's bid to put the writer E. Jean Carroll's second defamation case on hold, but sped up the former U.S. president's appeal. Trump is appealing U.S. District Judge Lewis Kaplan's June 29 refusal to dismiss Carroll's lawsuit, and Aug. 7 dismissal of some of his defenses and a defamation counterclaim against the former Elle magazine columnist. The 2nd U.S. Circuit Court of Appeals in Manhattan combined the appeals and will hear them on an expedited basis, with oral arguments possible by late October. A trial is scheduled for Jan. 15, 2024.” [Reuters, 9/13/23]
January 15, 2024: Carroll’s 2nd Defamation Trial Against Trump Scheduled To Begin. According to the Washington Post, “A federal judge in New York on Thursday scheduled E. Jean Carroll’s remaining defamation lawsuit against former president Donald Trump for trial in early 2024, writing in a brief order that unless the case has been ‘entirely disposed of’ before then, the trial will begin Jan. 15.” [Washington Post, 6/15/23]
February 16, 2021: Representative Bennie Thompson Sued Trump Over Inciting The January 6th Attack On The Capitol. According to the Associated Press, “A Democratic congressman accused Donald Trump in a federal lawsuit on Tuesday of inciting the deadly insurrection at the U.S. Capitol and of conspiring with his lawyer and extremist groups to try to prevent the Senate from certifying the results of the presidential election he lost to Joe Biden. The lawsuit from Mississippi's Rep. Bennie Thompson, chairman of the House Homeland Security Committee, is part of an expected wave of litigation over the Jan. 6 riot and is believed to be the first filed by a member of Congress. It seeks unspecified punitive and compensatory damages. The case also names as defendants the Republican former president's personal lawyer Rudy Giuliani and groups including the Proud Boys and the Oath Keepers, extremist organizations that had members charged by the Justice Department with taking part in the siege.” [Associated Press, 2/26/21]
March 5, 2021: Representative Eric Swalwell Sued Trump For Violating Civil Rights Laws By Inciting The January 6 Attack On The Capitol. According to NBC News, “A Democratic congressman who helped argue the House impeachment case against former President Donald Trump filed a lawsuit against him in federal court Friday, seeking to turn those allegations into a civil case. Rep. Eric Swalwell, a Democrat from California, accused Trump, Donald Trump Jr, Rudolph Giuliani, and Rep. Mo Brooks, R-Ala., of violating federal civil rights laws and local incitement laws. All spoke at a rally near the White House on January 6 before members of the crowd moved on to the Capitol.” [NBC News, 3/5/21]
March 31, 2021: Two Capitol Police Officers, James Blassingame And Sidney Hemby, Sued Trump For Inciting The January 6 Attack On The Capitol. According to NPR, “Two U.S. Capitol police officers are suing former President Donald Trump, for allegedly inciting the riots that took over the Capitol building Jan. 6. Officers James Blassingame and Sidney Hemby argue in court documents reviewed by NPR that Trump is responsible for the physical and emotional injuries the officers received following the violent riots at the Capitol. The insurrection resulted in the death of five people. The lawsuit details the violence Blassingame and Hemby faced during the Jan. 6 attack, as well as the physical and emotional toll they continue to deal with. Lawyers for the officers argue Trump's repeated false claims over several months that the 2020 presidential election could be stolen or was eventually ‘rigged’ motivated the eventual insurrectionists. Trump ‘inflamed, encouraged, incited, directed, and aided and abetted’ the ‘insurrectionist mob’ to force its way into the Capitol building to stop the certification of the election on Jan. 6. The mob ‘forced its way over and past the plaintiffs and their fellow officers, pursuing and attacking them inside and outside the United States Capitol, and causing the injuries.’” [NPR, 3/31/21]
August 26, 2021: Seven U.S. Capitol Police Officers Sued Trump Over The January 6 Attack On The Capitol. According to CNN, “Seven US Capitol Police officers are suing former President Donald Trump, Stop the Steal rally organizers and members of far-right extremist groups, accusing them of spreading lies, using White supremacist sentiments to attempt to overthrow the 2020 election, and ultimately bearing responsibility for the riot that injured more than 140 officers on January 6. ‘Plaintiffs and their fellow law enforcement officers risked their lives to defend the Capitol from a violent, mass attack — an attack provoked, aided, and joined by Defendants in an unlawful effort to use force, intimidation, and threats to prevent Congress from certifying the results of the 2020 Presidential election,’ says the lawsuit, which was filed Thursday in US District Court for the District of Columbia.” [CNN, 8/26/21]
January 5, 2022: Three Police Officers Filed Two Lawsuits Against Trump Alleging Wrongful Conduct In Inciting A Riot On January 6. According to CBS News, “Three more law enforcement officers are suing former President Trump in two separate lawsuits over his words and actions leading up to the January 6, 2021, assault on the Capitol. Two Metropolitan Police officers and one Capitol Police officer have filed separate lawsuits, alleging wrongful conduct in inciting a riot as his followers tried to overturn the results of the 2020 presidential election. Both lawsuits were filed in D.C. federal court Tuesday, two days before the one-year anniversary of the Capitol assault. ‘Trump's words and conduct leading up to and on January 6, 2021, and his ratification through silence when words and action were necessary, and his further ratification by direct praise of the rioters, as set forth herein, demonstrated a willful and wanton disregard for and a reckless indifference to Bobby Tabron and DeDivine K. Carter's safety and that of their fellow officers,’ reads the complaint from Metropolitan Police officers Bobby Tabron and DeDevine Carter.” [CBS News, 1/5/22]
February 18, 2022: Federal Judge Rejected Trump’s Claim Of Absolute Immunity And Said Lawsuits Against Trump Could Continue. According to the Washington Post, “A federal judge on Friday sweepingly rejected former president Donald Trump’s claim of ‘absolute immunity’ from lawsuits accusing him of inciting the violent Jan. 6, 2021, Capitol riot, finding that there was evidence to plausibly suggest that he engaged in a conspiracy with organized groups to intimidate Congress into overturning the results of the 2020 election. In a searing, 112-page opinion that quoted repeatedly and at length from the former president’s own public statements, U.S. District Judge Amit P. Mehta refused to dismiss three lawsuits against Trump by Democratic House members and police officers seeking damages for physical and emotional injuries they incurred in the assault. The judge did or said he would drop as defendants Donald Trump Jr., attorney Rudolph W. Giuliani and Rep. Mo Brooks (R-Ala.), who joined Trump in addressing rallygoers at the Ellipse before they marched to the Capitol that day. However, Mehta said Trump’s own words and conduct in falsely alleging a ‘stolen’ election were not immune on separation-of-powers grounds because they served only his personal aim of retaining office, falling beyond the ‘outer perimeter’ of a president’s official responsibilities. ‘The President’s actions here do not relate to his duties of faithfully executing the laws, conducting foreign affairs, commanding the armed forces, or managing the Executive Branch. They entirely concern his efforts to remain in office for a second term. These are unofficial acts,’ Mehta wrote.” [Washington Post, 2/18/22]
December 7, 2022: The D.C. Circuit Court Of Appeals Heard Arguments On Whether Trump Could Be Held Liable For Damages Caused By The January 6 Attack On The Capitol. According to the Washington Post, “A federal appeals court on Wednesday debated whether Donald Trump can be forced to pay damages for his role in the Jan. 6, 2021, riot at the U.S. Capitol to lawmakers and police officers injured by the mob.” [Washington Post, 12/7/22]
January 26, 2023: Federal Judge Rejected Trump’s Effort To Dismiss Lawsuit Over Liability For January 6. According to Law & Crime, “Former President Donald Trump failed to dismiss another — and more massive — complaint in a growing pile of federal lawsuits seeking to hold him liable for the events of Jan. 6, 2021. ‘What is unique about this case is the number and type of named defendants,’ U.S. District Judge Amit Mehta‘s ruling on Thursday states. ‘The earlier actions focused mainly on former President Donald J. Trump and attempted to hold him liable for the events of January 6th. Those actions included a few individual defendants and some groups.’” [Law & Crime, 1/27/23]
March 2, 2023: The Department Of Justice Concluded Trump Was Not Entitled To Absolute Immunity Resulting From The January 6th Attack On The Capitol. According to Bloomberg, “The Justice Department says Donald Trump is not entitled to absolute immunity against civil lawsuits seeking to hold him liable for the attack on the US Capitol on Jan. 6 because he’s accused of inciting ‘imminent private violence.’” [Bloomberg, 3/2/23]
January 5, 2023: The Estate Of Capitol Police Officer Brian Sicknick, Who Died The Day After Defending The Capitol During The January 6 Attack, Filed A Wrongful Death Suit Against Trump. According to the Wall Street Journal, “The estate of Capitol Police Officer Brian Sicknick, who died a day after defending the Capitol during the Jan. 6, 2021, attack, sued Donald Trump on Thursday alleging that the officer’s death resulted from the former president’s ‘incendiary’ rhetoric and false claims that the 2020 election was stolen. In a 47-page lawsuit, lawyers for Mr. Sicknick’s estate said Mr. Trump ‘intentionally riled up the crowd and directed and encouraged a mob to attack the U.S. Capitol and attack those who opposed him.’ The lawsuit cited Mr. Trump’s speech at the Ellipse earlier that day, in which he urged a crowd of supporters to ‘fight like hell’ and march to the Capitol. ‘As a direct and foreseeable consequence of Defendant Trump’s false and incendiary allegations of fraud and theft, and in direct response to Defendant Trump’s express calls for violence at the rally, a violent mob attacked the U.S. Capitol,’ the lawsuit said.” [Wall Street Journal, 1/5/23]
Judge Mehta Was Assigned The Case. According to Kyle Cheney of Politico, “The lawsut filed by Brian SICKNICK's partner, Sandra Garza, has been assigned to Judge MEHTA and linked to a series of other lawsuits that are pending currently at the Appeals Court.” [Twitter - @kylecheney, 1/6/23]
August 14, 2023: Trump Asked A Judge To Pause A Civil Lawsuit Against Him Which Sought To Hold Him Liable For The Violence On January 6. According to Bloomberg, “Donald Trump asked a judge to pause a civil lawsuit seeking to hold him liable for the violence at the US Capitol on Jan. 6, 2021 — specifically, the death of a US Capitol Police officer — now that he’s facing criminal charges related to the attack. In a Monday court filing, the former president’s lawyers argued that the criminal indictment ‘substantially overlaps’ with the civil case. Having both go forward ‘would undoubtedly compromise either his right to defend himself in this case, his criminal defense, or both,’ his attorneys said.” [Bloomberg, 8/14/23]
Officer Sicknick’s Partner, Who Brought The Lawsuit, Said She Would Oppose The Request. According to Bloomberg, “A lawyer for Sandra Garza, who brought the case on behalf of the estate of her late partner Officer Brian Sicknick, said they would oppose Trump’s request, calling it ‘nothing more than a delay tactic.’ ‘There is no legitimate reason that both proceedings cannot continue on parallel paths, especially since no discovery has yet been initiated in the civil case. At the end of the day, all we need to prove is that a preponderance of the evidence demonstrates Trump’s liability for the death of US Capitol Police Officer Brian Sicknick and we do not need a guilty criminal verdict to do so,’ attorney Mark Zaid said in a statement.” [Bloomberg, 8/14/23]
March 24, 2022: Trump Sued Hillary Clinton, The Democratic National Committee, And Others For An Alleged Conspiracy Over Russian Collusion With Trump In The 2016 Campaign. According to NPR, “Former President Donald Trump has filed a sweeping RICO lawsuit against Hillary Clinton, the Democratic National Committee and others, alleging that they ‘maliciously conspired to weave a false narrative that [Trump] was colluding with a hostile foreign sovereignty [Russia]’ to try and rig the 2016 election. ‘The Defendants, blinded by political ambition, orchestrated a malicious conspiracy to disseminate patently false and injurious information about Donald J. Trump and his campaign, all in the hopes of destroying his life, his political career and rigging the 2016 Election in favor of Hillary Clinton,’ Trump's lawyers say in a 108-page lawsuit filed in Florida. ‘When their gambit failed, and Donald J. Trump was elected, the Defendants' efforts continued unabated, merely shifting their focus to undermining his presidential administration.’ The lawsuit, which contains debunked claims, seeks a jury trial and compensatory damages. It says Trump, as a result of defendants' actions, has sustained losses of at least $24 million ‘and continuing to accrue, as well as the loss of existing and future business opportunities.’” [NPR, 3/24/22]
September 9, 2022: Federal Judge Dismissed Trump’s Suit, Calling It “Unsupported By Any Legal Authority.” According to CNN, “A federal judge has dismissed former President Donald Trump’s lawsuit against Hillary Clinton, the Democratic National Committee, several ex-FBI officials and more than two dozen other people and entities that he claims conspired to undermine his 2016 campaign by trying to vilify him with fabricated information tying him to Russia. US District Judge Donald Middlebrooks dismissed the lawsuit Thursday, saying ‘most of Plaintiff’s claims are not only unsupported by any legal authority but plainly foreclosed by binding precedent.’ ‘What (Trump’s lawsuit) lacks in substance and legal support it seeks to substitute with length, hyperbole, and the settling of scores and grievances,’ Middlebrooks, a Bill Clinton appointee, wrote.” [CNN, 9/9/22]
October 31, 2022: Clinton Requested Trump Pay Her Legal Fees And Impose Sanctions. According to The Hill, “Former Democratic presidential nominee Hillary Clinton is asking a federal court to order former President Trump to pay her legal fees over a suit he filed alleging she and others engaged in a conspiracy to undermine his 2016 campaign with accusations of Russian collusion. In a motion filed on Monday, Clinton’s attorneys cast Trump’s suit — which was dismissed by a federal trial court in September, a move the former president has appealed — as a ‘political stunt’ and argued it met the threshold for the court to impose sanctions. ‘A reasonable attorney would never have filed this suit, let alone continued to prosecute it after multiple Defendants’ motions to dismiss highlighted its fundamental and incurable defects,’ Clinton’s attorneys wrote.” [The Hill, 10/31/22]
November 10, 2022: Trump’s Lawyers Sanctioned $50,000 Plus The Legal Fees For One Of The Defense Attorneys. According to CNBC, “A federal judge Thursday sanctioned attorneys for former President Donald Trump to pay $50,000 as penalty for advancing a ‘frivolous’ lawsuit against a raft of Trump’s political enemies, including Hillary Clinton and the Democratic National Committee. Judge Donald Middlebrooks’ scathing order in Florida federal court suggested Trump’s lawyers had undermined the rule of law by pushing a political narrative in court ‘without factual basis or any cognizable legal theory.’ ‘Additional sanctions may be appropriate,’ the judge noted, after suggesting the lawyers’ behavior may require the ‘attention of the Bar and disciplinary authorities.’ The sanctions — which also require Trump’s lawyers to compensate a defense attorney’s legal fees — came two months after Middlebrooks had tossed out the suit, describing it as a ‘two-hundred-page political manifesto.’” [CNBC, 11/10/22]
January 19, 2023: Judge Middlebrooks Ordered Trump And His Attorney Habba To Pay Nearly $1 Million In Sanctions For Filing A Frivolous Lawsuit Against Nearly Three Dozen Entities. According to the New York Times, “In a scathing ruling, a federal judge in Florida on Thursday ordered Donald J. Trump and one of his lawyers together to pay nearly a million dollars in sanctions for filing a frivolous lawsuit against nearly three dozen of Mr. Trump’s perceived political enemies, including Hillary Clinton and the former F.B.I. director James B. Comey. The ruling was a significant rebuke of Mr. Trump, who has rarely faced such consequences in his long history of using the courts as a weapon against business rivals and partners, as well as former employees and reporters. […] The judge said Mr. Trump and the lawyer who filed the case for him, Alina Habba, and her firm, Habba Madaio & Associates, were to pay $937,989.39.” [New York Times, 1/19/23]
February 6, 2023: Trump Appealed Decision Imposing $1 Million In Sanctions On Him And His Attorney Alina Habba. According to CNBC, “Former President Donald Trump and one of his lawyers said Monday they are appealing nearly $1 million in sanctions imposed on them for what a federal judge called their ‘frivolous’ lawsuit against Hillary Clinton and more than two dozen other defendants. The court filing about the appeal came days after a lawyer for Trump and his attorney Alina Habba told the judge in the case they were willing to put up a bond of $1,031,788 to cover the costs of the sanctions while the federal Court of Appeals for the 11th Circuit considered the matter.” [CNBC, 2/6/23]
July 27, 2023: Trump Filed A Motion For An Indicative Ruling To Try To Revive His RICO Lawsuit Against Hillary Clinton, The Democratic National Committee, And Other People And Entities. According to CNN, “Thursday, Trump launched a Hail Mary bid – relying on the recent report from special counsel John Durham that criticized the FBI’s Trump-Russia probe – to revive the sprawling RICO lawsuit he filed against Hillary Clinton, Democratic National Committee, several ex-FBI officials and more than two dozen other people and entities. The move by US District Judge Donald Middlebrooks to dismiss the Trump lawsuit and to order sanctions against Trump lawyers involved in it was already on appeal at the 11th US Circuit Court of Appeals. But the Trump team is now attempting a maneuver known as a motion for an indicative ruling, which allows for a trial court to take back jurisdiction of a case that’s already on appeal in order to consider new evidence or other issues that hadn’t been appropriately resolved.” [CNN, 7/28/23]
Background
July 7, 2021: Trump Sued Twitter, Facebook, And YouTube In Florida Court. According to the Associated Press, “Former President Donald Trump has filed suit against three of the country’s biggest tech companies, claiming he and other conservatives have been wrongfully censored. But legal experts say the suits are likely doomed to fail, given existing precedent and legal protections. Trump announced the action against Facebook, Twitter and Google’s YouTube, along with the companies’ Mark Zuckerberg, Jack Dorsey and Sundar Pichai, at a press conference Wednesday in New Jersey, where he demanded that his accounts be reinstated. Trump has been suspended from the platforms since January, when his followers violently stormed the Capitol building, trying to block Congress from certifying Joe Biden’s presidential win. The companies cited concerns that Trump would incite further violence and have kept him locked out. All three declined comment Wednesday.” [Associated Press, 7/7/21]
October 27, 2021: Judge Ruled Trump’s Suit Must Be Held In California Due To The Forum Selection Clause. According to the Associated Press, “Former President Donald Trump’s lawsuit to get his Twitter account restored must be heard in a California court, not a Florida one, under a user agreement covering everyone on the social media platform, a federal judge ruled. U.S. District Judge Robert Scola in Miami rejected Trump’s contention that because his Twitter account was suspended during his last days as president the California court requirement did not apply to him. The requirement, known as a forum selection clause, was in force when Trump originally joined Twitter as a private citizen in 2009, Scola wrote in his order issued Wednesday. ‘First, Trump’s former status as the president of the United States does not preclude the application of the forum selection clause. Second, the forum selection clause is valid and mandatory,’ Scola wrote in a 13-page order.” [Associated Press, 10/27/21]
May 6, 2022: Federal Judge Dismissed Trump’s Suit. According to the Washington Post, “A California judge on Friday dismissed a lawsuit that Donald Trump filed against Twitter, the latest blow to the former president’s high-profile battles with major tech companies over their decisions to suspend his accounts in the fallout of the Jan. 6, 2021, attack on the U.S. Capitol. The lawsuit, which Trump initially filed last year in Florida along with suits targeting Google and Facebook, was viewed as part of a broader strategy to appeal to conservatives who have long argued that social media companies unfairly censor their viewpoints. The judge’s dismissal comes after Tesla and SpaceX founder Elon Musk announced his plans to buy Twitter, taking issue over content moderation decisions he views as limiting free speech — and raising speculation that Trump could return to the platform. In the ruling, U.S. District Judge James Donato rejected Trump’s argument that Twitter was operating as a ‘state actor’ when it suspended his account in January 2021, calling it not plausible. Trump had claimed that Twitter was constrained by the First Amendment’s restrictions on government limitations of free speech because it had acted in cooperation with government officials.” [Washington Post, 5/6/22]
November 14, 2022: Trump Appealed Decision To The 9th Circuit. According to Reuters, “Former U.S. President Donald Trump on Monday asked a U.S. appeals court to revive his lawsuit against Twitter Inc challenging his permanent suspension from the platform after his supporters attacked the U.S. Capitol on Jan. 6, 2021. Lawyers for Trump, a Republican, told the San Francisco-based 9th U.S. Circuit Court of Appeals in a filing that the ban from Twitter marked ‘overtly partisan censorship’ and was ‘contrary to First Amendment principles deeply rooted in American history and law.’ His lawsuit seeks compensatory and punitive damages and a court order requiring Twitter to ‘immediately reinstate’ his account that was permanently suspended on Jan. 8, 2021.” [Reuters, 11/14/22]
May 3, 2023: Trump Claimed In A Court Filing That Elon Musk’s Release Of Internal Files Showed That Trump Was Illegally Censored By Twitter. According to Bloomberg, “Donald Trump says Elon Musk’s release of internal files at Twitter Inc. show it was illegal censorship when he was banned on the platform for stoking the Jan. 6 insurrection. The ex-president said in a court filing Wednesday it’s not enough that Twitter, under the new ownership of Musk, welcomed him back onto the platform late last year — an invitation he so far has snubbed. He’s now asking the judge who threw out his legal challenge to the ban to reopen the lawsuit in light of ‘new evidence’ — and validate his claim that he never should have been kicked off two days after his supporters stormed the US Capitol.” [Bloomberg, 5/3/23]
Twitter Said The Dispute Was Moot Since Trump’s Account Was Reinstated. According to Bloomberg, “After Trump appealed Donato’s ruling, Twitter’s lawyers argued to the US Ninth Circuit Court of Appeals that the fight is moot because Musk reinstated Trump’s account.” [Bloomberg, 5/3/23]
October 29, 2018: A Class Action Suit Was Filed Against Trump For Fraud For Advertising On Behalf Of ACN. According to CNN, “President Donald Trump, his three eldest children and his company are accused in a class action lawsuit filed Monday in Manhattan federal court of using their brand to make millions by coaxing unsophisticated investors to participate in fraudulent schemes. Filed on behalf of four anonymous individuals, the lawsuit accuses the President and his children Eric, Donald Jr. and Ivanka Trump of promoting what they described as promising business opportunities with three companies in exchange for ‘secret’ payments: ACN Opportunity, a telecommunications marketing company; the Trump Network, a vitamin and health product marketing company; and the Trump Institute, a seminar program that ‘purported to sell Trump’s ‘secrets to success.’’ The suit claims that the Trumps in fact ‘deliberately misled’ consumers about the likely success of their investments. The 160-page lawsuit further claims the Trumps engaged in ‘a pattern of racketeering activity’ and ‘were aware that the vast majority of consumers would lose whatever money they invested in the business opportunities and training programs’ offered by the three companies. None of the three companies is named as a defendant.” [CNN, 10/29/18]
July 24, 2019: Federal Judge Ruled Lawsuit Against Trump And His Children For Promoting Sham Marketing Opportunities Could Proceed. According to Reuters, “A federal judge on Wednesday said U.S. President Donald Trump and his adult children must face part of a lawsuit alleging they used their family name to promote sham marketing opportunities, but dismissed racketeering claims at the center of the case. U.S. District Judge Lorna Schofield in Manhattan said the plaintiffs, including investors in a Trump-endorsed business called American Communications Network, could pursue state law-based claims of fraud, false advertising and unfair competition.” [Reuters, 7/24/19]
October, 2022: Trump Was Deposed In Lawsuit Concerning Failed Videophone Business. According to Bloomberg, “Lawyers for investors who claim they were defrauded by Donald Trump more than a decade ago finally got a chance to depose the former president about his marketing of a failed videophone venture on ‘Celebrity Apprentice,’ according to a person familiar with the matter. A New York judge had ordered Trump to sit for questions in the videophone case by Oct. 31, after a planned testimony date was derailed by Hurricane Ian and triggered a fierce war of words between lawyers for plaintiffs and Trump. The deposition, which occurred earlier this month, hadn’t been reported. It’s one of several depositions Trump has had to sit for recently. He was deposed in a separate case Wednesday for a defamation suit brought by New York author E. Jean Carroll. She alleges he raped her in a department store dressing room two decades ago and defamed her when he denied it. Trump, his company and his three oldest children were sued in 2018 by four investors who claim they were duped by Trump’s promotions into paying thousands of dollars to become independent sellers with ACN Opportunity LLC, which sold a doomed videophone device that the future US president touted as the next big thing. The clunky devices were made obsolete by smartphones.” [Bloomberg, 10/20/22]
May 19, 2023: Ivanka, Eric, And Donald Jr. Were Dropped As Defendants From The Lawsuit. According to Bloomberg, “Donald Trump won’t be joined by his children when he goes to trial in a civil suit alleging he ripped off viewers of his Celebrity Apprentice TV show for years by pitching investments in a doomed desktop videophone — a device he insisted was the next big thing. Former Trump fans who filed the suit five years ago voluntarily dropped Donald Trump Jr., Eric Trump and Ivanka Trump as defendants to streamline the dispute ahead of a trial set for January, according to a stipulation between the parties signed Friday by the judge overseeing the case.” [Bloomberg, 5/19/23]
January 29, 2024: Trial Date Set. According to Law & Crime, “Roughly six years after its initial filing, a federal lawsuit accusing Donald Trump and his family of promoting a pyramid scheme will finally go to trial — right at the start of a presidential election year. U.S. District Judge Lorna G. Schofield formally set a trial date in the case for Jan. 29, 2024, a date earlier than the former president had hoped for but later than his challengers would have wanted.” [Law & Crime, 12/14/22]
October 3, 2022: Trump Sued CNN For $475 Million For Defamation Because Of Their Use Of The Term “Big Lie” Regarding Trump’s Claim Of Election Fraud In 2020. According to PBS, “Former President Donald Trump on Monday sued CNN, seeking $475 million in damages, saying the network had defamed him in an effort to short-circuit any future political campaign. The lawsuit, filed in U.S. District Court in Fort Lauderdale, Florida, focuses primarily on the term ‘The Big Lie’ about Trump’s false claims of widespread fraud that he says cost him the 2020 presidential election to Joe Biden. There was no immediate comment from CNN. Trump repeatedly attacked CNN as president, which resonated with his conservative followers. He has similarly filed lawsuits against big tech companies with little success. His case against Twitter for knocking him off its platform following the Jan. 6, 2021, U.S. Capitol insurrection was thrown out by a California judge earlier this year.” [PBS, 10/3/22]
June 16, 2023: Citing “Irreconcilable Differences,” Trump Lawyer Trusty Withdrew From CNN Defamation Lawsuit. According to Politico, “Former President Donald Trump’s attorney Jim Trusty, who withdrew from representing Trump in a pair of federal criminal probes last week, pulled out of yet another Trump legal matter Friday, citing ‘irreconcilable differences’ with the former president. In a filing with the U.S. District Court of Southern Florida, Trusty indicated his intention to withdraw from Trump’s pending defamation lawsuit against CNN. The longshot lawsuit, which Trump filed last October, accuses the network of maligning him as a ‘‘racist,’ ‘Russian lackey,’ ‘insurrectionist,’ and ultimately ‘Hitler.’ ‘Mr. Trusty’s withdrawal is based upon irreconcilable differences between Counsel and Plaintiff and Counsel can no longer effectively and properly represent Plaintiff,’ Trusty wrote in the filing, which he signed.” [Politico, 6/16/23]
July 28, 2023: Judge Dismissed Trump’s $475 Million Defamation Lawsuit Against CNN. According to Politico, “A federal judge late Friday dismissed Donald Trump’s $475 million defamation lawsuit against CNN, in which the former president argued that the cable network’s statements about his false 2020 election fraud claims likened him to Adolf Hitler.” [Politico, 7/29/23]
Judge Singhal Ruled That The Statements Made Were Opinion And Thus Not Subject To Defamation. According to Politico, In the lawsuit, Trump’s team argued that CNN writers and television anchors’ use of the phrase the “Big Lie,” in five specific incidents, incited “readers and viewers to hate, contempt, distrust, ridicule, and even fear” him. But U.S. District Judge Raag Singhal, who Trump appointed in 2019, reasoned that because all of CNN’s statements were opinion, Trump could not legally sue the network for defamation.” [Politico, 7/29/23]
December 13, 2022: Trump Filed A Lawsuit Against The Pulitzer Prize Board For Defamation For Awarding Prizes To “Now-Debunked” Reporting On Trump’s Ties To Russia. According to Fox News, “Former President Trump filed a defamation lawsuit on Tuesday against the Pulitzer Prize Board over the 2018 National Reporting prizes given to The New York Times and Washington Post for coverage of ‘now-debunked theory’ of alleged collusion between the Trump campaign and Russia. Trump’s suit, filed Tuesday in Okeechobee County, Florida, was obtained by Fox News Digital. It states that a ‘demonstrably false connection was and remains the stated basis’ for the coverage that received the prestigious award.” [Fox News, 12/13/22]
November 2017: Jessica Denson Sued The 2016 Trump Campaign For Harassment And Defamation. According to Bloomberg, “Denson sued in state court in November 2017 seeking $25 million in damages for the alleged harassment and defamation. The Trump campaign then made a $1.5 million arbitration claim, saying Denson had breached the confidentiality and non-disparagement obligations of the NDA.” [Bloomberg, 7/23/19]
Trump Claimed That Denson Violated A Nondisclosure Agreement And Sought $1.5 Million In Damages. According to Bloomberg, “Denson sued in state court in November 2017 seeking $25 million in damages for the alleged harassment and defamation. The Trump campaign then made a $1.5 million arbitration claim, saying Denson had breached the confidentiality and non-disparagement obligations of the NDA.” [Bloomberg, 7/23/19]
March 26, 2018: Denton Sued To Void A Nondisclosure Agreement. According to NBC News, “A Los Angeles woman who worked for President Donald Trump’s campaign has filed a federal lawsuit in Manhattan to void a confidentiality agreement she signed, claiming the agreement has been ‘weaponized’ to silence her allegations of discrimination. Jessica Denson, a journalist and actress, said in court documents filed on March 26 that she was consistently disparaged and sexually and verbally harassed by her supervisor while working for the campaign as a phone bank administrator and later as the Hispanic outreach coordinator.” [NBC News, 4/2/18]
July 23, 2019: Trump 2016 Campaign Awarded $52,230 For Breach Of Nondisclosure Agreement. According to Bloomberg, “Donald Trump’s presidential campaign was awarded $52,230 in a dispute with a former campaign staffer over her breach of a non-disclosure agreement. Jessica Denson, a Los Angeles-based actress who worked on Trump’s campaign in August 2016, sued in federal court to void her NDA in order to pursue a separate state lawsuit in which she claims she was harassed and defamed by her superiors.” [Bloomberg, 7/23/19]
February 6, 2020: New York Appeals Court Overturned Award. According to Bloomberg, “Donald Trump’s 2016 presidential campaign lost a court battle with a former staffer who allegedly violated a non-disclosure agreement by going public with claims she was harassed and defamed by her superiors. A New York appeals court on Thursday overturned an almost $50,000 arbitration award against the former worker, Jessica Denson, for breaching the NDA’s confidentiality and non-disparagement provisions by making her allegations in a lawsuit. Denson, a Los Angeles-based actress who worked on Trump’s campaign in August 2016, argued there was no way for her to challenge the validity of the broadly worded NDA without disclosing some factual allegations about the campaign. The court agreed.” [Bloomberg, 2/6/20]
March 30, 2021: Judge Gardephe Nullified The Nondisclosure Agreement. According to the New York Times, “An effort by former President Donald J. Trump’s campaign to silence a former campaign worker who claimed she was the target of abusive treatment and sexual harassment by another member of Mr. Trump’s campaign was effectively voided on Tuesday by a federal court judge in New York. Judge Paul G. Gardephe nullified a confidentiality agreement signed in 2016 by Jessica Denson, who had worked on Mr. Trump’s campaign that year as a phone bank supervisor and Hispanic outreach coordinator. Judge Gardephe concluded the agreement was ‘invalid and unenforceable.’” [New York Times, 3/30/21]
January 24, 2023: Former Trump Campaign Chief Executive Bannon Ordered To Testify. According to Bloomberg, “Donald Trump adviser Steve Bannon was ordered to testify under oath in a long-running sex-discrimination lawsuit against the former president’s 2016 campaign by a former staffer, who claims she was harassed by a male colleague who got angry when she was promoted.” [Bloomberg, 1/25/23]
January 30, 2023: Judge Ruled That Trump’s 2016 Campaign Must Disclose How Much They Would Pay To Settle Nondisclosure Agreement Lawsuit With Jessica Denson In Order To Finalize Deal. According to Bloomberg, “Former President Donald Trump’s 2016 campaign must disclose the amount of money it would pay to settle a long-running court fight with a former staffer over its nondisclosure agreements, if it wants to go ahead with the deal, a judge ruled. Lawyers for the Trump campaign and Jessica Denson reached a deal earlier this month to end the former worker’s challenge to the validity of agreements that staffers, volunteers, and contractors had to sign to work on Trump’s 2016 presidential bid.” [Bloomberg, 1/30/23]
February 24, 2023: Bannon Must Respond To A Subpoena For Documents. According to Bloomberg, “Bannon, who advised Trump during the campaign and in the White House, must respond to a subpoena for documents by Feb. 24 and sit for a virtual deposition by March 31 in the suit brought by Jessica Denson, a Los Angeles-based actor who worked on the campaign, a District of Columbia Superior Court judge ruled this week.” [Bloomberg, 1/25/23]
March 31, 2023: Bannon Must Sit For A Deposition. According to Bloomberg, “Bannon, who advised Trump during the campaign and in the White House, must respond to a subpoena for documents by Feb. 24 and sit for a virtual deposition by March 31 in the suit brought by Jessica Denson, a Los Angeles-based actor who worked on the campaign, a District of Columbia Superior Court judge ruled this week.” [Bloomberg, 1/25/23]
September 24, 2020: Mary Trump Sued Her Uncle, Donald Trump, Alleging That He Conspired To Defraud Her Of Tens Of Millions Of Dollars. According to Bloomberg, “President Donald Trump was sued by his niece Mary for allegedly conspiring with his brother and sister to defraud her of tens of millions of dollars using false documents and bogus loans. The suit filed Thursday by Mary Trump comes two months after the publication of her damning tell-all book about the family, which the president’s late brother, Robert Trump, failed to halt in court. Mary Trump’s suit, which focuses on the settlement of disputed wills, brings to light more potentially damaging allegations less than six weeks before the presidential election.” [Bloomberg, 9/24/20]
November 15, 2022: Mary Trump’s Suit Was Dismissed Because Trump Was Not Required To Be Truthful In 2001 Agreement. According to Bloomberg, “Former President Donald Trump won dismissal of a multi-million dollar fraud lawsuit filed by his niece, Mary, who accused him and his siblings of defrauding her of her minority share of the family business. A 2001 family settlement agreement in which Mary Trump cashed out of her inheritance ‘unambiguously’ waived her right to file any future claims against her famous uncle and aunt, former federal judge Maryanne Trump, according to a ruling Monday by New York Supreme Court Justice Robert Reed. Reed said the accord didn’t mandate the elder Trumps to be truthful. ‘The settlement did not require defendants to make true and correct representations to the plaintiff,’ the judge said. ‘If plaintiff did not wish to forego suing on fraud she might discover in the future, she could have insisted that the releases be conditioned on the truth and accuracy of the financial information provided by defendants.’” [Bloomberg, 11/15/22]
December 6, 2022: Mary Trump Asked The New York Court Of Appeals To Reinstate The Lawsuit Because The Judge Wrongfully Ignored Evidence. According to Bloomberg, “Donald Trump’s niece Mary asked a New York appeals court to reinstate a lawsuit that accused the former president and his siblings of cheating her out of her share of the family fortune. Mary Trump’s case was dismissed last month by a Manhattan judge who ruled she had ‘unambiguously’ waived her right to sue by signing a 2001 family settlement agreement to cash out her inheritance. In an appeal brief filed late Monday, she argued that the judge wrongfully ignored evidence that she signed the agreement under threat.” [Bloomberg, 12/6/22]
December 7, 2022: The Case Was Adjourned Until March 2023: According to Document Number 9, a Stipulation, in Mary L. Trump V. Donald J. Trump et al in the Appellate Division of the New York Supreme Court under index number 2022-05227, , “The above-captioned appeal is adjourned to the March 2023 Term of this Court.” [NY Court System – Case Number 2022-05227 – Document 9, 12/7/22] [NY State Court System, Case Number 2022-05227 – Docket, Accessed 2/3/23]
January 30, 2023: Trump Sued Bob Woodward, Publisher Simon & Schuster, And Schuster’s Parent Company Paramount Global For Almost $50 Million For Releasing An Audiobook Of Interviews Trump Did With Woodward. According to Bloomberg, “Former President Donald Trump is suing journalist Bob Woodward for releasing recordings of interviews that he gave to the journalist in 2019 and 2020, claiming he never agreed to those tapes being shared with the public. In a lawsuit filed Monday against Woodward, Simon & Schuster Inc., and the publisher’s parent company Paramount Global, Trump claimed that although he had given Woodward consent to record their conversations ‘for the sole purpose of a book,’ that didn’t extend to packaging those recordings as an audiobook. ‘This case centers on Mr. Woodward’s systematic usurpation, manipulation, and exploitation of audio of President Trump,’ Trump’s lawyers wrote. The complaint alleges violations of Trump’s copyright interests and accuses Woodward and the publisher of unjustly profiting from the tapes. Trump is seeking just under $50 million in damages, a figure his lawyers calculated assuming Woodward would sell two million copies of the audiobook at a download price of $24.99.” [Bloomberg, 1/30/23]
April 3, 2023: Woodward Moved To Dismiss Trump’s Lawsuit. According to Business Insider, “Attorneys for Woodward, his publisher, Simon & Shuster, and parent company Paramount say the case should just be thrown out. In a motion to dismiss, filed Monday, lawyers for the defendants note that the former president never filed his own copyright registration for the works in question. And, they argue, it would not even matter if he did because government employees simply cannot claim ownership of things they said to a journalist while in public office.” [Business Insider, 4/7/23]
June 2023: Trump Argued In A New Court Filing That His Lawsuit Against Woodward And Simon & Schuster Should Proceed. According to Publishers Weekly, “In a filing last week, lawyers for former president Donald Trump argued that Trump's $50 million copyright lawsuit against bestselling author Bob Woodward and publisher Simon & Schuster over the audiobook, The Trump Tapes: The Historical Record, should be allowed to proceed. First filed in January, then amended on April 24, the suit accuses Woodward of improperly turning his recorded voice interviews with Trump, gathered in connection with a series of interviews that were initially recorded for Woodward’s 2021 book Rage, into an audiobook. The suit seeks a declaratory judgment acknowledging Trump's ‘full copyright interest’ in the voice recordings. And based on some very murky math, the suit seeks ‘compensatory, punitive damages and disgorgement’ of ‘at least $49,980,000.’” [Publishers Weekly, 7/3/23]
August 2023: Judge Rogers Ruled That Trump’s Lawsuit Against Woodward Be Transferred To The Southern District Of New York. According to the Pensacola News Journal, “Amid former President Donald Trump's ever-growing legal trouble in various courts around the country, a Pensacola-based federal judge ruled Trump's $50 million copyright lawsuit against famed journalist Bob Woodward must be transferred to a New York court. Federal Judge M. Casey Rodgers ordered that the ‘venue in this district is 'wrong' and ‘improper’ earlier in August, saying Trump's lawsuit must continue in the Southern District of New York. ‘The clerk is directed to transfer this case to the United States District Court for the Southern District of New York as the court concludes that district is the most appropriate and convenient forum for the parties and witnesses and the one with the strongest connection to the dispute,’ the judge's order said.” [Pensacola News Journal, 8/31/23]
November 20, 2020: Trump And His Reelection Campaign Were Sued By A Group Of Michigan Voters Over Mass Voter Suppression. According to Politico, “A group of Michigan voters has sued Donald Trump and his reelection campaign, asserting the president’s legal challenges to the 2020 election violated the rights of Black voters. In a lawsuit filed in D.C. federal court Friday, the group alleged the Trump campaign is attempting mass voter suppression — particularly among Black voters — by pressuring election officials into not certifying the election results in their state.” [Politico, 11/20/20]
December 22, 2020: The Amended Complaint Included Alleging Trump Violated The Ku Klux Klan Act. According to Law & Crime, “Outgoing President Donald Trump’s post-election campaign of ‘intimidation and coercion of election officials and volunteers’ targets Black voters in violation of the Ku Klux Klan Act of the early Jim Crow era, civil right groups claim in a new complaint. Joining a lawsuit originally brought by the Detroit-based Michigan Welfare Rights Organization last month, the NAACP and three Black voters from the Motor City — Maureen Taylor, Nicole L. Hill and Teasha K. Jones — likened Trump and his campaign’s tactics to those of the white supremacist group. The original complaint only went so far as to accuse Trump of violating the Voting Rights Act of 1965.” [Law & Crime, 12/22/20]
April 1, 2022: Judge Sullivan Ruled That Trump Did Not Have To Face Allegations That He Violated The Voting Rights Act, But Withheld Decision On Whether Trump Violated The Ku Klux Klan Act. According to Law & Crime, “Donald Trump and the Republican party do not have to face allegations that they violated the Voting Rights Act in the 2020 presidential election, a federal judge ruled on Friday. The judge withheld ruling on whether Trump and the GOP must face claims that they violated the Ku Klux Klan Act, which for now survives intact. Trump and the RNC lost a separate motion to transfer the remaining litigation away from the Democratic stronghold jurisdiction of Washington, D.C.” [Law & Crime, 4/1/22]
November 28, 2022: Judge Sullivan Granted The NAACP’s Motion To Proceed With An Amended Complaint Against Trump. According to the NAACP’s Legal Defense Fund, “Yesterday, a federal court ruled in favor of the Legal Defense Fund (LDF) and its clients in Michigan Welfare Rights Organization, et. al. v. Donald J. Trump, et. al., a lawsuit alleging violations of the Voting Rights Act and another federal civil rights statute, 42 U.S.C. § 1985, by former President Trump, the Trump Campaign, and the Republican National Committee. LDF and co-counsel Jenner & Block represent the NAACP and the Michigan Welfare Rights Organization in this case. The Court’s ruling will allow LDF and co-counsel to proceed with filing a second amended complaint on behalf of the Plaintiffs. The Complaint alleges that former President Trump sought to prevent the counting and certification of legally cast ballots in an effort to overturn the will of the voters and ensure that then-President Trump remained in office despite losing the 2020 election. The Complaint further alleges that there is a substantial risk that President Trump, and the other Defendants, will engage in similar election subversion measures in the future, in violation of Plaintiffs’ federal civil rights.” [NAACP Legal Defense Fund, 11/29/22]
March 7, 2019: Former Trump Lawyer Cohen Sued The Trump Organization For $3.8 Million In Legal Fees. According to Reuters, “Michael Cohen, the former personal lawyer of U.S. President Donald Trump, on Thursday sued the Trump Organization, saying it reneged on its obligation to reimburse him for millions of dollars of legal fees and costs related to his work. In a complaint filed in the New York state supreme court in Manhattan, Cohen said the Trump Organization stopped paying him last May after it became clear he would cooperate with various probes into his work. These include Special Counsel Robert Mueller’s investigation of Russian influence in the 2016 U.S. presidential election, as well as multiple congressional probes. Cohen said the Trump Organization owes him at least $3.8 million (£2.9 million), and its failure to pay breached a reimbursement agreement that predated his cooperation.” [Reuters, 3/7/19]
November 12, 2021: New York Judge Joel Cohen Dismissed Suit. According to CNN, “In another win for Trump on Friday, New York Judge Joel Cohen granted Trump’s motion to dismiss Michael Cohen’s 2019 lawsuit against his company. ‘Mr. Cohen’s legal fees arise out of his (sometimes unlawful) service to Mr. Trump personally, to Mr. Trump’s campaign, and to the Trump Foundation, but not out of his service to the business of the Trump Organization, which is the only defendant in this case,’ Judge Cohen wrote in his order.” [CNN, 11/12/21]
November 16, 2022: New York Appeals Court Unanimously Overturned The Trial Judge And Allowed Cohen To Sue The Trump Organization. According to ABC News, “Former President Donald Trump's onetime personal lawyer and fixer Michael Cohen can sue the Trump Organization to cover millions of dollars in legal fees, a New York appeals court ruled Wednesday. The unanimous opinion from the Appellate Division, First Department said the trial judge erred when he dismissed Cohen's lawsuit that sought indemnification for outstanding legal fees Cohen incurred in connection with the special counsel and congressional hearings, New York state attorney general and Manhattan district attorney proceedings, and the proceeding related to FBI search warrants.” [ABC News, 11/16/22]
April 13, 2023: Cohen And Trump Were In Settlement Talks Over A Lawsuit Where Cohen Alleged The Trump Organization Failed To Reimburse Cohen’s Legal Bills. According to Forbes, “Donald Trump and his onetime attorney, Michael Cohen, have been at war in public, sparring on social media, on cable news and in court, where the former president recently sued Cohen for $500 million. Out of the public eye, however, their teams have been engaging in settlement talks. They aren’t going to make peace over everything. But they appear to be nearing common ground in a case that has its origins in mid-2017, when Cohen says he entered into an agreement with the Trump Organization for the firm to cover his legal fees in connection with investigations into the 2016 election and lawsuits filed by Stormy Daniels and Karen McDougal, two women who have claimed they had affairs with Trump. In April 2018, the FBI searched Cohen’s office. Shortly thereafter, he says, the Trump Organization stopped paying his legal bills.” [Forbes, 4/14/23]
July 7, 2023: Former Trump Lawyer Cohen Said He Might Call Donald Trump Jr. As A Witness At The Trial. According to the New York Post, “Michael Cohen may try to call on Donald Trump Jr. at an upcoming trial in the fixer’s suit claiming Trump Organization should have to pay for the legal fees that piled up on the job. […] During the hearing, Cohen lawyer Hunter Winstead said Don. Jr. would offer relevant testimony since he’s still in the family real estate company as CEO, and had to sign off on legal fees the company paid out. ‘I’m not looking for a circus,’ Winstead said. ‘I’m not looking to burden the court.’ But Winstead argued his client should be permitted to called the former first son to the witness stand to question him about his knowledge of the company’s agreement to indemnify Cohen. Trump Org. lawyer Michael Farina countered that Cohen’s side was ‘trying to just sensationalize the trial’ by calling such a high-profile official at Trump Org. when Cohen already has deposition testimony about the pact from Trump Org. executive vice president and chief legal officer Alan Garten. Manhattan Supreme Court Justice Joel Cohen said he wouldn’t bar calling Don Jr. ‘He’s clearly a fact witness that — if you can legitimately get him here — there is no way I would preclude you from calling him as a witness,’ Judge Cohen told Winstead.” [New York Post, 7/7/23]
Trump Himself Would Not Be Called As A Witness. According to the New York Post, “Earlier in the hearing, Winstead said he might also call the embattled former president to testify if questions come up about the existence of the agreement that Cohen said was made orally. The parties later concluded Trump wouldn’t needed to be called to testify because both sides would stipulate an agreement was struck in 2017.” [New York Post, 7/7/23]
July 21, 2023: Cohen And The Trump Organization Agreed To Settle Cohen’s Lawsuit Via A Confidential Agreement. According to the New York Times, “Michael D. Cohen, the longtime fixer to Donald J. Trump, who was set to go to trial next week against his former boss’s company in a dispute over legal fees, has agreed to settle his lawsuit with the Trump Organization, lawyers for both parties said at a brief court hearing on Friday. Mr. Cohen’s lawsuit, filed in 2019, accused the Trump Organization of failing to abide by the terms of a deal and refusing to pay more than $1 million in legal costs. Jury selection for the trial began earlier this week, and opening arguments were scheduled for Monday. But at the hearing Friday, a lawyer for Mr. Cohen, Hunter Winstead, and a lawyer for the Trump Organization, James D. Kiley, said that they had agreed on terms for a settlement. The settlement is not yet finalized and the details will be kept confidential. The judge in the case, Joel Cohen — who is no relation to Mr. Cohen — said that he would delay the trial pending a final agreement.” [New York Times, 7/21/23]
May 2020: Cohen Was Released From Prison For Home Confinement On A Medical Furlough. According to the New York Times, “Michael D. Cohen, President Trump’s onetime lawyer and fixer, was in good spirits on Thursday when he arrived at a Manhattan federal courthouse, where he expected to complete routine paperwork related to his home confinement amid the coronavirus pandemic. Mr. Cohen, who was released from prison in May on a medical furlough, was stunned when probation officers asked him to sign a document that would have barred him from speaking to reporters or publishing a book during the rest of his sentence, his legal adviser said. Mr. Cohen, believing the agreement violated his First Amendment rights, refused to sign it, the adviser, Lanny Davis, said. Less than two hours later, federal marshals stepped out of an elevator with handcuffs and took Mr. Cohen back into custody.” [New York Times, 7/9/20]
July 7, 2020: Cohen Was Sent Back To Prison After Refusing To Sign Agreement Banning Him From Speaking To Reporters Or Publishing A Book While Completing His Sentence. According to the New York Times, “Michael D. Cohen, President Trump’s onetime lawyer and fixer, was in good spirits on Thursday when he arrived at a Manhattan federal courthouse, where he expected to complete routine paperwork related to his home confinement amid the coronavirus pandemic. Mr. Cohen, who was released from prison in May on a medical furlough, was stunned when probation officers asked him to sign a document that would have barred him from speaking to reporters or publishing a book during the rest of his sentence, his legal adviser said. Mr. Cohen, believing the agreement violated his First Amendment rights, refused to sign it, the adviser, Lanny Davis, said. Less than two hours later, federal marshals stepped out of an elevator with handcuffs and took Mr. Cohen back into custody.” [New York Times, 7/9/20]
July 23, 2020: Federal Judge Hellerstein Released Cohen From Prison After Ruling That Authorities Retaliated Against Cohen. According to the Daily Beast, “A Manhattan federal judge on Thursday ordered Michael Cohen to be released from prison this week after finding that authorities ‘retaliated’ against the former Trump lawyer for writing a tell-all book about the president. ‘I make the finding that the purpose of transferring Mr. Cohen from furlough and home confinement to jail is retaliatory,’ U.S. District Judge Alvin K. Hellerstein stated Thursday, adding that ‘it’s retaliation because of his desire to exercise his First Amendment rights to publish a book and to discuss anything about the book or anything else he wants on social media and with others.’” [Daily Beast, 7/23/20]
December 16, 2021: Cohen Sued Trump. According to the Associated Press, “Michael Cohen claimed in a new lawsuit Thursday that Donald Trump retaliated against him for writing a tell-all memoir, saying his abrupt return to federal prison last year endangered his life and amounted to punishment for criticizing the president.” [Associated Press, 12/16/21]
November 14, 2022: Federal Judge Liman Dismissed Cohen’s Lawsuit. According to CNN, “A federal judge dismissed Michael Cohen’s retaliation lawsuit against former President Donald Trump and others alleging he was sent back to prison because he was outspokenly critical of the ex-president. Judge Lewis Liman was empathetic to Cohen’s position but said Supreme Court precedent bars him from allowing the case to move forward.” [CNN, 11/14/22]
April 24, 2023: Cohen Asked The Second Circuit Court Of Appeals To Revive His Lawsuit Against Trump. According to Reuters, “Michael Cohen on Monday asked a U.S. appeals court to revive his lawsuit against Donald Trump and other government officials, seeking damages for sending him back to prison in retaliation for publishing a tell-all memoir criticizing the former U.S. president. Lawyers for Cohen said in a filing with the 2nd U.S. Circuit Court of Appeals in Manhattan that the judiciary has a responsibility to remediate the harm done by Trump and his subordinates.” [Reuters, 4/24/23]
April 12, 2023: Trump Sued His Former Attorney Michael Cohen For More Than $500 Million. According to Fox News, “Former President Trump is suing his ex-lawyer Michael Cohen for more than $500 million, alleging a breach of his attorney-client relationship, unjust enrichment, and more, Fox News Digital has learned.” [Fox News, 4/12/23]
Trump Demanded “Actual, Compensatory, Incidental, And Punitive Damages” That Were “To Substantially Exceed $500,000,000.” According to Fox News, “Trump is demanding that Cohen pay ‘actual, compensatory, incidental, and punitive damages in an amount to be determined at trial, but expected to substantially exceed $500,000,000.’” [Fox News, 4/12/23]
Trump’s Suit Was Filed In The Southern District Of Florida. According to Fox News, “Trump’s legal team filed the more-than 30-page federal lawsuit in U.S. District Court for the Southern District of Florida on Wednesday.” [Fox News, 4/12/23]
Trump Alleged Cohen Violated Attorney-Client Privilege, Confidentiality Agreements, And Partook In Misconduct. According to Fox News, “‘This is an action arising from [Cohen’s] multiple breaches of fiduciary duty, unjust enrichment, conversion and breaches of contract by virtue of [Cohen’s] past service as [Trump’s] employee and attorney,’ the lawsuit states. The lawsuit alleges Cohen breached his attorney-client relationship by ‘spreading falsehoods’ about Trump that were ‘likely to be embarrassing or detrimental, and partook in other misconduct,’ while also breaching contractual terms of a confidentiality agreement he signed as a condition of employment with Trump. The lawsuit alleges Cohen spread falsehoods about Trump ‘with malicious intent and to wholly self-serving ends.’” [Fox News, 4/12/23]
May 8, 2023: Cohen Asked A Federal Judge To Dismiss Trump’s $500 Million Lawsuit. According to Reuters, “Donald Trump's onetime lawyer and fixer Michael Cohen asked a court to throw out the former U.S. president's $500 million lawsuit against him, calling it an ‘abusive act of pure retaliation and witness intimidation.’ Cohen's lawyers in a filing late Monday in Miami federal court said the lawsuit combined the ‘worst of Mr. Trump's vindictive impulses,’ and that its timing was no coincidence.” [Reuters, 5/9/23]
July 20, 2023: Magistrate Judge Torres Placed A Protective Order Over The Transcript And Video To Trump’s Deposition In Suit Against Cohen. According to Politico, “A magistrate judge on Thursday placed a protective order over a forthcoming deposition by former President Donald Trump in his $500 million lawsuit against his former lawyer and fixer Michael Cohen in a dispute with implications for the former president’s criminal case in New York. The judge, Edwin Torres, ordered both the transcript and video from the deposition be kept confidential — at a minimum until he finishes setting the parameters for what evidence in the case will be made public or kept from the public. The civil lawsuit in question, which Trump filed in April, alleges that Cohen violated attorney-client confidentiality.” [Politico, 7/20/23]
August 2, 2023: Trump Argued That Trump Organization Financial Records Requested By Cohen As Part Of Discovery Should Be Subject To A Confidentiality Order. According to Bloomberg, “Donald Trump is concerned that evidence sought by Michael Cohen in a $500 million lawsuit the former president filed against his ex-lawyer could potentially incriminate him in other cases. Trump argued in a court filing Wednesday in Miami that documents sought by Cohen, particularly Trump Organization financial records, should be covered by a confidentiality order amid the former president’s separate criminal proceedings. Cohen has said the evidence should be made public, regardless of any prosecutions.” [Bloomberg, 8/3/23]
September 6, 2023: Trump Was Scheduled To Be Deposed In Miami. According to NBC News, “Former President Donald Trump has been called to sit for a deposition in September as part of his lawsuit seeking $500 million from his former attorney Michael Cohen. In a filing Monday, Cohen's attorneys scheduled the deposition for Sept. 6 at a law office in Miami.” [NBC News, 7/31/23]