Trump launches new fraud trial attack after gag order lifted: Live

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Donald Trump may still appear on the 2024 primary presidential ballot in Colorado, a state judge ruled – shutting down efforts to remove the former president by invoking the 14th Amendment.

The attempt to remove Mr Trump from the ballot was based on the claim that he is constitutionally barred from office because of the January 6 insurrection.

Earlier, the judge in Donald Trump’s civil fraud trial brought against him by New York Attorney General Letitia James threw out the former president’s bid for a mistrial.

Justice Arthur Engoron said he could not “in good conscience” let Trump pursue a request that was “utterly without merit.”

The ruling comes after Mr Trump launched a fresh attack on Judge Engoron’s court clerk almost as an appeals court judge paused the gag order which was introduced following his previous comments about her on social media.

The former president took to Truth Social to take advantage of the opportunity to attack the judge’s “ridiculous” and “unconstitutional” gag order, and his “politically biased and out of control, Trump Hating Clerk”.

Meanwhile, in the Washington, DC, federal case against Mr Trump concerning 2020 election interference, Justice Tanya Chutkan denied a motion to remove language relating to violence during the January 6 Capitol riot from the indictment.

The former president’s legal team argued the statements were prejudicial but the judge noted the jury would not receive a copy of the indictment.

Finally, Fulton County prosecutors have proposed a trial date of 5 August in the Georgia election subversion case. Mr Trump opposes the date and has called for a hearing.

Key Points

  • Colorado judge rules Trump can remain on 2024 primary ballot

  • Trump loses bid for mistrial in New York fraud case

  • Trump instantly lashes out at court clerk as soon as gag order lifted

  • Judge rejects Trump attempt to remove Jan 6 responsibility statements from federal indictment

  • Fulton County prosecutors propose 5 August trial date for Trump

22:14 , Kelly Rissman

Highlights: Trump stops in Iowa

While making a campaign stop in the Hawkeye state, the former president bashes Joe Biden, Adam Schiff, and Ron DeSantis.

Mr Trump also promised the “Trump Reciprocal Trade Act,” in which he would implement an “identical” tariff rate on a country that places a tariff on the US. “That will solve the problem,” Mr Trump said. He specifically took aim at China.

He also discussed crime. He said he hoped to fix the cities “in decay,” which are run by Democrats. He claimed that he talked to a policeman backstage, who said there’s no crime in Iowa. “They’ll stop all the problems with crime,” Mr Trump said of law enforcement and called for their respect.

Biden brands Trump ‘loser’ for Nazi rhetoric

20:45 , Oliver O'Connell

President Joe Biden slammed his predecessor Donald Trump’s aggressive rhetoric, including the use of the word “vermin” to describe opponents, which has been compared to that of fascist leaders Adolf Hitler and Benito Mussolini.

In a speech on Veterans Day, Mr Trump argued that his domestic opponents are more of a threat to the US than the likes of China, Russia and North Korea.

Mr Trump, 77, spoke in Claremont, New Hampshire, telling the crowd in his usual grievance-laden parlance: “We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections.”

Biden slams ‘loser’ Trump for Nazi rhetoric

Jimmy Kimmel delivers droll response to Trump’s demand for apology

18:45 , Oliver O'Connell

Jimmy Kimmel has fired back at Donald Trump’s media company after they demanded an apology for the talk show host’s recent segment on Truth Social.

Mr Kimmel, host of late-night talk show Jimmy Kimmel Live, ran a segment about Truth Social, Donald Trump’s social media platform, earlier this week in which he claimed the platform has lost $73 million since its launch. Several media outlets ran the same number — such as Reuters and MSNBC — before issuing corrections, noting the platform had actually lost $31.6 million.

Trump Media and Technology Group demanded a retraction and apology from the talk show host — which Mr Kimmel delivered in his classic fashion.

Jimmy Kimmel delivers droll response to Trump’s demand for Truth Social apology

Ramaswamy under fire after he echoes Trump’s ‘vermin’ comments

16:45 , Oliver O'Connell

Vivek Ramaswamy became embroiled in a heated on-air argument with CNN anchor Abby Phillip when he was asked whether he believed the term “vermin” to be neo-Nazi rhetoric.

Former President Donald Trump used the term when speaking to a crowd in New Hampshire recently, telling his supporters “We will root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our county.”

Instead of directly answering the question, Mr Ramaswamy instead lashed out at Phillip.

Michelle Del Rey has the story.

Vivek Ramaswamy under fire after he echoes Trump’s ‘vermin’ comments

16:00 , Kelly Rissman

Former President Donald Trump praised the public release of the January 6 tapes

“Congratulations to Speaker of the House, Mike Johnson for having the Courage and Fortitude to release all of the J6 Tapes, which will explicitly reveal what really happened on January 6th!” Mr Trump wrote on Truth Social on Friday. A January 6 subcommittee wrote in its 2022 final report that Mr Trump was the “central cause of” the events of the Capitol riot.

Mr Johnson announced the decision earlier on Friday, saying allowing access to the footage “will provide millions of Americans, criminal defendants, public interest organizations, and the media an ability to see for themselves what happened that day, rather than having to rely upon the interpretation of a small group of government officials.”

A number of Republicans also joined in celebrating Mr Johnson’s move.

Read the full story...

Trump celebrates release of violent January 6 tapes

15:02 , Kelly Rissman

Mr Trump starts blasting judge and New York AG in civil fraud case again after gag order lifted

“Judge Arthur Engoron, the most overturned and stayed Judge in the State, and the Racist New York State Attorney General, the most corrupt & incompetent A.G. in the Country... have FRAUDULENTLY Undervalued my properties, by many times, in order to make me look bad,” Mr Trump wrote in a rage-filled Truth Social post on Saturday morning.

“This Judicial and Prosecutorial corruption and misconduct took place BEFORE THE TRIAL EVEN STARTED, & WITHOUT ANY KNOWLEDGE OF THE CASE. Judge Engoron just did what the highly partisan A.G. told him to do. He is her complete and total puppet!” the former president wrote.

Fresh Trump claims about his role in January 6 Capitol riot revealed in new audio

14:45 , Oliver O'Connell

Former President Donald Trump said he thinks he would’ve been “very well received” by crowds at the Jan 6 insurrection, according to newly revealed audio.

The revelation was brought to light in ABC News’ Chief Washington Correspondent Jonathan Karl’s new book, Tired of Winning: Donald Trump and the End of the Grand Old Party.

The recording was from a conversation Mr Karl and Mr Trump had in 2021, which mainly focused on the former president’s reaction to the day’s events.

Michelle Del Rey reports.

Audio reveals fresh Trump claims about January 6 Capitol riot

Trump bid for mistrial in New York fraud case denied by judge

14:15 , Oliver O'Connell

The New York judge overseeing Donald Trump’s civil trial for fraud allegations has rejected a motion from the former president’s attorneys for a mistrial.

A filing from attorneys for Mr Trump and his co-defendants argued that the case was “tainted” with “tangible and overwhelming” evidence of “apparent and actual bias” from Judge Arthur Engoron and his chief clerk, who has been the subject of ongoing attacks from Mr Trump and his allies, which prompted the judge to issue a gag order in the case that prevented parties from disparaging court staff.

In his order on Friday, Judge Engoron shot down “nonsensical” legal arguments from Mr Trump’s legal team involving his clerk, and underscored his “unfettered right” to consult with his law clerks throughout the course of a trial.

Alex Woodward reports.

Trump loses bid for mistrial in New York fraud case

Trump lashes out at court clerk as soon as gag order lifted

13:45 , Oliver O'Connell

In probably the least surprising development in all of the many Trump trials and cases that this blog tracks, Donald Trump launched a fresh tirade on both the judge and his chief court clerk in his New York civil fraud trial just hours after a gag order banning him from criticising court personnel was paused.

Judge Arthur Engoron had issued the gag order in the case after the former president made a series of false and disparaging remarks about his chief clerk of court Allison Greenfield both to reporters outside the courtroom and on his Truth Social account.

Mr Trump had already violated the gag order twice and incurred $15,000 in fines as a result.

The judge then expanded the order to include his attorneys after Mr Trump’s attorneys also criticised the clerk in the courtroom earlier this month, alleging “bias” against his client and amplifying allegations outlined in a right-wing news website.

But on Thursday, Associate Justice David Friedman of the state’s intermediate appeals court agreed to temporarily lift the gag order, “considering the constitutional and statutory rights at issue”.

Trump instantly lashes out at court clerk as soon as gag order lifted

Trump furious after Biden sees no charges in documents case

12:45 , Oliver O'Connell

Donald Trump lashed out at President Joe Biden and the Department of Justice in an all-caps Truth Social rant after the news came that Mr Biden will face no charges following allegations that he mishandled classified documents.

The special counsel in the case, Robert Hur, isn’t expected to charge anyone linked to the alleged mishandling of classified documents at two places connected to Mr Biden, two people told CNN.

Mr Hur and his fellow investigators are writing a report after concluding their investigation, which lasted around a year, with the prosecutors expected to issue a critical assessment of Mr Biden and his staff for how they handled the sensitive documents.

Read the full report.

Appeals court judge pauses Trump fraud trial gag order

10:45 , Oliver O'Connell

An appeals court judge in New York has paused a gag order intended to block Donald Trump from disparaging members of a court in a civil fraud trial targeting the former president’s family business and real-estate empire, a measure that his attorneys claim is a violation of his First Amendment rights.

The judge overseeing the fraud case issued the order after the former president made a series of false and disparaging remarks about his chief clerk outside the courtroom and on his Truth Social account.

Mr Trump already has violated the order twice, incurring $15,000 in fines.

Read more...

Gag order in Trump’s fraud trial paused by appeals court judge

Manchin: Trump would destroy US democracy if he wins in 2024

08:45 , AP

West Virginia Sen. Joe Manchin, days removed from announcing he won’t seek reelection, said Wednesday that if the nation’s voters give former President Donald Trump another term in the White House, “he will destroy democracy in America.”

Manchin, whose home state voters overwhelmingly backed Trump in the last two presidential elections, made the comment on a press call with West Virginia-based reporters amid speculation that Manchin himself might be weighing a third-party run for president.

The moderate West Virginia Democrat said Wednesday that he would never want to be a “spoiler” who contributed to getting any other candidate elected. But he said he would do what he had to in order to save the country.

“If they said, ‘You’re the only person to do it,’ I’ll do whatever I can to save this nation,” he said.

Read more:

Trump would destroy US democracy if he wins in 2024, Manchin says

ICYMI: Trump co-defendant’s attorney confesses to Georgia witness videos leak

06:45 , Oliver O'Connell

The source of the leak of several witness proffer videos in Donald Trump’s sweeping RICO election interference case in Georgia has now been revealed.

Jonathan Miller, an attorney for one of Mr Trump’s co-defendants Misty Hampton, confessed in a court hearing on Wednesday that he was responsible the leak.

Mr Miller told Fulton County Superior Court Judge Scott McAfee that he was coming clean so that he can “sleep well tonight” and to prevent anyone else shouldering the blame – after legal teams for Mr Trump and co-defendant Rudy Giuliani sought to pin the leak on District Attorney Fani Willis’ office.

“In being transparent with the court and to make sure that nobody else gets blamed for what happened and so that I can go to sleep well tonight, judge, I did release those videos to one outlet,” Mr Miller confessed.

“In all candor to the court, I need the court to know that.”

Read the full report by Rachel Sharp

According to Trump, Kim Kardashian is world’s ‘most overrated celebrity'

04:45 , Oliver O'Connell

Former President Donald Trump took a break from bashing public officials in his New York civil fraud case and his 2024 rivals to take on Kim Kardashian.

In a rambling Truth Social rant, the former president called the reality TV star-turned-social justice campaigner the “World’s most overrated celebrity.”

His criticism comes as Jonathan Karl writes in his new book, Tired of Winning: Donald Trump and the End of the Grand Old Party, how the reality star leveraged her celebrity to urge the then-president to commute certain prison sentences.

Kelly Rissman reports.

Trump rants that Kim Kardashian is world’s ‘most overrated celebrity’

Fulton County prosecutors want Trump’s co-defendant jailed for witness intimidation

03:45 , Oliver O'Connell

One of Donald Trump’s co-defendants in Georgia’s election interference case could return to jail after he repeatedly violated the terms of his release, according to prosecutors in Atlanta.

A filing from the office of Fulton County District Attorney Fani Willis argues that Harrison Floyd, the leader of Black Voices for Trump, has “engaged in a pattern of intimidation” against his co-defendants and witnesses since he was released on bond in August.

Mr Floyd, like his co-defendants, was charged under the state’s anti-racketeering statute for allegedly joining a criminal enterprise to reverse Mr Trump’s loss in the state in the 2020 presidential election. He also is charged with conspiracy to commit solicitation of false statements and writings and influencing witnesses.

The terms of his release prohibited him from intimidating co-defendants and witnesses and from communicating “in any way, directly or indirectly, about the facts of the case” with any co-defendants or witnesses, except through his counsel.

Alex Woodward explains how he violated those terms.

Georgia prosecutors want Trump’s co-defendant jailed for witness intimidation

Giuliani and Ellis could testify at election workers’ defamation trial

02:45 , Oliver O'Connell

defence during a trial that will determine how much damage his false statements caused a mother-daughter pair of election workers at the centre of bogus conspiracy theories surrounding the 2020 election.

Donald Trump’s former attorney, who was found liable for defaming Georgia election workers Ruby Freeman and Shaye Moss, could be called to testify about his false statements as well as his team’s efforts to overturn the 2020 presidential election, according to a Tuesday filing with an outline of the case.

Jenna Ellis, among attorneys alongside Mr Giuliani who launched a spurious legal campaign to overturn election results, also is on the trial’s witness list, along with other Trump-connected figures Bernie Kerik and Christina Bobb, among others.

A trial is scheduled to begin on 11 December and will last up to four days.

Alex Woodward has the full story.

Trump drops bid to move Stormy Daniels case to federal court

01:45 , Oliver O'Connell

Former President Donald Trump dropped his effort to move his hush money case from New York state court to federal court.

On Tuesday, his attorneys asked the 2nd US Circuit Court of Appeals “to “dismiss his appeal in this case,” after a previous ruling that had declined the relocation, court documents reveal.

The filing came one day before the deadline for Mr Trump’s legal team to submit its brief for why the case should be moved from state to federal court.

The reason for the move is not immediately clear. A lawyer for Mr Trump declined to comment.

Kelly Rissman has the story.

Trump abandons bid to move Stormy Daniels case to federal court

Trump un-gagged could prime his fraud trial for more chaos

01:20 , Graeme Massie

Prosecutors and a New York judge reported threats surrounding the former president’s lawsuits and criminal cases. While his lawyers steer his fraud trial, he can’t be stopped from targeting them and others, for now.

Trump un-gagged could prime his fraud trial for more chaos

CREW reacts to Colorado judge’s judgement

00:57 , Graeme Massie

“The court’s decision affirms what our clients alleged in this lawsuit: that Donald Trump engaged in insurrection based on his role in January 6th,” said CREW President Noah Bookbinder.

“We are proud to have brought this historic case and know we are right on the facts and right on the law. When we filed this case, we knew it likely would not end at the district court level. We will be filing an appeal to the Colorado Supreme Court shortly. Today was not the end of this effort, but another step along the way.”

‘Loser’ Trump slammed by Biden for Nazi rhetoric

00:45 , Oliver O'Connell

President Joe Biden slammed his predecessor Donald Trump’s aggressive rhetoric, including the use of the word “vermin” to describe opponents, which has been compared to that of fascist leaders Adolf Hitler and Benito Mussolini.

In a speech on Veterans Day, Mr Trump argued that his domestic opponents are more of a threat to the US than the likes of China, Russia and North Korea.

Mr Trump, 77, spoke in Claremont, New Hampshire, telling the crowd in his usual grievance-laden parlance: “We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections.”

The former president has refused to accept the results of the 2020 election and continues to lie, falsely claiming that it was stolen.

Gustaf Kilander reports.

Biden slams ‘loser’ Trump for Nazi rhetoric

Colorado judge rules Trump can remain on 2024 primary ballot

00:17 , Graeme Massie

The attempt to remove Mr Trump from the ballot was based on the claim that he is constitutionally barred from office because of the January 6 insurrection.

Colorado judge rules Trump can remain on 2024 primary ballot

Hunter Biden’s team wants to subpoena Trump and DOJ officials

Friday 17 November 2023 23:45 , Oliver O'Connell

Attorneys for Hunter Biden have asked a judge to subpoena Donald Trump and several former US Department of Justice officials in a case surrounding his felony gun charges.

A filing from the legal team for President Joe Biden’s son lists Mr Trump’s “incessant, improper, and partisan pressure” campaign to investigate Hunter, his “incendiary” rhetoric, and a “sustained, almost-nonstop public pressure campaign” from Mr Trump and his allies in Congress who have criticised the Justice Department’s handling of the case.

The proposed subpoenas also seek testimony from former US Attorney General Bill Barr, former deputy Attorney General Jeffrey Rosen, and former US Attorney Richard Donoghue.

Hunter Biden seeks information “that goes to the heart of his defense that this is, possibly, a vindictive or selective prosecution arising from an unrelenting pressure campaign beginning in the last administration,” according to Mr Biden’s attorneys.

Read the full article.

ICYMI: Trump shares post calling for ‘citizen’s arrest’ of NYAG and fraud trial judge

Friday 17 November 2023 22:45 , Oliver O'Connell

The New York judge overseeing a trial targeting Donald Trump’s business empire and the state attorney general suing him for fraud have been inundated with threatening messages since the case launched last year.

The leading candidate for the 2024 Republican nomination for president has now shared a call for their arrest.

On his Truth Social platform on Tuesday, moments before the trial resumed in lower Manhattan, Mr Trump shared a post from a supporter whose “fantasy” is seeing New York Attorney General Letitia James and Judge Arthur Engoron “placed under citizens arrest” for “blatant election interference and harassment.”

Alex Woodward filed this report.

Trump shares call for ‘citizen’s arrest’ of Letitia James and his fraud trial judge

Trump opposes Fulton County 5 August trial date, calls for hearing

Friday 17 November 2023 22:22 , Oliver O'Connell

Steve Sadow, Donald Trump’s top Atlanta attorney, says his client opposes Fulton County Attorney General Fani Willis’s proposed 5 August 2024 trial date.

He asks Judge Scott McAfee to schedule a hearing for him to offer his arguments in opposition.

Speaker Johnson allegiance to ‘Trump and the ultra-right-wing faction of the House’ says Jan 6 spox

Friday 17 November 2023 22:18 , Oliver O'Connell

As Speaker Johnson releases first batch of Capitol riot footage from the Capitol, former House January 6 select committee spokesperson Hannah Muldavin says: “Speaker Johnson’s release of the Jan 6th tapes is a serious security concern and shows that his allegiance, like Kevin McCarthy’s before him, is to Donald Trump and the ultra-right-wing faction of the House.”

Elon Musk’s ‘abhorrent’ promotion of antisemitism condemned by White House

Friday 17 November 2023 22:15 , Oliver O'Connell

The White House has condemned tech billionaire Elon Musk for promoting an antisemitic conspiracy theory on the social media platform he owns calling it “unacceptable” and “abhorrent”.

Earlier this week, Mr Musk endorsed a post on X that falsely asserted that Jewish people “have been pushing the exact kind of dialectical hatred against whites that they claim to want people to stop using against them”.

The post appeared to be adjacent to a far-right antisemitic conspiracy theory known as the “great replacement” which suggests minorities are replacing white Europeans.

Mr Musk immediately faced backlash for endorsing the post which was made as Jewish people are facing an increasing amount of hostility due to the Israel-Hamas conflict which began on 7 October.

Ariana Baio has the story.

White House condemns Elon Musk’s ‘abhorrent’ promotion of antisemitism

Analysis: The incredible rise and dramatic fall of George Santos

Friday 17 November 2023 22:00 , Oliver O'Connell

Bevan Hurley writes:

Congressman George Santos’ tenure has been anything but dull — his rise to power and fall from grace have been equally mired in controversy.

After less than two years in Congress, his list of lies and scandals appears to have finally grown too long for him to defend anymore, as he announced he wouldn’t seek re-election in 2024 after the release of a damning House Ethics Committee report.

The committee said it found “substantial evidence” that Mr Santos had broken federal laws after finding “additional uncharged and unlawful conduct,” which included using campaign funds to make purchases at Hermes, Sephora and OnlyFans.

In 2022, Mr Santos was elected as the Republican Party’s first openly gay, non-incumbent member of Congress, and touted himself as a living embodiment of the American dream.

But he has since been exposed as a serial fabricator, and now an accused criminal.

Here’s what we know about the rise and demise of George Anthony Devolder Santos.

The incredible rise and dramatic fall of George Santos

Ramaswamy under fire after he echoes Trump’s ‘vermin’ comments

Friday 17 November 2023 21:30 , Oliver O'Connell

Vivek Ramaswamy became embroiled in a heated on-air argument with CNN anchor Abby Phillip when he was asked whether he believed the term “vermin” to be neo-Nazi rhetoric.

Former President Donald Trump used the term when speaking to a crowd in New Hampshire recently, telling his supporters “We will root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our county.”

Instead of directly answering the question, Mr Ramaswamy instead lashed out at Phillip.

Michelle Del Rey has the story...

Vivek Ramaswamy under fire after he echoes Trump’s ‘vermin’ comments

Speaker Johnson says he will post nearly all Jan 6 footage

Friday 17 November 2023 21:15 , Oliver O'Connell

Speaker of the House Mike Johnson has begun releasing almost all of the tapes from the US Capitol from 6 January 2021.

Former president Donald Trump congratulated him on the decision, posting on Truth Social: “Congratulations to Speaker of the House, Mike Johnson for having the Courage and Fortitude to release all of the J6 Tapes, which will explicitly reveal what really happened on January 6th!”

Full story: Trump loses bid for mistrial in New York fraud case

Friday 17 November 2023 20:55 , Oliver O'Connell

The New York judge overseeing Donald Trump’s civil trial for fraud allegations has rejected a motion from the former president’s attorneys for a mistrial.

A filing from attorneys for Mr Trump and his co-defendants argued that the case was “tainted” with “tangible and overwhelming” evidence of “apparent and actual bias” from Judge Arthur Engoron and his chief clerk, who has been the subject of ongoing attacks from Mr Trump and his allies, which prompted the judge to issue a gag order in the case that prevented parties from disparaging court staff.

In his order on Friday, Judge Engoron shot down “nonsensical” legal arguments from Mr Trump’s legal team involving his clerk, and underscored his “unfettered right” to consult with his law clerks throughout the course of a trial.

Alex Woodward reports for The Independent from New York.

Trump loses bid for mistrial in New York fraud case

Trump loses bid for mistrial in New York fraud case

Friday 17 November 2023 20:47 , Reuters

A New York judge on Friday rejected Donald Trump‘s bid for a mistrial in New York Attorney General Letitia James’ civil fraud lawsuit over his family real estate company’s business practices.

Justice Arthur Engoron of the New York state court in Manhattan said he could not “in good conscience” let Trump pursue a request that was “utterly without merit.”

A spokesperson for Trump and his lawyers did not immediately respond to a request for comment.

Fulton County prosecutors propose 5 August trial date for Trump in Georgia election subversion case

Friday 17 November 2023 20:43 , Reuters

Prosecutors in former President Donald Trump's election interference case in Georgia are requesting a 5 August 2023, trial start date, a court filing on Friday showed.

“This proposed trial date balances potential delays from defendant Trump’s other criminal trials in sister sovereigns and the other defendants’ constitutional speedy trial rights,” Fulton County District Attorney Fani Willis said.

Jimmy Kimmel delivers droll response to Trump’s demand for apology

Friday 17 November 2023 20:30 , Oliver O'Connell

Jimmy Kimmel has fired back at Donald Trump’s media company after they demanded an apology for the talk show host’s recent segment on Truth Social.

Mr Kimmel, host of late-night talk show Jimmy Kimmel Live, ran a segment about Truth Social, Donald Trump’s social media platform, earlier this week in which he claimed the platform has lost $73 million since its launch. Several media outlets ran the same number — such as Reuters and MSNBC — before issuing corrections, noting the platform had actually lost $31.6 million.

Trump Media and Technology Group demanded a retraction and apology from the talk show host — which Mr Kimmel delivered in his classic fashion.

“From the bottom of my heart, I want to say: say Donald Trump and everyone at TMTG: I’m deeply sorry you’re so bad at companies, I guess,” Mr Kimmel said.

Jimmy Kimmel delivers droll response to Trump’s demand for Truth Social apology

Judge rejects Trump attempt to remove Jan 6 responsibility statements from federal indictment

Friday 17 November 2023 20:05 , Oliver O'Connell

Judge Tanya Chutkan has rejected a motion by Donald Trump’s legal team to strike “inflammatory allegations” from Special Counsel Jack Smith’s federal election interference indictment that lay responsibility for the January 6 riot with the former president.

She writes in her opinion and order: “Regardless of whether the allegations at issue are relevant, Defendant has not satisfied his burden to clearly show that they are prejudicial. … He argues that sharing the allegations with the jury may result in prejudice at his trial ‘because members of the jury may wrongfully impute fault to [him]’ for ‘the actions at the Capitol on January 6.’ … But consistent with its past practice, this court will not provide a copy of the indictment to jurors, eliminating that source of potential prejudice.”

Further, Judge Chutkan notes: “Defendant’s sixteen-page Reply In Support of the Motion, despite making numerous inflammatory and unsupported accusations of its own ... devotes only a single paragraph to the prejudice requirement.”

You can read the full opinion from Judge Chutkan here.

Watch: Biden to ‘take gloves off’ and ‘sharpen attacks’ on Trump

Friday 17 November 2023 19:55 , Oliver O'Connell

Machin: Trump would destroy US democracy if he wins in 2024

Friday 17 November 2023 19:45 , AP

West Virginia Sen. Joe Manchin, days removed from announcing he won’t seek reelection, said Wednesday that if the nation’s voters give former President Donald Trump another term in the White House, “he will destroy democracy in America.”

Manchin, whose home state voters overwhelmingly backed Trump in the last two presidential elections, made the comment on a press call with West Virginia-based reporters amid speculation that Manchin himself might be weighing a third-party run for president.

The moderate West Virginia Democrat said Wednesday that he would never want to be a “spoiler” who contributed to getting any other candidate elected. But he said he would do what he had to in order to save the country.

“If they said, ‘You’re the only person to do it,’ I’ll do whatever I can to save this nation,” he said.

Read the full article.

Analysis: Is Biden tired of winning? He might be after summit with Xi

Friday 17 November 2023 19:15 , Oliver O'Connell

The Independent’s White House correspondent Andrew Feinberg reports from San Francisco on the landmark meeting between President Joe Biden and President Xi Jinping.

Given the state of US-China relations over much of the last year, it wasn’t always a given that President Joe Biden and Chinese leader Xi Jinping would have a face-to-face meeting when Mr Xi travelled to the US for this year’s Asia-Pacific Economic Cooperation conference.

The last time the leaders of the world’s two largest economies sat face-to-face had been on the sidelines of the 2022 Group of 20 leaders’ summit in Bali, Indonesia last November.

At the time, tensions between the US and China were already high following then-House Speaker Nancy Pelosi’s decision to visit Taiwan, which so angered Beijing that Chinese officials pulled out of a host of ongoing dialogues and joint efforts, including suspending all communications between the People’s Liberation Army and the US Defence Department.

Things got worse in February after the US Air Force detected, tracked and shot down a Chinese-owned espionage airship that had traversed the continental United States, soaring above several sensitive military installations along the way.

And even as a succession of top aides and cabinet officials continued to speak with their Chinese counterparts over the intervening months, Mr Xi and Mr Biden did not exchange a single word over the phone, nor did they meet during this year’s G20 in India.

So when it was announced that Mr Xi had agreed to meet with the US president during his visit to California — the result of months of repair work by Secretary of State Antony Blinken, White House National Security Adviser Jake Sullivan and others — Mr Biden could have counted himself a winner just by sitting down.

Read the full article:

Is Biden tired of winning? He might be after his summit with Xi

ICYMI: Trump instantly lashes out at court clerk as soon as gag order lifted

Friday 17 November 2023 18:45 , Oliver O'Connell

Donald Trump has launched a fresh tirade on both the judge and his chief court clerk in his New York civil fraud trial just hours after a gag order banning him from criticising court personnel was paused.

Judge Arthur Engoron had issued the gag order in the case after the former president made a series of false and disparaging remarks about his chief clerk of court Allison Greenfield both to reporters outside the courtroom and on his Truth Social account.

Mr Trump had already violated the gag order twice and incurred $15,000 in fines as a result.

Shweta Sharma and Alex Woodward have the details:

Trump instantly lashes out at court clerk as soon as gag order lifted

NY fraud trial: Today in court

Friday 17 November 2023 18:16 , Oliver O'Connell

Trump attorney Lazaro Fields wrapped up his direct examination of property valuation expert witness Steven Laposa this morning.

He testified that is common practice for different appraisers to arrive at different valuations for assets and that the New York Attorney General’s use of the market value system of analysis over the investment value was “flawed”.

Justice Arthur Engoron called out Fields for trying to blunt the expected cross-examination by Louis Solomon of the NY AG’s office.

“It sounds like what you’re trying to do is foreshadow what Mr Solomon’s cross is going to be,” the judge said. “Why don’t you wait for redirect?”

Solomon began by confirming that Mr Laposa is not a certified appraiser. He then turned questioning to two appraisals of the 40 Wall Street skyscraper that were mentioned in testimony yesterday.

A 2012 appraisal by Capital One estimated the property would be worth $260m in November 2015, while real estate services firm Cushman & Wakefield said it was worth $540m as of June 2015.

Part of the reason Judge Engoron found the Trump Organization liable for fraud before the trial was that they deliberately disregarded any lower value appraisals in statements of financial condition that were then provided to banks.

“Did you perform an appraisal review of the Cushman & Wakefield appraisal,” Solomon asked.

“No,” Mr Laposa said.

“Are you qualified to perform an appraisal review of the Cushman & Wakefield appraisal,” Solomon asked.

“No,” Mr Laposa replied.

Solomon then asked about the property information for 40 Wall Street — occupancy, operating income etc — Mr Laposa said he did not look at that data.

“Are you aware that the Cushman & Wakefield appraisal for 40 Wall Street reflects a different value for the property than on the statements of financial condition?” Solomon asked. Mr Laposa appeared to confirm that he was.

According to Trump’s statements of financial condition, 40 Wall Street was valued at $735.4m whereas the appraised value by Cushman was $540m.

Solomon asked about Mr Laposa saying that the NY AG’s complaint used market value over investment value.

“If you’re using the Cushman & Wakefield’s value, in my world those are market values, not investment values,” Mr Laposa said.

With Mr Laposa’s testimony over, next of the stand for the defence was Gary Giulietti, president and managing executive of insurance brokerage Lockton.

Part of the case against the Trump Organization is that not only were false valuations used to get preferential terms on loans, but they were also used to get lower insurance premiums.

Mr Giulietti said he knew Donald Trump personally through golf and professionally through playing property coverage and casualty coverage for the Trump Organization.

After objections from the NY AG’s counsel, Mr Giulietti was accepted as an expert witness and questioning turned to insurer Zurich and how it underwrote a surety bond program for the Trump Organization from 2007 to 2021.

In its case against Mr Trump, the NY AG’s office said that Zurich agreed to increasingly more favourable terms over the years based on false statements of financial condition.

In one document in which Zurich outlined its reasons for doing business with the Trump Organization, the insurer cites a Forbes article that claims Mr Trump’s net worth is $3.2bn. Mr Giulietti testified that it was the first time he had ever seen a media report used in this way in an insurance document.

Over time, Zurich decreased the rate at which the Trump Organization was being charged. Mr Giulietti explained that it would generally have been due to “commercial pressure”.

He also testified that Zurich “in large part” didn’t review the company’s financial statements and was not doing standard underwriting for it. The insurer was more concerned with Mr Trump’s overall liquidity to be sure he could live up to the obligations and not the value of individual assets.

As NY AG counsel Andrew Amer began cross-examination, the court adjourned for the day.

The trial resumes on Monday at 10am.

Fresh Trump claims about his role in January 6 Capitol riot revealed by new audio

Friday 17 November 2023 17:41 , Oliver O'Connell

Former President Donald Trump said he thinks he would’ve been “very well received” by crowds at the Jan 6 insurrection, according to newly revealed audio.

The revelation was brought to light in ABC News’ Chief Washington Correspondent Jonathan Karl’s new book, Tired of Winning: Donald Trump and the End of the Grand Old Party.

The recording was from a conversation Mr Karl and Mr Trump had in 2021, which mainly focused on the former president’s reaction to the day’s events.

Mr Trump continued to claim that the number of protestors at his rally, which occurred before hundreds of insurrectionists stormed the Capitol, was inaccurately reported.

Michelle Del Rey reports.

Audio reveals fresh Trump claims about January 6 Capitol riot

Trump team readies for oral arguments in appeal of federal gag order

Friday 17 November 2023 17:20 , Alex Woodward

Off the back of successfully getting a temporary lifting of the gag order imposed on Donald Trump in his civil fraud trial in New York, the former president’s legal team are preparing for oral arguments on Monday to appeal a similar order in his federal election interference trial in Washington, DC.

In the latest filing by Mr Trump’s defence attorneys, John Lauro writes: “The Gag Order installs a single federal judge as a barrier between the leading candidate for president, President Donald J Trump, and every American across the country.”

He adds that the federal government has not identified “any resulting threats or harassment or claim that the prosecutors are even remotely intimidated” by the former president’s Truth Social posts.

He notes that one example given is “pure speculation, and wrong to boot”. Details of that case can be found here.

The filing also references the New York civil trial gag order appeal from Thursday: “President Trump’s re-posting of that picture with a comment on how the trial against him was being run represents core political speech criticizing a quintessential public figure and highlighting illegal partisan activities that provide compelling evidence of judicial bias in a pending case of enormous public interest — clearly protected by the First Amendment. … Accordingly, the New York Appellate Division stayed the trial court’s gag orders on this issue yesterday.”

Here’s our earlier reporting on the federal case’s gag order:

Trump gag order reinstated in federal Jan 6 case

Stefanik claims ‘victory' after lifting of Trump gag order

Friday 17 November 2023 17:00 , Oliver O'Connell

Top-ranking Republican House member Elise Stefanik is claiming victory after the lifting of the civil fraud trial gag order on Donald Trump by a New York appeals court.

Ms Stefanik had filed an ethics complaint against Justice Arthur Engoron relating to the matter, but the appeals court ruled on a suit filed by the former president’s legal team meaning that she had nothing to do with the outcome.

Still, she is correct to say that the temporary lifting of the order came “after” and “following” her complaint...

Here’s our coverage of the ruling:

Gag order in Trump’s fraud trial paused by appeals court judge

Trump furious as no charges in Biden classified docs case

Friday 17 November 2023 16:35 , Oliver O'Connell

Donald Trump lashed out at President Joe Biden and the Department of Justice in an all-caps Truth Social rant after the news came that Mr Biden will face no charges following allegations that he mishandled classified documents.

The Special Counsel in the case, Robert Hur, isn’t expected to charge anyone linked to the alleged mishandling of classified documents at two places connected to Mr Biden, two people told CNN.

Mr Hur and his fellow investigators are writing a report after concluding their investigation, which lasted around a year, with the prosecutors expected to issue a critical assessment of Mr Biden and his staff for how they handled the sensitive documents.

Gustaf Kilander reports from Washington, DC

Trump reacts in disgust on Truth Social after Biden sees no charges in documents case

Biden expected to avoid charges over classified docs, sources say

Friday 17 November 2023 16:05 , Oliver O'Connell

President Joe Biden is unlikely to face criminal charges related to the discovery of classified documents at his home and office, sources close to Special Counsel Robert Hur’s investigation told news outlets.

Sources close to the probe told CNN that Mr Hur and his team will be releasing a detailed report about the nearly year-long investigation that is thought to be “critical” of Mr Biden and his staff – but will not deliver formal charges against anyone involved.

Last November, lawyers for Mr Biden discovered a small number of classified documents at an office the president formerly used and reported it to the National Archives.

A preliminary investigation was then launched, which led to the discovery of even more classified documents at Mr Biden’s home and garage in Wilmington, Delaware.

In January, Attorney General Merrick Garland appointed Mr Hur to investigate the matter.

Ariana Baio reports.

Biden expected to avoid charges over handling of classified documents

Trump drops bid to move hush money case to federal court

Friday 17 November 2023 15:47 , Oliver O'Connell

Former President Donald Trump dropped his effort to move his hush money case from New York state court to federal court.

On Tuesday, his attorneys asked the 2nd US Circuit Court of Appeals “to “dismiss his appeal in this case,” after a previous ruling that had declined the relocation, court documents reveal.

The filing came one day before the deadline for Mr Trump’s legal team to submit its brief for why the case should be moved from state to federal court.

The reason for the move is not immediately clear. A lawyer for Mr Trump declined to comment.

Kelly Rissman reports.

Trump abandons bid to move Stormy Daniels case to federal court

NY fraud trial: Yesterday in court

Friday 17 November 2023 15:03 , Oliver O'Connell

Gag order rulings and mistrial responses aside, here’s what happened on the third floor of the New York State Supreme Court on 16 November:

Defence expert witness Jason Flemmons returned to the stand on Thursday morning for the continuation of his testimony in the New York civil fraud trial of Donald Trump and the Trump Organization.

Mr Flemmons has said that it is OK for the Trump Organization to have disregarded appraisals and used another legitimate type of valuation (of which there are many) for its real estate assets.

While he testified about proper methods of valuation, he could not testify about the actual values that the company assigned to properties and whether they were inflated or not.

Donald Trump can still therefore be liable for fraud if he says he used a proper method of valuation on his financial statements but did not, or inflated the values of his assets in another way.

After Wednesday’s cross-examination, Trump attorney Jesus Suarez began redirect by asking about generally accepted accounting principles (GAAP) and if it was OK to depart from them if you disclosed that you had.

Asked about a specific incident in which this happened and a disclosure was made, Mr Flemmons says: “This is language that comes straight out of … guidance.”

“It’s communicating to the user that the information contained in the annual statements of financial condition does not comport with GAAP, so user beware.”

The Trump defence has relied heavily on “user beware” by saying that the statements of financial condition they sent to banks came with this big disclaimer and by arguing that lenders or insurers should do their own due diligence.

There was a brief recross from New York Attorney General counsel Kevin Wallace in which it was established Mr Flemmons is being paid for his testimony and the firm is charging $925 per hour.

The next witness on the stand was Mr Flemmons’s colleague at Ankura Consulting Group, Steven Collins, who specialises in construction consulting as a civil engineer.

He testified about the government contracts in which the Trump Organization was engaged — specifically the Old Post Office building in Washington, DC that they turned into a hotel.

This project was spearheaded by Ivanka Trump and involved a $170m loan from Deutsche Bank, with the lease obtained from the General Services Administration — part of the federal government.

In assessing the suitability of Trump for the project, the GSA scored Trump highly but did note that there was a lack of audited financials. Mr Collins said there was not one specific reason the government gave for awarding the contract to Trump.

The next witness on the stand for the defence was Steven Laposa, PhD, an expert on property valuation.

He testified that the valuations of a property can differ widely. Asked how common it is for appraisers to disagree on a valuation he replied: “Very common.”

Mr Laposa gave the same response to the question of how often non-appraisers differ in opinion.

Judge Arthur Engoron overruled an objection from the Attorney General’s office seeking to limit Mr Laposa’s testimony.

“To me it’s not even close, objection overruled, there’s no jury. Given this guy’s experience… 30 plus years… I want to hear what he has to say about valuation,” Justice Engoron said.

Mr Laposa referred to two valuation concepts: market value and investment value.

Market value is the price that an asset is currently being offered in the marketplace, while investment value is what an investor is willing to pay for the asset. He concluded that the NY AG is using market value in its complaint which he said he considered “flawed” as it doesn’t take into account the potential investment value of the properties.

The example of the 40 Wall Street skyscraper was given. A Capital One appraisal from 2012 gave it a value of $220m with a projection that would increase to $260m by the end of 2015.

Another appraisal by Cushman & Wakefield in June of 2015 said the same property was worth $540m.

Court then adjourned for the day. Mr Laposa will resume his testimony this morning.

This morning on Truth Social...

Friday 17 November 2023 14:44 , Oliver O'Connell

After his fresh (recycled) attacks on the judge and clerk in his New York civil fraud trial last night following the lifting of his gag order, Donald Trump was not quite done when he woke up this morning and felt he had to add:

A.G. Letitia Peekaboo James is running for Governor of New York AGAIN!!! That is why she, with the help of a very complicit Judge Engoron, who has cut my Values to a tiny fraction of what they are really worth in order to claim FRAUD, has brought this ridiculous case against me. Other businesses are seeing this miscarriage of justice and fleeing New York! Violent Crime is not fleeing, however. It is setting new records on a daily basis!!!

Then, referring to reports yesterday from CNN, reported on this blog, that there would be no charges filed against President Joe Biden in his classified documents investigation, the former president bashed out in all-caps:

WOW! FAKE NEWS CNN, THROUGH A LEAK FROM THE DEPARTMENT OF INJUSTICE, HAS JUST REPORTED THAT NO CHARGES WILL BE FILED IN THE (MUCH BIGGER THAN MINE!!!) CROOKED JOE BIDEN DOCUMENTS CASE. WE ARE LIVING IN A VERY CORRUPT COUNTRY!

In two separate posts, he then blurted out:

SELECTIVE PROSECUTION!!!

and:

PROSECUTORIAL MISCONDUCT!

With gag order lifted, Trump instantly lashes out at court clerk

Friday 17 November 2023 14:30 , Oliver O'Connell

In probably the least surprising development in all of the many Trump trials and cases that this blog tracks, Donald Trump launched a fresh tirade on both the judge and his chief court clerk in his New York civil fraud trial just hours after a gag order banning him from criticising court personnel was paused.

Judge Arthur Engoron had issued the gag order in the case after the former president made a series of false and disparaging remarks about his chief clerk of court Allison Greenfield both to reporters outside the courtroom and on his Truth Social account.

Mr Trump had already violated the gag order twice and incurred $15,000 in fines as a result.

The judge then expanded the order to include his attorneys after Mr Trump’s attorneys also criticised the clerk in the courtroom earlier this month, alleging “bias” against his client and amplifying allegations outlined in a right-wing news website.

But on Thursday, Associate Justice David Friedman of the state’s intermediate appeals court agreed to temporarily lift the gag order, “considering the constitutional and statutory rights at issue”.

Read our full report on the latest news from the former president’s civil fraud trial

ICYMI: Fulton County judge set bond revocation for Trump co-defendant

Friday 17 November 2023 14:15 , Oliver O'Connell

Judge Scott McAfee has set a bond revocation hearing for Donald Trump’s Georgia election subversion co-defendant Harrison Floyd.

The hearing is scheduled for Tuesday at 1.30pm ET at the Fulton County Courthouse in downtown Atlanta.

Mr Floyd must show up in court, Judge McAfee says.

Here’s our earlier reporting on the case:

Georgia prosecutors want Trump’s co-defendant jailed for witness intimidation

Watch: Christie comments on Ramaswamy defending Trump’s ‘vermin’ remarks

Friday 17 November 2023 14:00 , Oliver O'Connell

Full story: Gag order in Trump’s fraud trial paused by appeals court judge

Friday 17 November 2023 13:40 , Oliver O'Connell

An appeals court judge in New York has paused a gag order intended to block Donald Trump from disparaging members of a court in a civil fraud trial targeting the former president’s family business and real-estate empire, a measure that his attorneys claim is a violation of his First Amendment rights.

The judge overseeing the fraud case issued the order after the former president made a series of false and disparaging remarks about his chief clerk outside the courtroom and on his Truth Social account.

Mr Trump already has violated the order twice, incurring $15,000 in fines.

After Mr Trump’s lead attorney Christopher Kise excoriated the clerk earlier this month for what he called “bias” against his client, and amplified allegations outlined in a right-wing news website, Judge Arthur Engoron expanded the order to include the parties’ attorneys.

The order is a “serious and continuing violation of the procedural and substantive rights guaranteed to them under New York law and the United States Constitution,” according to a filing on Thursday from attorneys representing defendants in the case, which stems from a $250m lawsuit from New York Attorney General Letitia James alleging more than a decade of fraud within the Trump Organization.

Alex Woodward has the full story.

Gag order in Trump’s fraud trial paused by appeals court judge

Fulton County prosecutors want Trump’s co-defendant jailed for witness intimidation

Friday 17 November 2023 13:10 , Oliver O'Connell

One of Donald Trump’s co-defendants in Georgia’s election interference case could return to jail after he repeatedly violated the terms of his release, according to prosecutors in Atlanta.

A filing from the office of Fulton County District Attorney Fani Willis argues that Harrison Floyd, the leader of Black Voices for Trump, has “engaged in a pattern of intimidation” against his co-defendants and witnesses since he was released on bond in August.

Mr Floyd, like his co-defendants, was charged under the state’s anti-racketeering statute for allegedly joining a criminal enterprise to reverse Mr Trump’s loss in the state in the 2020 presidential election. He also is charged with conspiracy to commit solicitation of false statements and writings and influencing witnesses.

The terms of his release prohibited him from intimidating co-defendants and witnesses and from communicating “in any way, directly or indirectly, about the facts of the case” with any co-defendants or witnesses, except through his counsel.

Alex Woodward reports on how he has violated those terms.

Georgia prosecutors want Trump’s co-defendant jailed for witness intimidation

George Santos: No re-election campaign after damning ethics report

Friday 17 November 2023 12:40 , Oliver O'Connell

Republican New York Representative George Santos has announced that he won’t seek re-election in 2024 following the release of a damning ethics report.

The freshman congressman made the revelation to Semafor on Thursday.

In a lengthy statement on X, Mr Santos wrote that wouldn’t be seeking “a second term in 2024 as my family deserves better than to be under the gun from the press all the time”.

The House Ethics Committee said in a statement on Thursday that Mr Santos “knowingly caused his campaign committee to file false or incomplete reports with the Federal Election Commission; used campaign funds for personal purposes; engaged in fraudulent conduct in connection with RedStone Strategies LLC; and engaged in knowing and willful violations of the Ethics in Government Act as it relates to his Financial Disclosure (FD) Statements filed with the House”.

“In light of the ongoing criminal investigation into Representative Santos, and the ISC’s findings of additional uncharged and unlawful conduct by Representative Santos, the ISC recommended that the Committee immediately refer these allegations to the Department of Justice,” the panel added.

George Santos won’t seek re-election after damning ethics report

GOP lawmaker launches into fiery takedown of his own party in House floor speech

Friday 17 November 2023 12:10 , Oliver O'Connell

Texas Rep Chip Roy went after his own party in a searing speech on the floor of the House, blasting the Republican Party for being unable to give him just one “thing I can go campaign on”.

The rightwing Republican, born in the Washington, DC suburb of Bethesda, Maryland, went after both parties in his speech on Wednesday, arguing that their leaderships has failed, specifically mentioning spending cuts and confronting countries such as China and Iran.

He criticised former UN Ambassador and South Carolina Governor Nikki Haley, who’s running for the 2024 Republican presidential nomination, for suggesting that social media users should no longer be able to post anonymously.

“This country is in trouble, and the time for excuses is over,” Mr Roy said. “No more excuses. No more excuses from my colleagues on the other side of the aisle. But most importantly of all, no more excuses from my colleagues on this side of the aisle.”

Republican launches into fiery takedown of his own party in House floor speech

Manchin: Trump would destroy US democracy if he wins in 2024

Friday 17 November 2023 11:40 , AP

West Virginia Sen. Joe Manchin, days removed from announcing he won’t seek reelection, said Wednesday that if the nation’s voters give former President Donald Trump another term in the White House, “he will destroy democracy in America.”

Manchin, whose home state voters overwhelmingly backed Trump in the last two presidential elections, made the comment on a press call with West Virginia-based reporters amid speculation that Manchin himself might be weighing a third-party run for president.

The moderate West Virginia Democrat said Wednesday that he would never want to be a “spoiler” who contributed to getting any other candidate elected. But he said he would do what he had to in order to save the country.

“If they said, ‘You’re the only person to do it,’ I’ll do whatever I can to save this nation,” he said.

Manchin had harsh words for how the two-party system is currently functioning.

Read the full article.

Bizarre moment Marjorie Taylor Greene urges FBI director to read her tweets...

Friday 17 November 2023 10:40 , Oliver O'Connell

...this really has been such a week on Capitol Hill that stories like this could have almost fallen through the cracks.

Kelly Rissman reports.

Georgia Rep Marjorie Taylor Greene confused which agency the FBI director worked for during a charged committee hearing about “Worldwide Threats to the Homeland” — and was baffled that he hadn’t seen her X account.

During a House Homeland Security Committee hearing on Wednesday, Ms Greene started the winding conversation by asking FBI Director Christopher Wray about the 18 October arrests at the Capitol complex, which were prompted by protesters called for an end to the Israel-Gaza conflict. She tried drawing parallels between this incident and the January 6 Capitol riot, and law enforcement’s different responses to each event.

Read more...

Marjorie Taylor Greene confuses FBI chief while urging him to read her tweets

FULL STORY: Trump instantly lashes out at court clerk as soon as gag order lifted

Friday 17 November 2023 10:10 , Rachel Sharp

Donald Trump has launched a fresh tirade on both the judge and court clerk in his New York civil fraud trial just hours after a gag order banning him from criticising court personnel was paused.

Judge Arthur Engoron had issued the gag order in the case after the former president made a series of false and disparaging remarks about his chief clerk of court Allison Greenfield both to reporters outside the courtroom and on his Truth Social account.

Mr Trump had already violated the gag order twice and incurred $15,000 in fines as a result.

The judge then expanded the order to include his attorneys after Mr Trump’s lead lawyer Christopher Kise also excoriated the clerk earlier this month for what he said was “bias” against his client, and amplified allegations outlined in a right-wing news website.

Read the full story here:

Trump instantly lashes out at court clerk as soon as gag order lifted

Newsom 2024? Biden jokes about California governor’s ambitions and rumours

Friday 17 November 2023 09:40 , Oliver O'Connell

President Joe Biden was in fence-mending mode on Wednesday as he spoke at the welcome reception for the 2023 Asia-Pacific Economic Cooperation summit in California.

The president finds himself this week in the backyard of Gavin Newsom, one of his party’s most prominent young leaders. At 80 years old, the president’s relationship with Mr Newsom has been strained in recent weeks, thanks to accusations flung by his allies of the California governor supposedly running a “shadow” campaign for the presidency. Mr Newsom has fiercely denied the claims.

On Wednesday evening there were no signs of that tension as Mr Biden warmly praised the Democratic governor onstage and even appeared to joke that his younger counterpart could end up in the White House himself some day soon.

“I want to thank him. He’s been one hell of a governor, man,” Mr Biden told a crowd which responded with a smattering of cheers.

“Matter of fact, he could be anything he wants. He could have the job I’m looking for,” the president then joked, to laughs.

Biden jokes about Gavin Newsom ambitions and 2024 rumours in California

Friday 17 November 2023 09:15 , Rachel Sharp

Donald Trump launched a fresh attack on the court clerk in his New York civil fraud trial almost as soon as the gag order was lifted in the case.

On Thursday, an appeals court judge paused the gag order which was introduced by Justice Arthur Engoron following his previous comments about the court clerk.

The former president took to Truth Social to instantly take advantage of the opportunity to attack her and the judge.

“Judge Arthur Engoron has just been overturned (stayed!) by the New York State Appellate Division (Appeals Court), for the 4th TIME (on the same case!). His Ridiculous and Unconstitutional Gag Order, not allowing me to defend myself against him and his politically biased and out of control, Trump Hating Clerk, who is sinking him and his Court to new levels of LOW, is a disgrace,” he wrote.

“They are defending the Worst and Least Respected Attorney General in the United States, Letitia James, who is a Worldwide disgrace, as is her illegal Witch Hunt against me. The Radical and Unprecedented actions of Judge Engoron will keep BUSINESSES and JOBS forever out of New York State.

“I have done NOTHING WRONG, my numbers were low, not high, I have a COMPLETE DISCLAIMER CLAUSE, their Star Witness admitted he lied and made up this Fake case against me, and the the Attorney General used a “Get Trump” platform in order to run for A.G. & Governor (she failed!). This wicked attack on Democracy must be ended, NOW!”

Full story: Gag order in Trump’s fraud trial paused by appeals court judge

Friday 17 November 2023 08:40 , Oliver O'Connell

An appeals court judge in New York has paused a gag order intended to block Donald Trump from disparaging members of a court in a civil fraud trial targeting the former president’s family business and real-estate empire, a measure that his attorneys claim is a violation of his First Amendment rights.

The judge overseeing the fraud case issued the order after the former president made a series of false and disparaging remarks about his chief clerk outside the courtroom and on his Truth Social account.

Mr Trump already has violated the order twice, incurring $15,000 in fines.

After Mr Trump’s lead attorney Christopher Kise excoriated the clerk for what he called “bias” against his client, and amplified allegations outlined in a right-wing news website, Judge Arthur Engoron expanded the order to include the parties’ attorneys.

The order is a “serious and continuing violation of the procedural and substantive rights guaranteed to them under New York law and the United States Constitution,” according to a filing on Thursday from attorneys representing defendants in the case, which stems from the attorney general’s $250m lawsuit alleging more than a decade of fraud within the Trump Organization.

Read Alex Woodward’s full report.

Friday 17 November 2023 06:10 , Oliver O'Connell

George Santos mocked for claiming he didn’t know what OnlyFans was

The US just avoided a government shutdown... now what happens?

Friday 17 November 2023 04:40 , Oliver O'Connell

The Senate passed the funding package put forward by the House, sending the bill to President Joe Biden’s desk for his signature and setting up two new deadlines early next year.

The funding package, which passed the Senate against the opposition of one Democrat and 10 Republicans, keeps parts of the government up and running until early next year. The bill extends funding for military construction, veterans’ affairs, transportation, housing and the Department of Energy until 19 January and the rest of the government until 2 February.

House Republicans pushed for the two-pronged measure in the hope that it would block the passing of a massive “omnibus” funding package – which typically includes all 12 major spending bills – as they believe the omnibus procedure prevents spending cuts.

The continuing resolution passed by both chambers doesn’t include any aid to either Israel or Ukraine, which were important issues for Democrats.

Here’s what happens next:

The US just avoided a government shutdown. What happens now?

Trump co-defendant’s attorney confesses to Fulton County witness videos leak

Friday 17 November 2023 03:40 , Oliver O'Connell

The source of the leak of several witness proffer videos in Donald Trump’s sweeping RICO election interference case in Georgia has now been revealed.

Jonathan Miller, an attorney for one of Mr Trump’s co-defendants Misty Hampton, confessed in a court hearing on Wednesday that he was responsible for the leak.

Mr Miller told Fulton County Superior Court Judge Scott McAfee that he was coming clean so that he could “sleep well tonight” and to prevent anyone else from shouldering the blame – after legal teams for Mr Trump and co-defendant Rudy Giuliani sought to pin the leak on District Attorney Fani Willis’ office.

Read the full article.

Trump calls Kim Kardashian world’s ‘most overrated celebrity’

Friday 17 November 2023 02:40 , Oliver O'Connell

Former President Donald Trump took a break from bashing public officials in his New York civil fraud case and his 2024 rivals to take on Kim Kardashian.

In a rambling Truth Social rant, the former president called the reality TV star-turned-social justice campaigner the “World’s most overrated celebrity.”

His criticism comes as Jonathan Karl writes in his new book, Tired of Winning: Donald Trump and the End of the Grand Old Party, how the reality star leveraged her celebrity to urge the then-president to commute certain prison sentences.

Read the full response from the former president:

Trump rants that Kim Kardashian is world’s ‘most overrated celebrity’

Hunter Biden’s team wants to subpoena Trump and DOJ officials

Friday 17 November 2023 01:40 , Oliver O'Connell

Attorneys for Hunter Biden have asked a judge to subpoena Donald Trump and several former US Department of Justice officials in a case surrounding his felony gun charges.

A filing from the legal team for President Joe Biden’s son lists Mr Trump’s “incessant, improper, and partisan pressure” campaign to investigate Hunter, his “incendiary” rhetoric, and a “sustained, almost-nonstop public pressure campaign” from Mr Trump and his allies in Congress who have criticised the Justice Department’s handling of the case.

The proposed subpoenas also seek testimony from former US Attorney General Bill Barr, former deputy Attorney General Jeffrey Rosen, and former US Attorney Richard Donoghue.

Hunter Biden seeks information “that goes to the heart of his defense that this is, possibly, a vindictive or selective prosecution arising from an unrelenting pressure campaign beginning in the last administration,” according to Mr Biden’s attorneys.

Read more:

Hunter Biden’s team wants to subpoena Trump and DOJ officials

ICYMI: Trump called ‘loser’ by Biden for Nazi rhetoric

Friday 17 November 2023 00:40 , Oliver O'Connell

President Joe Biden slammed his predecessor Donald Trump’s aggressive rhetoric, including the use of the word “vermin” to describe opponents, which has been compared to that of fascist leaders Adolf Hitler and Benito Mussolini.

In a speech on Veterans Day, Mr Trump argued that his domestic opponents are more of a threat to the US than the likes of China, Russia and North Korea.

Mr Trump, 77, spoke in Claremont, New Hampshire, telling the crowd in his usual grievance-laden parlance: “We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections.”

The former president has refused to accept the results of the 2020 election and continues to lie, falsely claiming that it was stolen.

Read the full article.

Giuliani and Ellis could testify in election workers’ defamation trial

Thursday 16 November 2023 23:40 , Oliver O'Connell

Rudy Giuliani might be headed to the witness stand to testify in his own defence during a trial that will determine how much damage his false statements caused a mother-daughter pair of election workers at the centre of bogus conspiracy theories surrounding the 2020 election.

Donald Trump’s former attorney, who was found liable for defaming Georgia election workers Ruby Freeman and Shaye Moss, could be called to testify about his false statements as well as his team’s efforts to overturn the 2020 presidential election, according to a Tuesday filing with an outline of the case.

Jenna Ellis, among attorneys alongside Mr Giuliani who launched a spurious legal campaign to overturn election results, also is on the trial’s witness list, along with other Trump-connected figures Bernie Kerik and Christina Bobb, among others.

A trial is scheduled to begin on 11 December and will last up to four days.

Full story:

Rudy Giuliani and Jenna Ellis could testify in election workers’ defamation trial

Thursday 16 November 2023 23:10 , Oliver O'Connell

George Santos mocked for claiming he didn’t know what OnlyFans was

Voices: Screw it. Let’s talk about the possibility of President Dwayne ‘The Rock’ Johnson

Thursday 16 November 2023 22:40 , Oliver O'Connell

Eric Garcia writes:

Finally, The Rock has come back to Capitol Hill.

Things have really gone downhill if the 10-time WWE world champion, former winner of the Royal Rumble and star of The Fast and Furious saga Dwayne “The Rock” Johnson is the least violent man on the Hill this week. Indeed, if we are to believe Rep Tim Burchett (R-TN), the person who did deliver the sharpest elbow this week was former speaker Kevin McCarthy.

But senators somehow found time amid their scramble to vote to keep the government open to meet with Mr Johnson to talk about military recruitment.

(Much to her chagrin, Sen Elizabeth Warren (D-MA), who has a well-publicised crush on Mr Johnson, told me that she didn’t get to meet Mr Johnson when I asked her).

Inevitably, this only added to the speculation that Mr Johnson would run for president.

Read the full article:

Screw it. Let’s talk about the possibility of President Dwayne Johnson

NY fraud trial: This afternoon in court

Thursday 16 November 2023 22:10 , Oliver O'Connell

Despite most attention being on the lifting of the gag order on former president Donald Trump and his lawyers, the afternoon session began with the testimony of defence witness Steven Laposa, PhD, an expert on property valuation.

He testified that the valuations of a property can differ widely. Asked how common it is for appraisers to disagree on a valuation he replied: “Very common.”

Mr Laposa gave the same response to how often non-appraisers differ in opinion.

After a short break, Judge Arthur Engoron overruled an objection from the Attorney General’s office seeking to limit Mr Laposa’s testimony.

“To me it’s not even close, objection overruled, there’s no jury. Given this guy’s experience...30 plus years...I want to hear what he has to say about valuation,” Justice Engoron says.

Mr Laposa refers to two valuation concepts: market value and investment value.

Market value is the price that an asset is currently being offered for in the marketplace, while investment value is what an investor is willing to pay for the asset. He concluded that the NY AG is using market value in its complaint which he said he considered “flawed” as it doesn’t take into account the potential investment value of the properties.

Giving the example of the 40 Wall Street skyscraper, A Capital One appraisal from 2012 gives it a value of $220m with a projection that it will rise to $260m by the end of 2015.

Another appraisal by Cushman & Wakefield in June of 2015 says the same property is worth $540m.

Court adjourns for the day. Mr Laposa will resume his testimony at 10am tomorrow.

Fulton County: Fani Willis wants Trump’s co-defendant jailed for witness intimidation

Thursday 16 November 2023 21:40 , Oliver O'Connell

One of Donald Trump’s co-defendants in Georgia’s election interference case could return to jail after he repeatedly violated the terms of his release, according to prosecutors in Atlanta.

A filing from the office of Fulton County District Attorney Fani Willis argues that Harrison Floyd, the leader of Black Voices for Trump, has “engaged in a pattern of intimidation” against his co-defendants and witnesses since he was released on bond in August.

Mr Floyd, like his co-defendants, was charged under the state’s anti-racketeering statute for allegedly joining a criminal enterprise to reverse Mr Trump’s loss in the state in the 2020 presidential election. He also is charged with conspiracy to commit solicitation of false statements and writings and influencing witnesses.

The terms of his release prohibited him from intimidating co-defendants and witnesses and from communicating “in any way, directly or indirectly, about the facts of the case” with any co-defendants or witnesses, except through his counsel.

Alex Woodward explains how he violated those terms.

Georgia prosecutors want Trump’s co-defendant jailed for witness intimidation

Biden classified docs special counsel not expected to bring charges, report says

Thursday 16 November 2023 21:16 , Oliver O'Connell

CNN reports that Special Counsel Robert Hur is not expected to charge anyone in connection with the mishandling of classified documents at two locations connected to President Joe Biden, the network cites two sources close to the investigation.

Per CNN:

Hur and his team are compiling a detailed report on their year-long probe that is expected to be critical of Biden and his staff for the way they handled sensitive materials. The report is expected to go into significant detail about what the special counsel’s office found in its investigation.

Investigators on Hur’s team have told other Justice Department officials that they hope to have the report completed by the end of the year, but that timeline could slide.

Ian Sams, a spokesperson for the White House Counsel’s Office, declined to comment.

Read The Independent’s earlier coverage of the investigation.

Feud: Candace Owens blasts ‘emotionally unhinged’ Ben Shapiro

Thursday 16 November 2023 21:10 , Oliver O'Connell

Candace Owens said that her colleague and fellow right-wing commentator Ben Shapiro should be “embarrassed” amid an online feud between the pair, and accused him of making “ad hominem attacks” on her.

Ms Owens, who is known for her outspoken views on issues including the Covid vaccine and the Black Lives Matter movement, said Mr Shapiro had “thrown her under a bus”, also accusing him of being “unprofessional” and “emotionally unhinged”.

It comes after a video shared online showed Mr Shapiro speaking at what appeared to be a private event, during which he described Ms Owens’ “faux sophistication” of certain issues as “disgraceful” and “ridiculous”.

The pair both work together on right-wing news company The Daily Wire.

Mike Bedigan reports.

Candace Owens blasts ‘emotionally unhinged’ Ben Shapiro amid online feud

Jan 6 rioter who pretended to be journalist convicted on all counts

Thursday 16 November 2023 21:02 , Oliver O'Connell

John Earle Sullivan, a Utah man who filmed controversial stuff for clout on social media, rallied with the January 6 mob, helped storm the US Capitol, ended up filming the shooting of Ashli Babbit, and then pretended to be a journalist to avoid prosecution... has been found guilty of four felonies.

A jury in Washington, DC took just four hours to reach a verdict, WUSA9 reports.

During his testimony, Sullivan claimed he joined in the shouts of the rioters and helped them in order to blend in and be a “neutral observer” as a journalist. Footage played in court showed Sullivan saying that it was a “ploy” to avoid being arrested and in a clip from December 2020 he said: “I don’t make money off of it so I don’t consider myself a journalist.”

Justice Royce Lamberth ordered Sullivan into custody while he awaits sentencing.

Watch: How is Trump sleeping at night amid all his legal problems?

Thursday 16 November 2023 20:50 , Oliver O'Connell

Texas Republican gives fiery denunciation of own party on floor of House

Thursday 16 November 2023 20:40 , Oliver O'Connell

Texas Rep Chip Roy went after his own party in a searing speech on the floor of the House, blasting the Republican Party for being unable to give him just one “thing I can go campaign on”.

The rightwing Republican, born in the Washington, DC suburb of Bethesda, Maryland, went after both parties in his speech on Wednesday, arguing that their leaderships has failed, specifically mentioning spending cuts and confronting countries such as China and Iran.

He criticised former UN Ambassador and South Carolina Governor Nikki Haley, who’s running for the 2024 Republican presidential nomination, for suggesting that social media users should no longer be able to post anonymously.

Gustaf Kilander reports from Washington, DC.

Republican launches into fiery takedown of his own party in House floor speech

UPDATED: Gag order in Trump’s fraud trial paused by appeals court judge

Thursday 16 November 2023 20:18 , Oliver O'Connell

An appeals court judge in New York has paused a gag order intended to block Donald Trump from disparaging members of a court in a civil fraud trial, a measure that the former president claims is a violation of his First Amendment rights.

The judge overseeing the fraud case issued the order after the former president made a series of false and disparaging remarks about his chief clerk outside the courtroom and on his Truth Social account.

Mr Trump already has violated the order twice, incurring $15,000 in fines.

After Mr Trump’s lead attorney Christopher Kise excoriated the clerk for what he called “bias” against his client, and amplified allegations outlined in a right-wing news website, Judge Arthur Engoron expanded the order to include the parties’ attorneys.

The order is a “serious and continuing violation of the procedural and substantive rights guaranteed to them under New York law and the United States Constitution,” according to a filing on Thursday from attorneys representing defendants in the case, which stems from the attorney general’s $250m lawsuit alleging more than a decade of fraud within the Trump Organization.

Associate Justice David Friedman agreed to temporarily lift the gag order after oral arguments in the case on Thursday afternoon.

Read Alex Woodward’s full report on today’s developments in court in Manhattan.

Developing: Trump sues fraud trial judge to overturn gag orders

Thursday 16 November 2023 20:05 , Oliver O'Connell

Donald Trump has filed a lawsuit to block a gag order that prohibits all parties in a civil fraud trial playing out in a New York courtroom from disparaging members of the court’s staff, a measure that the former president claims is a violation of his First Amendment rights.

The judge overseeing the case issued the order after the former president made a series of false and disparaging remarks about his chief clerk outside the courtroom and on his Truth Social account.

Mr Trump already has violated the order twice, incurring $15,000 in fines.

After Mr Trump’s lead attorney Christopher Kise excoriated the clerk for what he called “bias” against his client, and amplified allegations outlined in a right-wing news website, Judge Arthur Engoron expanded the order to include the parties’ attorneys.

The order is a “serious and continuing violation of the procedural and substantive rights guaranteed to them under New York law and the United States Constitution,” according to a filing from attorneys representing defendants in the case, which stems from the attorney general’s $250m lawsuit alleging more than a decade of fraud within the Trump Organization.

Alex Woodward is following developments.

Trump sues fraud trial judge to overturn gag orders

Trump files lawsuit against fraud trial judge over gag order

Thursday 16 November 2023 19:54 , Oliver O'Connell

Donald Trump has filed an emergency lawsuit against Justice Arthur Engoron with the New York appellate court seeking to overturn his gag orders.

“Supreme Court’s gag orders entered during the non-jury trial in the underlying proceeding are unconstitutional, and sanctions imposed” violate the law, the suit argues.

Oral arguments are currently underway.

This is a developing story, more details to follow...

The US just avoided a government shutdown. Now what?

Thursday 16 November 2023 19:30 , Oliver O'Connell

The Senate passed the funding package put forward by the House, sending the bill to President Joe Biden’s desk for his signature and setting up two new deadlines early next year.

The funding package, which passed the Senate against the opposition of one Democrat and 10 Republicans, keeps parts of the government up and running until early next year. The bill extends funding for military construction, veterans’ affairs, transportation, housing and the Department of Energy until 19 January and the rest of the government until 2 February.

House Republicans pushed for the two-pronged measure in the hope that it would block the passing of a massive “omnibus” funding package – which typically includes all 12 major spending bills – as they believe the omnibus procedure prevents spending cuts.

The continuing resolution passed by both chambers doesn’t include any aid to either Israel or Ukraine, which were important issues for Democrats.

So what happens next?

The US just avoided a government shutdown. What happens now?

Fulton County: Judge set bond revocation for Trump co-defendant

Thursday 16 November 2023 19:14 , Oliver O'Connell

Judge Scott McAfee has set a bond revocation hearing for Donald Trump’s Georgia election subversion co-defendant Harrison Floyd.

The hearing is scheduled for Tuesday at 1.30pm ET at the Fulton County Courthouse in downtown Atlanta.

Mr Floyd must show up in court, Judge McAfee says.

Here’s our earlier reporting on the case:

Georgia prosecutors want Trump’s co-defendant jailed for witness intimidation

Santos won’t seek re-election after damning ethics report

Thursday 16 November 2023 19:05 , Oliver O'Connell

Republican New York Representative George Santos has announced that he won’t seek re-election in 2024 following the release of a damning ethics report.

The freshman congressman made the revelation to Semafor on Thursday.

In a lengthy statement on X, Mr Santos wrote that wouldn’t be seeking “a second term in 2024 as my family deserves better than to be under the gun from the press all the time”.

Gustaf Kilander has the latest.

George Santos won’t seek re-election after damning ethics report

Caitlyn Jenner botches Biden attack with misspelled slur

Thursday 16 November 2023 18:42 , Oliver O'Connell

Caitlyn Jenner botched an attack on President Joe Biden, misspelling a slur as she blasted the commander in chief on X.

Ms Jenner, 74, a former reality TV star, 2021 GOP California gubernatorial candidate, and 1976 Olympic gold medallist, responded to a post by Donald Trump Jr on X.

The eldest son of Mr Biden’s predecessor in turn had responded to a post by Adam Kredo, a writer at the right-wing Washington Free Beacon.

Read what it said and how the pair responded:

Caitlyn Jenner botches Biden attack with misspelled slur

Classified docs trial: Judge won’t consider scheduling changes until 1 March 2024

Thursday 16 November 2023 18:31 , Oliver O'Connell

Judge Aileen Cannon has denied the Department of Justice’s motion to set some key pretrial deadlines in December for Donald Trump’s Mar-a-Lago classified documents case.

In a paperless order, the judge said she would not consider scheduling adjustments until 1 March 2024.

The trial is set to begin on 20 May amid at least three other criminal proceedings against the former president.

Here’s the full order:

PAPERLESS ORDER denying without prejudice 219 Motion for CIPA Section 5 Notification. As stated in the Court’s November 10, 2023, Order 215, “[a]ll previously remaining deadlines in the Court’s July 21, 2023, Order are superseded except calendar call and trial.” The Court “reset[] the first set of pre-trial deadlines” as indicated on pages 8 and 9 of that Order 215 and scheduled a conference on March 1, 2024, “to address remaining deadlines.” To the extent the Special Counsel’s motion seeks reconsideration in part of the Court’s November 10, 2023, Order 215, that request is denied. CIPA Section 5 deadlines, and all other pre-trial deadlines not included in the first batch of pre-trial deadlines contained in the Court’s revised schedule 215, will be set following the March 1, 2024, scheduling conference. Signed by Judge Aileen M. Cannon on 11/16/2023. (jf01) (Entered: 11/16/2023)

Watch: Christie comments on Ramaswamy defending Trump’s ‘vermin’ remarks

Thursday 16 November 2023 18:20 , Oliver O'Connell

NY fraud trial: This morning in court…

Thursday 16 November 2023 18:06 , Oliver O'Connell

Defence expert witness Jason Flemmons returned to the stand this morning for the continuation of his testimony in Donald Trump’s New York civil fraud trial.

Mr Flemmons said in earlier testimony for the defence that it is OK for the Trump Organization to have disregarded appraisals and used another legitimate type of valuation (of which there are many) for its real estate assets.

While he testified about proper methods of valuation, he could not testify about the actual values that the company assigned to properties and whether they were inflated or not.

Mr Trump can still therefore be liable for fraud if he said he used a proper method of valuation on his financial statements but actually did not, or if he inflated the values of his assets in another way.

After yesterday’s cross-examination, Trump attorney Jesus Suarez began redirect by asking about generally accepted accounting principles (GAAP) and if it was OK to depart from them if you disclosed that you had.

Asked about a specific incident in which this happened and a disclosure was made, Mr Flemmons says: “This is language that comes straight out of … guidance.”

“It’s communicating to the user that the information contained in the annual statements of financial condition does not comport with GAAP, so user beware.”

The Trump defence has relied heavily on “user beware” by saying that the statements of financial condition they sent to banks came with this big disclaimer and by arguing that lenders or insurers should do their own due diligence.

There is a brief recross from New York Attorney General counsel Kevin Wallace in which it is established Mr Flemmons is being paid for his testimony and the firm is charging $925 per hour.

The next witness on the stand is Mr Flemmons’s colleague at Ankura Consulting Group, Steven Collins, who specialises in construction consulting as a civil engineer. He testified about the government contracts in which the Trump Organization was engaged — specifically the Old Post Office building in Washington, DC that they turned into a hotel.

This project was spearheaded by Ivanka Trump and involved a $170m loan from Deutsche Bank, with the lease obtained from the General Services Administration — part of the federal government.

In assessing the suitability of Trump for the project, the GSA scored Trump highly but did note that there was a lack of audited financials. Mr Collins said there was not one specific reason the government gave for awarding the contract to Trump.

The next witness on the stand for the defence is Steven Laposa, PhD, an expert on property valuation.

Court then recessed for lunch.

Manchin says Trump would destroy US democracy if he wins in 2024

Thursday 16 November 2023 17:44 , AP

West Virginia Sen. Joe Manchin, days removed from announcing he won’t seek reelection, said Wednesday that if the nation’s voters give former President Donald Trump another term in the White House, “he will destroy democracy in America.”

Manchin, whose home state voters overwhelmingly backed Trump in the last two presidential elections, made the comment on a press call with West Virginia-based reporters amid speculation that Manchin himself might be weighing a third-party run for president.

The moderate West Virginia Democrat said Wednesday that he would never want to be a “spoiler” who contributed to getting any other candidate elected. But he said he would do what he had to in order to save the country.

“If they said, ‘You’re the only person to do it,’ I’ll do whatever I can to save this nation,” he said.

Manchin had harsh words for how the two-party system is currently functioning.

Read more...

Trump would destroy US democracy if he wins in 2024, Manchin says

But wait, there’s more: Here’s the latest from the New York criminal case against Trump...

Thursday 16 November 2023 17:20 , Oliver O'Connell

Manhattan District Attorney Alvin Bragg is urging a New York court to reject Donald Trump’s attempt to dismiss the criminal case against him over the hush money payments to porn star Stormy Daniels.

The case was the former president’s first criminal indictment of four this year and consists of 34 felony counts of falsifying business records in the first degree as part of an expansive and corrupt criminal scheme to conceal damaging information from the voting public in advance of the 2016 presidential election. Mr Bragg argues in the new filing that the case must be brought to trial and there is no reason to dismiss the case.

After recapping the basis for the case and the DA’s arguments against the defence, Mr Bragg adds that the defendant’s argument that “because he is a current presidential candidate, the ordinary rules for criminal law and procedure should be applied differently here. This argument is essentially an attempt to evade criminal responsibility because [the] defendant is politically powerful.”

He continues: “Courts have repeatedly rejected defendant’s demands for special treatment and instead have adhered to the core principle that the rule of law applies equally to the powerful as to the powerless … There is no basis to dismiss this case.”

As mentioned in the earlier post regarding the scheduling of the federal documents case, there is a hearing scheduled in New York on 15 February 2024 and the trial is supposed to begin on 15 March with Judge Juan Merchan presiding.

However, the federal election interference trial in Washington, DC is scheduled to begin on 4 March, so the date of the Manhattan criminal trial may change.

You can read the full filing here.

Fulton County: Judge enters limited protective order over discovery materials

Thursday 16 November 2023 16:57 , Oliver O'Connell

In the aftermath of the leaked proffer videos of the four co-defendants who have pleaded guilty in the sprawling Georgia racketeering and election interference case against Donald Trump and 18 others, Judge Scott McAfee has published the limited protective order covering sensitive discovery materials.

All of the remaining defendants bar one — more on that later — agreed to the terms of the order as suggested by defendant David Shafer, though some noted they didn’t feel the need for one in the spirit of transparency.

The only objection came from lawyers for Harrison Floyd, the leader of Black Voices for Trump, who is now facing bigger problems given his repeated violations of the terms of his bond.

The videos of the proffer meetings were leaked by an attorney for defendant Misty Hampton.

You can read the full protective order here.

Meanwhile, in Florida...

Thursday 16 November 2023 16:49 , Oliver O'Connell

Judge Aileen Cannon has agreed to a request by Donald Trump’s defence team to move a Mar-a-Lago classified documents federal criminal case court date that would have clashed with another court date in the former president’s New York criminal case.

The Trump defence team will now be in West Palm Beach, Florida for a documents case hearing on 12-13 February 2024, and will then have to be in New York on 15 February for a hearing in the Stormy Daniels hush money case.

All of this will be happening in the middle of the Republican primaries...

The increasingly complicated legal schedule has already been evident. At one point during the former president’s civil fraud trial in New York, attorney Christopher Kise had to excuse himself to join a Zoom meeting relating to the federal classified documents case.

Trump chips in on Biden-Xi meeting

Thursday 16 November 2023 16:42 , Oliver O'Connell

Having seen the largely positive coverage of the meeting between President Joe Biden and President Xi Jinping of China in San Francisco on the sidelines of the APEC Summit, former president Donald Trump couldn’t help but frame events from his own unique perspective:

President Xi and I had a deal whereby China was going to criminalize at the highest level, THE DEATH PENALTY, the manufacturing of Fentanyl. That deal miraculously disappeared with our RIGGED PRESIDENTIAL ELECTION OF 2020. Too bad!!! One more thing to add to the Stolen Election List of Disasters!

...and in another filing, they demand court halts case until question of presidential immunity resolved

Thursday 16 November 2023 16:30 , Oliver O'Connell

Donald Trump’s attorney Todd Blanche writes in a further filing with the DC court:

“Police officers, corrections officers, federal agents, executive officials, state prosecutors, federal prosecutors, state judges, federal judges, and Members of Congress — all of these officials routinely obtain stays of discovery and of other pre-trial proceedings when they assert official immunity, pending a final resolution of those asserted claims of immunity. The prosecution contends that President Trump should be the only official in America who is not entitled to such consideration ... That position is meritless. The Court should reject the prosecution’s arguments and stay all proceedings until there is a final resolution of President Trump’s claim of Presidential immunity.”\

Read the full filing here.

Trump attorneys ask court to strike Jack Smith filing that said former president responsible for Jan 6

Thursday 16 November 2023 16:25 , Oliver O'Connell

Donald Trump’s defence team has asked a court in Washington, DC to strike from the record part of an earlier filing by Special Counsel Jack Smith that says the former president was “responsible for the events at the Capitol on January 6” as part of the preparation for the federal case against him for his role in attempting to overturn the results of the 2020 election.

In a filing with the US District Court for the District of Columbia, Mr Trump’s lawyer John Lauro writes: “The indictment does not charge President Trump with causing, or participating in, those events. Nor could it, as not a shred of evidence suggests President Trump called for any violence or asked anyone to enter the Capitol unlawfully. In fact, President Trump clearly and repeatedly called for ‘peaceful and patriotic’ assembly, consistent with the finest ideals of our Country.”

After repeating the former president’s contention that he authorised 10,000 National Guard troops to prevent violence at the Capitol on 6 January 2021 which was then denied by both DC Mayor Muriel Bowser and Speaker Nancy Pelosi, the filing continues: “The prosecution now seeks to try President Trump for crimes the grand jury never charged, based on actions President Trump did not take, in a place he never was on January 6, by people he never directed, and opposite to actions he actually did take and statements he made. All with the goal of inflaming and prejudicing the jury.

“The prosecution may not do so. Allegations that third parties allegedly acted improperly will serve only to inflame and prejudice the jury and do not belong in the indictment against President Trump. The Court should strike them.”

Read the full filing here.

Watch: George Santos — what you need to know

Thursday 16 November 2023 16:01 , Oliver O'Connell

George Santos: House Ethics Committee report finds ‘substantial’ evidence federal laws broken

Thursday 16 November 2023 15:46 , Oliver O'Connell

The House Ethics Committee said that it found what it considered “substantial evidence” in its report on Rep George Santos (R-NY) that the embattled freshman Republican broke federal laws in a report it released Thursday morning.

The House Ethics Committee — a bipartisan committee made up of equal members from both parties — released its report on Thursday after a months-long investigation into Mr Santos.

Eric Garcia reports for The Independent on this developing story from Capitol Hill.

House Ethics Committee finds ‘substantial’ evidence George Santos broke federal laws

Trump claims Cohen testimony should’ve ended ‘witch hunt'

Thursday 16 November 2023 15:35 , Oliver O'Connell

In his latest Truth Social post as the 30th day of his civil fraud trial gets underway in Lower Manhattan, Donald Trump still maintains that former fixer Michael Cohen’s testimony should have ended the “witch hunt” case against him.

Why doesn’t the implosion of the A.G. of New York State’s Star Witness end this Witch Hunt. He admitted on the stand that he lied, and that I NEVER TOLD HIM, OR ANYONE ELSE, TO INFLATE THE NUMBERS. In fact, the numbers are low, or very conservative, the exact opposite of what this ridiculous RIGGED case is all about. THE FRAUD IS BY THE JUDGE & A.G. (Mar-a-Lago & more!), NOT BY ME!!!

Mr Cohen testified that the former president would tell him and former Trump Organization CFO Allen Weisselberg that he believed his net worth was far greater than in reality and they would change valuations to make that the case — but Mr Trump never directly told them to do so he said on cross-examination. The former lawyer and fixer for Mr Trump said his ex-boss would instead speak in coded language and imply that was what he wanted.

NYAG asks until 8 December to respond to fraud mistrial motion

Thursday 16 November 2023 15:01 , Oliver O'Connell

New York Attorney General Letitia James’s office has asked Judge Arthur Engoron to give her until 8 December to respond to former president Donald Trump’s “spurious allegations” in the mistrial motion filed by his defence team in his ongoing New York civil fraud trial.

In a letter to the judge, Kevin Wallace, senior enforcement counsel of the Division of Economic Justice, cites a “demonstrable lack of urgency, the impending Thanksgiving holiday, and the fact that the ongoing trial necessitates considerable daily attention” as reasons for asking for time to respond to the motion.

NY fraud trial: Day 30 (!) of Donald Trump’s civil fraud trial to get underway soon

Thursday 16 November 2023 14:40 , Oliver O'Connell

What happened yesterday in court?

After the motion for a mistrial based on bias allegations against Judge Arthur Engoron and his law clerk that the Trump legal team filed in the morning, testimony continued in the Trump Organization civil fraud trial in New York, with expert witness Jason Flemmons back on the stand being questioned by the defence.

Mr Flemmons, who qualifies as an expert having worked for PwC, FTI Consulting and Ankura, as well as being an ex-SEC auditor, testified that accounting regulations allow for “wildly” different valuations depending on different methods, and that doesn’t make them fraudulent.

Asked by Judge Engoron whether he believes the numbers are correct, Mr Flemmons responded: “My testimony is really limited to the methods … not necessary to the numbers that are attached to them.”

On another brief tour of Trump’s real estate assets, Mr Flemmons was asked about the former president’s statements of financial condition, which were compiled by outside accounting firm Mazars.

It transpired through his testimony that the method of determining the value of each property for the purpose of the statements of financial condition was disclosed to the firm in the supporting data.

Mr Flemmons was asked if Trump had disclosed an improper asset valuation method to Mazars, would the accounting firm be required to bring it up with him.

“Yes … professional standards that are applicable to Mazars would require them to do just that,” he replies.

Testimony continued after lunch with direct examination by Jesus Suarez.

After covering the valuation of the Trump brand on licencing deals, Suarez asked: “Was the basis for the valuation of properties in the statements of financial condition accurately described?”

“I believe so, yes,” Mr Flemmons replied.

Suarez asked: “In connection with your review of the [financial statements] and the supporting data, what, if any, GAAP departures did you observe that were not disclosed?”

“I don’t believe I identified any additional discrepancies with GAAP that were not disclosed,” Mr Flemmons answered.

Kevin Wallace, counsel for the New York Attorney General’s office, then began cross-examination. The NY AG tried to have Mr Flemmons barred as a witness as he was a rebuttal to a witness the prosecution had not used after the pre-trial ruling found Mr Trump et al liable for fraud.

Wallace asked about specific transactions and if GAAP departures were disclosed in the financial statements relating to them. Mr Flemmons said he lacked that information.

Asked if someone could make their own valuation of Trump Tower based on the disclosure, he said someone wouldn’t need the disclosure as there are other ways to value the property.

Turning to appraisals of properties — some of which were commissioned but then not used for valuations in financial statements — Mr Flemmons was asked if he didn’t believe they had an obligation to provide accountants with copies of the appraisals for the compilation of the financial statements at the heart of the case.

“That’s correct,” he replied.

Mr Flemmons reiterated that you could perform 12 different valuations using different acceptable methods and only disclose the results of one to accountants compiling financial statements, and that would be fine, according to professional accounting standards.

Cross-examination will continue at 10am.

Fulton County prosecutors want Trump’s co-defendant jailed for witness intimidation

Thursday 16 November 2023 14:24 , Oliver O'Connell

One of Donald Trump’s co-defendants in Georgia’s election interference case could return to jail after he repeatedly violated the terms of his release, according to prosecutors in Atlanta.

A filing from the office of Fulton County District Attorney Fani Willis argues that Harrison Floyd, the leader of Black Voices for Trump, has “engaged in a pattern of intimidation” against his co-defendants and witnesses since he was released on bond in August.

Mr Floyd, like his co-defendants, was charged under the state’s anti-racketeering statute for allegedly joining a criminal enterprise to reverse Mr Trump’s loss in the state in the 2020 presidential election. He also is charged with conspiracy to commit solicitation of false statements and writings and influencing witnesses.

The terms of his release prohibited him from intimidating co-defendants and witnesses and from communicating “in any way, directly or indirectly, about the facts of the case” with any co-defendants or witnesses, except through his counsel.

Prosecutors say he has since “engaged in numerous intentional and flagrant violations of the conditions of release,” including multiple social media posts about plea deals for co-defendants Jenna Ellis and Sidney Powell and posts about Georgia election officials who are witnesses in the case.

Alex Woodward has the details.

Georgia prosecutors want Trump’s co-defendant jailed for witness intimidation

How the Fulton County protective order hearing unfolded yesterday

Thursday 16 November 2023 14:10 , Oliver O'Connell

The defendants in the sprawling Georgia election interference RICO case, and the Fulton County DA’s office, have agreed on a more limited protective order proposed by defendant David Shafer.

Judge McAfee asked whether adopting the order would pave the way for hearings whenever there are disagreements over what constitutes ‘sensitive’ material.

Will Wooten of the DA’s office says they would consider witness proffers, personal identifying information and some business records would be considered sensitive.

Among other things, the order would require the DA’s office to designate certain evidence as “sensitive materials” and give defendants time to contest the designation.

During a roll call to ensure that everyone was in agreement, Jonathan Miller, an attorney for defendant Misty Hampton, says he shared the proffers with a media outlet.

He told Judge McAfee he shared the proffers with the media because the four defendants who had struck plea deals did so in public and to hide the proffers in his mind misleads the public as to what went into those deals and what is going on.

“I don’t believe that two of those defendants were directly related to my client, and I don’t believe that either one of those hurt my client. If anything, I believe they help my client, and the public needs to know that,” Mr Miller argued

There were reports yesterday based on an alleged typo that it was attorneys for defendant Harrison Floyd who had leaked the information, which they vehemently denied.

Before the end of the hearing, Tom Clyde, representing a group of media outlets, objected to the imposition of a protective order saying the standard for one has not been met and that recent events have not given weight to the need for one — there is no physical or economic threat to witnesses.

Mr Clyde notes this is a very different situation to that of grand jurors and jury selection for the upcoming trial.

Speaking for the state, Mr Wooten argued that the media has no standing in this order and that those parties who do have all agreed with only a few specific objections.

Judge McAfee says he will put together a protective order in the same vein as that pitched by David Shafer as everyone is on board including those who do not believe it is needed.

As the hearing wrapped up Harrison Floyd’s lawyers changed their mind and joined media outlets in opposition.

Click here to read the full blog on The Independent's website