Special counsel asks judge to pause his appeal in Trump’s classified documents case
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(NEW YORK) — Special counsel Jack Smith on Wednesday asked a federal appeals court to pause his appeal of the dismissal of President-elect Donald Trump’s classified documents case.
The move is part of Smith’s winding down of his two cases against Trump — the classified documents case and the federal election interference case — due to longstanding Department of Justice policy that prohibits a sitting president from facing criminal prosecution while in office.
“As a result of the election held on November 5, 2024, one of the defendants in this case, Donald J. Trump, is expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025,” the filing said.
Smith asked to hold the appeal in abeyance and push the next filing deadline until Dec. 2 to “to afford the Government time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back.
District Judge Aileen Cannon, a Trump appointee, dismissed the case against Trump and his co-defendants this summer, ruling that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Prosecutors then appealed that decision to the Atlanta-based United States Court of Appeals for the Eleventh Circuit.
The judge in Trump’s federal election interference case paused all upcoming deadlines in that case last week, following a request from Smith.
(ATLANTA) Former President Jimmy Carter has voted in the 2024 election, the Carter Center confirmed Wednesday.
Carter, the oldest living president, voted by mail on Wednesday, according to a statement from the Carter Center.
Jason Carter, the former president’s grandson, told ABC News earlier this week that the former president planned on voting for Vice President Kamala Harris in the “next couple of days.”
“It’s going to be the next couple days; the absentee ballots have gone out,” Jason Carter said.
Carter recently celebrated his 100th birthday. As he neared the milestone, his family said he was trying to live until he could vote for Harris.
Carter entered hospice care in early 2023 amid health challenges. Last year, he made a rare public appearance when he attended a memorial service for his late wife, Rosalynn Carter.
(WASHINGTON) — After making a surprise appearance at her husband’s Madison Square Garden rally on Sunday, Melania Trump spoke out on “Fox and Friends” on Tuesday, fiercely defending him against reported comments that he had expressed admiration for Hitler.
“He is not Hitler and his supporters stand behind him because they want to see the country successful. We see what kind of support he has,” she said of the former president.
Donald Trump has falsely claimed that Vice President Kamala Harris called him Hitler (she cited reports that Trump’s former chief of staff John Kelly said he had praised Hitler for doing some “good things” and wanted generals like Hitler’s).
Melania Trump called the criticism “terrible.”
The former first lady also said her husband was well aware of her position supporting abortion rights before her views were published in her new book.
Earlier this month, Melania Trump broke from the Republican Party by declaring those views in what some suggested was an eleventh hour move to court women before the election. She said on Tuesday that her husband knew about her stance long before the book came out.
“My husband knew my position, my belief, since the day we met. It was not a big surprise for him. I guess other people, the world did not know where my stances are,” she said. “He was not surprised, he knew about it.”
Discussing her Election Day plans, she indicated that she would vote on Tuesday. Donald Trump had floated voting early in a sign of unity with his party’s newer message of support on that subject — but he has continued to criticize the idea.
“We will be in Palm Beach and in the morning, we will go to vote, me and my husband, and then it will be a waiting time, period of waiting and we’ll see and I hope it is a success and a party in the evening,” Melania said, indicating that she hopes to know the results that same evening.
“I hope the election will be fair and everything will be selected as we say on Tuesday night,” she said.
“I feel good. We are feeling good. We are working hard. My husband, he’s all over the country, traveling, and as we saw, Sunday evening,” she said.
“I’m not anxious, this time is different. I have more experience and knowledge,” she said, discussing a potential Trump victory next week. “I was in the White House before. When you go in, you know what to expect. You know what kind of people you need to get, people on your team that have the same vision as me.”
Melania Trump again spoke in tandem with her husband, pointing to the economy and immigration as issues she hopes can be improved if he wins.
“Well, I would like to see country to be safe and prosperous, better economy and peace in the world. That is very important,” she said.
Commenting on her husband’s indictments, she said “it is part of it, part of the politics.”
“When he came to the White House for the first time when he was elected, I knew it would not be easy and I knew they would go after him. They did,” she said.
In her new book, Melania discussed feeling betrayed. Referring to what she called “misinformation” and “mistruths,” Melania highlighted tapes recorded by Stephanie Winston Wolkoff, a former friend and senior adviser who wrote in “Melania and Me” that the former first lady showed frustration over criticism on the administration’s family separation policy.
“It is betrayal. They show the world who they are and they know what they did,” Melania Trump said. “To tape the first lady of the United States on phone calls and release to the public and edit phone calls, it is disgrace and should never happen to anybody.”
(WASHINGTON) — Special counsel Jack Smith has outlined new details of former President Donald Trump and his allies’ sweeping and “increasingly desperate” efforts to overturn his 2020 election loss, in a blockbuster court filing Wednesday aimed at defending Smith’s prosecution of Trump following the Supreme Court’s July immunity ruling.
Trump intentionally lied to the public, state election officials, and his own vice president in an effort to cling to power after losing the election, while privately describing some of the claims of election fraud as “crazy,” prosecutors alleged in the 165-page filing.
“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office,” the filing said. “With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”
When Trump’s effort to overturn the election through lawsuits and fraudulent electors failed to change the outcome of the election, prosecutors allege that the former president fomented violence, with prosecutors describing Trump as directly responsible for “the tinderbox that he purposely ignited on January 6.”
“The defendant also knew that he had only one last hope to prevent Biden’s certification as President: the large and angry crowd standing in front of him. So for more than an hour, the defendant delivered a speech designed to inflame his supporters and motivate them to march to the Capitol,” Smith wrote.
The lengthy filing — which includes an 80-page summary of the evidence gathered by investigators — outlines multiple instances in which Trump allegedly heard from advisers who disproved his allegations, yet continued to spread his claims of outcome-determinative voter fraud, prosecutors said.
“It doesn’t matter if you won or lost the election. You still have to fight like hell,” Trump allegedly told members of his family following the 2020 election, the filing said.
In a statement, Trump campaign spokesperson Steven Cheung said the release of the filing was an attempt to interfere with the upcoming election following Tuesday’s vice presidential debate.
“This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely,” Cheung said.
In her order allowing the redacted filing to become public, U.S. District Judge Tanya Chutkan, who has been overseeing the case, addressed the defense’s accusations of partisan bias.
“Defendant’s opposition brief repeatedly accuses the Government of bad-faith partisan bias,” the judge wrote. “These accusations, for which Defendant provides no support, continue a pattern of defense filings focusing on political rhetoric rather than addressing the legal issues at hand.”
“Not only is that focus unresponsive and unhelpful to the court, but it is also unbefitting of experienced defense counsel and undermining of the judicial proceedings in this case,” Judge Chutkan wrote. “Future filings should be directed to the issues before the court.”
According to prosecutors, Trump “laid the groundwork for his crimes well before” 2020’s Election Day, including by sowing doubt among his supporters and planning to declare victory immediately, despite multiple advisers telling him that the results were unlikely to be finalized on Election Day.
Prosecutors allege that Trump and his allies “sought to create chaos” at polling places — including one instance when a campaign employee encouraged a colleague to “make them riot” at an ongoing vote count in Detroit — which the former president later used to support his claims of voter fraud.
“The throughline of these efforts was deceit: the defendant’s and co-conspirators’ knowingly false claims of election fraud,” the filing said.
In addition to outlining the instances when Trump was directly corrected about his allegations of voter fraud, the filing said Trump privately called allegations of voter fraud made by his lawyer Sidney Powell as “crazy” — despite employing similar arguments to cast doubt on the legitimacy of the election, prosecutors allege.
Trump last year pleaded not guilty to federal charges of undertaking a “criminal scheme” to overturn the results of the 2020 election in order to remain in power. Wednesday’s filing comes at a pivotal moment in the case, as Judge Chutkan is set to begin considering whether any of the allegations included in the government’s case are protected by presidential immunity after the Supreme Court ruled in a blockbuster decision that Trump is entitled to immunity from criminal prosecution for official acts undertaken while in office.
In August, Smith filed a pared-down indictment that removed allegations likely to have been considered official acts — including Trump’s interactions with Justice Department officials to interfere with the election — while still charging the former president with the same four criminal counts he originally faced. Last week, Smith filed a sealed brief seeking to justify the superseding indictment, then sought to file a redacted version for public release.
Trump’s lawyers opposed Wednesday’s lengthy filing — which they described as “tantamount to a premature and improper Special Counsel report” — and argued that public release of the allegations would improperly influence the election and violate Department of Justice policies. Judge Chutkan — who has long stated that the election does not play a factor in her decision making — ordered the filing be publicly released Wednesday.
In justifying his case against Trump, Smith alleged that Trump acted as an office-seeker rather than an officeholder when he committed crimes, and that he “must stand trial for his private crimes as would any other citizen.”
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Wednesday’s filing said.
