Trump suffers twin setbacks as judges reject calls to dismiss charges

Pages are viewed from the unsealed federal indictment of former US President Donald Trump over his handling of classified documents. Federal Judge Aileen Cannon on Thursday rejected a move by Trump's lawyers to throw out the case. (Getty Images via AFP)
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Updated 05 April 2024
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Trump suffers twin setbacks as judges reject calls to dismiss charges

  • Georgia judge rejected Trump’s bid to dismiss criminal charges in the state’s 2020 election interference case against him, which Trump argued violate his free speech rights
  • A Florida judge likewise rejected Trump's bid to throw out the classified documents prosecution against him on the basis of his argument that they were his personal records

WASHINGTON: Donald Trump suffered a pair of legal setbacks on Thursday as judges spurned his calls to dismiss criminal charges over the former US president’s efforts to overturn his 2020 loss in Georgia and his keeping classified records after leaving office.

Separately, one of the Republican presidential candidate’s allies, former Justice Department official attorney Jeffrey Clark, faced the risk of disbarment after a Washington panel found he violated some attorney ethics rules in his attempts to enlist the agency to help overturn Trump’s loss.
Those cases represent just some of the legal entanglements facing Trump, who has been criminally charged in four cases as he challenges Democratic President Joe Biden in the Nov. 5 election, with the first-ever trial of a sitting or former US president due to get underway in New York on April 15.
“It just shows that everything’s moving forward,” said Amy Lee Copeland, a former federal prosecutor in Georgia, who noted that progress in many of the cases remains slow.
Florida-based US District Judge Aileen Cannon on Thursday rejected Trump’s argument that the case accusing him of illegally holding onto classified documents should be thrown out on the basis of his argument they were his personal records rather than government property.
Trump had argued that his retention of highly sensitive documents at his Mar-a-Lago estate in Florida after leaving office in 2021 was authorized under a US law that lets former presidents keep personal records unrelated to their official responsibilities.
Prosecutors in the case brought by Special Counsel Jack Smith have said the documents relate to US military and intelligence matters, including details about the American nuclear program, and could not be construed as personal.
In an earlier Thursday setback, a Georgia judge rejected Trump’s bid to dismiss criminal charges in the state’s 2020 election interference case against him, which Trump argued violate his free speech rights.
Fulton County Superior Court Judge Scott McAfee found that the indictment alleges statements by Trump and 14 others charged in the case were made “in furtherance of criminal activity” and are not protected by the First Amendment to the US Constitution.
Trump, who has called all four criminal indictments against him politically motivated, still has several pending challenges to the documents case, including arguments that he has presidential immunity from prosecution and that he was selectively targeted by prosecutors.
A lawyer for Trump in the Georgia case said Trump and his co-defendants disagree with the ruling. A Trump campaign spokesperson said the Florida ruling represented Cannon standing up to “intimidation,” without providing further detail.
The US Supreme Court late this month will hear arguments in his immunity claim in a federal case in Washington, D.C., related to his attempts to overturn his election defeat.
Trump has delayed trials in three of the four criminal cases. It is unclear if any besides the one in New York will reach a jury before the November election.

Classified documents probe
In the Florida case, Judge Cannon turned aside defense arguments that a decades-old law permitted the former president to retain the sensitive records after he left office.

Lawyers for Trump had cited a 1978 statute known as the Presidential Records Act in demanding that the case, one of four against the presumptive Republican nominee, be tossed out before trial. That law requires presidents upon leaving office to turn over presidential records to the federal government but permits them to retain purely personal papers. Trump’s lawyers have said he designated the records as personal, making them his own property, and that that decision can not be second-guessed in court.
Prosecutors on special counsel Jack Smith’s team countered that the law had no relevance to a case concerning the mishandling of classified documents and said the files Trump is alleged to have hoarded at his Mar-a-Lago estate in Palm Beach, Florida were unquestionably presidential records, not personal ones, and therefore had to be returned to the government when Trump left the White House.
Cannon, who heard arguments on the dispute last month, permitted the case to proceed in a three-page order that rejected the Trump team claims. She wrote that the indictment makes “no reference to the Presidential Records Act” nor does it “rely on that statute for purposes of stating an offense.” The act, she said, ”does not provide a pre-trial basis to dismiss” the case.
The ruling is the second time in three weeks that Cannon has rebuffed defense efforts to derail the case. It represents a modest win for Smith’s team, which has been trying to push the prosecution forward to trial this year but has also expressed mounting frustration, including earlier this week, with Cannon’s oversight of the case.
Other Trump motions to dismiss the indictment remain unresolved by the judge, the trial date is in flux, and additional legal disputes have slowed the progress of a case that prosecutors say features voluminous evidence of guilt by the former president.
In Thursday’s ruling, Cannon also defended an order from last month that asked lawyers for both sides to formulate potential jury instructions and to respond to two different scenarios in which she appeared to be continuing to entertain Trump’s presidential records argument.
The order puzzled legal experts and drew a sharp rebuke from Smith’s team, with prosecutors in a filing this week calling the premises the judge laid out “fundamentally flawed” and warning that they were prepared to appeal if she pushed ahead with jury instructions that they considered wrong.
“The Court’s Order soliciting preliminary draft instructions on certain counts should not be misconstrued as declaring a final definition on any essential element or asserted defense in this case,” Cannon wrote. “Nor should it be interpreted as anything other than what it was: a genuine attempt, in the context of the upcoming trial, to better understand the parties’ competing positions and the questions to be submitted to the jury in this complex case of first impression.”
Still, she said, if prosecutors were demanding that jury instructions be finalized prior to trial and the presentation of evidence, “the Court declines that demand as unprecedented and unjust.”
In addition to affirming the indictment Thursday, she also rejected a separate motion to dismiss last month that argued that the Espionage Act statute underpinning the bulk of the charges was unconstitutionally vague and should be struck down.
Cannon has yet to rule on other Trump efforts to dismiss the case, including arguments that presidential immunity shields him from prosecution and that he has been subject to “selective and vindictive prosecution.”
Trump is facing dozens of felony counts related to the retention of classified documents, according to an indictment alleging he improperly shared a Pentagon “plan of attack” and a classified map related to a military operation. Authorities say the records were stowed in dozens of boxes haphazardly warehoused at Mar-a-Lago, which was searched by the FBI in August 2022 in an escalation of the investigation.
The case was initially set for trial on May 20, but Cannon heard arguments last month on a new date without immediately setting one. Both sides have said they could be ready for trial this summer, though defense lawyers have also said Trump should not be forced to stand trial while the election is pending.
Smith’s team has separately charged Trump with plotting to overturn the results of the 2020 presidential election, a case delayed by a Supreme Court review of his arguments that he is immune from federal prosecution. Prosecutors in Fulton County, Georgia, have also charged Trump with trying to subvert that state’s election, though it remains unclear when that case will reach trial.
Jury selection is set for April 15 in Trump’s hush money criminal trial in New York.
That case centers on allegations that Trump falsified his company’s internal records to hide the true nature of payments to his former lawyer Michael Cohen, who helped Trump bury negative stories during his 2016 presidential campaign. Among other things, Cohen paid porn actor Stormy Daniels $130,000 to suppress her claims of an extramarital sexual encounter with Trump years earlier.
Trump has pleaded not guilty and denied having a sexual encounter with Daniels.
 


Russia security chief meets Taliban officials in Kabul

Updated 26 November 2024
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Russia security chief meets Taliban officials in Kabul

  • Shoigu, the secretary of Russia’s Security Council, met an Afghan cohort in Kabul headed by Deputy Prime Minister for Economic Affairs Abdul Ghani Baradar

KABUL: Top Russian security official Sergei Shoigu visited Afghan government officials on Monday, assuring them Moscow will soon remove the Taliban from its list of banned organizations, Kabul said.
Since the Taliban surged back to power in 2021 visits by foreign officials have been infrequent because no nation has yet formally recognized the government of the former insurgent group.
Taliban government curbs on women have made them pariahs in many Western nations but Kabul is making increasing diplomatic overtures to its regional neighbors, emphasising economic and security cooperation.
Shoigu, the secretary of Russia’s Security Council, met an Afghan cohort in Kabul headed by Deputy Prime Minister for Economic Affairs Abdul Ghani Baradar.
He “expressed Russia’s interest in increasing the level of bilateral cooperation with Afghanistan,” Baradar’s office said in a statement released on social media site X.
“He also announced that, to expand political and economic relations between the two countries, the Islamic Emirate’s name would soon be removed from Russia’s blacklist.”
The Islamic Emirate is the name the Taliban government uses to refer to itself.
Russian news agencies quoted Shoigu as saying he wanted “constructive” ties with Kabul, without saying if he had floated Moscow removing the Taliban from its list of banned groups.
“I confirm the readiness to build a constructive political dialogue between our countries, including in order to give momentum to the process of the internal Afghan settlement,” Shoigu said, according to the RIA Novosti news agency.
He also said Russian companies plan to take part in projects in Afghanistan on extracting natural resources.
Analysts say Moscow may be eying cooperation with Kabul to counter the threat from Islamic State Khorasan (IS-K) — the Afghan-based branch of the Sunni militant group.
In March, more than 140 people were killed when IS-K gunmen attacked a Moscow concert hall.
Taliban authorities have repeatedly said security is their top domestic priority and have pledged militants staging foreign attacks will be ousted from Afghanistan.
“The Taliban certainly are our allies in the fight against terrorism,” Russia’s ambassador to Afghanistan, Dmitry Zhirnov, said in July.
“They are working to eradicate terrorist cells.”


Republican senator blocks promotion of US Army general associated with Afghanistan withdrawal

Updated 26 November 2024
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Republican senator blocks promotion of US Army general associated with Afghanistan withdrawal

  • President-elect Donald Trump and his allies have decried the United States’ military withdrawal from Afghanistan and vowed to go after those responsible for it

WASHINGTON: A Republican senator has blocked the promotion of US Army Lt. Gen. Christopher Donahue, who commanded the military’s 82nd Airborne Division during the US withdrawal from Afghanistan and was the last American soldier to leave the country in 2021.
A US official, speaking on condition of anonymity, said the hold had been placed by Senator Markwayne Mullin, who did not respond to a request for comment on why he blocked the promotion.
The Pentagon on Monday said it was aware of the hold on Donahue, who had been nominated for a fourth star by President Joe Biden to lead the US Army in Europe and Africa.
“We are aware that there is a hold on Lt. Gen. Donahue,” Pentagon spokesperson Sabrina Singh told reporters.
President-elect Donald Trump and his allies have decried the United States’ military withdrawal from Afghanistan and vowed to go after those responsible for it. In August, Trump said he would ask for the resignation of every senior official “who touched the Afghanistan calamity.”
“You have to fire people when they do a bad job. We never fire anybody,” Trump has said.
Reuters has reported that Trump’s transition team is drawing up a list of military officers to be fired, in what would be an unprecedented shakeup at the Pentagon.
While the image of Donahue, carrying his rifle down by his side as he boarded the final C-17 transport flight out of Afghanistan on in August 2021, has become synonymous with the chaotic withdrawal, he is seen in the military as one of the most talented Army leaders.
“The finest officer I ever served with, Chris Donahue is a generational leader who is now being held up for political purposes. At the tip of the spear defending this country for over three decades, he is now a political pawn,” Tony Thomas, the former head of US Special Operations Command, posted on X.
Under Senate rules, one lawmaker can hold up nominations even if the other 99 all want them to move quickly.


US prosecutors seek to drop federal criminal cases against Trump

Updated 26 November 2024
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US prosecutors seek to drop federal criminal cases against Trump

  • Policy against prosecuting sitting presidents cited
  • Courts must approve the two dismissal requests

WASHINGTON: US prosecutors moved on Monday to drop the two federal criminal cases against Donald Trump involving his efforts to overturn his 2020 election defeat and his handling of classified documents, citing Justice Department policy against prosecuting a sitting president.
The steps by prosecutors working with Special Counsel Jack Smith in the two cases represent a big legal victory for the Republican president-elect, who won the Nov. 5 US election and is set to return to office on Jan. 20.
The Justice Department policy that the prosecutors cited dates back to the 1970s. It holds that a criminal prosecution of a sitting president would violate the US Constitution by undermining the ability of the country’s chief executive to function. Courts will still have to approve both requests from prosecutors.
The prosecutors in a filing in the election subversion case said the department’s policy requires the case to be dismissed before Trump returns to the White House.
“This outcome is not based on the merits or strength of the case against the defendant,” prosecutors wrote in the filing.
Smith’s office similarly moved to end its attempt to revive the case accusing Trump of illegally retaining classified documents when he left office in 2021 after his first term as president. But the prosecutors signaled they will still ask a federal appeals court to bring back the case against two Trump associates who had been accused of obstructing that investigation.
Trump spokesman Steven Cheung hailed what he called “a major victory for the rule of law.”
Trump had faced criminal charges in four cases — the two brought by Smith and two in state courts in New York and Georgia. He was convicted in the New York case while the Georgia case is in limbo.
In a post on social media, Trump railed on Monday against the legal cases as a “low point in the History of our Country.” The moves by Smith, who was appointed in 2022 by US Attorney General Merrick Garland, represents a remarkable shift from the special prosecutor who obtained indictments against Trump in two separate cases accusing him of crimes that threatened US election integrity and national security. Prosecutors acknowledged that the election of a president who faced ongoing criminal cases created an unprecedented predicament for the Justice Department.
It shows how Trump’s election victory over Democratic Vice President Kamala Harris was not just a political triumph, but also a legal one. Trump pleaded not guilty in August 2023 to four federal charges accusing him of conspiring to obstruct the collection and certification of votes following his 2020 loss to Democrat Joe Biden.
Trump, who as president will again oversee the Justice Department, was expected to order an end to the federal 2020 election case and to Smith’s appeal in the documents case.
Florida-based Judge Aileen Cannon, who Trump appointed to the federal bench, had dismissed the classified documents case in July, ruling that Smith was improperly appointed to his role as special counsel.
Smith’s office had been appealing that ruling and indicated on Monday that the appeal would continue as it relates to Trump personal aide Walt Nauta and Carlos De Oliveira, a manager at his Mar-a-Lago resort, who had been previously charged alongside Trump in the case. Both Nauta and De Oliveria have pleaded not guilty, as did Trump.
In the 2020 election case, Trump’s lawyers had previously said they would seek to dismiss the charges based on a US Supreme Court ruling in July that former presidents have broad immunity from prosecution over official actions taken while in the White House. Smith attempted to salvage the case following that ruling, dropping some allegations but arguing that the rest were not covered by presidential immunity and could proceed to trial.
Judge Tanya Chutkan had been due to decide whether the immunity decision required other portions of the case to be thrown out. A trial date originally set for March 2024 had not been rescheduled.
The case was brought following an investigation led by Smith into Trump’s attempts to retain power following his 2020 election defeat, culminating in the Jan. 6, 2021, attack on the US Capitol by a mob of his supporters following his inflammatory speech near the White House.
Trump denied wrongdoing and argued that the US legal system had been turned against him to damage his presidential campaign. He vowed during the campaign that he would fire Smith if he returned to the presidency.
Trump in May became the first former president to be convicted of a crime when a jury in New York found him guilty of felony charges relating to hush money paid to a porn star before the 2016 election. His sentencing in that case has been indefinitely postponed.
The criminal case against Trump in Georgia state court involving the 2020 election is stalled.


Pontiff slams ‘invader arrogance’ in ‘Palestine’ and Ukraine

Pope Francis leads mass for the World Youth Day at St Peter's basilica in The Vatican, on November 24, 2024. (AFP)
Updated 25 November 2024
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Pontiff slams ‘invader arrogance’ in ‘Palestine’ and Ukraine

CATICAN CITY: Pope Francis on Monday railed against the conflicts in Ukraine and the Palestinian territories, where he said “the arrogance of the invader prevails over dialogue.”
The 87-year-old’s words, to diplomats at the Vatican, came just days after he called for an investigation into claims Israel was conducting “genocide” of Palestinians in Gaza.
Marking 40 years of a peace deal between Chile and his native Argentina, Francis recalled ongoing conflicts and criticized the arms trade, highlighting “the hypocrisy of speaking about peace and playing at war.”
“This hypocrisy always leads us to failure,” he said in Spanish, adding that “dialogue must be the soul of the international community.”
“I simply mention two failures of humanity today: Ukraine and Palestine, where there is suffering, where the arrogance of the invader prevails over dialogue,” he added in an unscripted remark.
Francis, who took over as head of the worldwide Catholic Church in 2013, regularly prays for the people of Gaza and the “martyred” Ukraine, which Russia invaded in 2022.
Francis has also frequently called for the return of the Israeli hostages taken by Palestinian militants Hamas during the unprecedented Oct. 7, 2023, attack on Israel.
In extracts published this month of a forthcoming book, he called for claims that Israel was conducting “genocide” in Gaza — claims strongly rejected by Israel — to be “studied carefully.”
The Hamas attack resulted in the deaths of 1,206 people, mostly civilians, according to a tally of Israeli official figures.
Israel’s retaliatory campaign in Gaza has killed at least 44,235 people, most of them civilians, according to data from the Hamas-run territory’s health ministry, which the UN considers reliable.
The Vatican recognized the Palestinian territories as a sovereign state in 2013, signing a treaty in 2015.

 


Philippine president to make first visit to UAE

Updated 25 November 2024
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Philippine president to make first visit to UAE

  • Marcos’ trip marks ‘significant and symbolic milestone,’ Manila envoy says
  • Philippines, UAE to sign new agreements on energy transition, artificial intelligence

Manila: Philippine President Ferdinand Marcos Jr. is set to meet his Emirati counterpart, Sheikh Mohamed bin Zayed Al-Nahyan, in Abu Dhabi on Tuesday as he makes his inaugural trip to the Gulf nation.

The Philippines and UAE are celebrating 50 years of diplomatic relations this year, with the two countries eyeing closer cooperation across many fields to mark the occasion, including in energy transition and artificial intelligence.

The working visit will be Marcos’s first to the UAE since he took office in 2022.

“The president will personally oversee the overall state of bilateral relations between the Philippines and the UAE, and witness the signing of several agreements across a wide array of areas of cooperation, such as energy transition, artificial Intelligence, judicial agreements and culture,” Philippine Ambassador to the UAE Alfonso A. Ver told Arab News on Monday.

The one-day trip marks a “significant and symbolic milestone” in bilateral ties, he added.

“⁠Bilateral relations between the two countries have reached a historic high, and have since expanded to new and innovative forms of cooperation,” Ver said, citing collaborations in space science, agriculture and digital infrastructure as examples.

“With President Marcos’s visit, the Philippines is keen to further boost the positive, robust, and comprehensive state and trajectory of our relationship with the UAE.”

The two countries are currently negotiating a Comprehensive Economic Partnership Agreement, which has made “significant progress” as of early October, according to the Philippine Department of Trade and Industry.

Around one million Philippine nationals reside in the UAE, making it the second-largest employer of Filipino expats after Saudi Arabia.

“The president will also convey the gratitude of the Philippine government to the leaders of a nation that has tapped Filipino talent, allowing it to flourish in an environment that fosters kindness, respect, and tolerance,” the Presidential Communications Office said in a statement.

“It is expected that these productive dialogues will lead to agreements that will deepen the ties between the two countries … While the President’s visit will be short, the goodwill and opportunities it will create will be substantial, resulting in stronger Philippine-UAE relations.”