Trump documents trial judge sets first hearing; Georgia grand jury set to weigh 2020 election charges - live

July 11, 2023
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From 11m ago 09.57 EDT Judge sets first hearing on Trump classified documents case for 18 July The first hearing before US District Judge Aileen Cannon in the federal criminal case against Donald Trump will be on 18 July, according to a court order. Just in: Federal judge in classified docs case schedules Section 2 hearing — to determine timings going forward for the classified discovery portion of the pre-trial prep — for July 18 — Hugo Lowell (@hugolowell) July 11, 2023

15m ago 09.52 EDT Hugo Lowell Trump was charged with retention of national defense information, including US nuclear secrets and plans for US retaliation in the event of an attack, which means his case will be tried under the rules laid out in the Classified Information Procedures Act, or Cipa. Cipa provides a mechanism for the government to charge cases involving classified documents without risking the “graymail” problem, where the defense threatens to reveal classified information at trial, but the steps that have to be followed mean it takes longer to get to trial. The process includes the government turning over all of the classified information they want to use to the defense in discovery, like any other criminal case, in addition to the non-classified discovery that is done in a separate process. Trump’s lawyers argued the amount of discovery – the government is making the material available in batches because there is so much evidence and it has not finished processing everything that came from search warrants – meant that they could not know how long the process would take. Trump’s lawyers wrote: From a practical manner, the volume of discovery and the Cipa logistics alone make plain that the government’s requested schedule is unrealistic.

24m ago 09.44 EDT Trump asks for classified documents trial to take place after 2024 election Hugo Lowell Donald Trump asked the federal judge overseeing the Mar-a-Lago classified documents case to indefinitely postpone setting a trial date in court filings on Monday and suggested, at a minimum, that any scheduled trial should not take place until after the 2024 presidential election. The papers submitted by Trump’s lawyers in response to the US justice department’s motion to hold the trial this December made clear the former president’s aim to delay proceedings as their guiding strategy – the case may be dropped if Trump wins the election. The filing said: The court should, respectfully, before establishing any trial date, allow time for development of further clarity as to the full nature and scope of the motions that will be filed.

Updated at 10.06 EDT

31m ago 09.37 EDT Fulton county district attorney Fani Willis launched the investigation in early 2021, after Donald Trump tried to overturn his election defeat in Georgia by calling Brad Raffensperger, Georgia’s secretary of state, and suggesting the state’s top elections official could help him “find 11,780 votes”, just enough needed to beat Joe Biden. The investigation expanded to include an examination of a slate of Republican fake electors, phone calls by Trump and others to Georgia officials in the weeks after the 2020 election and unfounded allegations of widespread election fraud made to state lawmakers, according to AP. About a year into her investigation, Willis asked for a special grand jury. At the time, she said she needed the panel’s subpoena power to compel testimony from witnesses who had refused to cooperate without a subpoena. In a January 2022 letter to Fulton county superior court chief judge, Christopher Brasher, Willis wrote that Raffensperger, who she called an “essential witness”, had “indicated that he will not participate in an interview or otherwise offer evidence until he is presented with a subpoena by my office”. That special grand jury was seated in May 2022, and released in January after completing its work. The panel issued subpoenas and heard testimony from 75 witnesses, ranging from some of Trump’s most prominent allies to local election workers, before drafting a final report with recommendations for Willis. Portions of that report that were released in February said jurors believed that “one or more witnesses” committed perjury and urged local prosecutors to bring charges. The panel’s foreperson said in media interviews later that they recommended indicting numerous people, but she declined to name names. ‘A big freaking deal’: the grand jury that investigated Trump election pressure Read more

Updated at 09.39 EDT

1h ago 09.12 EDT Here’s a bit more on the grand jury being seated today in Atlanta, Georgia, that will probably consider charges against Donald Trump and his Republican allies for their efforts to overturn the 2020 election. The new grand jury term begins today in Fulton county, and two panels will be selected at the downtown Atlanta courthouse, each made up of 16 to 23 people and up to three alternates. One of these panels is expected to handle the Trump investigation. Fulton County Superior Court Judge Robert McBurney will preside over today’s court proceedings, CNN reported. McBurney oversaw the special grand jury that previously collected evidence in the Trump investigation, and he is also expected to oversee the grand jury tasked with making charging decisions in the case.

Updated at 09.20 EDT

Source: The Guardian US