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Former President Donald Trump is charged with 34 felony counts of falsifying business records in connection with a scheme that directed hush money payments to two women before the 2016 presidential election.
The 16-page indictment against Trump was unsealed Tuesday as he became the first former U.S. president ever to be arraigned on criminal charges.
“Not guilty,” Trump said from his seat to Judge Juan Merchan during the hearing in Manhattan Supreme Court.
The indictment says those payments were part of a broader scheme to suppress claims by the women, porn star Stormy Daniels and Playboy model Karen McDougal, that they had sex with Trump, in a bid to keep their stories from affecting Trump’s chances against Democrat Hillary Clinton in the 2016 election.
Follow CNBC.com‘s live coverage of former President Donald Trump’s surrender and arraignment at the Manhattan criminal courthouse.
Prosecutors also said a Trump-friendly publishing company, American Media Inc., paid $30,000 to a former Trump Tower doorman who claimed to have a story about Trump fathering a child out of wedlock.
All three payments were part of an alleged “catch and kill” effort by Trump and others, among them then-AMI chief David Pecker, from August 2015 to December 2017 “to identify, purchase, and bury negative information about him and boost his electoral prospects,” prosecutors said.
Manhattan District Attorney Alvin Bragg at a press conference said each of the false statements in business records, which related to the payment to Daniels, were done to cover up other crimes related to the 2016 election.
Those crimes included violations of New York state election law, and false statements to tax authorities, he said. Falsifying business records can be charged as a misdemeanor, but it also can be charged as a felony if done to cover up another crime.
Merchan scheduled the next hearing in the case for Dec. 4. It is possible that the criminal case will not be resolved before the 2024 presidential election, where Trump is seeking the Republican nomination.
Bragg in a statement said, “The People of the State of New York allege that Donald J. Trump repeatedly and fraudulently falsified New York business records to conceal crimes that hid damaging information from the voting public during the 2016 presidential election.”
“Manhattan is home to the country’s most significant business market. We cannot allow New York businesses to manipulate their records to cover up criminal conduct,” Bragg said.
A prosecutor told the judge that the DA’s office was concerned about comments Trump has made on social media that could threaten the DA’s office and the city.
That included one post depicting Trump wielding a bat over the head of District Attorney Alvin Bragg.
The judge said that he was taking the harsh rhetoric by Trump about the case very seriously.
One of Trump’s lawyers, Todd Blanche, told Merchan that Trump has spoken forcefully, but that he was within his rights to do so.
Before the arraignment, Trump’s son, Donald Trump Jr., posted a photo on Trump’s Truth Social site of Merchan’s daughter, who according to a Breitbart news article worked on the election campaign of President Joe Biden.
“Seems relevant,” the younger Trump wrote. “The BS never ends folks.”
Daniels received $130,000 from Trump’s then-lawyer and fixer Michael Cohen at Trump’s direction, 12 days before the 2016 election. Daniels, whose legal name is Stephanie Clifford, says she had sex with Trump one time in 2006, several months after his wife Melania Trump gave birth to their son Barron.
Trump later reimbursed Cohen with a series of monthly checks, 11 in total. The checks first were issued by the Donald J. Trump Revocable Trust, while later ones came from Trump’s bank account, prosecutors said.
Nine of the checks were signed by Trump, and “Each check was processed by the Trump Organization and illegally disguised as a payment for legal services rendered pursuant to a non-existent retainer agreement” with Cohen.
Former U.S. President Donald Trump appears in court with his lawyer Joe Tacopina for an arraignment on charges stemming from his indictment by a Manhattan grand jury following a probe into hush money paid to porn star Stormy Daniels, in New York City, U.S., April 4, 2023.
Andrew Kelly | Reuters
McDougal received $150,000 from AMI, the publisher of The National Enquirer, the supermarket tabloid that was allied with Trump. McDougal has said she had a long-term affair with Trump that began in 2006.
Trump denies having sex with either Daniels or McDougal.
Cohen pleaded guilty in 2018 to federal crimes, two of which were campaign finance violations for facilitating the payments to both Daniels and McDougal.
The grand jury indicted Trump on Thursday. The charging document had remained sealed since then.
The grand jury began hearing testimony in the case in late January.
News of the proceedings came as a surprise, since a former prosecutor in the district attorney’s office last year had suggested the investigation into Trump was all but dead after Bragg declined to seek an indictment against Trump in connection with allegedly false financial statements involving real estate assets.
Trump separately is under criminal investigation by the Department of Justice and a state prosecutor in Georgia for efforts to reverse his 2020 election loss to President Joe Biden.
The DOJ also is probing Trump for retaining government records after leaving the White House and for possible obstruction of justice.
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Those eager to know more about the charges against former President Donald Trump will have to be in the packed courtroom for his arraignment on Tuesday or wait a little longer for the Manhattan District Attorney’s Office to release the indictment after a judge ruled Monday that video of the proceedings would not be allowed.
Several media organizations, including CBS News, had petitioned to allow video and photo coverage of Trump’s arraignment, but New York has one of the strictest policies in the country against cameras in the courtroom, according to The Fund for Modern Courts, a nonpartisan nonprofit.
Judge Juan Merchan ruled that five photographers would be allowed in the courtroom before the arraignment begins to take still photos “for several minutes.” After that, “No further photography will be permitted in the courtroom.” Electronic devices, including cell phones and laptops, will also not be permitted.
Cameras will be allowed in the hallways of the courthouse, Merchan ruled.
Trump’s legal team wanted cameras kept out of the courtroom, saying they would “create a circus-like atmosphere,” “raise unique security concerns” and are “inconsistent with President Trump’s presumption of innocence.”
“This case presents extraordinary security concerns (including Secret Service-related concerns) and we submit that any video or photography of the proceedings will only heighten these serious concerns,” Trump’s attorneys wrote to Merchan on Monday.
The attorneys also said that any video or photography of the proceedings “will detract from both the dignity and decorum of the proceedings” and “interfere with the fair administration of justice.”
The Manhattan District Attorney’s Office, which is prosecuting Trump, did not take a position on whether cameras should be allowed in the courtroom in its own letter to Merchan on Monday. But the letter noted that New York’s highest court has upheld the constitutionality of the law prohibiting audio and visual coverage of most courtroom proceedings.
“It would thus be a defensible exercise of the Court’s discretion to exclude or restrict videography, photography, and radio coverage of the arraignment in the interest of avoiding potential prejudice to the defendant, maintaining an orderly proceeding, assuring the safety of the participants in the proceeding, or for other reasons within the Court’s broad authority to manage and control these proceedings,” assistant District Attorney Matthew Colangelo wrote.
Colangelo also noted that Merchan allowed photography before the start of proceedings in another high-profile case against the Trump Organization.
A grand jury voted last week to indict Trump in a case related to payments made to porn star Stormy Daniels ahead of the 2016 presidential election.
—Matt Mosk and Nick Poser contributed.
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A New York grand jury investigating the circumstances surrounding a “hush money” payment to adult film star Stormy Daniels in 2016 has voted to indict Donald Trump, making him the first former president in U.S. history to face criminal charges.
Manhattan District Attorney Alvin Bragg’s office confirmed the indictment in a statement on Thursday and said it had reached out to Trump’s attorney to arrange his surrender. The specific charge or charges have not yet been made public and the indictment remains under seal. Bragg’s office said more guidance would be provided “when the arraignment date is selected.”
At 12:30 a.m. Friday, one of Trump’s attorneys, Joseph Tacopina, told CBS News via text that Trump’s legal team expects him to surrender to authorities “likely Tuesday,” following discussions with the Manhattan DA’s office until late Thursday night.
Two sources familiar with the matter told CBS News the plan is for the former president to fly to New York Monday and be arraigned before Judge Juan Merchan the next day. The proceeding is expected to be brief. The charge or charges in the indictment would be read to him at that time. The sources noted that the planning is fluid and the date could change.
In a statement responding to news of his indictment, the former president called it “Political Persecution and Election Interference at the highest level in history,” and accused Democrats of “weaponizing our justice system to punish a political opponent, who just so happens to be a President of the United States.”
“The Democrats have lied, cheated and stolen in their obsession with trying to ‘Get Trump,’ but now they’ve done the unthinkable — indicting a completely innocent person in an act of blatant Election Interference,” Trump said.
Two Trump attorneys, Tacopina and Susan Necheles, issued a statement saying that the former president “did not commit any crime” and vowed to “vigorously fight this political prosecution in Court.”
The case stems from a payment made just days before Trump was elected president in 2016. His former attorney, Michael Cohen, arranged a wire transfer of $130,000 to Daniels in exchange for her silence about an alleged affair. Prosecutors were believed to be investigating potential falsification of business records related to reimbursements made to Cohen. Trump has denied having a sexual encounter with Daniels, and vehemently denied wrongdoing in this case.
Cohen met repeatedly with prosecutors and testified before the grand jury in this case for five hours over two days in March. He served time in a federal prison after entering a guilty plea in 2018 to tax evasion and campaign-finance violations in connection with the payment to Daniels.
After news of the indictment broke on Thursday evening, NYPD officers were out in full force at the Manhattan criminal courthouse, where a few scattered protesters gathered. All NYPD officers have been ordered to be in full uniform and ready to deploy Friday, CBS News has learned.
The indictment comes as Trump faces legal hurdles in other potential criminal cases. In Fulton County, Georgia, District Attorney Fani Willis is mulling charges in an investigation into alleged efforts by Trump and more than a dozen of his allies to undermine the state’s results in the 2020 election, which he lost to President Biden. A special purpose grand jury conducted a six-month probe last year and delivered a report with its findings to Willis in January. The majority of that report was ordered sealed, at least until charging decisions are made.
In Washington, D.C., special counsel Jack Smith is overseeing two Justice Department investigations into alleged efforts to interfere with the lawful transfer of power following the 2020 presidential election, and Trump’s handling of sensitive government documents found at his Mar-a-Lago home and possible obstruction of efforts to retrieve them.
The White House declined to comment on news of the indictment.
Matthew Mosk, Pat Milton and Kathryn Watson contributed to this report.
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Donald Trump was indicted by a Manhattan grand jury Thursday in a case involving hush-money payments to a porn star who said she’d had a sexual encounter with the former president. What will this mean for Trump’s plans to again seek the White House? As Trump presses ahead with his 2024 campaign, here are a few questions and answers about possible criminal charges from the Manhattan district attorney, Democrat Alvin Bragg, and their effects.
Question: Can an indicted person run for president?
Answer: Yes. There’s nothing in the Constitution preventing it. Article II, Section 1, of the Constitution doesn’t mention criminal records. The only requirements to run are being a natural-born citizen at least 35 years old and resident in the U.S. for 14 years.
“ Not only can an indicted person run for president, but a convicted one can, too, legal experts say. ”
Not only can an indicted person run for president, but a convicted one can, too, legal experts say. “There’s nothing in the Constitution disqualifying individuals convicted of crimes from running for or serving as president,” ABC News legal analyst Kate Shaw told the network.
Were Trump to be convicted of a felony, however, he likely could not vote for himself — 48 states ban people with felony convictions from voting, according to advocacy group the Sentencing Project.
From the archives (July 2020): Supreme Court deals setback to Florida felon voting rights
Also see (May 2021): Florida’s DeSantis signs Republican voting bill that Democrats and critics call un-American; bill signing staged as ‘Fox & Friends’ exclusive
Q.: What has Trump said about a possible indictment’s effect on his campaign?
A.: “I wouldn’t even think about leaving,” he told reporters ahead of his speech at this year’s Conservative Political Action Conference. “Probably it will enhance my numbers.” Trump has said he did nothing wrong.
Trump in mid-March said he could be arrested in the coming days, encouraged his supporters to protest and wrote on social media, “TAKE OUR NATION BACK!”
Bragg, in response, told his staff that the office won’t be intimidated or deterred as it nears a decision on charging the former president.
Q.: What have Trump’s rivals for the GOP nomination, or other Republican politicians, said about an indictment?
A.: In a tweet Thursday, Florida Gov. Ron DeSantis, who is expected to announce his bid for the GOP presidential nomination, called the indictment “un-American” and accused the Manhattan D.A. of having a political agenda. DeSantis added that Florida would not cooperate in an extradition request.
House Speaker Kevin McCarthy said “the House of Representatives will hold [Manhattan D.A.] Alvin Bragg and his unprecedented abuse of power to account,” while Rep. Jim Jordan, R-Ohio, who has called for a probe into the Manhattan D.A.’s investigation, tweeted a single word Thursday: “Outrageous.”
Q.: What would a Trump arrest actually look like?
A.: It’s standard for defendants arrested on felony charges to be handcuffed — but it’s unclear whether an exception would be made for Trump due to his status, the New York Times reported. The former president would likely be released on his own recognizance, the Times said, because an indictment likely would contain only nonviolent felony charges. But he would be fingerprinted and photographed.
Q.: Is Bragg’s the only investigation Trump is facing?
A.: No. Besides the Manhattan district attorney’s case, Trump is facing another in Fulton County, Ga., and two federal probes led by special prosecutor Jack Smith. The Georgia probe centers on efforts by Trump and his allies to overturn that state’s 2020 election result. Smith’s investigations concern Trump’s handling of classified material after he left office, and the ex-president’s involvement in the Jan. 6 attack on the U.S. Capitol.
So Trump could be in for more charges depending on the results of those investigations.
Q.: Could something else prevent Trump from being president?
A.: The 14th Amendment bars anyone from public office who, “having previously taken an oath” to support the Constitution, “engaged in insurrection or rebellion” or gave “aid or comfort” to enemies of the U.S. Late last year, a group of 40 House Democrats introduced legislation to bar Trump from holding office, and invoked the 14th Amendment, with Rep. David Cicilline saying the ex-president “very clearly” engaged in an insurrection on Jan. 6, 2021. Trump has denied wrongdoing.
Now read: Who is Alvin Bragg, the Manhattan DA who may be set to bring charges against Donald Trump?
Also see: Here are the Republicans running for president — or seen as potential 2024 candidates
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Turns out the pandemic hasn’t permanently dissuaded people — especially immigrants — from seeking their fortunes amid Manhattan’s bustling streets.
The county that encompasses Manhattan added more than 17,000 residents in the year ending last July after losing almost 111,000 people in the previous 12-month period, according to population estimates released Thursday by the U.S. Census Bureau. The earlier decline was among the worst urban population losses from the COVID-19 outbreak.
New York County was among several large, urban U.S. counties that either gained residents or stemmed the rate of declines between July 2021 and July 2022 compared with a year earlier.
The reversal in population losses was particularly notable in King County, Washington, home to Seattle; as well as in large Sunbelt counties such as Dallas County, Texas; and two South Florida counties, Miami-Dade and Broward. The locations all had something in common: international immigration led the gains.
“I wasn’t expecting this quick of a bounce back for some cities and urban areas. It’s not a full recovery from before the pandemic but moving in the right direction,” demographer William Frey, of the Brookings Institution’s metropolitan policy program, Brookings Metro, said Thursday.
Population change is driven by migration, both within U.S. borders as people move around, and international trends as people arrive from abroad. It also depends on whether births outpace deaths, or vice versa.
Maricopa County, Arizona, home to Phoenix, had the biggest gain of any U.S. county, with almost 57,000 new residents last year. Domestic migration was primarily responsible. Harris County, Texas, home to Houston, followed with more than 45,000 new residents and international arrivals and natural increases propelling that growth; 20,000 residents left. Collin County, a northern suburb of Dallas, ranked third in rising population, with more than 44,000 new residents who primarily came from other U.S. counties.
Los Angeles County, the most populous in the U.S. with 9.7 million people, lost the most residents last year, more than 90,000, as Angelenos moved elsewhere. One bright spot: The loss from domestic migration was 20% less than the previous year. The next biggest population loss was in Cook County, Illinois, home to Chicago, and the nation’s second most populous county. That change was also driven by people leaving.
Several San Francisco and San Jose-area counties that saw populations dramatically wane from July 2020 to July 2021 — primarily due to tech workers working remotely — had significantly smaller declines in 2022.
The counties with the biggest influx of international immigration last year were Miami-Dade County, Florida; Harris County, Texas; and Los Angeles County.
Harris County, Los Angeles County and Dallas County had the biggest natural increases. Three Florida counties — Pinellas, Sarasota and Volusia — led the U.S. in natural decreases attributed to deaths outpacing births. Florida’s median age of 42.7 is one of the highest in the nation.
The growth in Manhattan’s New York County was propelled by international migration, and to a lesser extent by domestic migration and births outpacing deaths. It came despite rising Manhattan rents and coincided with many businesses’ partial return to their offices, which ended some opportunities for remote work.
“There was a flood of people coming back into the city once the pandemic started easing up and that pushed rents up,” said Daniel Akerman, a New York real estate agent. “People always want to live in Manhattan.”
All the population estimates rely on birth, death and migration data.
Despite the most recent gains, New York County was still running a population deficit of almost 98,000 residents as of last July when compared with April 2020, when COVID-19 spread quickly across the U.S. and the metropolitan area became an epicenter of the virus, spurring tens of thousands of residents to flee. Surrounding counties continued losing population last year. The three counties encompassing the Bronx, Brooklyn and Queens recorded among the biggest population declines in the U.S., with losses ranging from 40,000 to 50,000 residents.
“This is still not really a COVID recovery year. It’s only sort of a recovery,” City University of New York sociology professor emeritus Andrew Beveridge said Thursday. “They haven’t recouped.”
Several New Jersey counties near New York also experienced outflows last year. They included Hudson County, where the COVID-19 omicron variant closed preschools around Christmas 2021 and drove David Polonsky and his family to move temporarily to South Florida, near his parents. The move became permanent in 2022, as the family acclimated to being near relatives and because Polonsky and his wife could work their tech jobs remotely. They sold their home in Jersey City and purchased one in Palm Beach County, Florida.
Polonsky said he misses some things about the New York area, such as being able to walk places instead of driving, and getting a decent slice of pizza instead of mahi mahi, the fish ubiquitous on Florida menus.
“I love mahi mahi as much as the next person,” he said. “But there’s only so much mahi mahi you can eat.”
___
Follow Mike Schneider on Twitter at @MikeSchneiderAP
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Washington
CNN
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The chairmen of three House committees sent a letter Saturday to the Manhattan district attorney leading the probe into Donald Trump, doubling down on their efforts to intervene in the hush money investigation ahead of possible criminal charges against the former president.
The letter from the chairmen of the House Judiciary, Oversight and Administration committees to Manhattan District Attorney Alvin Bragg pushed back on his case against appearing for a transcribed interview with their panels and argued that they now feel compelled to consider whether Congress should take legislative action on three separate issues “to protect former and/or current Presidents from politically motivated prosecutions by state and local officials.”
The letter – written by Republicans Jim Jordan, James Comer and Bryan Steil – comes after they initially called on Bragg earlier this week to testify before their committees and criticized his investigation into Trump as an “unprecedented abuse of prosecutorial authority.”
Bragg is investigating Trump’s alleged role in a scheme to pay adult-film star Stormy Daniels before the 2016 presidential election to keep silent about an alleged affair with Trump a decade earlier. Trump has denied having an affair with Daniels.
Bragg’s general counsel had initially responded on Thursday, telling the House committee leaders that they lacked a “legitimate basis for congressional inquiry” and noting that their requests for information “only came after Donald Trump created a false expectation that he would be arrested the next day and his lawyers reportedly urged you to intervene.”
The chairmen claimed in Saturday’s letter that Bragg had not disputed “the central allegations at issue” — that his office is under “political pressure from left-wing activists and former prosecutors” and is “planning to use an alleged federal campaign finance violation, previously declined by federal prosecutors, as a vehicle to extend the statute of limitations on an otherwise misdemeanor offense and indict for the first time in history a former President of the United States.”
They argued that the potential criminal indictment of a former president and 2024 presidential candidate “implicates substantial federal interests, particularly in a jurisdiction where trial-level judges also are popularly elected.”
Bragg responded to the chairmen’s letter Saturday evening on Twitter, writing, “We evaluate cases in our jurisdiction based on the facts, the law, and the evidence. It is not appropriate for Congress to interfere with pending local investigations. This unprecedented inquiry by federal elected officials into an ongoing matter serves only to hinder, disrupt and undermine the legitimate work of our dedicated prosecutors. As always, we will continue to follow the facts and be guided by the rule of law in everything we do.”
Going further than they have before, Jordan, Comer and Steil wrote in the letter that they may choose to consider three areas of legislation, including broadening “the preemption provision in the Federal Election Campaign Act,” adding that such a measure could “have the effect of better delineating the prosecutorial authorities of federal and local officials in this area and blocking the selective or politicized enforcement by state and local prosecutors of campaign finance restrictions pertaining to federal elections.”
The second piece of legislation they may consider regards tying federal funds to improved metrics for public safety funds — a measure they say would be prompted by allegations that the Manhattan DA is using public safety funds for his investigation into Trump.
They also may consider a measure overhauling the authorities of special counsels and better delineating their relationships with other prosecuting entities, they said, arguing that the circumstances of the Trump investigation “stem, in part, from Special Counsel Mueller’s investigation.”
This story has been updated with a response from Manhattan District Attorney Alvin Bragg.
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NEW YORK (AP) — It was the stuff of novels: For years, a con artist plagued the publishing industry, impersonating editors and agents to pull off hundreds of literary heists. But the manuscripts obtained from high-profile authors were never resold or leaked, rendering the thefts all the more perplexing.
The Thursday sentencing of Filippo Bernardini in Manhattan federal court brought the saga to an end and, with it, finally some answers. After pleading guilty to one count of wire fraud in January, Bernardini was sentenced to time served, avoiding prison on a felony charge that carried up to 20 years in prison. Prosecutors had asked for a sentence of at least a year.
Bernardini, now 30, impersonated hundreds of people over the course of the scheme that began around August 2016 and obtained more than a thousand manuscripts, including from high-profile authors like Margaret Atwood and Ethan Hawke, authorities have said.
In an emotional, four-page letter to Judge Colleen McMahon submitted earlier this month, Bernardini apologized for what he characterized as his “egregious, stupid and wrong” actions. He also offered insight into his motivations, which had long stymied victims and observers alike even after his plea.
He described a deep love of books that stemmed from childhood and led him to pursue a publishing career in London. While he obtained an internship at a literary agency there, he wrote, he had trouble securing a full-time job in the industry afterward.
“While employed, I saw manuscripts being shared between editors, agents, and literary scouts or even with individuals outside the industry. So, I wondered: why can I not also get to read these manuscripts?” he recounted.
He spoofed an email address of someone he knew and mimicked his former colleagues’ tone to ask for a manuscript that had yet to be published. The success of that deception turned his quest for ill-gotten books into “an obsession, a compulsive behaviour.”
“I had a burning desire to feel like I was still one of these publishing professionals and read these new books,” he wrote.
“Every time an author sent me the manuscript I would feel like I was still part of the industry. At the time, I did not think about the harm I was causing,” he added. “I never wanted to and I never leaked these manuscripts. I wanted to keep them closely to my chest and be one of the fewest to cherish them before anyone else, before they ended up in bookshops.”
As part of a bid to avoid prison, Bernardini’s lawyers also submitted more than a dozen letters to the judge from his friends and family. In a novelistic twist of sorts, among them was a letter from a victim — writer Jesse Ball, the author of “Samedi the Deafness,” “Curfew” and “The Divers’ Game.”
Bernardini impersonated Ball’s editor to convince the writer to send several unpublished manuscripts, Ball said in his letter pushing for leniency. Decrying the state of the industry as “more and more corporate and cookiecutter” and referring to the crime as a “caper” and a “trivial thing, frivolous thing,” Ball argued that “we must be grateful when something human enters the picture: when the publishing industry for once becomes something worth writing about.”
“For once a person cared deeply about something—what matter that he was an interloper? You cannot imagine the soul crushing boredom of run-of-the-mill publishing correspondence,” Ball wrote, adding that he suffered no harm from the thefts other than some confusion. “I’m grateful that there is still room in the world for something facetious to occur now and then.”
In weighing arguments from the prosecution and defense, McMahon pushed back on the idea that the crime was victimless, with New York magazine’s Vulture — the publication that brought the mystery to public attention with a 2021 story called “The Spine Collector” — reporting that “she was especially moved by a letter from a literary scout” who had been accused of Bernardini’s crimes. Vulture also reported that McMahon expressed sympathy for Bernardini in light of a new autism diagnosis, but said it didn’t excuse the threats he made in some correspondence. But she concluded a prison sentence wouldn’t help the victims.
Bernardini — an Italian citizen and British resident who was arrested at John F. Kennedy International Airport in January 2022 — will be deported from the U.S. Court documents show he asked to be deported to the United Kingdom, where he lives with his partner and dog, with Italy as the designated alternative.
As part of his guilty plea, Bernardini agreed to pay $88,000 in restitution, which court documents show will go to Penguin Random House.
“The cruel irony is that every time I open a book,” Bernardini wrote of his one-time passion, “it reminds me of my wrongdoings and what they led me to.”
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A federal judge has sided with four publishers who sued an online archive over its unauthorized scanning of millions of copyrighted works and offering them for free to the public. Judge John G. Koeltl of U.S. District Court in Manhattan ruled that the Internet Archive was producing “derivative” works that required permission of the copyright holder.
The Archive was not transforming the books in question into something new, but simply scanning them and lending them as ebooks from its web site.
“An ebook recast from a print book is a paradigmatic example of a derivative work,” Koeltl wrote.
The Archive, which announced it would appeal Friday’s decision, has said its actions were protected by fair use laws and has long had a broader mission of making information widely available, a common factor in legal cases involving online copyright.
“Libraries are more than the customer service departments for corporate database products,” Internet Archive founder Brewster Kahle wrote in a blog post Friday. “For democracy to thrive at global scale, libraries must be able to sustain their historic role in society — owning, preserving, and lending books. This ruling is a blow for libraries, readers, and authors and we plan to appeal it.”
In June 2020, Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House sued in response to the Archive’s National Emergency Library, a broad expansion of its ebook lending service begun in the early weeks of the pandemic, when many physical libraries and bookstores had shut down. The publishers sought action against the emergency library and the archive’s older and more limited program, controlled digital lending (CDL). Works by Toni Morrison, J.D. Salinger and Terry Pratchett were among the copyrighted texts publishers cited as being made available.
While the Authors Guild was among those opposing the emergency library, some writers praised it. Historian Jill Lepore, in an essay published in March 2020 in The New Yorker, encouraged readers who couldn’t afford to buy books or otherwise were unable to find them during the pandemic to “please: sign up, log on, and borrow!” from the Internet Archive.
In a statement Friday, the head of the trade group the Association of American Publishers, praised the court decision as an “unequivocal affirmation of the Copyright Act and respect for established precedent.
“In rejecting convoluted arguments from the defendant, the Court has underscored the importance of authors, publishers, and lawful markets in a global society and global economy. Copying and distributing what is not yours is not innovative — or even difficult — but it is wrong,” said Maria Pallante, the association’s president and CEO.
The Internet Archive, founded in 1996, is a nonprofit “founded to build an Internet library, with the purpose of offering permanent access for researchers, historians, and scholars to historical collections that exist in digital format.” Unlike traditional libraries, it does not acquire books directly through licensing deals with publishers, but through purchases and donations. The archive also includes millions of movies, TV shows, videos, audio recordings and other materials.
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NEW YORK (AP) — Facing the possibility of criminal charges, Donald Trump waited it out in Florida on Tuesday as New York braced for disruptions that could follow an indictment. Republican contenders in the 2024 race sized up the impact a prosecution could have on a campaign in which the former president is a leading contender.
Trump over the weekend claimed without evidence that he would be arrested on Tuesday, but there was no indication that prediction would come true. A Manhattan grand jury did appear to take an important step forward on Monday by hearing from a witness favorable to Trump, presumably so prosecutors could ensure the panel had a chance to consider any testimony supporting his version of events.
The next steps were unclear, and it was uncertain if additional witnesses might be summoned. But a city mindful of the riot by Trump loyalists at the U.S. Capitol more than two years ago took steps to protect itself from any violence that could accompany the unprecedented prosecution of a former president.
Monday’s testimony from Robert Costello, a lawyer with close ties to numerous key Trump aides, appeared to be a final opportunity for allies to steer the grand jury away from an indictment. Costello was invited by prosecutors to appear after saying he had information to undercut the credibility of Michael Cohen, a former lawyer and fixer for Trump who later turned against him and then became a key witness in the Manhattan district attorney’s investigation.
Costello had provided Cohen legal services several years ago after Cohen himself became entangled in the federal investigation into the hush money payments. In a news conference after his grand jury appearance, Costello told reporters he had come forward because he did not believe Cohen, who pleaded guilty to federal crimes and served time in prison.
“If they want to go after Donald Trump and they have solid evidence, then so be it,” Costello said. “But Michael Cohen is far from solid evidence.”
Responding on MSNBC, Cohen said that Costello was never his lawyer and “he lacks any sense of veracity.”
There were no signs that Costello’s testimony had affected the course of the investigation. Cohen had been available for over two hours in case prosecutors wanted him to rebut Costello’s testimony but he was told he was not needed, his attorney said.
The testimony came two days after Trump said he expected to face criminal charges and urged supporters to protest his possible arrest. In social media posts through the weekend, he criticized the investigation, directing particularly hostile rhetoric toward Manhattan District Attorney Alvin Bragg, a Democrat.
New York officials have been monitoring online chatter of threats of varying specificity, but even as portable metal barricades were dropped off to safeguard streets and sidewalks, there were no immediate signs that Trump’s calls for protests were being heeded.
On Tuesday morning, Manhattan court proceedings were temporarily halted by a bomb threat called in via 911, according to a court spokesman. That delayed the start of a hearing in a separate case, the New York attorney general’s lawsuit accusing Trump and his company of a yearslong fraud scheme.
Costello briefly acted as a legal adviser to Cohen after the FBI raided Cohen’s home and apartment in 2018. At the time, Cohen was being investigated for both tax evasion and for payments he helped orchestrate in 2016 to buy the silence of two women who claimed to have had sexual encounters with Trump.
For several months, it was unclear whether Cohen, a longtime lawyer and fixer for the Trump Organization who once boasted that he would “take a bullet” for his boss, would remain loyal to the president.
Cohen ultimately decided to plead guilty in connection with the payments to porn actor Stormy Daniels and model Karen McDougal, which he said were directed by Trump. Since then, he has been a vociferous Trump critic, testifying before Congress and then to the grand jury.
Trump, who has denied having sex with either woman, has branded Cohen a liar.
As the New York investigation pushes toward conclusion, Trump faces other criminal probes in Atlanta and Washington that, taken together, pose significant legal peril and carry the prospect of upending his campaign for the Republican presidential nomination.
Some of his likely opponents have tried to strike a balance between condemning a potential prosecution as politically motivated while avoiding condoning the conduct at issue.
Florida Gov. Ron DeSantis, an expected GOP presidential candidate, criticized the investigation but also jabbed at Trump.
“I don’t know what goes into paying hush money to a porn star to secure silence over some kind of alleged affair,” DeSantis said at a news conference in Panama City. “I can’t speak to that.”
Switching to criticism of the district attorney, he said, “What I can speak to is that if you have a prosecutor who is ignoring crimes happening every single day in his jurisdiction and he chooses to go back many, many years ago to try to use something about porn star hush money payments, that’s an example of pursuing a political agenda and weaponizing the office. And I think that’s fundamentally wrong.”
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Tucker reported from Washington. Associated Press journalists Michelle L. Price, Aaron Morrison, Jill Colvin, Ted Shaffrey, David R. Martin, Noreen Nasir, Seth Wenig and Larry Neumeister contributed to this report.
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Follow Eric Tucker on Twitter at http://www.twitter.com/etuckerAP.
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