DDT’s Trials:
On the surface, a ruling by Judge Aileen Cannon in the case about Deposed Donald Trump (DDT) sequestering classified documents at Mar-a-Lago as his personal property appeared a positive move from the judge he appointed to protect him. It wasn’t, and here’s why.
Cannon had told lawyers for both DDT and special counsel Jack Smith to prepare jury instructions, the job of a judge, in two scenarios, both violating the law. Backlash to Cannon on either the basis of favoring DDT or judicial incompetence led her to reject his request to dismiss charges that he was illegally hoarding these documents. That sounds like a good result because Smith was on the verge of going to a higher court, the 11th Court of Appeals, to have the situation corrected.
Yet Cannon left open the possibility for DDT to argue in a trial that the law permitted him to keep the documents. Smith argues that the mishandling of classified documents is governed by the 2017 Espionage Act, making DDT’s “unauthorized possession” of national defense secrets a felony. Even if DDT somehow slips through this law, his haphazard storage of records violates the law, according to Smith.
Cannon also rejected Smith’s request to promptly reveal her position on whether the law authorizes DDT to indefinitely keep these classified records after he left the White House. Smith’s team asked for an immediate decision, but Cannon declared she would tell the jury that demand was “unprecedented and unjust.” Her response addressed the Presidential Records Act, but Smith made no reference to it.
Smith could make a pretrial motion to block DDT’s attorneys from raising these arguments, but Cannon could reject it. On Tuesday, his team threatened to immediately go to the appeals court if Cannon rules that the jury be told that the law could have authorized DDT to retain these documents. On Thursday, she stated she took note of the appeal threat and rejected prosecutors’ attempts to make a decision at this time. Instead, she will wait until defense in the trial, when double jeopardy blocks any appeals about the trial. Smith cannot appeal a Cannon ruling permitting DDT to keep those documents after the trial’s jury is sworn in, creating a situation in which DDT can be acquitted without prosecutors having the right to appeal to a higher court. One possibility is that prosecutors can seek appellate review of pretrial rulings.
DDT’s attorneys have asked that the trial be after the November election with August 12 as a fallback date whereas Smith’s team requested July 8 to begin. Cannon has not set any date. Cannon is the only judge who DDT doesn’t insult. Instead, he called he special counsel “a lowlife who is nasty, rude, and condescending.” Former federal prosecutor Robert Mintz said:
“Turning the trial into a referendum on the judge may be effective from a public relations standpoint, but as a legal matter, it runs the risk of further politicizing the case and creating even more legal issues that could later backfire on the defense.”
In another DDT case, New York AG Letitia James is questioning the source of his $175 million bond posted in the civil business fraud case and gave his lawyers or the bond underwriter ten days to “justify” the bond, prove the company can make good on it. DDT needs to disclose more about his collateral for the bond. The amount protected DDT from posting the entire $454 million in a bond. James also filed notice that it “takes exception to the sufficiency” of the bond.” Knight Specialty Insurance Co. (KSIC) is not qualified in New York.
KSIC is owned by billionaire Don Hankey, known as the “king of subprime car loans.” He was sued by DDT’s DOJ for illegally repossessing dozens of vehicles belonging to military employees. Much of his $7.4 billion net worth comes through his Westlake Services for “targeting low-income customers with high-interest auto loans without obtaining the necessary court orders required under the law,” according to The Daily Beast. In a settlement, Westlake paid $700,000 to affected service members and a $61,000 fine to the federal government.Two years earlier, Westlake and its subsidiary Wilshire allegedly used “illegal debt collection tactics,” according to the Consumer Financial Protection Bureau.
DDT already owes money to Hankey, who is the largest shareholder in Axos Bank refinancing DDT’s loans on Trump Tower ($100 million) and Doral Golf Course ($125 million) in 2022. Imagine the power that Hankey will have if DDT moves back into the White House.
Thursday brought two other losses for DDT:
Atlanta-area Judge Scott McAfee refused DDT’s arguments to dismiss his criminal indictment on the grounds that freedom of speech protected his attempts to overturn the 2020 election. His lawyer maintained that DDT’s efforts were “core political speech.” Judge Tanya Chutkan had made the same ruling against DDT earlier.
Judge Juan Merchan denied DDT his motion to delay the start of the April 15 criminal trial regarding business fraud and turned down his claim of presidential immunity.
The campaign of conspiracy theorist Robert F. Kennedy Jr. is taking back one of his lies—language in his fundraising emails referring to January 6 insurrectionists as “activists … stripped of their constitutional liberties.” It was included in fearmongering about government overreach, including the call to “free” Julian Assange who publicized government secrets in his Wikileaks. Campaign statements are similar to those from DDT.
After 30 rebuffs while raising $60 million, No Labels have quit searching for a 2024 presidential candidate although it gained ballot access in 19 states. Former Daily Beast editor and CNN anchor John Avlon, a No Labels co-founder now running for Congress as a Democrat in New York, said his former group was flirting with “a reckless gamble with democracy,” giving the authoritarian DDT the chance to dominate the GOP.
In a preliminary determination, a three-member legal panel of the D.C. Board on Professional Responsibility found that former DOJ official Jeffrey Clark violated rules of professional conduct and should be professionally disciplined. After the 2020 election, Clark, then acting assistant AG for the civil division, tried to be appointed acting AG to make probes into DDT false claims of voter fraud. According to the panel, Clark violated at least one ethics rule for lawyers barred in the District. The next step is a sanction letter proposing punishment approved by the full board and the D.C. appeals court. Investigators have advocated for his disbarment, but he could also have his legal license suspended. Clark also faces RICO charges in Georgia.
A federal judge in Boston is permitting three Venezuelans of almost 50 migrants who Florida Gov. Ron DeSantis flew from Texas to Martha’s Vineyard in 2022 to sue the company providing the transportation. The plaintiffs declare they were told they would be flown to “a city in the Northeast” and “if they got on the flight, they would be provided with stable housing, work, educational resources” and help in their immigration proceedings, according to the order. DeSantis openly talked about his redirecting migrants from the southern border to create problems for Democratic leaders. Vertol, the company hired for the transport, is based in Oregon and was frequently represented by Rep. Matt Gaetz (R-FL).
Elon Musk continues to leave X open to foreign influence and bots with his new policy: accounts with over 2,500 verified followers may receive Premium features free included the blue checks. Competition from Meta’s Threads has reached over 130 million active users, but Musk refuses to cite his numbers which have steadily declined. Some people receiving blue checks are offended because they don’t want others to believe they support Musk or X and exchange ideas of how to hide the blue badge from their profiles. Before Musk, the badge was a mark of authenticity. Some “verified users” spread scams, pro-Nazi memes, deepfake pornography, and disinformation including part of the Chinese disinformation campaign removed from Threads.
Peter Navarro, DDT’s former “trade adviser,” has been in a Florida prison for over two weeks, but he continues to beg for freedom from his four-month sentence after refusing a House subpoena during the January 6 insurrection probe. He lost his trial, lost his appeal to the D.C. Circuit Court, and lost his request to the Supreme Court when Chief Justice John Roberts turned him down. Navarro’s latest attempt is asking Supreme Court Justice Neil Gorsuch to reconsider Roberts’ denial to keep him out of prison while he continues to appeal the case. The appeals court briefing for his appeal is set for July 19, 2024—a week after his sentence is completed.
Navarro also fought the DOJ requiring his turning over his work-related White House emails to the National Archives according to the Presidential Records Act. A lower court also ruled that his Fifth Amendment right to avoid self-incrimination doesn’t entitle him to keep property belonging to a former employer. Earlier he had offered to turn over 200-250 emails if he was granted immunity from prosecution. Handing over 450 records, he claimed he had complied with court orders, but the judge disagreed after looking at a random sampling of 600 more messages that Navarro had declared personal, not professional. Navarro’s lawyer also represents a DDT aide accused of helping him hide classified documents at Mar-a-Lago which DDT also asserted were personal.
Republicans hate drag” “shows so avid DDT-supporter, Utah resident, Mormon, former alcoholic, gay “Lady Maga USA” calls himself a “costume artist” who is a man dressing in women’s clothing, wearing makeup and displaying feminine mannerisms. He was a big hit at this year’s conservative CPAC.