CounterVortex

House Democrats introduce articles of impeachment

Democrats in the US House of Representatives formally introduced a resolution for the impeachment of Donald Trump Jan. 11.

Article I of the resolution, titled “Incitement of Insurrection,” states that “the Constitution provides that the House of Representatives ‘shall have the sole Power of Impeachment’ and that the President ‘shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.'” The article further states that “section 3 of the 14th Amendment to the Constitution prohibits any person who has ‘engaged in insurrection or rebellion against’ the United States from ‘hold[ing] any office … under the United States.'”

Wherefore, Donald John Trump, by such conduct, has demonstrated that he will remain a threat to national security, democracy, and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with self-governance and the rule of law. Donald John Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

The House is expected to vote on the resolution this week. (Jurist)

Trump was first impeached just over a year ago.

Republicans block resolution on 25th Amedment

House Republicans blocked a resolution Jan. 11 calling on Vice President Mike Pence to begin 25th Amendment proceedings to remove President Donald Trump from office. Majority Leader Steny Hoyer introduced the Unanimous Consent resolution, accusing Trump of inciting the Jan. 6 riot that temporarily halted the counting of electoral votes, resulted in the deaths of five people, and caused damage to the US Capitol building. (Jurist)

House committee releases report supporting impeachment

The US House Judiciary Committee released a report Jan. 12 detailing the case for impeachment of President Trump for high crimes and misdemeanors relating to the January 6 insurrection at the US Capitol. The report links Trump’s “prolonged effort to overturn the results of the 2020 presidential election and maintain his grip on power” to the violent attack. The committee finds that Trump presents an “imminent threat to our security and democracy if he remains in or holds any future office.”

 In the months following the November election, Trump “took aggressive steps to overturn its outcome and undermine public confidence in the election results.” The president and his allies filed 62 separate lawsuits in federal and state courts contesting the election, “not to identify legitimate concerns, but to undermine confidence in the results of the election, spread dangerous disinformation, and stoke false and wild conspiracy theories.”

The report quotes a Jan. 2 phone call between Trump and Georgia Secretary of State Brad Raffensperger in which Trump urged Raffensperger to “find” the votes to overturn the state’s results and threatened him with criminal penalties if he failed to do so.

The report also notes that Trump made public statements claiming election fraud that had already been rejected by the Department of Justice. He called on supporters to “[c]ome to D.C. January 6th to ‘StopTheSteal'” and confirmed his own presence by tweeting, “I will be there! Historic Day.”

The report details that on the morning of the rally, Trump tweeted 12 times claiming the election was “rigged” and called on supporters to “fight” and “be strong.” He directed the crowd’s attention to Vice President Mike Pence, claiming Pence had the authority to overturn the election results. At the rally, Rudy Giuliani repeated false claims of election fraud and urged the crowd to “trial by combat.” When the president addressed the crowd, he suggested they should “fight much harder” to “stop the steal” and “take back our country” at the Capitol. He called out his vice president and specific legislators saying, “We’ve got to get rid of the weak congresspeople, the ones that aren’t any good.” He then told the crowd, “We’re going to walk down to the Capitol.” After the speech, thousands of attendees marched down Pennsylvania Ave. towards the Capitol.

The insurrectionists who attacked the Capitol made it clear they believed the president directed them to do so. The mob erected a gallows and left threatening messages, and police recovered multiple guns, components to make a “Molotov cocktail” explosive device and pipe bombs. Five people died and more than 50 police officers were injured.

Even after the mob entered the Capitol, the president continued to affirm the insurrection’s mission by attacking Pence in a tweet: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!” A later video shows the insurrectionists chanting, “Hang Mike Pence!” Trump has shown no remorse, and rather than condemning the violence, has “justified his supporters’ actions and reiterated his lies about the election.” (Jurist)

Joint Chiefs of Staff pen message condemning Capitol attack

The US Joint Chiefs of Staff authored an unusual message to the military Tuesday condemning the Jan. 6 attack on the US Capitol.

In their message, the Joint Chiefs noted that the actions inside the Capitol building were “inconsistent with the rule of law.” Additionally, they reminded service members that it is their duty to “support and defend the Constitution.” The Joint Chiefs also stated that president-elect Joe Biden will be inaugurated on Jan. 20 and become the 46th president.

The American people have trusted the Armed forces of the United States to protect them and our Constitution for almost 250 years. As we have done throughout our history, the U.S. military will obey lawful orders from civilian leadership, support civil authorities to protect lives and property, ensure public safety in accordance with the law, and remain fully committed to protecting and defending the Constitution of the United States against all enemies, foreign and domestic. The violent riot in Washington, D.C on January 6, 2021 was a direct assault on the U.S. Congress, the Capitol building and our Constitutional process.

At least 20,000 National Guard members are expected to be deployed for Biden’s inauguration next week. (Jurist)

US House votes to impeach Trump for second time

The US House of Representatives voted Jan. 13 to impeach President Donald Trump for the second time in his four-year term.

The new Article of Impeachment contained a single charge of “Incitement of Insurrection” for Trump’s role in the events that took place at the Capitol Building last week. The article alleges that during the Electoral Vote count in Congress last Wednesday, Trump continued to issue false claims about election fraud and told the crowd “If you don’t fight like hell you’re not going to have a country anymore,” which precipitated the violent acts on the Capitol.

The Article of Impeachment passed the House by a vote of 232-197, with 10 Republicans breaking ranks to vote with the Democrats for impeachment. The passing of this Article of Impeachment makes Trump the only president in US history to be impeached twice.

The Article of Impeachment now heads to the Senate, which is required under Article I, Section 3 of the US Constitution to convene an impeachment trial and hear the case. Senate Majority Leader Mitch McConnell has stated that he intends to hear the impeachment but will not convene the Senate until after Joe Biden has been sworn in as the 46th president of the United States. Biden’s inauguration is expected to take place as scheduled next week on Jan. 20, but security has been significantly increased with the addition of 20,000 National Guard troops in light of last week’s events. (Jurist)

Pillow tycoon pitches Trump on coup d’etat

Fervent Trump supporter and My Pillow CEO Michael Lindell was pictured Jan. 15 entering the White House with a document that seemed to outline a path to declaring martial law along with potential personnel changes atop the US national security structure.

The multi-page document was mostly obscured, but the picture tweeted out by a Washington Post photographer included phrases like “… martial law if necessary upon the first hint of any…” and “Move Kash Patel to CIA Acting.” The partial title gleaned from the photograph was “… Be Taken Immediately To Save The…”

A close-up of the document suggests it also appears to reference invoking the Insurrection “Act now as a result of the assault on the…”

Patel is a staunch White House loyalist who “previously worked for Rep. Devin Nunes (R-CA), the top Republican on the House Intelligence Committee, and as a staffer played a key role in helping Republicans discredit the Russia probe.”

If nothing else, the sighting proves that Trump’s coup scheming continues—to what end, we don’t know. (Daily Kos)

Proud Boys leader arrested over Capitol riots

Joseph Randall Biggs, leader of the far-right organization Proud Boys, was arrested in Orlando, Fla, Jan. 20 in connection with the attack on the US Capitol. According to an FBI affidavit, Biggs has been documented as at the Capitol during the riot. The affidavit includes images where the individual identified as Biggs is seen. The video, posted on Parler social media site, shows Biggs and others entering the Capitol at which point an unknown person asks, “Hey Biggs, what do you gotta say?” to which Biggs responds by lowering his mask and stating “This is awesome!” (Jurist)

SCOTUS drops emoluments cases

The Supreme Court on Jan. 25 closed the door on two separate emoluments cases alleging that former president Donald Trump violated the Constitution by financially benefiting from his properties in New York and Washington while in political office. 

The court, in a series of short orders, found the cases to be moot now that Trump is no longer president. The court ordered the judgments vacated and remanded with instructions to dismiss. In declining to hear the cases, the court indicated it would not rule on the three emoluments clauses found within the Constitution; an area of law rarely examined at the appellate level. (Jurist)

Oath Keepers indicted in Capitol insurrection

The US Department of Justice (DoJ) indicted three members of Oath Keepers, identified as a far-right militia organization, on Jan. 27 for conspiring to storm the Capitol in an attempt to obstruct Congress as it certified the vote of the US Electoral College.

Jessica Watkins, Donovan Crowl and Thomas Caldwell were charged with conspiracy, obstruction of an official proceeding, destruction of government property, and entering restricted buildings and grounds. According to charging documents, the three conspired as early as November of last year to “commit an offense against the United States” and hinder Congress’ certification process. Congressional obstruction charges carry a maximum prison sentence of 20 years.

The Oath Keepers is a “large but loosely organized” collection of paramilitary groups with an explicit focus on recruiting current and former military, law enforcement and first responder personnel. Watkins and Crowl are both dues-paying members of an Oath Keepers grouping and allegedly colluded with Caldwell on social media to “forcibly enter the Capitol and disrupt the Congressional proceeding occurring that day.”

A DoJ press release detailed the communications between the three, noting that “The exchanges vary in topics from a call to action to logistics, including lodging options, coordinating calls to discuss the plan, and joining forces with other Oath Keeper chapters.”

Further, the three documented their participation in the storming and updated their whereabouts in and around the Capitol on social media. Watkins posted a picture of herself with Crowl on her Parler account captioned “Me before forcing entry into the Capitol Building. #stopthesteal2 #stormthecapitol #oathkeepers #ohiomilitia.” Watkins and Crowl then “joined with a line of individuals wearing Oath Keepers clothing, patches, and insignia, and some of whom also were wearing battle gear.” (Jurist)

More Proud Boys charged in Capitol insurrection

The US Department of Justice unsealed an affidavit on Feb. 11 charging five individuals associated with the Proud Boys with conspiracy in connection to the insurrection in Washington, DC on Jan. 6. (Jurist)

Trump sued for violations of Ku Klux Klan Act

Bennie Thompson (D-MS), chair of the US House Homeland Security Committee, filed a lawsuit against former president Donald Trump, Rudy Guiliani, the Proud Boys and the Oath Keepers, alleging a conspiracy between the parties to prevent members of Congress from discharging their official duties.

The lawsuit, which Thompson filed as a private citizen rather than in an official capacity, states that “[t]he Defendants conspired to prevent, by force, intimidation and threats, the Plaintiff, as a Member of Congress, from discharging his official duties to approve the count of votes cast by members of the Electoral College following the presidential election held in November 2020.” Thompson alleges that the defendants violated 42 USC § 1985(1), the Ku Klux Klan Act. (Jurist)

DoJ: 100 additional suspects in Capitol attack

The Department of Justice stated March 12 that it expects to charge at least 100 additional suspects in the Jan. 6 attack on the Capitol, explaining that the investigation into the attack is one of the largest the department has conducted. Approximately 300 suspects have already been charged in the Capitol attack, and the investigation is ongoing. To address the growing number of defendants and the significant amount of evidence, the DoJ is seeking 60-day extensions in a series of cases under the Speedy Trial Act. (Jurist)

Oath Keeper member is the first to plead guilty to Capitol riot

A member of the Oath Keepers militia and heavy metal guitarist on April 16 became the first defendant to plead guilty to federal charges in connection with the US Capitol riot on Jan. 6. Jon Ryan Schaffer, who originally faced six charges, entered into a plea deal where he agreed to fully cooperate with investigations. Schaffer admitted to unlawfully entering the US Capitol “wearing a tactical vest and with bear spray, with the purpose of influencing, affecting, and retaliating against the conduct of government by stopping or delaying the Congressional proceeding by intimidation or coercion.” (Jurist)

House approves investigative committee for Capitol riot

The US House of Representatives voted May 19 to send a bill to the Senate to create a commission to investigate the Jan. 6 attack on the US Capitol. The legislation would establish a 10-member commission to make recommendations by the end of this year about securing the Capitol and determine ways to prevent another insurrection of this kind.

The bill, HR 3233, the National Commission to Investigate the January 6 Attack on the United States Capitol Complex Act, was passed by a 252-175 vote, with 227 Democrats and 35 Republicans voting in favor and two Democrats and one Republican not voting. (Jurist)

Florida man is second to plead guilty in Capitol riot

Paul Hodgkins of Tampa became the second person charged in connection with the storming of the Capitol to plead guilty June 2.

Hodgkins originally faced charges for five offenses including disorderly conduct and entering a restricted building. However, he pleaded guilty to the lone offense of obstruction of an official proceeding. US District Judge Randolph Moss accepted the guilty plea, which provided that the prosecution drop the other charges against Hodgkins.

Hodgkins participated in the attack on the Capitol by entering the Senate Chamber, where he waved a pro-Trump flag and took a selfie while wearing a “Trump 2020” shirt. The selfie was later used to identify him as one of the participants in the attacks. He walked to the Senate well, where he joined other rioters in cheering, yelling and praying. (Jurist)

First felon sentenced for role in Capitol riot

Court denies Trump motion to block order related to Capitol riot

A federal judge in the District of Columbia denied a motion from former President Donald Trump to block enforcement of an order she had yet to issue. One day earlier, the former president had asked Judge Tanya Chutkan to issue an administrative stay preventing the National Archive from releasing more than 750 pages of documents to the January 6 Congressional committee. Before the judge could rule on the motion, Trump filed a second motion asking the court to stay the first. Trump’s attorney, Jesse Binnall, claimed that the second motion was necessary to prevent the National Archives from immediately transmitting documents before they could move to block it.

Trump sued the House Select Committee on January 6 and David Ferriero, Archivist of the United States, on Oct. 18. The lawsuit claimed that the committee’s records request to the National Archive is overbroad and illegal. (Jurist, The Hill)

Court temporarily halts release of US Capitol riot documents

The US Court of Appeals for the District of Columbia Circuit on Nov. 11 granted former President Donald Trump’s request to halt the release of documents related to the January 6 Capitol riots. (Jurist)

Trump’s incitement timeline

Just Security provides a detailed timeline of President Donald Trump’s statements and actions relevant to the case that he incited the attack on the Capitol on Jan. 6, 2021.

DC sues Proud Boys and Oath Keepers over Capitol attack

The District of Columbia (DC) filed a civil lawsuit Dec. 14 against Proud Boys International, LLC and The Oath Keepers, a non-profit organization. DC is seeking compensatory, statutory and punitive damages from the organizations for their involvement in the Jan. 6 attack on the US Capitol. (Jurist)

DC judge rules Capitol rioters must face conspiracy charges

Judge Amit Mehta of the District Court of the District of Columbia on Dec. 20 denied a motion to dismiss charges against 17 defendants accused of conspiring to disrupt an official proceeding of Congress during the Jan. 6 Capitol riots.

The 17 involved in this particular proceeding are all members or affiliates of the group called the Oath Keepers, who are alleged to “believe that the federal government has been coopted by a cabal of elites actively trying to strip American citizens of their rights.”

By storming the US Capitol during the certification of the Electoral College vote, the government alleges that the defendants violated Section 1512(c)(2) of Title 18, which states: “Whoever corruptly…or…otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.” (Jurist)

Oath Keepers leader arrested in Capitol insurrection

The Justice Department unsealed seditious conspiracy charges against the leader of the Oath Keepers and 10 others, alleging they plotted to disrupt the electoral process at the Capitol last Jan. 6 and endangered former Vice President Mike Pence. Federal authorities arrested Oath Keepers leader Stewart Rhodes in Texas on Jan. 13. (NPR)

Biden orders release of Trump White House visitor logs

President Joe Biden on Feb. 15 ordered the National Archives to send the Trump White House visitor logs to a House select committee investigating the January 6, 2021 attack on the Capitol, rejecting former President Donald Trump’s executive privilege claims.

In January, National Archives provided the Trump White House visitor logs to Biden’s White House. The documents show appointment information for those who entered the White House complex on Jan. 6, 2021, among other days.

White House counsel Dana Remus wrote to the National Archives, stating that Biden determined that asserting executive privilege “is not in the best interests of the United States, and therefore is not justified, as to these records and portions of records.” (Jurist)

In other news, a judge ruled Feb. 17 that Trump and two of his children must answer questions under oath in a New York state investigation into their business practices. New York Supreme Court Judge Arthur Engoron said that Trump, his son Donald Trump Jr, and daughter Ivanka Trump, must each comply with legal orders that prosecutors issued in December. (BBC News)

National Archives: Trump absconded with classified documents

The National Archives & Records Administration (NARA) confirmed Feb. 18 that it found classified documents among 15 boxes former President Donald Trump took from the White House to his Mar-a-Lago residence. (Jurist)

Georgia man gets probation in Capitol insurrection

A Georgia man was sentenced March 10 to two years of probation and 60 hours of community service for his role in the Capitol insurrection. Verden Nalley, of Buford, told a federal judge “I made a huge mistake” that day and apologized in a brief statement. Nalley pleaded guilty in December to misdemeanor offense of entering and remaining in a restricted building or grounds. He is one of nine Georgians to enter a guilty plea in cases related to the insurrection. (WXIA-TV, Atlanta)

Judge orders Trump Organization to submit evidence

A New York state judge on March 28 ordered the Trump Organization to comply with a subpoena for e-discovery from New York Attorney General Letitia James by the end of April. The subpoena stems from an investigation into the Trump Organization which began in 2019. The investigation began after Donald Trump’s former lawyer, Michael Cohen, testified to Congress that the organization manipulated the value of Trump’s assets to obtain loans and insurance while also reducing tax burdens. Most recently, a New York state judge ruled that Donald Trump, Donald Trump Jr. and Ivanka Trump had to comply with subpoenas for sworn testimony in connection with the investigation. The Trumps have since appealed the decision. (Jurist)

New York judge holds Trump in contempt of court

Judge Arthur Engoron of the New York County State Supreme Court on April 25 ruled that Donald Trump is in civil contempt of court. Engoron will fine the former President $10,000 a day until he purges, or rectifies, the contempt.

New York Attorney General Letitia James subpoenaed Trump as part of a financial investigation by her office into the Trump Organization. On Feb. 17, Engoron ruled that Trump must “comply in full” with the subpoena and appear for a deposition by March 31. The order also mandated that Ivanka Trump and Donald Trump Jr. appear for depositions.

James filed a motion for contempt on April 7 after Trump again failed to deliver documents and information despite a “crystal clear order from the court.” James’s motion also asked Engoron to fine Trump $10,000 for every day that he withheld documents. Engoron imposed the recommended fine, but the court has not established a start date for payments.

James stated: “For years, Donald Trump has tried to evade the law and stop our lawful investigation into him and his company’s financial dealings. Today’s ruling makes clear: No one is above the law.” (Jurist)

‘Nazi sympathist’ guilty in Capitol attack

Proud Boys leader charged with seditious conspiracy

The Justice Department on June 6 charged the head of the Proud Boys, Enrique Tarrio, and four other leaders with “seditious conspiracy” in the January 2021 Capitol attack, escalating the criminal case against the far-right group. (CNN)

Congress holds first public hearing on Capitol attack

A select committee of the US House of Representatives on June 9 held its first public hearing regarding the January 2021 attack on the US Capitol, releasing previously unseen footage from the rampage.

The Select Committee to Investigate the January 6th Attack on the US Capitol broadcast its proceedings on primetime television. The hearing included the testimonies of Capitol Police officer Caroline Edwards and documentary filmmaker Nick Quested, who was filming the far-right Proud Boys leading up to and during the attack.

The hearing opened with video of Trump campaign officials giving statements to committee investigators, testifying that Trump directed them to find evidence of fraud during the 2020 presidential election. Some officials, including former Attorney General William Barr, told Trump that they could not find any evidence of fraud, or that any fraud that may have occurred would not have changed the outcome of the election.

Ranking Member Rep. Liz Cheney cited a March 2022 court case where Trump advisor and law professor John Eastman attempted to claim attorney-client privilege over 111 documents requested by the committee. Eastman, coordinating with Trump, tried to pressure vice president Mike Pence to refuse to certify some state election results. Finding that 101 of the Trump-Eastman documents were not privileged, Judge David Carter said “If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution.”

The committee also released video footage that showed masses of protesters storming over police barricades, breaking their way into the Capitol by smashing windows, entering House Speaker Nancy Pelosi’s office en masse, and attacking police officers with various objects including pepper spray. The footage was paired with footage of Trump during the rally shortly before the storming, where he publicly encouraged Pence to overturn the election results.

Edwards testified that she was protecting the perimeter of the capitol when Proud Boy Joseph Biggs, who is charged with seditious conspiracy, led a charge on police barricades. This led to Edwards being hit in the head with a bike rack and falling unconscious.

Quested said that he was filming the Proud Boys for a documentary on Jan. 5 and 6. Quested filmed Proud Boys leader Enrique Tarrio and Oath Keepers leader Stewart Rhodes meeting in a parking garage the night before the attack. Both men were later charged with seditious conspiracy. 

This is the first of three scheduled public hearings by the select committee, but more will likely be added in the future. (Jurist)

DC Bar files ethics charges against Giuliani

The Office of Disciplinary Counsel of the DC Bar on Jun 10 announced ethics charges against Donald Trump’s lawyer Rudy Giuliani. Giuliani has already been temporarily suspended from the DC Bar and permanently suspended from the New York Bar. The charges stem from Giuliani’s repeated claims that the 2020 election was fraudulent, specifically focusing on his lawsuit in the US District Court for the Middle District of Pennsylvania. Giuliani’s claims were rebuffed by the judge in that case.  (Jurist)

More convictions in Capitol insurrection

The US District Court for the District of Columbia on June 17 found a Florida man guilty of all four misdemeanor charges against him relating to the US Capitol breach on Jan. 6 last year. Jesus Rivera was convicted on charges of “entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a Capitol Building; and parading, demonstrating, or picketing in a Capitol Building.” (Jurist)

An Indiana man, Mark Andrew Mazza, pleaded guilty that day to “carrying a loaded gun on Capitol grounds and assaulting law enforcement officers” during the Capitol breach. He originally faced 13 charges relating to his involvement in the riot. (Jurist)

More guilty pleas in Capitol insurrection

The US Department of Justice (DoJ) announced that three individuals pleaded guilty to a series of actions related to the US Capitol breach in January 2021. The individuals include Florida man Mitchell Todd Gardner II, Troy Sargent of Massachusetts, and Nathaniel DeGrave of Nevada. The DoJ announcement said that since the Capitol breach, “more than 840 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 250 individuals charged with assaulting or impeding law enforcement.” The investigation into the insurrection is ongoing. (Jurist)

Capitol riot hearing: Trump incited militia mobilization

The US House Select Committee on the January 6 Attack presented evidence that extremist groups showed up in Washington DC with violent intentions in response a to tweet from then-president Donald Trump. The tweet read, “Statistically impossible to have lost the 2020 Election. Big protest in D.C. on January 6th. Be there, will be wild!”

Video montages played at the hearing showed various Trump supporters with large internet followings rallying their followers shortly after the tweet was published. Many used violent language.

In one video, far-right conspiracy theory website founder Alex Jones said, “President Trump… tweeted that he wants the American people to march on Washington DC on January 6th, 2021… The time for games is over. The time for action is now.” Pro-Trump Youtuber Salty Cracker said, “There’s gonna be a red wedding going down January 6th… There’re gonna be a million plus geeked up armed Americans,” referencing a violent massacre in pop culture. (Jurist)

Jason Van Tatenhove, a former spokesperson for the Oath Keepers, told the committee: “I do fear for this next election cycle, because who knows what that might bring?” Van Tatenhove said. “If a president who is trying to instill, and encourage, to whip up a civil war among his followers using lies and deceit and snake oil, regardless of the human impact, what else is he going to do if he gets elected again?” (Yahoo News)

January 6 committee condemns ‘187 minutes of inaction’ by Trump

Capitol attack defendant cops a plea

A West Virginia man initially charged with assaulting a police officer who died in the Capitol attack pleaded guilty on July 27 to misdemeanor offenses that could allow him to avoid more prison time. Another man accused of attacking the officer with bear spray is weighing a stricter plea deal that calls for a prison sentence exceeding six years.

A federal grand jury indicted George Pierre Tanios last year on felony charges that he conspired with a Pennsylvania man, Julian Elie Khater, to assault and injure Capitol Police Officer Brian Sicknick with chemical spray during the riot on Jan. 6, 2021. (AP)

FBI searches Trump residence in Florida

The FBI on Aug. 8 executed a search warrant at Mar-a-Lago, Donald Trump’s Florida resort and residence. In a statement, Trump labelled the unannounced action a “raid.” FBI agents reportedly entered the premises and broke open a safe.

The FBI and the US Department of Justice have not commented on the search or the reason behind it. However, some US media outlets are speculating that it may be related to official records requested by the National Archives & Records Administration that Trump took to Florida after he left office. (Jurist)

Trump invokes Fifth in NYS civil investigation

Donald Trump invoked the Fifth Amendment Aug. 10 in a New York State civil investigation into his business and real estate dealings, choosing not to testify in an unusual move for the vocal politician.

Trump was deposed in the civil case People of the State of New York v. The Trump Organization, led by New York State Attorney General Letitia James. The Attorney General is currently investigating potential fraud by the former president’s real estate company, including charges that the company artificially inflated real estate assets for tax benefits.

Trump claimed that the litigation is politically motivated and that he pleaded the Fifth Amendment in order to protect himself, saying in a statement that the case is an “unfounded, politically motivated witch hunt.”

Trump was previously held in contempt of court for refusing to comply with subpoenas issued by James. An additional effort to resist the investigation was overruled by a state appeals court judge who ruled that James had the “clear right” to question him along with his children Ivanka Trump and Donald Trump Jr.

As part of the same investigation, a state judge also held the real estate firm Cushman & Wakefield in contempt of court for refusing to comply with a subpoena. The Attorney General’s Office confirmed the receipt of over 35,000 documents from the real estate firm, dissolving the contempt in court order against the firm once they were received.

The New York investigation is one of many currently ongoing against Trump, including the investigation of his allies for alleged fraud in the 2020 election in Georgia. (Jurist)

Off-duty Virginia police officer sentenced in Capitol riot

Police officer Thomas Robertson on Aug. 11 was sentenced to 87 months in prison for his participation in the January 2021 Capitol riot. According to court documents, Robertson and co-defendent Jacob Fracker were both officers with the Rocky Mount, Va., police department and were off duty when they headed for Washington in Robertson’s car on the morning of Jan. 6, 2021. Fracker pleaded guilty and awaits sentencing. (Jurist, Politico)

Proud Boy sentenced over Capitol insurrection

DoJ continues pursuing January 6 cases

The US Department of Justice (DoJ) Sept. 1 announced new charges and convictions for those involved with the January 2021, attack on the US Capitol. The DoJ charged an attorney for the Oath Keepers militia group with conspiracy and obstruction. On the same day, one man was sentenced to ten years in prison and a second pleaded guilty to felony charges.

Kellye Sorelle, a Texas attorney, is charged with conspiracy to obstruct Congress’ certification of the Electoral College votes. Unlike other Oath Keepers, Sorelle is not charged with Seditious Conspiracy.

Thomas Webster, a USMC veteran and retired NYPD officer, was sentenced to 10 years for assaulting a police officer with a metal flagpole, and using that flagpole to resist arrest.

Julian Khater, a rioter from of Somerset, NJ, pleaded guilty to assaulting officers with a deadly weapon. Khater used pepper spray on officers before entering the Capitol. Khater faces up to 20 years in prison.

Over 260 individuals are charged with assaulting or impeding law enforcement on January 6, and the DoJ stated that their investigation remains ongoing. In the past 19 months, more than 860 individuals have been arrested for crimes related to the attack. (Jurist)

Bannon indicted in New York on financial fraud charges

Steve Bannon, former strategist to Donald Trump, surrendered to New York authorities on financial fraud charges on Sept. 8. Manhattan District Attorney Alvin Bragg Jr. and New York Attorney General Letitia James announced the charges against Bannon, claiming the former strategist wrongly collected more than $15 million from US political donors under a “We Build the Wall” campaign.

This is the latest in a series of criminal charges for Bannon. In August 2020, Bannon was indicted by the US Attorney’s Office for the Southern District of New York on similar charges. Before leaving office in January 2021, Trump extended a presidential pardon to Bannon, barring the US Attorneys Office from prosecuting him. However, in July 2022, a federal jury convicted Bannon of two counts of contempt of Congress for failing to comply with a subpoena from the US House Select Committee to Investigate the Capitol Insurrection. (Jurist) 

Another Proud Boys leader pleads guilty to felony charges

Nicholas Ochs, founder of the Proud Boys Hawaii chapter, pleaded guilty Sept. 9 to obstruction of an official proceeding for his involvement in the Capitol Insurrection. Ochs and fellow defendent Nicholas DeCarlo of Fort Worth, Texas, pleaded guilty to only one of seven charges in their plea agreements. The charge carries a maximum of 20 years imprisonment, and a fine of $250,000. The plea agreements contain a waiver of the defendants’ right to appeal their sentences. The US Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting both Ochs and DeCarlo. (Jurist)

Trial of Oath Keepers leader in Capitol insurrection begins

US federal prosecutors on Sept. 27 began jury selection in the seditious conspiracy trial against the founder of the far-right group the Oath Keepers and four other associated individuals. The DOJ first charged the individuals in connection with the January 2021 Capitol riot in January of this year. As of the time of this report, six jurors have been selected to serve in the trial. The trial is expected to last from two to four weeks.

The seditious conspiracy charges against Stewart Rhodes and the four other individuals—Kelly Meggs, Thomas Caldwell, Jessica Watkins and Kenneth Harrelson—allege that all five individuals conspired to forcefully oppose the execution of laws governing the transfer of presidential power. (Jurist)

House committee issues subpoena to Trump

Bannon sentenced to prison for contempt of Congress

New York criminal fraud trial against Trump Organization begins

The Manhattan District Attorney’s office on Oct. 24 began jury selection in the criminal fraud case against the Trump Organization. The Trump Organization is charged with scheming to defraud federal, state and local authorities to avoid taxes from 2005 through 2021. (Jurist)

SCOTUS declines to block Lindsey Graham testimony

The Supreme Court on Nov. 2 released a short two-paragraph order stating they would not block a subpoena from a Georgia grand jury requiring Sen. Lindsey Graham (R-GA) to testify about his actions in the aftermath of the 2020 election. Previously, Justice Clarence Thomas put a temporary hold on the subpoena without explanation. (Jurist)

Trump attorneys sanctioned for ‘frivolous’ lawsuit against HRC

A judge for the US District Court for the Southern District of Florida on Nov. 10 ordered sanctions against Donald Trump’s legal team for a “frivolous” lawsuit against Hilary Clinton and several other defendants. Judge Donald Middlebrooks ordered Trump’s attorneys to pay $50,000 to the court and more than $16,000 in legal fees to defendant Charles Dolan. (Jurist)

SCOTUS allows House committee access to phone records

The US Supreme Court on Nov. 14 denied an application for stay and injunction, allowing the US House Select Committee on the January 6 Attack on the Capitol to obtain the phone and text records of Arizona Republican Party Chair Kelli Ward. Ward filed an emergency application for a stay and injunction on Oct, 24, after a lower court denied the motion. Ward sought to prevent T-Mobile from releasing her phone records to the committee. (Jurist)

Oath Keepers founder convicted of seditious conspiracy

Stewart Rhodes, founder of the far-right Oath Keepers, was found guilty of seditious conspiracy in connection with the Capitol insurrection. A federal jury in Washington DC also convicted Rhodes of obstructing an official proceeding and tampering with documents. He was acquitted of two other conspiracy counts.

Rhodes did not enter the Capitol during the riot, but instead stood outside like a “battlefield general” surveying his troops, prosecutor Jeffrey Nestler said.

All five defendants on trial in this case were charged with seditious conspiracy but only one in addition to Rhodes was found guilty—Kelly Meggs.

The three other defendants—Jessica Watkins, Kenneth Harrelson and Thomas Caldwell—were acquitted on that central charge. But all the defendants were found guilty of obstructing an official proceeding. (NPR)

House riot committee recommends criminal charges against Trump

House riot committee publishes 845-page final report

The US House Select Committee on the January 6 Attack on the Capitol released its final report on Dec. 22. The 845-page report details the committee’s findings and recommendations, including the criminal referrals voted upon by the committee during their last public meeting. The report describes events surrounding the Capitol riot and individuals involved in perpetrating what the report refers to as “the big lie.” The committee recommends 10 points of action, including: urging the Senate to pass the Presidential Election Reform Act; urging criminal and civil accountability for any of the misconduct described in the report; urging federal agencies to identify and address the threat of domestic violence extremism in the US; urging congress to consider whether Section 3 of Fourteenth Amendment bars certain individuals who have “engaged in an insurrection” from holding future state or federal office (Jurist)

Federal judge hands Trump nearly $1M in sanctions

A federal judge Jan. 19 ordered Donald Trump and his lead attorney Alina Habba to pay over $937,000 in sanctions over a suit brought against Hillary Clinton in March 2022. Judge Donald Middlebrooks of the US District Court for the Southern District of Florida issued the sanctions on the basis that Trump’s suit against Clinton was legally inadequate and intended for political purposes.

Clinton and 18 other defendants asked Judge Middlebrooks to sanction Trump over a violation of Federal Rule of Civil Procedure 11, which prohibits filing for improper purposes and provides procedures for issuing sanctions.Middlebrooks dismissed Trump’s suit in September and sanctioned Trump’s attorneys in November for knowingly misconstruing facts against defendants. (Jurist)

Four more Oath Keepers convicted of conspiracy

Four more members of the Oath Keepers were convicted March 20 of conspiracy, bringing the number of members of the group found guilty of felonies related to the Capitol attack to more than a dozen.

Jurors found Sandra Parker, Laura Steele, Connie Meggs and William Isaacs each guilty of the most significant charges they faced: conspiracy to obstruct Congress’ proceedings, obstruction of an official proceeding, and conspiracy to prevent a federal officer from discharging duties. The four were also found guilty of several other charges they faced, including destruction of government property. (Politico)

Manhattan DA seeks to block subpoena in Trump case

Manhattan District Attorney Alvin Bragg on April 11 requested the US District Court for the Southern District of New York block a subpoena issued by the Republican-controlled US House Judiciary Committee. The subpoena, issued two days after the April 4 arraignment of former president Donald Trump, seeks the testimony of Mark Pomerantz, a former Special Assistant District Attorney who participated in an investigation of Trump and his businesses.

Invoking Supreme Court precedent and “[b]asic principles of federalism and common sense,” Bragg urged the federal district court to block the subpoena for two reasons. First, Bragg writes, Congress has no power to oversee state criminal prosecutions. Second, even if the subpoena issued by House Judiciary Chairman Jim Jordan (R-OH) proved generally enforceable, Pomerantz’s testimony contains privileged information.

Following Trump’s March 18 announcement of a coming indictment by the Manhattan DA, the Republican-controlled House Judiciary Committee demanded communications, documents and testimony from the DA’s office. Jordan also repeated a racially charged epithet against the Manhattan DA and accused Bragg of being “Soros-backed” on conservative Turning Point USA founder Charlie Kirk’s radio show. Bragg’s office received over 1,000 calls since Trump’s announcement–many of which were “threatening and racially charged.” (Jurist)

Bragg has also brought suit against Jordan to halt the Judiciary Committee inquiry that the prosecutor contends is a “transparent campaign to intimidate and attack” him over his indictment of Trump. (AP)

Four Proud Boys guilty in Capitol insurrection

Five members of the Proud Boys, including ex-leader Enrique Tarrio, face decades in prison after being found guilty for their role in the Capitol riot. Four were convicted of seditious conspiracy, and all five were found guilty of obstructing official proceedings, alongside other felonies. The most serious charges carry penalties of up to 20 years in prison. More than 100 members of the far-right, all-male group joined the Capitol riot. (BBC News)

Oath Keepers founder gets 18 years

The founder of the far-right militant Oath Keepers, Stewart Rhodes, was sentenced to 18 years in prison on May 25 for seditious conspiracy—the longest term imposed to date over the Capitol insurrection. (Reuters)

Capitol insurrectionist gets more than 12 years

Senate committee: intelligence failures in Capitol attack

Federal court denies Trump bid to move Stormy Daniels case

US District Judge Alvin Hellerstein on July 19 denied Donald Trump’s effort to move Manhattan District Attorney Alvin Bragg’s criminal case against him from a New York state court to a federal court. As a result, Bragg’s case, in which Trump pleaded not guilty to 34 counts of falsifying business records, will proceed to trial on March 25, 2024, in a New York Supreme Court. (Jurist)

Trump-aligned PAC spent millions on legal fees

The Trump-aligned Save America Leadership political action committee spent over $20 million on Donald Trump’s legal fees out of its total of about $30 million in spending according to Federal Election Commission filings made public July 31. The filings come as legal woes continue to mount for Trump. (Jurist)

Trump indicted for conspiracy in 2020 election interference case

US federal prosecutors indicted former President Donald Trump on four criminal charges Aug. 1 in Special Counsel Jack Smith’s investigation into interference with the 2020 presidential election. Trump faces four felony counts: conspiracy to defraud the US, conspiracy to obstruct and impede an official proceeding, obstruction of and attempt to obstruct an official proceeding, and US citizens’ right to vote.

Six unnamed co-conspirators are also listed in the indictment. Multiple US media sources have tentatively identified five of them as lawyers directly or indirectly connected with the ex-president: former Trump lawyer Rudy Giuliani (Co-Conspirator 1), law professor and former Trump lawyer John Eastman (Co-Conspirator 2), former Trump lawyer Sidney Powell (Co-Conspirator 3), former US Justice Department official Jeffrey Clark (Co-Conspirator 4), and pro-Trump lawyer Kenneth Chesebro (Co-Conspirator 5). As of the time of this report, none of the co-conspirators have been charged in connection with this case.

This indictment now joins the two other criminal indictments Trump faces in both a federal court in Florida as well as a New York state court. It is expected that Fulton County Georgia District Attorney Fani Willis will soon announce an additional indictment against Trump, also pertaining to his role in 2020 election interference. (Jurist)

US prosecutor blocks release of January 6 materials

Jack Smith, the special prosecutor handling Donald Trump’s case related to the January 6th Insurrection and alleged election interference, filed a motion Aug. 4 requesting a protective order to prevent Trump from making public some evidentiary materials due to inflammatory statements made on his social media. In the motion, Smith argued: “If the defendant were to begin issuing public posts using details—or, for example, grand jury transcripts—obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case.” (Jurist)

Georgia grand jury indicts Donald Trump

A Georgia grand jury indicted Donald Trump on 13 criminal charges late on the night of Aug. 14. The 41-count indictment alleges that Trump, along with 18 co-defendants, including former Trump attorneys Rudy Giuliani and John Eastman, conspired to interfere in Georgia’s election process during the 2020 US presidential election. This is now the fourth criminal indictment Trump faces as he continues to campaign for the 2024 presidential election. (Jurist)

Giuliani liable for defaming Georgia election workers

A US federal court in Washington DC found former Trump lawyer Rudy Giuliani guilty on Aug. 30 of defaming Georgia election workers Ruby Freeman and Shaye Moss during the 2020 presidential election. Freeman and Moss charged that after Georgia election results were released in favor of Joe Biden, Giuliani engaged in a “media offensive” against them as a member of former President Donald Trump’s re-election team. District Judge Beryl Howell ordered that a judgment be entered against Giuliani for “defamation, intentional infliction of emotional distress [and] civil conspiracy.” (Jurist)

New York AG: Trump overvalued business assets

New York Attorney General Letitia James asked a state court on Aug. 30 to declare that Donald Trump inflated the value of various assets between $812 million and $2.2 million each year since 2011. James asked Judge Arthur Engoron to issue a summary judgment on the matter, which would result in a finding of liability without a trial. Trump denied the allegations in testimony. James’ filing is a part of her broader financial fraud civil case against Trump, the Trump Organization and its senior management—including Trump’s children. (Jurist)

Two more Proud Boys sentenced in Jan. 6 sedition case

Two more members of the Proud Boys were sentenced to prison on Sept. 1 for their roles in the attack on the Capitol on Jan. 6, 2021, with a ground commander in the far-right group, Ethan Nordean, given 18 years, and Dominic Pezzola, the man who set off the initial breach of the building by smashing a window with a riot shield, getting 10 years. (NYT)

Proud Boys leader sentenced to 22 years for seditious conspiracy

Enrique Tarrio, national leader of the Proud Boys, was sentenced Sep. 5 to 22 years in prison for masterminding a “seditious conspiracy” aimed at derailing the transfer of power from Donald Trump to Joe Biden. The sentence is the lengthiest among hundreds arising from the Jan. 6 attack on the Capitol. (Politico)

Mark Meadows criminal case to stay in Georgia

A US federal district court on Sept. 8 denied former Trump White House Chief of Staff Mark Meadows’ request to remove two Georgia state criminal charges to federal court. Both charges concern efforts to alter the outcome of the 2020 election. (Jurist)

New York judge finds Trump committed fraud

A New York judge found on Sept. 26 that Donald Trump and his business associates committed fraud by lying about the financial valuation of various business assets from as early as 2011. Judge Arthur Engoron granted New York Attorney General Letitia James’ motion for partial summary judgment and effectively ordered the dissolution of “any of the entity defendants” and “any other entity controlled or beneficially owned by” Trump and his business associates. (Jurist)

Judge punishes Giuliani for failure to comply with court order

A federal judge on Oct. 13 issued an order punishing Rudy Giuliani for “continued and flagrant disregard” of court demands. The order resulted from Giuliani’s “failure to comply” with an Aug. 30 order, which was issued after he was found guilty of defaming two Georgia election workers during the 2020 election. The August order instructed him to submit additional evidence concerning his financial assets and his social media viewership and finance metrics. The purpose of the additional evidence was to assist the jury in determining whether Giuliani benefited financially from defaming the plaintiffs and what appropriate damage awards should be.

Judge Beryl Howell issued the present order under Federal Rule of Civil Procedure 37(b)(2)(A). The rule allows the court to establish the unanswered allegations of the opposing party as facts. It also prohibits the “disobedient party” from challenging those facts or introducing conflicting evidence. (Jurist)

New York judge fines Trump for violation of gag order

Third former Trump attorney pleads guilty in Georgia

Appeals court temporarily freezes gag order against Trump

The United States Court of Appeals for the Federal District of Columbia Circuit on Nov. 3 temporarily froze a gag order against Trump. The per curium decision stated the purpose of the temporary freeze was to give the court time to consider an appealed emergency motion for a stay of the order requested by the former president. (Jurist)

Minnesota Supreme Court permits Trump to remain on ballot

Colorado judge keeps Trump on ballot

A Colorado judge on Nov. 17 found that Donald Trump engaged in insurrection during the Jan. 6, 2021 attack on the US Capitol—but rejected a bid to keep him off the state’s primary ballot. District Judge Sarah B. Wallace found that it is unclear whether the constitutional amendment barring insurrectionists from public office applies to the presidency. (AP)

Appeals court weighs Trump gag order arguments

Lawyers for Donald Trump presented oral arguments before a DC appeals court Nov. 20, arguing that the gag order prohibiting Trump from disparaging participants in his election interference criminal case violates the former president’s right to free speech. A three-member panel of the US Court of Appeals for the District of Columbia Circuit weighed Trump’s First Amendment rights with the interest of a fair and impartial trial.

US District Judge Tanya Chutkan in Washington, who oversees Trump’s election interference criminal case, set the gag order after she determined his campaign speechesand social media posts could influence witnesses and lead to threats against lawyers and other public officials. The order restricts his speech about potential witnesses, prosecutors, and court staff.

In their appellee brief, federal prosecutors highlighted one Trump comment: “If you go after me, I’m coming after you!” This remark apparently inspired one of Trump’s followers to call the district court’s chambers, making racial slurs and adding: “If Trump doesn’t get elected in 2024, we are coming to kill you… You will be targeted personally, publicly, your family, all of it.” (Jurist)

Judge in Trump fraud trial urges appellate court to uphold gag order

New York appeals court reinstates Trump gag order

A New York appellate court reinstated a gag order Nov. 30 on Donald Trump in the latest development in the state’s civil fraud trial against the former president and his family’s business. In a two-page order, the Supreme Court of the State of New York denied Trump’s appeal to stay a gag order imposed by Judge Arthur Engoron. (Jurist)

Appeals court denies Trump immunity claim

A Washington DC federal appeals court found on Dec. 1 that Donald Trump is not immune from civil lawsuits for his role in the January 2021 Capitol riot. The decision from the US Court of Appeals for the DC Circuit means that three civil lawsuits—from Capitol police officers and members of the US Congress who were present on the day of the riot—against the former president may proceed. (Jurist)

Federal appellate judge upholds but narrows Trump gag order

A US federal appeals court upheld on Dec. 8 a gag order against Donald Trump imposed by the district judge overseeing his criminal case in Washington DC. The US District Court of Appeals for DC agreed with the district judge that some gag order is needed in the case to ensure the “fair and orderly adjudication of the ongoing criminal proceeding,” but held that the gag order was too broad. Under the new order, Trump will continue to be prohibited from making any public statements about any witnesses to the case, federal prosecutors, the court staff and their families. Trump will, however, now be able to make public statements about Special Prosecutor Jack Smith, the federal prosecutor overseeing two criminal cases against Trump. (Jurist)

New York appeals court upholds Trump gag order

A New York appeals court on Dec,. 14 rejected Donald Trump’s effort to overturn a gag order imposed by a lower court judge in the state’s civil fraud trial against him and his family’s business. Though the appellate process remains ongoing, the civil trial came to an end Dec. 13. Trump indicated his intention to appeal the decision on the gag order to the state’s highest court, the New York Court of Appeals. (Jurist)

The parties are scheduled to file supplemental briefs in the case Jan. 5 and return to court for oral arguments Jan. 11 before Judge Arthur Engoron renders a final verdict. (CNN)

Trump seeks to dismiss Georgia election interference charges

Donald Trump asked a Georgia court on Dec. 18 to dismiss the 13 criminal charges against him in Fulton County District Attorney Fani Willis’ 2020 presidential election interference case. Trump claimed that, because all of the charges stem from political speech or advocacy, the First Amendment shields him from criminal responsibility. Trump pleaded not guilty to all 13 charges on Aug. 31. (Jurist) 

Colorado Supreme Court disqualifies Trump from 2024 ballot

The Colorado Supreme Court held on Dec. 19 that former US President Donald Trump is disqualified from holding the office of the presidency and held that he can no longer appear on the state’s Republican primary ballot in the upcoming 2024 presidential race. The court’s decision overturned a previous district court ruling which found that, although Trump “engaged in insurrection,” he was not disqualified from holding office under Section 3 of the US Constitution’s Fourteenth Amendment. Trump has already indicated that he will appeal the decision to the US Supreme Court—the final court of appeal in the country. (Jurist)

West Virginia federal judge keeps Trump on ballot

US District Judge Irene Berger dismissed a lawsuit on Dec. 21 aimed at preventing Donald Trump from appearing on West Virginia’s primary ballot next year. The case, brought by declared presidential candidate John Anthony Castro, cited cited Section 3 of the Fourteenth Amendment. Castro was deemed to lack standing to bring the case. (Jurist)

Michigan Supreme Court permits Trump to remain on ballot

The Michigan Supreme Court on Dec. 27 rejected an attempt to remove Donald Trump from the 2024 primary ballot based on the 14th Amendment’s “insurrectionist ban.” (CNN)

Maine removes Trump from state’s 2024 ballot

Maine Secretary of State Shenna Bellows disqualified Donald Trump from the state’s 2024 presidential primary ballot on Dec. 26, citing Section 3 of the US Constitution’s Fourteenth Amendment. Maine is now the second state to remove Trump from the ballot, joining Colorado.

In a 34-page decision Bellows wrote:

I am mindful that no Secretary of State has ever deprived a presidential candidate of ballot access based on Section Three of the Fourteenth Amendment. I am also mindful, however, that no presidential candidate has ever before engaged in insurrection.

Bellows’ decision stems from three challenges from Maine voters. (Jurist)

Trump accepted millions from foreign states during presidency: lawmakers

During his presidency, Donald Trump accepted millions of dollars from foreign states including China, Saudi Arabia, and the Democratic Republic of Congo, according to a report released Jan. 4 by Democratic lawmakers. Through entities he owned or controlled, the report alleges, Trump accepted at least $7.8 million from at least 20 countries spanning the globe during his presidency, and in doing so, failed to seek Congressional approval, in violation of the US Constitution’s Emoluments Clause. (Jurist)

Massachusetts voters seek to keep Trump off state ballot

Massachusetts voters filed an objection Jan. 4 with the state Ballot Law Commission seeking to remove Donald Trump from the state’s 2024 Republican primary ballot. (Jurist)

Trump seeks immunity in Georgia election interference case

Donald Trump filed a motion Jan. 8 to dismiss state-level criminal charges in Georgia, asserting immunity claims in the election interference case. In seeking to have the Georgia judge dismiss the case, Trump asserts that the indictment is unconstitutional because he was acting in his official presidential capacity.

In the 67-page motion, Trump argues for absolute immunity, citing Nixon v. Fitzgerald, in which the Supreme Court held that a former president has immunity from civil liability in acts that fall in the “outer perimeter” of their official duties. (Jurist)

US appeals court hears Trump immunity claim

The US Court of Appeals for the DC Circuit heard oral arguments from federal prosecutors and Donald Trump’s legal team on the issue of presidential immunity Jan. 9. Trump argued that he is shielded from criminal liability in Special Counsel Jack Smith’s case against him, over interference in the 2020 US presidential election. (Jurist)

Maine appeals court delays ruling on removal of Trump from ballot

The Maine Superior Court on Jan. 17 temporarily delayed a decision from the Maine Secretary of State Shanna Bellows to exclude Trump from the state’s primary election ballot. Judge Michaela Murphy remanded Trump’s appeal of Bellows’ decision pending a ruling from the US Supreme Court on the constitutionality of Trump’s removal from Colorado’s ballot. (Jurist)

Maine secretary of state appeals delay in Trump ballot removal

Maine Secretary of State Shenna Bellows appealed a court ruling Jan. 19 that delayed a judgment on whether the removal of Donald Trump from the 2024 primary ballot was valid under the US Constitution’s Fourteenth Amendment. (Jurist)

US appeals court rejects Trump request to review gag order

The US Court of Appeals for the DC Circuit rejected Jan. 23 Donald Trump’s appeal to have a gag order against him reviewed by the entire bench—a process known as en banc rehearing. Originally imposed by US District Judge Tanya Chutkan on Oct. 16, the gag order restricts Trump from making public statements that could potentially influence trial witnesses or the jury pool ahead of his criminal trial over alleged interference in the 2020 presidential election. A three-judge panel of the appeals court upheld most of Chutkan’s order on Dec. 8. (Jurist)

Trump ordered to pay $83 million for defaming E. Jean Carroll

Trump election interference trial indefinitely postponed​

A DC federal judge indefinitely postponed the trial date in Donald Trump’s 2020 election interference case. US District Judge Tanya Chutkan vacated the trial date, originally set for March 4, since both parties are still awaiting a decision from the US Court of Appeals for the DC Circuit on Trump’s claim of immunity. Chutkan previously stayed any further court filings in the case for the same reason. (Jurist)

Trump appeals DC Circuit rejection of ‘absolute’ immunity

Donald Trump asked the US Supreme Court on Feb. 11 to hear his appeal of a decision by the US Court of Appeals for the DC Circuit that denied his claim of “absolute” presidential immunity from criminal prosecution in the 2020 election interference case. Proceedings in that case have been on pause since Trump filed his first appeal on the issue. (Jurist)

New York DA requests gag order for Trump​

The New York County District Attorney’s Office requested on Feb. 26 that a New York state court place a gag order on former President Donald Trump. The order would bar Trump from making “prejudicial extrajudicial statements” during his upcoming falsified business records criminal case.

In the 331-page request, District Attorney Alvin Bragg, Jr. argues that the gag order is necessary due to Trump’s “long history of making public and inflammatory remarks” that impact court proceedings. The request focuses heavily on Trump’s social media posts. Bragg asserts that past posts “resulted in credible threats of violence, harassment, and intimidation.” He specifically referred to death threats made toward him and his family following a social media post in which Trump “falsely stated” he was about to be arrested and for his supporters to “PROTEST, TAKE OUR NATION BACK!”

The falsified documents case involves “hush-money” payments made to Stormy Daniels during the 2016 election to hide an alleged affair between Trump and Daniels. The prosecution says that Trump paid $130,000 to Daniels through his attorney, Michael Cohen. Daniels was allegedly paid through a shell company to hide the payments. The prosecution goes on to say that after the 2016 election, Trump repaid Cohen in monthly installments disguised as attorney’s fees. Cohen has since served prison time for his role in the alleged scheme. Trump pleaded “not guilty” to the 34 charges in April 2023. (Jurist)

NYS judge will not halt collection Trump civil fraud penalty

New York Appellate Division Associate Justice Anil Singh ruled Feb. 28 that $454 million in penalties imposed on Donald Trump in his civil fraud case will not be paused while he appeals the judgment. Trump had offered to post a $100 million bond while the appeals process plays out, writing in court filings that the staggering judgment made it “impossible” to secure a bond covering the full amount. Posting a bond in the full amount would automatically halt enforcement of the penalties.

However, Singh did grant a temporary pause on two other elements of Judge Arthur Engoron’s ruling earlier this month: that Trump and his co-defendants may not serve in top leadership positions in any New York business, and that the defendants cannot apply for loans from any New York financial institution. (Jurist, The Hill)

Supreme Court to hear arguments on Trump immunity claim

The US Supreme Court agreed on Feb. 28 to hear  Donald Trump’s immunity claim in the federal 2020 election interference case against him. The court also agreed to extend a pause on the Washington DC trial court proceedings in the case, which were set to resume after the US Court of Appeals for the DC Circuit rejected Trump’s claim of immunity. (Jurist)

Trump Organization CFO pleads guilty

Former Trump Organization chief financial officer Allen Weisselberg pled guilty March 4 to two counts of perjury in the first degree and surrendered to the Manhattan District Attorney’s Office. The DA’s office is currently recommending five months in jail, but if he breaks the terms of his probation, he could face up to seven years.

The perjury claims are related to testimony Weisselberg gave at a July 2020 deposition in New York Attorney General Letitia James’ case against Donald Trump. Weisselberg is still on probation for tax evasion on perks he received while serving the Trump Organization. (Jurist)

UK High Court dismisses Trump’s Steele Dossier lawsuit

Fulton County DA may remain on election interference case

The Georgia judge overseeing the state’s 2020 election interference case decided March 15 that the district attorney leading the case, Fani Willis, must either step aside or remove a special prosecutor appointed to the case, Nathan Wade. The decision comes after the two were accused of having an intimate relationship. Judge Scott McAfee found that the case against Donald Trump and his co-defendants coud not move forward until Willis moved on the matter. (Jurist) Immeiately upon the decision, Nathan Wade resigned. (CNN)

Former Trump aid Peter Navarro begins prison sentence

Peter Navarro, an ex-aide to President Trump, has reported to a federal prison in Miami, the first former White House official to be imprisoned for a contempt of Congress conviction. Navarro was sentenced to four months in prison for his refusal to comply with a subpoena from the House Select Committee that investigated the Jan. 6, 2021 US Capitol attack. Before reporting to prison March 19, Navarro spoke to reporters for 30 minutes at a gas station, calling the case against him an “unprecedented assault on the constitutional separation of powers.” (CNN)

A day earlier, US after Chief Justice John Roberts denied Navarro’s motion to delay imposition of the sentence. (Jurist)

New York judge sets trial date for Trump in Stormy Daniels case

A New York judge has set an April 15 start date for Manhattan District Attorney Alvin Bragg’s criminal case against Donald Trump. The trial was originally scheduled to proceed on March 25, but the prosecution disclosed almost 100,000 pages of discovery shortly before the scheduled start date, which caused Trump’s legal counsel to petition the court for more time to prepare. Judge Juan Manuel Merchan agreed to a 30-day delay to the start date—a decision he upheld on March 25.

If the case proceeds as scheduled, it will be the first of the four criminal trials pending against the former president to go to trial. Trump has pleaded not guilty to 34 counts of “falsifying business records in the first degree.” The charges stem from alleged “hush money” payments made from former Trump attorney Michael Cohen to adult film star Stormy Daniels to keep potentially damaging information from the voting public during the 2016 presidential election. (Jurist)

Judge expands Trump gag order

The judge in Donald Trump’s hush-money criminal case expanded the gag order on the ex-president after he assailed the judge’s daughter and made a false claim about her on social media.

Judge Juan M. Merchan said his original gag order issued last week did not include members of his family, but Trump’s subsequent actions warranted including them. Merchan’s daughter, Loren Merchan, is a Democratic political consultant. Trump wrote on his Truth Social platform that Loren Merchan “makes money by working to ‘Get Trump,'” and wrongly accused her of posting a social media photo showing him behind bars. (AP)

Judge upholds Georgia indictment against Trump

The Georgia judge overseeing Donald Trump’s 2020 election interference case upheld the criminal indictment against him on April 4. Trump’s legal team had argued that his actions during the certification of the 2020 presidential election amounted to protected speech under the First Amendment. However, Judge Scott McAfee rejected this claim. (Jurist)

Appeals court denies Trump motion to delay hush-money case​

A New York state appellate court denied an effort by Donald Trump on April 8 to delay the start of his upcoming criminal trial concerning falsified documents. The New York Times reported that Trump filed several challenges against Judge Juan Merchan, who is overseeing the case. With the appellate court’s denial, the case remains set to proceed to trial on April 15. (Jurist)

SCOTUS hears arguments in Jan. 6 Capitol attack obstruction case

The US Supreme Court heard oral arguments April 16 concerning obstruction of justice charges in cases related to the Jan. 6 riots at the US Capitol building in 2020.

Justices from the court’s conservative bloc expressed skepticism at the government’s broad reading of 18 U.S.C. § 1512(c), the statute used to charge the accused rioters. The court’s liberal wing, however, appeared to be in lockstep with interpreting the statute to include the actions taken during the Jan. 6 riots.

The statute, which was part of the Corporate Fraud and Accountability Act of 2002, was originally passed after the Enron scandal to create a crime for individuals intending to destroy or attempt to destroy documents or other evidence so they could not be used in an “official proceeding.” (Jurist)

SCOTUS hears oral arguments on presidential immunity

The US Supreme Court heard oral arguments April 25 in Trump v. US, concerning whether charges of federal election interference against Trump can move ahead. The court is to determine “whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

Justice Elena Kagan asked how immunity would apply if a president ordered the military “to stage a coup.” Trump attorney John Sauer said that in such a case, it “may well be an official act” that would require impeachment and conviction before he is prosecuted.

Justices Sonia Sotomayor and then Samuel Alito touched on another provocative hypothetical raised in Trump’s battle for “absolute immunity” over what he claims were official acts: could a commander in chief order SEAL Team 6 to assassinate a political rival and not face prosecution?

Sauer prevaricated: “It would depend on the hypothetical. We could see that could well be an official act.”

The same question had been riased in a lower court proceeding in the case in January. (ABC, CNN, Jurist)

No new trial for Trump in E. Jean Carroll defamation case

A New York federal judge on April 25 rejected Donald Trump’s request for a new trial or judgment in his favor on Thursday in the defamation case won by E. Jean Carroll. Trump challenged the $83.3 million jury verdict against him—which includes $18.3 million in compensatory and $65 million in punitive damages—but Judge Lewis Kaplan found his motion “without merit.” (Jurist)

New York court threatens jail for Trump

Donald Trump claimed May 7 that a gag order imposed against him ahead of his ongoing New York hush money trial was unconstitutional. The comments came a day after the former president was held in criminal contempt for the second time in a week and threatened with incarceration. (Jurist)

Jan. 6 felony rioter Derrick Evans loses GOP House primary

Derrick Evans, a Jan. 6 rioter who admitted in court that he committed a felony crime against police officers when he stormed the Capitol while yelling “Derrick Evans is in the Capitol!,” lost a Republican primary race against incumbent Rep. Carol Miller in West Virginia, NBC News projects.

Evans pleaded guilty to a felony count of obstructing or impeding officers during a civil disorder and was sentenced to three months in prison in June 2022. Evans struck an apologetic tone after he admitted under oath in court that he had, in fact, knowingly committed a felony crime on Jan. 6, 2021. But he has since rebranded himself as a “political prisoner” and spread conspiracy theories about the attack in which he took part.

Arizona fake electors, Trump aides plead not guilty

Nine Arizona Republicans and two Trump aides pleaded not guilty in a Maricopa County court on May 21 to criminal charges stemming from a plan to keep Donald Trump in the White House by falsely certifying he won the state in 2020.

Former Trump lawyer Rudy Giuliani, who evaded and taunted prosecutors for weeks as they attempted to serve his court summons, was ordered to post a $10,000 bail bond and come to Arizona for booking within 30 days. Giuliani was served the indictment at a party for this 80th birthday hosted by local Republicans in Palm Beach, Fla. (Arizona Republic)

Supreme Court limits scope of obstruction statute

Bannon begins prison term for contempt of Congress

Former Trump adviser Steve Bannon surrendered to law enforcement July 1 to begin his four-month prison sentence for contempt of Congress. Found guilty of defying a subpoena from the House select committee investigating the Jan. 6 Capitol riot, he is to serve his term at the Federal Correctional Institute Danbury, Connecticut. (ABC News)

Capitol Hill bid to reverse Supreme Court immunity decision

Democratic congressman Joe Morelle of New York announced plans Jul 3 to attempt to reverse this week’s Supreme Court ruling on Donald Trump’s immunity claims. He said in a statement: “I am introducing a constitutional amendment to reverse the Supreme Court’s catastrophic decision and ensure no president is above the law. This amendment will do what they failed to do—prioritize our democracy. The Supreme Court decision will cause a seismic shift in the powers of the presidency unless we take immediate action to ensure accountability, integrity, and justice prevail.” (Jurist)

Convicted felons at Republican National Convention

Peter Navarro was invited to speak at the Republican National Convention just after being released from a Miami prison. He completed a four-month sentence for defying a subpoena from the House Jan. 6 committee. He was greeted with a standing ovation and quickly joked that he wished the audience could see the MAGA tattoo he got in prison. (NBC)

Former Trump campaign chairman Paul Manafort, also a convicted felon, was spotted on the convention floor. (WashEx)

In order to travel to the Republican National Convention in Milwaukee this week, three Arizona delegates needed permission from a judge.

That’s because GOP Arizona state Sens. Jake Hoffman and Anthony Kern, as well as Nancy Cottle, are among the 18 people indicted by an Arizona grand jury for their roles in an alleged scheme to upend the 2020 presidential election by throwing their state’s 11 Electoral College votes to former President Trump.

Hoffman, Kern and Cottle aren’t the only people in this situation who are at the convention in Milwaukee. Three delegates from Georgia, five from Nevada and two from Michigan also face charges for similar “fake elector” schemes in their respective states, according to an NPR review of delegate rosters and news reports.

Judge approves Trump defamation suit against Pulitzer board

A state judge in Florida ruled July 20 in favor of Donald Trump, allowing his libel lawsuit against the Pulitzer Prize board to proceed.  The lawsuit centers on a statement made by the board in 2022 defending its 2018 award to the New York Times and Washington Post for their investigative work on Russian interference in the 2016 presidential election and connections between Russia and the Trump campaign. (Jurist)

Court sentences Jan. 6 rioter to 20 years

The US District Court for the District of Columbia on Aug. 9 sentenced California resident David Nicholas Dempsey to 20 years imprisonment for attacking police in the course of rioting at the US Capitol on Jan. 6, 2021. (Jurist)

Manhattan prosecutors defer to judge on Trump sentencing

Prosecutors from the Manhattan district attorney’s office said Aug. 19 that they will defer to the judge on Donald Trump’s bid to delay his sentencing in the “hush money” case until after the election.

The sentencing hearing is scheduled for Sept. 18—two days after New York Judge Juan Merchan is expected to rule on Trump’s motion to toss out his conviction in light of the US Supreme Court’s decision on presidential immunity in a different case. (NBC)

Federal court rejects Trump bid to intervene in hush-money case

The US District Court for the Southern District of New York  on on Sept. 3 rejected Donald Trump’s motion to move his New York hush money case to federal court, an attempt that could overturn Trump’s conviction or delay his sentencing until after the presidential election in November. (Jurist)

Hitler fanboy hosted at Trump golf club

Donald Trump is under fire for allowing his golf club in Bedminster, New Jersey, to host several events organized by a Nazi sympathizer who was sentenced to four years in prison for participating in the Jan. 6 Capitol riots.

Timothy Hale-Cusanelli, is described by the Department of Justice as a committed Nazi sympathizer who would show up to work at a naval weapons station with a “Hitler mustache” and tell co-workers that “Hitler should have finished the job.”

At a recent fundraiser at Bedminster for the Patriot Freedom Project, a nonprofit created to support Capitol riot defendants, Trump praised the attendees as “amazing patriots” in a video message, according to an NPR report published Thursday. The group was founded by Cynthia Hughes, Hale-Cusanelli’s adoptive aunt. The Patriot Freedom Project also hosted a fundraiser at Bedminster in August 2023. (The Forward)

Prosecution: Trump lacks immunity for election crimes

US federal prosecutors on Oct. 2 released a redacted motion arguing that former president Donald Trump does not have immunity from prosecution for crimes related to the 2020 election because they were committed outside of official presidential conduct.

This case is a remand before US District Court for the District of Columbia of the Supreme Court’s decision in Trump v. United States on July 1, 2024, in which the court held that presidents are immune from prosecution for certain official conduct. (Jurist)

Judge approves release of redacted evidence against Trump

US District Court Judge Tanya Chutkan on Oct. 10 approved the release of redacted evidence against former President Donald Trump in his federal election interference case. The order’s timing is significant; it comes less than one month prior to the 2024 elections, in which Trump is the Republican candidate, and in the aftermath of a US Supreme Court ruling granting broad immunity for presidential acts.

The case is currently on remand before Chutkan’s court. In her ruling, the judge stated: “The court determines that the Government’s proposed redactions to the Appendix are appropriate, and that Defendant’s blanket objections to further unsealing are without merit.”

Trump has one week to appeal Chutkan’s order. (Jurist)