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Tag: georgia election subversion case

  • CNN Exclusive: Special counsel election probe continues with focus on fundraising, voting equipment breaches | CNN Politics

    CNN Exclusive: Special counsel election probe continues with focus on fundraising, voting equipment breaches | CNN Politics

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    Washington
    CNN
     — 

    Special counsel Jack Smith is still pursuing his investigation into efforts to overturn the 2020 election a month after indicting Donald Trump for orchestrating a broad conspiracy to remain in power, a widening of the probe that raises the possibility others could still face legal peril.

    Questions asked of two recent witnesses indicate Smith is focusing on how money raised off baseless claims of voter fraud was used to fund attempts to breach voting equipment in several states won by Joe Biden, according to multiple sources familiar with the ongoing investigation.

    In both interviews, prosecutors have focused their questions on the role of former Trump lawyer Sidney Powell.

    According to invoices obtained by CNN, Powell’s non-profit, Defending the Republic, hired forensics firms that ultimately accessed voting equipment in four swing states won by Biden: Georgia, Pennsylvania, Michigan and Arizona.

    Powell faces criminal charges in Georgia after she was indicted last month by Atlanta-area district attorney Fani Willis, who alleges that Powell helped coordinate and fund a multi-state plot to illegally access voting systems after the 2020 election.

    Powell pleaded not guilty to the charges.

    Those charges center around a voting system breach in Coffee County, Georgia, a rural, Republican district that voted overwhelmingly for Trump in 2020. Willis’ indictment describes the breach, and Powell’s alleged involvement, as central to the broader conspiracy to overturn the 2020 election results in Georgia.

    Powell has also been identified by CNN as one of Trump’s un-indicted co-conspirators listed in Smith’s federal election indictment.

    New details about Smith’s ongoing investigation indicate federal prosecutors are scrutinizing a series of voting breaches following the 2020 election that state investigators have been probing for more than a year.

    Exactly how this recent line of inquiry fits into Smith’s ongoing criminal investigation remains unclear. Smith’s grand jury in Washington, DC, is set to expire on Sept. 15 but it can be extended beyond then.

    The special counsel’s office declined to comment.

    According to sources, witnesses interviewed by Smith’s prosecutors in recent weeks were asked about Powell’s role in the hunt for evidence of voter fraud after the 2020 election, including how her nonprofit group, Defending the Republic, provided money to fund those efforts.

    Powell promoted Defending the Republic as a non-profit focused on funding post-election legal challenges by Trump’s team as it disputed results in key states Biden had won. Those challenges and fundraising efforts underpinning them were all based on the premise that evidence of widespread voter fraud was already in hand.

    But according to documents reviewed by CNN and witness testimony obtained by the House select committee that investigated January, 6, 2021, the group was used to fund a desperate search to retroactively back-up baseless claims that Trump’s lawyers had already put forward in failed lawsuits challenging the results in several states.

    A series of invoices and communications obtained by election integrity groups including The Coalition for Good Governance and American Oversight show Defending the Republic contributed millions of dollars toward the push to access voting equipment in key states.

    In a court filing after her indictment in Georgia, Powell denied involvement in the Coffee County breach but acknowledged that “a non-profit she founded” paid the forensics firm hired to examine voting systems there.

    Powell did not respond to CNN’s request for comment.

    Smith’s team has specifically asked witnesses about certain conspiracy theories pushed by Powell including that Dominion Voting Systems had ties to former Venezuelan President Hugo Chavez and featured software he used to rig his own election. The software company has previously said the turnout in those Venezuelan elections, not the voting system, was manuipulated.

    One witness who met with Smith’s team earlier last month, former NYPD Commissioner Bernie Kerik, spoke at length about how Trump allies accessed voting systems in Antrim County, Michigan, shortly after Election Day. Kerik also discussed the origins of a theory that voting machines could switch votes from one candidate to another, according to his lawyer Tim Parlatore.

    Kerik also acknowledged the breach of voting systems in Coffee County during his interview with federal prosecutors, Parlatore told CNN, adding that while his client raised the topic, the conversation did not delve into specifics.

    Kerik and another witness who met with Smith’s team in recent weeks were both asked if Powell was ever able to back-up her various claims of fraud, including conspiracy theories that foreign countries had hacked voting equipment.

    Both were also asked about Defending the Republic and how it was used as a source of funding efforts to find evidence of voter fraud, sources told CNN.

    In addition, special counsel prosecutors have also heard from other witnesses about efforts to breach voting equipment in other states.

    In April, an FBI agent and a prosecutor from Smith’s special counsel’s office interviewed a Pennsylvania resident named Mike Ryan, who used to work for a wealthy Pennsylvania Republican donor named Bill Bachenberg.

    coffee county election office vpx

    Inside the election office involved in latest Trump indictment

    During his interview, which Ryan described to CNN, Ryan says he told federal investigators that Bachenberg worked with Powell and other Trump lawyers to access voting systems in Pennsylvania and other states after the 2020 election.

    Bachenberg, who helped organize Pennsylvania’s fake electors, was subpoenaed by the House select committee last year but there is no public indication he testified. Ryan says he told federal investigators that after the 2020 election Bachenberg was in direct contact with Trump and a host of the former president’s most prominent allies – including lawyers Rudy Giuliani and John Eastman – participating in strategy calls about efforts to overturn the election results in multiple states.

    It is unclear if Bachenberg has been contacted by Smith’s team or the FBI. Bachenberg did not reply to requests for comments from CNN.

    Breaches in Pennsylvania and Michigan

    Michigan Secretary of State Jocelyn Benson also told CNN that she’s spoken to investigators at both the state and federal level about the push to access voting systems.

    Benson says when she met with Smith’s team earlier this spring, she, like Kerik, was asked specifically about efforts related to Antrim County, Michigan, where Powell and a lawyer named Stefanie Lambert helped fund a team of pro-Trump operatives who accessed voting systems shortly after Election Day in 2020.

    Stefanie Lambert listens during a court hearing in Detroit, Michigan, in October 2022.

    The operatives then produced a report claiming votes were flipped from Trump to Biden in Antrim County. That report was then used as supposed evidence to support the dozens of failed lawsuits that Powell filed on Trump’s behalf alleging voter fraud. The report was since debunked.

    “I believe the investigation at the federal level is broad and is meticulous and is looking at all the ways in which democracy was attacked in 2020. And so I would expect everything is on the table, every law that was violated,” Benson told CNN last month referring to the special counsel’s interest in efforts to access voting systems.

    Lambert was charged last month by state prosecutors in Michigan for her alleged involvement in a conspiracy to access voting machines there. Lambert is also linked to a breach in Fulton County, Pennsylvania, where she provided legal representation for the county itself after two Republican county officials secretly allowed a forensics firm to copy voting machine data in an effort to help Trump overturn his 2020 loss in the state.

    The breach is currently the subject of an ongoing probe being conducted by a prosecutor selected by the Pennsylvania Supreme Court.

    Lambert and Bachenberg both received copies of voting system data from Fulton County during the breach, according to the recent civil lawsuit that names both individuals.

    Lambert has also been identified by CNN as an unindicted co-conspirator in the Georgia indictment, which alleges she worked with Powell to secure voting system data that was copied from Coffee County and was tasked with helping collect invoices from the forensics firm hired through Defending the Republic.

    In a statement to CNN, Lambert did not elaborate on her ties to Bachenberg but defended her election-related work, saying, “I am a zealous advocate for my clients. I haven’t broken any laws.”

    Emails obtained by American Oversight indicate Bachenberg was involved in discussions about funding for the Arizona audit and helped facilitate a similar review in Pennsylvania.

    In a September 2021 email containing a summary of the final report on the controversial election audit conducted in Arizona, Bachenberg wrote that “PA will be one of the next domino’s [sic] to fall.”

    That same month, Republicans in the Pennsylvania Senate launched a “forensic investigation” of the state’s 2020 election results.

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  • Trump pleads not guilty in Georgia election subversion case | CNN Politics

    Trump pleads not guilty in Georgia election subversion case | CNN Politics

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    CNN
     — 

    Former President Donald Trump has pleaded not guilty in the sprawling Fulton County election interference case, according to a new court filing.

    Trump had been scheduled to be arraigned in person on Wednesday. Georgia law allows criminal defendants to waive their in-person appearance and enter a formal plea through court filings.

    His arraignment marks the fourth time that Trump has pleaded not guilty to criminal charges since leaving the presidency. In this case, Trump is charged with racketeering in his alleged efforts to upend the 2020 presidential election results in Georgia.

    Several of the former president’s co-defendants have also waived their in-court appearances and have pleaded not guilty, including Sidney Powell and Trevian Kutti. Defendants who do not waive their appearance will attend court as scheduled on September 6.

    Though no official date for Trump to go to trial in Georgia has been set, Fulton County District Attorney Fani Willis, a Democrat, has asked the judge overseeing the case last week to schedule a trial for all 19 defendants for October 23, 2023.

    In response, lawyers for Trump said they oppose the proposed date and have previewed the likelihood of pre-trial disputes that will drag the proceedings. Several co-defendants, including his former chief of staff Mark Meadows, have sought to move their cases from Georgia state court to federal court, a more advantageous legal spot and a move that also would have the effect of delaying the proceedings.

    Trump faces more than a dozen charges, some of which relate to efforts to put forth fake electors to falsely claim that the then-president won Georgia in 2020. He surrendered last week and agreed to a $200,000 bond and other release conditions, including not using social media to target the co-defendants and witnesses in the case.

    He has also been indicted in three other cases: one related to a hush-money payment to an adult-film star in 2016 in Manhattan, another involving the alleged mishandling of classified national defense documents and a third federal investigation related to efforts to overturn the 2020 election.

    This story has been updated with additional background information.

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  • Judge rejects Mark Meadows’ bid to move Georgia election interference case to federal court | CNN Politics

    Judge rejects Mark Meadows’ bid to move Georgia election interference case to federal court | CNN Politics

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    CNN
     — 

    A federal judge on Friday rejected former White House chief of staff Mark Meadows’ bid to move his Georgia criminal case to federal court, a significant setback for Meadows and a troubling sign for former President Donald Trump.

    US District Judge Steve Jones found that the allegations against Meadows contained in the Fulton County district attorney’s indictment on election subversion charges were largely “related to political activities” and not to Meadows’ role as White House chief of staff.

    “The evidence before the Court overwhelmingly suggests that Meadows was not acting in his scope of executive branch duties during most of the Overt Acts alleged,” wrote Jones, a Barack Obama appointee.

    The Friday ruling has significant implications for the former president and his 18 co-defendants in the Fulton County district attorney’s sprawling racketeering case, though the judge said the ruling did not apply to the other defendants. Meadows was the first of five defendants who already filed motions to move the case to federal court – and Trump is expected to do so, too.

    Meadows unsuccessfully argued that his case, now playing out in Georgia state court, should be moved because the allegations in the indictment were connected to his official duties as White House chief of staff. His lawyers wanted the case in federal court so they could try to get it dismissed altogether, invoking federal immunity extended to certain individuals who are prosecuted or sued for conduct tied to their US government roles.

    The judge’s decision could set the tone for the other defendants also trying to move their cases. It’s an ominous sign for the defendants who are hoping to invoke the same federal immunity protections.

    The judge explicitly stated in his ruling that he is not offering any opinion about Fulton County’s underlying criminal case against Meadows, who has pleaded not guilty.

    Jones wrote in the decision that Meadows had not met even the “‘quite low’ threshold for removal” to federal court, because his activities for the Trump campaign were outside the scope of his federal role as White House chief of staff.

    “The Court finds that the color of the Office of the White House Chief of Staff did not include working with or working for the Trump campaign, except for simply coordinating the President’s schedule, traveling with the President to his campaign events, and redirecting communications to the campaign,” Jones wrote. “Thus, consistent with his testimony and the federal statutes and regulations, engaging in political activities is exceeds the outer limits of the Office of the White House Chief of Staff.”

    The Hatch Act, which prohibits federal officials from engaging in political activity as part of their official duties, was “helpful in defining the outer limits of the scope the White House Chief of Staff’s authority,” the judge said.

    “These prohibitions on executive branch employees (including the White House Chief of Staff) reinforce the Court’s conclusion that Meadows has not shown how his actions relate to the scope of his federal executive branch office. Federal officer removal is thereby inapposite,” the judge wrote in the decision.

    Meadows on Friday swiftly appealed the ruling to the US 11th Circuit Court of Appeals.

    The indictment identifies eight overt acts Meadows allegedly took in furtherance of the scheme to overturn the 2020 election results. Meadows argued that these actions were part of his federal duties – and thus, the case should be moved to federal court – but Jones disagreed.

    “The Court finds insufficient evidence to establish that the gravamen, or a heavy majority of overt acts alleged against Meadows relate to his role as White House Chief of Staff,” Jones wrote, adding that “Meadows failed to provide sufficient evidence that these actions related to any legitimate purpose of the executive branch.”

    One of Meadows’ most critical actions was his participation in Trump’s phone call with Georgia Secretary of State Brad Raffensperger in early January 2021, when Trump infamously prodded Raffensperger to “find” enough votes for him to overcome Joe Biden’s margin of victory.

    Jones ruled that this phone call “was made regarding private litigation brought by President and his campaign” and was “therefore outside Meadows’ federal role as an executive branch officer.”

    Meadows other actions in late 2020, including contacts with state lawmakers that Trump hoped would help him undermine the election results, also weren’t tied to his government role, Jones concluded.

    “The Court finds that the underlying substance of those meetings and calls were related to political activities and not to the scope of Meadows’s federal office,” the judge wrote.

    The ruling is also a personal blow to Meadows, who took a significant risk by testifying about the removal bid at a recent hearing, where he was questioned under oath by Fulton County District Attorney Fani Willis’ team. Prosecutors could potentially use his testimony against him in future proceedings.

    After the charges against Trump and his 18 co-defendants were filed, the former president’s lawyers signaled they intended to try to move Trump’s case to federal court, just as Trump had unsuccessfully sought to do in his New York criminal case. Trump’s lawyers told the judge overseeing the state case on Thursday that he may seek to move the case to federal court, but they haven’t filed the legal motions yet.

    Trump has 30 days from the time he entered his not-guilty plea to file to move his case.

    CNN has reached out to lawyers for Meadows and Trump for comment.

    In addition to Meadows, Jeffrey Clark, the former Trump administration DOJ official, and three Georgia GOP officials who served as Trump’s fake electors have also filed to move their cases to federal court. Former Georgia Republican Party Chairman David Shafer and former GOP Coffee County Chairwoman Cathy Latham have a joint hearing scheduled on September 20, while the third fake elector seeking federal removal – Shawn Still, a Georgia state senator – has a hearing on September 18.

    While Meadows’ motion was rejected, Shafer, Still and Latham have made a slightly different argument: They say they acted as fake electors at Trump’s direction. But unlike Meadows, who worked in the White House in 2020, the fake electors have a more tenuous link to the federal government, as nominees to serve as real electors for Trump if he won Georgia, who would’ve participated in the federally mandated Electoral College process.

    In his decision Friday, Jones noted that his ruling regarding Meadows “does not, at this time, have any effect on” the other defendants who are also trying to move their case to federal court. Those motions are still pending before Jones, and evidentiary hearings are scheduled for later this month.

    “The Court will assess these Defendants’ arguments and evidence following the forthcoming hearings…. independent of its conclusion” in the Meadows case, Jones wrote.

    There are several reasons why it would be advantageous for Meadows and the other defendants to move their cases to federal court. In addition to making immunity claims under the Constitution’s Supremacy Clause, a federal trial would likely have a jury pool more sympathetic to Trump and his co-defendants.

    While the state courthouse for this case is based in deep-blue Fulton County, the federal court district that includes Fulton also contains the more-Republican northern part of the state.

    At his hearing last month, Meadows surprisingly took the stand trying to help move his case to federal court, testifying for more than three hours about what happened in the White House after the 2020 election.

    Meadows tried to argue that all of his work as the president’s top adviser fit into his role as chief of staff – even when it spilled into politics.

    “It’s still part of my job to make sure that the president is safe and secure and able to perform his job. And that’s what I was doing,” Meadows said, later adding, “serving the president of the United States and … it takes on all kinds of forms.”

    But the Fulton County prosecutors peppered Meadows with questions about how his official job involved things like setting up phone calls involving campaign lawyers, such as Trump’s infamous January 2021 phone call Raffensperger.

    Jones concluded that some of Meadows’ high-stakes testimony on the witness stand was lacking – and even used some of it against him in the ruling.

    “When questioned about the scope of his authority, Meadows was unable to explain the limits of his authority, other than his inability to stump for the President or work on behalf of the campaign,” Jones wrote, saying he would give Meadows’ testimony on that topic “less weight” than the other evidence.

    Jones also cited Meadows’ acknowledgment that the lawyers he included in the phone call with Georgia’s secretary of state were working for Trump or his campaign – not the government.

    Fulton County prosecutors also subpoenaed Raffensperger to testify at Meadows’ hearing, where Raffensperger said plainly there was no role for the federal government in certifying Georgia’s elections.

    “It was a campaign call,” Raffensperger testified.

    This story has been updated with additional details.

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  • Fact check: Trump falsely claims polls show his Black support has quadrupled or quintupled since his mug shot | CNN Politics

    Fact check: Trump falsely claims polls show his Black support has quadrupled or quintupled since his mug shot | CNN Politics

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    CNN
     — 

    Former President Donald Trump falsely claimed Wednesday that polls show his support among Black Americans has quadrupled or quintupled since his mug shot was released.

    The booking photo was taken on August 24, when Trump was arrested in Fulton County, Georgia, on charges connected to his efforts to overturn his defeat in the state in the 2020 election.

    On Wednesday, Trump claimed in a falsehood-filled interview with conservative commentator Hugh Hewitt that “many Democrats” will be voting for him in the 2024 election because they agree with him that the criminal charges against him in four cases are unfair. He then made this assertion: “The Black community is so different for me in the last – since that mug shot was taken, I don’t know if you’ve seen the polls; my polls with the Black community have gone up four and five times.”

    Facts First: National public polls do not show anything close to an increase of “four and five times” in Black support for Trump since his mug shot was taken, either in a race against President Joe Biden or in his own favorability rating; Trump’s campaign did not respond to CNN’s request to identify any poll that corroborates Trump’s claim. Most polls conducted after the release of the mug shot did find a higher level of Black support for Trump than he had in previous polls – but the increases were within the polls’ margins of error, not massive spikes, so it’s not clear whether there was a genuine improvement or the bump was just statistical noise. In addition, one poll found a decline in Trump’s strength with Black voters in a race against Biden, while another found a decline in his favorability with Black respondents even as he improved in a race against Biden.

    Because Black adults make up a relatively small share of the overall population, they tend to have small sample sizes in national public polls. That means the margins of error for this group are big and the results tend to bounce around from poll to poll. And even if Trump’s recent polling improvement captures a real change in voter sentiment, there is no evidence that change has anything to do with his mug shot, which no poll asked about; it could just as well have to do with, say, the summer increase in the price of gas or any of numerous other factors affecting perceptions of Biden.

    Regardless, Trump greatly exaggerated the size of the recent uptick seen in some polls. Here’s a look at what polls actually show about his recent standing with the Black population, plus a fact check of three of Trump’s many other false claims from the Hewitt interview.

    CNN identified five national public polls that: 1) included data on Black respondents in particular; 2) were conducted after Trump’s mug shot was released on August 24; 3) were conducted by pollsters who had also released polls in the recent past.

    Four of the polls showed gains for Trump among Black respondents, though much smaller gains than the quadrupling or quintupling he claimed to Hewitt.

    Trump gained 3 percentage points with Black respondents in polling by The Economist and YouGov, though within the margin of error – going from 17% against Biden in mid-August to 20% in late August. (The earlier poll asked the Trump-versus-Biden question of Black adults regardless of whether they are registered to vote, while the later poll asked the question to Black registered voters, so the results might not be directly comparable.) At the same time, Trump’s favorability with Black respondents was down 9 percentage points to 18%.

    Trump gained 3 percentage points with Black registered voters between a Messenger/Harris X poll in early July and a survey by the same pollster in late August, edging up from 22% against Biden to 25%. Trump gained 6 percentage points among Black adults in polling by the firm Premise, going from 12% against Biden in an Aug. 17-21 poll to 18% in an Aug. 30-Sept. 5 poll. He gained 8 percentage points among Black registered voters in polling by Republican firm Echelon Insights, going from 14% against Biden in late July to 22% in late August. Based on the sample sizes reported for Black respondents in each poll, all of those changes are within the margin of error.

    One of the five polls, by Emerson College, showed Trump’s standing with Black registered voters worsening after the mug shot was released, though this change was also within the margin of error. In Emerson’s mid-August poll, Trump had about 27% Black support in a race against Biden; in its late-August poll, he had about 19% support.

    In addition to looking at those five polls, we contacted The Wall Street Journal about an Aug. 24-30 poll, conducted jointly by Republican and Democratic pollsters, for which the newspaper has not yet released detailed demographic-by-demographic results. Aaron Zitner, a Journal reporter and editor who works on the poll, told us that Trump’s level of support with Black voters “didn’t change at all” between the paper’s April poll and this new poll, though Biden’s standing declined slightly within the margin of error.

    Exit polls estimated that Trump received 12% of the Black vote in the 2020 election. A post-election Pew Research Center analysis found that he received 8%.

    Mike Pence’s standing in 2016

    Trump made another false polling-related claim to Hewitt.

    This one was about how Mike Pence, Trump’s former vice president and his current opponent for the Republican nomination, had performed in polls during his 2016 campaign for reelection as governor of Indiana. Pence ceased his Indiana campaign when Trump selected him as his running mate in July 2016.

    Trump said Wednesday: “I’m disappointed in Mike Pence, because I took Mike from the garbage heap. He was going to lose. You know, he was running for governor, reelection. He was running for governor again, to continue his term, and he was absolutely, you know – he was down by 10 or 15 points.”

    Facts First: Trump’s claim that Pence was trailing by “10 or 15 points” in his 2016 race is false. It’s true that Pence had faced a tough battle for reelection as governor before he ended the campaign to run nationally with Trump, but no public poll had shown him down big.

    A May 2016 poll (commissioned by a Republican group that was founded by an opponent of Pence’s right-wing stance on gay rights and other issues) had showed Pence with 40% support and his Democratic opponent, John Gregg, with 36% support; the Indianapolis Star called this a “virtual dead heat” because of the poll’s margin of error of plus or minus 4 percentage points, but nonetheless, Pence certainly wasn’t “down by 10 or 15 points” like Trump said. An April 2016 poll had showed Pence with 49% support to Gregg’s 45%, again within the margin of error but not with Pence trailing.

    “There would not be any poll that would show Pence down 10-15 points to John Gregg at that time or frankly at any point even if Pence had stayed for the reelection campaign,” Christine Matthews, the president of Bellwether Research & Consulting and a Republican pollster who conducted surveys during that 2016 race in Indiana, including the May 2016 poll mentioned above, told CNN on Wednesday. Matthews said Pence could possibly have lost the race if he had remained in it, “but no poll would have shown him down by 10-15 points in that process.”

    Alabama, Georgia and South Carolina in 2020

    Trump repeated his usual lies about the 2020 election – saying, among other things, that “it was rigged and stolen.” In support of those lies, he said: “One of the top people in Alabama said you don’t win Alabama by 45 points or whatever it is I won, and then win South Carolina in a record, nobody’s ever gotten that many votes, and then you lose Georgia by just a couple of votes. It doesn’t work that way.”

    Facts First: Trump hedged his claim that he won Alabama by “45 points,” adding the “whatever it is I won,” but the “45 points” claim is not even close to correct no matter what “one of the top people” told him; he won Alabama by about 25.5 percentage points in 2020. He lost Georgia by far more than “just a couple of votes”; it was 11,779 votes. And while he did earn a record number of votes in South Carolina, he did not win the state with anything close to a “record” margin of victory; his roughly 11.7-point margin in 2020 was about 2.6 points smaller than his own margin in 2016 and also smaller than the margins earned by numerous previous winners.

    In addition, Trump’s claim that “it doesn’t work that way” – winning some states big while losing a nearby state – is also baseless. Even neighboring states are not the same. Georgia, which Trump lost fair and square, has key demographic and social differences from South Carolina and Alabama, as we explained in a previous fact check.

    Polls and election results weren’t the only things Trump exaggerated about in the interview.

    He invoked the price of bacon while criticizing the Biden administration for speaking positively about the state of inflation, which has declined sharply over the last year but remains elevated. “They try and say, ‘Oh, inflation’s wonderful.’ What about for the last three years, where bacon is five times higher than it was just a few years ago?”

    Facts First: Trump’s claim that the price of bacon has quintupled over the last few years is grossly inaccurate. The average price of bacon is higher than it was three years ago, but it is nowhere near “five times higher.” The average price for a pound of sliced bacon was $6.236 per pound in July 2023, up from $5.776 in July 2020, according to federal data – an increase of about 8%, nowhere near the 400% increase Trump claimed.

    You can come up with a larger percentage increase if you start the clock at a different point in 2020; for example, the July 2023 average price is a 13.4% increase from the February 2020 average price. But even that larger increase is way smaller than Trump claimed.

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  • Trump asks judge to dismiss Georgia election subversion charges against him | CNN Politics

    Trump asks judge to dismiss Georgia election subversion charges against him | CNN Politics

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    CNN
     — 

    Former President Donald Trump is asking a court to dismiss several criminal charges against him in the Georgia 2020 election interference case.

    His filings on Monday are Trump’s opening salvo of legal arguments to challenge the state-level charges.

    The filings indicate Trump wants to adopt the legal arguments his racketeering co-defendants Rudy Giuliani, Kenneth Chesebro and Ray Smith have already made in court filings.

    Giuliani filed his challenge Friday, asking Fulton County Superior Court Judge Scott McAfee to toss his indictment due to “deficiencies,” his lawyers argued, that render it invalid. Chesebro, the pro-Trump lawyer who devised the “fake electors” scheme, filed a similar challenge last month that argued the indictment “fails to sufficiently set out the charge or any violation of the law.”

    Smith, an attorney for Trump’s 2020 campaign in Georgia, filed his extensive motion challenging the indictment also on Monday, arguing that the indictment had “voluminous” defects and that the state failed to meet the racketeering statute.

    Motions like these are common at the start of a criminal case, and they are rarely successful.

    The former president is asking for the state charges to be tossed even as he has indicated in court filings that he may ask for the case to be moved to federal court, where he can try to invoke protections for federal officials.

    Trump faces 13 counts – including racketeering, conspiracy charges and soliciting a public official to violate their oath of office – in the sprawling indictment brought by Fulton County District Attorney Fani Willis last month against him and 18 co-defendants for their roles in attempting to reverse Georgia’s 2020 election results. All 19 defendants – including Trump, Giuliani, Chesebro and Smith – have pleaded not guilty in the case.

    This story has been updated with additional information.

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  • Trump’s indictments — and mug shot — are deepening his supporters’ anger and revving up their support | CNN Politics

    Trump’s indictments — and mug shot — are deepening his supporters’ anger and revving up their support | CNN Politics

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    CNN
     — 

    Phil Jensen wore a bright red T-shirt with Donald Trump’s mug shot and “NEVER SURRENDER!” printed on it to the former president’s rally in Rapid City, South Dakota, last week. The longtime state legislator loved the shirt so much, he planned on giving half a dozen to his friends and family.

    “He looks defiant,” Jensen said of the photo taken at an Atlanta jail after Trump was indicted over his efforts to overturn his 2020 election loss in the state.

    “And I love it because he has every right to be,” the South Dakota Republican said. “He was railroaded.”

    In more than 40 interviews with CNN in Iowa, New Hampshire, Pennsylvania, Alabama, South Dakota and Texas, Trump supporters said the 91 criminal charges in four separate cases against him have only deepened their support of the former president. They repeated Trump’s unfounded claims that he was the subject of a politically motivated “witch hunt” and said they believed the charges showed the system was rigged against him – and, by extension, them.

    A majority of Americans think that the charges against Trump are valid and that he should be prosecuted, recent polls show, but Trump maintains a tight grip on the Republican Party and his front-runner status in the 2024 GOP presidential primary is undisputed.

    “What they’re doing to him is persecution,” said Corey Bonner of Texas. “They’re going after an old American president, they’ve been going after him since the beginning, they haven’t stopped, and they’re not going to stop. And this is where we have to stand up and fight.”

    At a summer gathering for Alabama Republicans, 81-year-old retired schoolteacher Carolyn McNeese echoed Trump’s attacks on the prosecutors who have charged him and said she thought they were “evil.”

    “They want him out because they’re scared of him,” McNeese said.

    Those interviewed said they believed that President Joe Biden’s son Hunter was the one who needed to be charged and that Republicans faced a different standard under the justice system. And some said that perhaps Trump did commit crimes, but it didn’t change their opinion of him because, as Texas resident Bobby Wilson put it, “We all have sinned; we all have some things that we’ve done.”

    “He’s probably guilty, but it doesn’t matter,” said Jace Kirschenman, an 18-year-old in South Dakota who works in construction.

    He said nothing could deter him from voting for Trump next year.

    “You show me a perfect person in this world, and I’ll show you a blue pig with wings,” said Corey Shawgo, a 34-year-old truck driver in Pennsylvania who attended Trump’s rally in Erie. “Everyone makes mistakes.”

    Like many other Trump supporters interviewed, Scott Akers of Alabama immediately pointed to Hunter Biden when asked about Trump’s mounting legal peril.

    “We have something finally start to come out about the connection between Hunter Biden’s shady dealings and his father and then, like two days later, there’s a federal indictment,” Akers said. “The timing of it is very ironic.”

    The president’s son has been the subject of investigations by House Republicans and the federal Justice Department. The House GOP probe has so far failed to surface any evidence showing Joe Biden profited from his son’s business dealings, but it has found that the younger Biden used his father’s names to help advance deals. Separately, Hunter Biden was indicted on Thursday by special counsel David Weiss in connection to a gun he purchased in 2018.

    Intertwined with their outrage over the indictments, some Trump supporters are raising the specter of heightened political violence if Trump were to be convicted.

    “This country’s a powder keg. You know, we’ve ‘bout had it,” said Frank Yurisic, 76, who attended Trump’s Pennsylvania rally.

    “I think there could very well possibly be violence,” Yurisic said. “If they march on Washington, I’ll be one of the ones there. I don’t think they realize how upset the people are in this country about what’s going on.”

    The predictions of possible violence made by some Trump supporters in interviews with CNN echo Trump’s warnings of what could happen were he to be convicted.

    Before Trump’s first indictment in March, he had warned about “potential death and destruction” if a Manhattan grand jury were to indict him on charges related to a hush money payment to an adult film star. When asked in an Iowa radio interview in July how he thought his supporters would react if he did ultimately end up behind bars, Trump said, “I think it’s a very dangerous thing to even talk about because we do have a tremendously passionate group of voters.”

    “There’ll be backlash, and it’ll probably be severe,” said Jim Vanoy, an 80-year-old Trump supporter who lives in Alabama. He said he thought there would be a “good degree of violence” if Trump is convicted.

    Rachel Kleinfeld, a senior fellow in the democracy, conflict and governance program at the Carnegie Endowment for International Peace, said the US has seen “vastly increased” political violence since Trump took office in 2017.

    “He unleashed some of the worst parts of the American id in normalizing violence as a way to solve political differences. And so we’re seeing neighbors killing neighbors, people killing business owners over political disputes all over the country,” she said.

    But Kleinfeld pointed to the lengthy prison sentences meted out to some participants in the deadly January 6, 2021, insurrection at the US Capitol as a potential deterrent to political violence. Stewart Rhodes, the founder of the far-right militia group Oath Keepers, was sentenced to 18 years in prison and Enrique Tarrio, the former head of the far-right Proud Boys, was sentenced to 22 years. Kleinfeld also noted the two-and-a-half-year prison sentence handed down to an Iowa man for threatening Arizona’s attorney general and a Phoenix-area election official.

    “What we’re seeing now is a summer of a lot of accountability, where people are starting to be held to account for violence, and that is the best possible thing for reducing future violence,” she said.

    Trump supporter Amanda Hamak-Leon and her boyfriend are seen at his Rapid City, South Dakota, rally on September 8, 2023.

    Trump continues to defend his supporters who were part of the January 6 mob and said in a recent interview with former Fox News host Tucker Carlson that there was “love and unity” among those who had gathered in Washington that day.

    His lies about the 2020 election, which fueled the riot at the Capitol, were repeated on the campaign trail by his supporters in interviews with CNN. Many said they felt confident in Trump’s chances in a rematch with Biden in 2024.

    “Unless they convict him of something, I don’t care,” said Mark Roling, 63, of Pennsylvania. “In fact, I kind of like it. Every time they indict him, he gets stronger.”

    Trump has widened his polling lead over the rest of the GOP field since his first criminal charges were announced this spring, and his campaign has reported fundraising boosts in the wake of his indictments. That has vexed many Democrats, independents and more moderate Republican voters, who question how his supporters aren’t turned off by the serious and numerous criminal charges against Trump and believe the indictments should disqualify him from a second term as president.

    “He’s making a psychic connection between his troubles with government and people’s troubles with government. And it’s working,” said Craig Shirley, who has written four books on former President Ronald Reagan and has been a Republican strategist for decades.

    “So many Americans have had bad experiences with government over the years,” Shirley said. “They’ve had bad experiences with the IRS. They’ve had bad experiences with police forces. They’ve had bad experiences with school boards. They’ve had bad experiences with any manifestation of some form of government, and that has made them more and more anti-establishment.”

    Trump has been intentional on the campaign trail about making his supporters feel like his indictments are personal to them. “I’m being indicted for you,” he says at every rally. “They’re not coming after me, they’re coming after you, and I’m just standing in their way.”

    “It’s very much like a family protecting one of their own,” Whit Ayres, a veteran GOP pollster, said of how Trump’s supporters have rallied around the former president.

    “He came down the escalator in 2015, saying, ‘I am doing this for you. I am your protector. I am the only one looking out for you. And an attack on me is an attack on you.’ And he has been beating that drum now for eight years, and it’s accepted as true by millions of his supporters,” Ayres said.

    The day after Trump was booked at the Fulton County jail in Atlanta, his campaign said it had the highest-grossing fundraising day of the entire campaign to date, raising $4.18 million. A few days later, the campaign said it had raked in nearly $3 million off mug shot merchandise alone.

    A vendor sells T-shirts featuring Trump's mug shot outside his Rapid City, South Dakota, rally on September 8, 2023.

    But the market for mug shot merchandise extends well beyond the official campaign store as private vendors see their sales skyrocket.

    “This is the new ‘Let’s Go Brandon,’” said Sam Smith, a private vendor at Trump’s Rapid City rally, referring to the right-wing slogan used to insult Joe Biden. Smith, who travels around the country to sell merchandise outside the former president’s events, said he made solid money for two years off “Let’s Go Brandon” products.

    Longtime Trump supporter Amanda Hamak-Leon bought matching mug shot T-shirts on Amazon that said “WANTED FOR PRESIDENT” for her and her boyfriend to wear to Trump’s rally in Rapid City.

    “It really ticked me off,” Hamak-Leon said of Trump’s indictments. “I just feel like now for six-plus years they’ve been going after him with anything that they can, taking shots in the dark. It just makes me like him more that he just keeps going and is not letting this stop him.”

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  • New trove of emails and documents turned over to prosecutors in Georgia election subversion case | CNN Politics

    New trove of emails and documents turned over to prosecutors in Georgia election subversion case | CNN Politics

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    CNN
     — 

    A trove of emails and documents uncovered by state investigators looking into a voting systems breach in Georgia is being turned over to the Fulton County prosecutors who brought the sweeping racketeering case against former President Donald Trump and his allies.

    More than 15,000 emails and documents connected to Misty Hampton, the former election supervisor for Coffee County, were discovered this month by the Georgia Bureau of Investigation – after attorneys for the rural county’s board of elections claimed the information had been lost.

    Hampton has been charged alongside Trump and 17 other co-defendants with trying to subvert the 2020 election results in Georgia. She has been accused of facilitating the unlawful breach of Coffee County’s voting systems.

    The Georgia Bureau of Investigation had been looking into the Coffee County incident since the summer of 2022. Earlier this month, the agency completed its investigation and gave the case file to Fulton County prosecutors to be included as part of discovery to be turned over to defendants in the Trump election interference case.

    While it’s unclear what’s in the trove of emails and documents, the Coffee County breach features prominently in the Fulton County indictment. Prosecutors say Trump allies illegally breached the voting systems in hopes of finding proof that the election was fraudulent. Prosecutors also have evidence tying Trump campaign lawyers to the breach.

    Sidney Powell, the former Trump campaign attorney charged with crimes stemming from the Coffee County voting systems breach, has centered her defense around the claim that access to the data was authorized by Hampton. Powell and pro-Trump lawyer Kenneth Chesebro are the first two defendants to go to trial, with jury selection set to begin Friday.

    In text messages previously obtained by CNN, Hampton allegedly gave Trump attorneys a “written invitation” to access Georgia voting systems.

    RELATED: Georgia prosecutors have messages showing Trump’s team is behind voting system breach

    Hampton’s attorney Jonathan Miller said he believes that the newly discovered emails and content will exonerate her.

    “There is nothing in the 15,000 emails that would do anything to make my client culpable of a crime, and I look forward to reviewing it all,” Miller told CNN. “She was acting under authority of Georgia statutes in doing what she did, and the evidence is going to show that. She did not commit any crimes.”

    Hampton and Powell each face seven charges in Fulton County, including conspiracy to commit election fraud and computer trespassing, in addition to racketeering. A trial date for Hampton has not been set, and Miller said his client has not received a plea offer she is “willing to facilitate.”

    All but one defendant, bail bondsman Scott Hall, who has agreed to testify for the prosecution, have pleaded not guilty.

    The security of Georgia’s elections had been the subject of litigation even before the 2020 presidential contest. The Coalition for Good Governance, a nonprofit organization, sued the Georgia secretary of state over the issue in 2017. Hampton’s alleged involvement in the Coffee County breach came to light as part of that ongoing civil lawsuit.

    “Few people believed the bizarre claims made by the Coffee County Board of Elections and their attorneys that Misty Hampton’s emails were suddenly lost shortly after she was terminated in February 2021,” the coalition said in a statement.

    The board of elections did not respond to CNN’s request for comment.

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  • Judge Chutkan temporarily freezes Trump gag order in 2020 election subversion case | CNN Politics

    Judge Chutkan temporarily freezes Trump gag order in 2020 election subversion case | CNN Politics

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    CNN
     — 

    US District Judge Tanya Chutkan on Friday temporarily froze the gag order she issued on Donald Trump in the former president’s federal 2020 election subversion criminal case.

    In a brief order, Chutkan, who is overseeing the case against Trump in Washington, DC, said she was issuing the administrative stay of the gag order entered earlier this week to give the parties more time to brief her on the former president’s request to pause the order while his appeal of it plays out.

    Chutkan also said that the Justice Department has until Wednesday to respond to Trump’s request for a longer pause on the gag order and that Trump would have until the following Saturday to reply to the government’s filing.

    Trump has already appealed the gag order to the DC Circuit Court of Appeals and in a 33-page filing on Friday, his attorneys urged Chutkan to pause the order while that appeal plays out.

    The pause comes days after Chutkan presided over a contentious hearing where Trump’s attorneys and federal prosecutors clashed over how Trump would be able to discuss special counsel Jack Smith’s prosecution against him on the campaign trail.

    “I understand that you have a message you want to get out,” Chutkan said at the time. “I do not need to hear any campaign rhetoric in my court.”

    The gag order, which was limited in scope, had prohibited Trump from making certain types of statements about the special counsel’s team or potential witnesses, including any comments that directly targeted court personnel, potential witnesses or the special counsel and his staff.

    However, the gag order did not prevent Trump from making disparaging comments about Washington, DC, where the trial is slated to take place next year. Trump was allowed to make certain comments about the Justice Department at large. Chutkan had specified that Trump “can certainly state that he is being unfairly prosecuted.”

    Meanwhile on Friday, the former president was fined $5,000 by a New York judge presiding over his civil fraud trial for violating another gag order that bars him from speaking about any members of the court staff.

    Judge Arthur Engoron had issued the order in that case earlier this month after Trump posted about the judge’s clerk on Truth Social.

    This story has been updated with additional information.

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  • Two more Trump co-defendants plead guilty. What next? | CNN Politics

    Two more Trump co-defendants plead guilty. What next? | CNN Politics

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    A version of this story appeared in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.



    CNN
     — 

    With the frightening Israel-Hamas war and a major spoke of the US government – the House of Representatives – unsolvably speakerless and in a state of paralysis, a pair of guilty pleas in a Georgia courtroom almost feels like Page 2 news.

    But these particular guilty pleas this week come from two of former President Donald Trump’s co-defendants, the second and third such admissions of guilt in the criminal case brought against him for trying to overturn Georgia’s 2020 presidential election result.

    • Sidney Powell, a public face of Trump’s attempts to challenge the election results in 2020 and 2021, pleaded guilty Thursday. The former Trump attorney will avoid jail time but agreed to testify as a witness and pleaded guilty to six misdemeanors for conspiracy to commit intentional interference, downgraded from felony charges she had faced.
    • Kenneth Chesebro, a less public face of the effort, was an attorney who helped engineer the fake electors plot. He pleaded guilty Friday to a single felony, conspiracy to commit filing false documents. He’s also likely to avoid jail time.
    • Scott Hall, a bail bondsman, pleaded guilty last month after being accused of conspiring to unlawfully access voter data and ballot-counting machines at the Coffee County election office on January 7, 2021.

    That leaves Trump and 15 other co-defendants awaiting trial in the case. Trial dates have not been set, and Trump has pleaded not guilty.

    Along with the three other upcoming criminal trials in New York, Washington, DC, and Florida and the ongoing civil trial in New York, the Georgia proceedings are part of a complicated web of legal problems percolating beneath the 2024 election.

    Chesebro admitted to entering into a conspiracy specifically with Trump to create a slate of fake electors in Georgia, along with two other attorneys, Rudy Giuliani and John Eastman.

    CNN legal analyst and former federal prosecutor Elliot Williams noted that the Georgia case, brought by Fulton County District Attorney Fani Willis, has had its detractors, because it included 18 co-defendants along with Trump, which could make it seem politically motivated.

    But guilty pleas, Williams said, are now evidence that crimes were committed as Trump tried to make Joe Biden’s 2020 victory disappear.

    “This ought to pour cold water on the notion that this was just a partisan witch hunt to target the president and his allies,” Williams told Jim Sciutto on CNN Max.

    CNN’s report on his guilty plea notes that “Chesebro acknowledged in the plea that he ‘created and distributed false Electoral College documents’ to Trump operatives in Georgia and other states, and that he worked ‘in coordination with’ the Trump campaign.”

    All but one charge against Chesebro was dropped, and he has agreed to testify at trial.

    Just because Powell’s plea agreement did not mention Trump does not mean she might not be asked about him under oath, as CNN’s Marshall Cohen notes:

    Most notably, Powell attended a White House meeting on December 18, 2020, where some of Trump’s most extreme supporters encouraged him to name her as a special counsel to investigate supposed voter fraud, to consider declaring martial law and to sign executive orders that would direct the military to seize voting machines.

    Cohen adds that whatever Powell tells Georgia prosecutors could be used in the federal election subversion case brought by special counsel Jack Smith.

    One gag order was issued by Judge Tanya Chutkan, who is overseeing the federal 2020 election subversion case in Washington, DC. Trump is appealing, arguing she “took away my right to speak,” and on Friday Chutkan put a temporary freeze on the order.

    Chutkan has been insistent that the federal case get underway on schedule, in March, at the pinnacle of primary season.

    Trump made those comments about his freedom of speech as he entered a courtroom in New York, where he faces a civil fraud trial brought by the state attorney general. He is also under a gag order in that case, and that judge, Arthur Engoron, fined Trump $5,000 on Friday for violating the gag order after a social media post targeting a court employee was left up on Trump’s campaign website.

    Engoron said future violations could even ultimately lead him to imprison Trump.

    The court developments are an important reminder that as Trump cruises toward the Republican presidential nomination, at least according to public opinion polls, he is also in very real legal peril – something Trump acknowledged, before the gag-order-related threat from Engoron in New York, when the former president talked about the prospect of prison during an event in Clive, Iowa.

    “What they don’t understand is that I am willing to go to jail if that’s what it takes for our country to win and become a democracy again,” Trump said at the rally.

    There is some bizarre irony in the comments since he’s charged in connection with trying to subvert an election, one of the fundamental pillars of democracy.

    Former New Jersey Gov. Chris Christie, who is among those challenging Trump for the Republican presidential nomination, said on CNN that he doesn’t believe Trump is willing to go to jail.

    “The last place he wants to spend five minutes is in jail,” Christie said. He complained that Trump has failed to appear at Republican presidential debates.

    “Donald Trump doesn’t want any legitimate debate or discussion about his conduct,” Christie said.

    Republicans like Christie are running out of time and opportunity to challenge Trump. Another debate is scheduled for November 8 in Miami, but Christie has not yet qualified. NBC is sponsoring the debate, along with the right-wing outlets Salem Radio Network and Rumble.

    Oliver Darcy, CNN’s senior media reporter, argues the arrangement creates strange bedfellows.

    “It’s no surprise that the GOP, which veered sharply to the right during Donald Trump’s presidency, would select Salem and Rumble as partners,” Darcy writes, “but it is striking that NBC News would agree to link arms with such organizations.”

    Anti-Trump Republicans want some of the candidates challenging him to drop out of the race so that the opposition can coalesce around an individual alternative. The debate stage November 8 is expected to be much smaller, perhaps with only a few people.

    But don’t expect the former president to show. Trump is planning a rally nearby to draw attention away from his rivals.

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  • The Fulton County charges against Donald Trump face a major test Monday. Here’s what to watch for | CNN Politics

    The Fulton County charges against Donald Trump face a major test Monday. Here’s what to watch for | CNN Politics

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    CNN
     — 

    Fulton County District Attorney Fani Willis will lay out the first details of her sprawling anti-racketeering case against former President Donald Trump, his White House chief of staff Mark Meadows and 17 other co-defendants at a federal court hearing on Monday morning.

    This will be the first time that substantive arguments will be made in court about the four criminal cases brought against Trump this year.

    The subject of the hearing, set to begin at 10 a.m., is Meadows’ motion to move his case to federal court and possibly have it thrown out, but it’s much more than that – it could end up acting as a mini-trial that determines the future of Fulton County’s case against the former president.

    Willis is expected to preview the case that she is planning to bring against the 19 co-defendants, getting on the public record some of her evidence and legal arguments for why Trump and his allies broke the law when pressuring Georgia election officials to meddle with the 2020 results.

    Georgia Secretary of State Brad Raffensperger, who received the January 2021 call from Trump to “find” the votes that would reverse his loss, has been subpoenaed to testify, along with an investigator in his office and two other lawyers who were present on the call.

    Here’s what to watch for:

    Meadows is one of several defendants who have filed to move their cases from Georgia state court to federal court, and Trump is expected to file a similar motion.

    Several defendants who have filed similar removal notices, including ex-Georgia Republican Party chair David Shafer and Cathy Latham, who served as a fake elector, have argued they were acting at Trump’s direction.

    Meadows is arguing that the charges against him in Georgia should be dismissed under a federal immunity claim extended, in certain contexts, to individuals who are prosecuted or sued for alleged conduct that was done on behalf of the US government or was tied to their federal position.

    While he may still face an uphill battle to move his case, Meadows is “uniquely situated” in Willis’ case, said Steve Vladeck, a CNN analyst and professor at the University of Texas School of Law.

    “Folks should be wary of this being a bellwether,” Vladeck said, describing the dispute instead as an “opening salvo in what is going to be a long and complicated series of procedural fights.”

    If US District Judge Steve Jones grants Meadows’ or another defendant’s request to move the prosecution to federal court, it does not ultimately doom Willis’ case.

    For one, it is not clear whether Meadows’ co-defendants would join him in the federal forum, and even if the judge accepts Meadows’ claim that his case should play out in federal court, it does not mean that Jones will buy Meadows’ arguments that the charges against him should be dismissed.

    For instance, in Trump’s New York case, in which he was charged by the Manhattan district attorney with 34 counts of falsifying business records, a federal judge rejected the former president’s bid to move the case to federal court.

    US law allows defendants in state civil suits or criminal cases to seek to move those proceedings to federal court if those defendants face charges based on conduct they carried out “under color” of the federal government.

    While such proceedings are not uncommon in civil lawsuits against current and former federal officials, they are extremely rare in criminal cases, legal experts told CNN, meaning Jones will be navigating in uncertain legal territory.

    “This is just that rare case where there is just not a lot of law,” Vladeck said.

    Meadows is arguing that under the Constitution’s Supremacy Clause, the federal court should dismiss the charges against him, because the conduct underlying the charges was conducted as part of his duties as a close White House adviser to Trump.

    “If Mr. Meadows had absented himself from Oval Office meetings or refused to arrange meetings or calls between the President and governmental leaders, that would have affected his ability to provide the close and confidential advice that a Chief of Staff is supposed to provide,” Meadows’ lawyers wrote in a court filing.

    Beyond Meadows’ participation on the Raffensperger call, Willis has also highlighted as alleged acts in the racketeering conspiracy his surprise visit to an Atlanta election audit and a request Meadows and Trump are said to have made to a White House official to compile a memo on how to disrupt the January 6, 2021, election certification vote in Congress.

    “In order to prevail, Meadows has to convince the court that when he was banging on the audit door he wasn’t representing the private interests of Donald Trump,” said Lee Kovarsky, a University of Texas law professor and expert in the removal statute.

    Willis, in her response to Meadows’ filings, is leaning on a federal law known as the Hatch Act, which prohibits government officials from using their federal office to engage in political activity, including campaign-oriented conduct. She argues Meadows’ involvement in the pressure campaign on Georgia election officials is clearly conduct he was not allowed to engage in as a federal officer, and therefore he is not entitled to the federal immunity defense.

    The Hatch Act framing is a “nice way of illustrating that he was acting outside the scope of his official duties,” Kovarsky said, adding that Willis will not have to prove that Meadows violated the federal statute to be successful in the argument.

    Willis’ filings in the dispute also appear to be a shot across the bow at Trump and any attempt he could make with similar claims.

    “An evaluation of the actions named in the indictment makes clear that all of them were intended to ‘interfere with or affect’ the presidential election in Georgia and elsewhere in order to somehow transform Mr. Trump from an unsuccessful candidate into a successful one,” the district attorney’s office said. “The activities are precisely the type which other courts have already determined to be ‘unofficial’ and therefore beyond the color of the defendant’s office.”

    Key witnesses potentially taking the stand

    Jones, a Barack Obama appointee, has shown that he would like to avoid a circus while also not giving short shrift to Meadows’ arguments, Vladeck said. The orders the judge has already issued have hewed tightly to the relevant statutes and case law, and he has moved the proceedings along efficiently.

    The judge is “by the book, which includes quickly and quietly,” Vladeck said.

    Still, the hearing could feature some revelatory moments, as Willis appears to be preparing to put on the stand several witnesses to the pressure campaign Trump and Meadows are accused of applying to Georgia election officials.

    In addition to Raffensperger, Willis subpoenaed Frances Watson, who was chief investigator in the Georgia secretary of state’s office. According to the grand jury indictment, Meadows arranged a call between Trump and Watson, and texted Watson himself to offer Trump campaign funding toward speeding up a ballot review in Fulton County.

    Willis also subpoenaed two lawyers who were on the Trump-Raffensperger phone call on Trump’s behalf: Kurt Hilbert and Alex Kaufman.

    “The central question is: Were Meadows and Trump acting in the context of … their federal positions, or were they just candidates for office or campaign staff acting in the state of Georgia?” said Elliot Williams, a CNN legal analyst and former Justice Department official. “Raffensperger will come to testify as to, ‘Maybe I actually think these guys were acting on behalf of the campaign, not the presidency.’”

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  • Who is Steve Jones, the judge who’ll decide whether to move Fulton County defendants’ cases to federal court? | CNN Politics

    Who is Steve Jones, the judge who’ll decide whether to move Fulton County defendants’ cases to federal court? | CNN Politics

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    CNN
     — 

    Federal district Judge Steve Jones of the Northern District of Georgia will hear requests from three of the 19 defendants hoping to move their Georgia election subversion cases out of state court.

    The group, which includes former Trump White House chief of staff Mark Meadows, is trying to get the case dismissed under federal law – a determination that may impact Fulton County District Attorney Fani Willis’ case against former President Donald Trump and others. Meadows and others will present evidence about whether to move the case, while the judge has allowed the state court case to proceed in the meantime.

    Jones, a Barack Obama appointee, was confirmed by the US Senate in 2011 by a 90-0 vote. A former Superior Court judge, he grew up in Athens, Georgia, and graduated from the University of Georgia School of Law in 1987.

    So far, Jones has shown that he would like to avoid a circus while not giving short shrift to Meadows’ arguments, said Steve Vladeck, a CNN Supreme Court analyst and professor at the University of Texas School of Law. The orders Jones has already issued have hewed tightly to the relevant statutes and case law, and he has moved the proceedings along very efficiently.

    Jones is “by the book, which includes quickly and quietly,” Vladeck said.

    Jones has overseen high-profile cases before.

    In July, he declined to toss three lawsuits claiming that Georgia’s congressional and legislative districts were drawn in a way that discriminates against Black voters. He slated a trial on the matter for September.

    In 2020, Jones blocked the state’s six-week abortion ban, which later took effect after the Supreme Court overturned Roe v. Wade. In 2019, he rejected an attempt by a voting rights group to restore to the rolls 98,000 Georgia voters who had been removed after being classified as “inactive” after a new state law took effect.

    In that case, Jones found that the 11th Amendment of the Constitution and the principles of sovereign immunity “do not permit a federal court to enjoin a state (or its officers) to follow a federal court’s interpretation of the State of Georgia’s laws.” Jones also determined that the group, Fair Fight Action, failed to show that its claim had a substantial likelihood of success.

    Next, Jones will weigh movement in the case in which Trump is accused of being the head of a “criminal enterprise” that was part of a broad conspiracy to overturn his electoral defeat in Georgia. Trump, who faces 13 charges, is also expected to try to move the case to federal court, according to multiple sources familiar with his legal team’s thinking.

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  • 2 Trump co-defendants ask judge to break apart Georgia election interference case and hold separate trials | CNN Politics

    2 Trump co-defendants ask judge to break apart Georgia election interference case and hold separate trials | CNN Politics

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    CNN
     — 

    Two Trump co-defendants in Georgia who requested speedy trials asked a judge Wednesday to formally separate their cases from the sprawling overall indictment, a move that would undercut Fulton County District Attorney Fani Willis’ attempt to hold one massive trial for all 19 defendants in the election interference case.

    Former Trump campaign lawyer Sidney Powell and pro-Trump lawyer Kenneth Chesebro separately asked the judge overseeing the case to “sever” their trials from the other defendants. If granted, this would break apart the case and allow their cases to go to trial as soon as October.

    These are the first attempts in court by former President Donald Trump’s co-defendants to break apart the case. The motions filed Wednesday are part of the increasingly convoluted pretrial wrangling among Trump, his 18 co-defendants and Willis, who wants a trial for all 19 defendants to occur in October.

    Powell and Chesebro, who both deny wrongdoing in the case, already invoked their right to a speedy trial, which would need to begin before early November, per Georgia law. Fulton County Judge Scott McAfee ordered Chesebro’s trial to begin October 23. Powell’s request is pending. Trump wants to slow things down and opposes that timeline.

    Trump’s lawyers have also said they want to sever his case from the other defendants but haven’t yet filed a motion in court.

    Raskin: Trump could learn from early Georgia trials

    In the filing, Powell’s attorneys also argued that she “did not represent President Trump or the Trump campaign” related to the 2020 election because she never had an “engagement agreement” with either.

    “She appears on no pleadings for Trump or the Campaign,” Powell’s attorneys wrote. “She appeared in no courtrooms or hearings for Trump or the Campaign. She had no contact with most of her purported conspirators and rarely agreed with those she knew or spoke with.”

    Despite these assertions, Trump publicly announced in mid-November 2020 that he “added” Powell to his “truly great team” of lawyers working on the election. One week later – after she promoted wild conspiracy theories that millions of votes were flipped as part of an international anti-Trump scheme – the Trump campaign dropped her from the legal team and said she was “practicing law on her own.”

    In an effort to distance Powell from the other Trump lawyers charged in the Georgia case, her attorneys pointed out that she “went her own way” after the 2020 presidential election and that “many of her purported coconspirators publicly shunned and disparaged Ms. Powell beginning in November 2020.”

    In the filing, Powell’s attorneys also lauded her legal career and her commitment to “integrity” and “the rule of law.” They also amplified the debunked right-wing claim that her former client, retired Gen. Michael Flynn, was the victim of “charges completely concocted against him by a politicized FBI.”

    Kenneth Chesebro Jan 6

    CNN reveals where accused Trump co-conspirator was on Jan. 6

    Additionally on Wednesday, Chesebro’s attorneys asked the judge to force Willis to “disclose” the identities of the 30 unindicted co-conspirators named in the indictment. Chesebro, who was the architect of the Trump campaign’s fake electors plot, said he needs these names to help his defense.

    Earlier this month, after the indictment was filed, CNN published a report identifying many of the unindicted co-conspirators based on public information that matches what was in the indictment.

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  • The latest on Donald Trump’s many legal clouds | CNN Politics

    The latest on Donald Trump’s many legal clouds | CNN Politics

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    CNN
     — 

    Former President Donald Trump has been campaigning in between his many different court appearances for much of the year.

    But his decision to attend the first day of his $250 million civil fraud trial in New York created another opportunity to appear on camera from inside a courtroom when the judge allowed photographers to document the moment before proceedings got underway.

    Keeping track of the dizzying array of civil and criminal cases is a full-time job.

    He is charged with crimes related to conduct:

    • Before his presidency – a hush money scheme that may have helped him win the White House in 2016.
    • During his presidency – his effort to stay in the White House by overturning the 2020 election.
    • After his presidency – his treatment of classified material and alleged attempts to hide it from the National Archives.

    Trump denies any wrongdoing and has pleaded not guilty in all of the criminal cases. He alleges a “witch hunt” against him. But each trial has its own distinct storyline to follow.

    Here’s an updated list of developments in Trump’s very complicated set of court cases, beginning with the one playing out in Manhattan this week.

    The civil fraud trial, unlike Trump’s multiple criminal indictments, does not carry the danger of a felony conviction and jail time, but it could very well cost him some of his most prized possessions, including Trump Tower.

    New York Attorney General Letitia James brought the $250 million lawsuit in September 2022, alleging that Trump and his co-defendants committed repeated fraud in inflating assets on financial statements to get better terms on commercial real estate loans and insurance policies.

    Judge Arthur Engoron has already ruled that Trump and his adult sons are liable for fraud for inflating the value of his golf courses, hotels and homes on financial statements to secure loans.

    The trial portion of the case, playing out in court in Manhattan, will assess what damages will be levied against Trump and how Engoron’s decision to strip Trump of his New York business licenses will play out.

    In May, a federal jury in Manhattan found Trump sexually abused former advice columnist E. Jean Carroll in a luxury department store dressing room in the mid-1990s and awarded her about $5 million.

    A separate civil defamation lawsuit will only need to decide how much money Trump has to pay her. That case for January 15 – the same day Iowa Republicans will hold their caucuses, the first date on the presidential primary calendar.

    In August, Trump was indicted by a federal grand jury in special counsel Jack Smith’s investigation into the aftermath of the 2020 election. The former president was arraigned in a Washington, DC, courtroom, where he pleaded not guilty.

    The case is based in part on a scheme to create slates of fake electors in key states won by President Joe Biden.

    In late September, Judge Tanya Chutkan rejected Trump’s request that she recuse herself from the case. Chutkan, a Barack Obama appointee, has overseen civil and criminal cases related to the January 6, 2021, insurrection and has repeatedly exceeded what prosecutors have requested for convicted rioters’ prison sentences.

    Chutkan set the trial’s start date for March 4, 2024, the day before Super Tuesday, when the largest batch of presidential primaries will occur. The trial marks the first of Trump’s criminal cases expected to proceed.

    Trump has been charged in Manhattan criminal court with 34 felony counts of falsifying business records related to his role in a hush money payment scheme involving adult film actress Stormy Daniels late in the 2016 presidential campaign.

    The former president pleaded not guilty at his April arraignment in Manhattan.

    Prosecutors, led by Manhattan District Attorney Alvin Bragg, accuse Trump of falsifying business records with the intent to conceal $130,000 in payments to Daniels made by former Trump attorney and fixer Michael Cohen to guarantee her silence about an alleged affair.

    Trump has denied having an affair with Daniels.

    The trial was originally scheduled to begin in late March 2024, but Judge Juan Merchan has suggested the date could move. The next court date is scheduled for February.

    Fulton County District Attorney Fani Willis is using racketeering violations to charge a broad criminal conspiracy against Trump and 18 others in their efforts to overturn Biden’s victory in Georgia.

    The probe was launched in 2021 following Trump’s call that January with Georgia Secretary of State Brad Raffensperger, in which the president pushed the Republican official to “find” votes to overturn the election results.

    The August indictment also includes how Trump’s team allegedly misled state officials in Georgia; organized fake electors; harassed an election worker; and breached election equipment in rural Coffee County, Georgia.

    One co-defendant, bail bondsman Scott Hall, has pleaded guilty to five counts in the case.

    Fulton County prosecutors have signaled they could offer plea deals to other co-defendants.

    Willis this week issued a subpoena to former New York City Police Commissioner Bernard Kerik, a Trump ally, who in turn demanded an immunity deal in exchange for testimony.

    Trial for two co-defendants is expected to begin this month and could last three to five months. A trial date has not been set for Trump, who has pleaded not guilty.

    Federal criminal court in Florida: Mishandling classified material

    Trump has pleaded not guilty to 37 federal charges brought by Smith over his alleged mishandling of classified documents. Smith added three additional counts in a superseding indictment.

    The investigation centers on sensitive documents that Trump brought to his Mar-a-Lago residence in Florida after his White House term ended in January 2021.

    The National Archives, charged with collecting and sorting presidential material, has previously said that at least 15 boxes of White House records were recovered from Mar-a-Lago, including some classified records.

    Trump was also caught on tape in a 2021 meeting in Bedminster, New Jersey, where the former president discussed holding secret documents he did not declassify.

    Smith’s additional charges allege that Trump and his employees attempted to delete Mar-a-Lago security footage sought by the grand jury investigating the mishandling of the records.

    Trial is not expected until May, after most presidential primaries have concluded.

    There are other cases to note:

    Trump’s namesake business, the Trump Organization, was convicted in December by a New York jury of tax fraud, grand larceny and falsifying business records in what prosecutors say was a 15-year scheme to defraud tax authorities by failing to report and pay taxes on compensation provided to employees.

    Manhattan prosecutors told a jury the case was about “greed and cheating,” laying out a scheme within the Trump Organization to pay high-level executives in perks such as luxury cars and apartments without paying taxes on them.

    Former Trump Organization Chief Financial Officer Allen Weisselberg pleaded guilty to his role in the tax scheme. He was released after serving four months in jail at Rikers Island.

    Several members of the US Capitol Police and Washington, DC, Metropolitan Police are suing Trump, saying his words and actions incited the 2021 riot.

    The various cases accuse Trump of directing assault and battery; aiding and abetting assault and battery; and violating Washington laws that prohibit the incitement of riots and disorderly conduct.

    In August, Trump requested to put on hold the lawsuit related to the death of Capitol Police Officer Brian Sicknick, citing his various criminal trials. The estate of Sicknick, who died after responding to the attack on the Capitol, is suing two rioters involved in the attack and Trump for his alleged role in egging it on.

    Other lawsuits have been put on hold while a federal appeals court considers whether Trump had absolute immunity as the sitting president.

    Former top FBI counterintelligence official Peter Strzok, who was fired in 2018 after the revelation that he criticized Trump in text messages, sued the Justice Department, alleging he was terminated improperly.

    In summer 2017, former special counsel Robert Mueller removed Strzok from his team investigating Russian interference in the 2016 election after an internal investigation revealed texts with former FBI lawyer Lisa Page that could be read as exhibiting political bias.

    Strzok and Page were constant targets of verbal attacks by Trump and his allies, part of the larger ire the then-president expressed toward the FBI during the Russia investigation. Trump repeatedly and publicly called for Strzok’s ouster until he was fired in August 2018.

    Trump is set to be deposed this month as part of the case, according to Politico.

    A federal judge dismissed Trump’s lawsuit against Hillary Clinton, the Democratic National Committee, several ex-FBI officials and more than two dozen other people and entities that he claims conspired to undermine his 2016 campaign with fabricated information tying him to Russia.

    “What (Trump’s lawsuit) lacks in substance and legal support it seeks to substitute with length, hyperbole, and the settling of scores and grievances,” US District Judge Donald Middlebrooks wrote.

    Trump appealed the decision, but Middlebrooks also ruled that the former president and his attorneys are liable for nearly $1 million in sanctions for bringing the case.

    Trump launched a Hail Mary bid in July to revive the sprawling lawsuit, relying on a recent report from special counsel John Durham that criticized the FBI’s Trump-Russia probe.

    Trump’s former lawyer Cohen sued Trump, former Attorney General William Barr and others, alleging they put him back in jail to prevent him from promoting his upcoming book while under home confinement.

    Cohen was serving the remainder of his sentence for lying to Congress and campaign violations at home, due to Covid-19 concerns, when he started an anti-Trump social media campaign in summer 2020. Cohen said that he was sent back to prison in retaliation and that he spent 16 days in solitary confinement.

    A federal judge threw out the lawsuit in November. District Judge Lewis Liman said he was empathetic to Cohen’s position but that Supreme Court precedent bars him from allowing the case to move forward.

    Trump sued journalist Bob Woodward in January for alleged copyright violations, claiming Woodward released audio from their interviews without Trump’s consent.

    Woodward and publisher Simon & Schuster said Trump’s case is without merit and moved for its dismissal.

    Woodward conducted several interviews with Trump for his book “Rage,” published in September 2020. Woodward later released “The Trump Tapes,” an audiobook featuring eight hours of raw interviews with Trump interspersed with the author’s commentary.

    Trump-filed lawsuits: The New York Times, Mary Trump and CNN

    The former president is suing his niece and The New York Times in New York state court over the disclosure of his tax information.

    A New York judge dismissed The New York Times from Trump’s lawsuit regarding disclosure of his tax returns and ordered Trump to pay the newspaper’s legal fees. Trump is still suing his niece Mary Trump for disclosure of the tax documents. She had tried to sue him for defrauding her out of millions after the death of his father, but the suit was dismissed.

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