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.
 


Fifteen inmates killed in new Ecuador jail massacre

Updated 12 November 2024
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Fifteen inmates killed in new Ecuador jail massacre

  • “Serious incidents were reported between inmates, resulting in a preliminary toll of 15 dead and 14 wounded,” the prison service said
  • The prison service said that a “significant contingent” of troops and police had been deployed to restore order at the prison, which was now under the “full control” of the authorities

GUAYAQUIL, Ecuador: At least 15 inmates were killed and 14 injured in clashes Tuesday at a prison in the Ecuadoran port of Guayaquil, the latest in a series of massacres blamed on a war between drug cartels.
Once seen as a beacon of stability in South America, Ecuador has become one of the world’s most violent nations and a major drug trafficking hub in recent years.
Much of the violence has taken place in prisons where more than 460 inmates have been killed since February 2021, often in gruesome fashion, with their bodies dismembered and burnt.
The latest bloodshed took place in Litoral penitentiary, the country’s biggest, where 119 inmates were killed in September 2021 in Ecuador’s worst prison massacre.
“This morning, in a pavilion of the Litoral penitentiary, serious incidents were reported between inmates, resulting in a preliminary toll of 15 dead and 14 wounded,” the prison service said.
AFP drone images of the prison yard showed inmates in orange prison garb placing a body on the ground next to a dozen corpses wrapped in blankets.
In another part of the prison, dozens of prisoners could be seen sitting in rows, guarded by security force members.
The prison service said that a “significant contingent” of troops and police had been deployed to restore order at the prison, which was now under the “full control” of the authorities.
The violence in Ecuador’s prisons has spilled over onto the streets.
The Andean country registered a record 47 homicides per 100,000 inhabitants in 2023, up from a rate of six per 100,000 in 2018.
In January, the violence reached a new peak following the jailbreak of a powerful narco boss, Jose Adolfo Macias.
In the most dramatic incident, gunmen stormed the studios of a television station in Guayaquil and held a presenter at gunpoint live on air.
Gang members also took scores of prison guards hostage and set off explosions prompting President Daniel Noboa to declare war on organized crime and deploy the army to combat the gangs.
Tuesday’s massacre is the first at a prison since then.
But tit-for-tat gang attacks left at least 17 dead near Guayaquil last month and prison officials continue to be targeted.
Five penitentiary staff were shot dead in the space of a month between late August and late September.
The victims included the director of Litoral, who was shot dead after her car was ambushed while traveling near Guayaquil and the head of another prison in the Amazonian province of Sucumbios, who too was shot dead while traveling by car.
Noboa claims his offensive against organized crime is nonetheless yielding results.
Between January and September, 4,236 murders were reported, down from 5,112 for the same period in 2023.


Spanish flood-hit towns brace for another storm

Updated 12 November 2024
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Spanish flood-hit towns brace for another storm

  • AEMET forecasts as much as 120 mm of rain in 12 hours
  • While the storm is not expected to be as powerful, it could be devastating for the towns that are still recovering

MADRID: Flood-hit towns near the eastern city of Valencia were rushing on Tuesday to clear the sewage system of mud and debris, pile sandbags and cancel school classes as they prepared for another approaching storm.
Two weeks after the worst floods in Spain’s modern history killed more than 200 people, national weather service AEMET issued an orange alert, the second-highest, for strong or torrential rains expected on Wednesday in the same area.
AEMET forecasts as much as 120 mm (4.7 inches) of rain in 12 hours. While the storm is not expected to be as powerful, it could be devastating for the towns that are still recovering.
The impact of the rain could be severe because of the quantities of mud already on the ground and because of the condition of the sewage system, Rosa Tauris, a spokesperson for Valencia’s emergency committee, told reporters.
Thousands of workers are cleaning buildings while removing the mud that accumulated on roads and sidewalks and clogged the sewage pipes and drains in towns and suburbs around Valencia.
The emergency committee issued a special warning requesting that municipalities and organizations take preventive measures, including closing schools.
Tauris recommended citizens work remotely when possible, avoid non-essential travel and follow emergency services’ updates.
The town council of Chiva, one of the worst-hit sites, canceled classes and sports activities, while in nearby Aldaia, workers piled up sandbags to protect the town.
“We are placing sandbags to replace the floodgates that the previous floods tore down,” municipal worker Antonio Ojeda said, hoping this would prevent the Saleta ravine from overflowing again.
They are also cleaning the ditches and drains that are obstructed with trees, tires and car parts.
On Monday, 10,000 tons of furniture, appliances and clothing were removed, almost as much waste as Valencia disposes of in a year.
Valencian authorities suspended classes and activities at recreational centers in the flood-hit suburbs, advising volunteers who flocked to the area to help clean up to avoid travel.
The AEMET’s weather alerts cover much of the Mediterranean coast of Catalonia, Valencia and Andalusia and the Balearic Islands.


Court delays decision on sentencing Trump to November 19

Updated 12 November 2024
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Court delays decision on sentencing Trump to November 19

  • Ahead of election, Trump’s lawyers moved to have case thrown out
  • Trump’s legal team almost certain to seek to oppose or delay any sentencing

NEW YORK: The judge in Donald Trump’s New York criminal case has delayed to November 19 a decision on potentially throwing out the US president-elect’s conviction, the court said Tuesday.
Trump was convicted of 34 felony counts in May after a jury found he had fraudulently manipulated business records to cover up an alleged sexual encounter with a porn star ahead of the 2016 election.
The president-elect is due to be sentenced on November 26, may receive a reprieve if Judge Juan Merchan decides to dismiss the case following the Supreme Court’s recent ruling on presidential immunity.
That landmark ruling saw the court, with a 6-3 conservative majority, decide that presidents have sweeping immunity from prosecution for a range of official acts committed while in office.
Ahead of the election, Trump’s lawyers moved to have the case thrown out in light of the Supreme Court decision, a move that prosecutors have firmly rejected.
If the judge throws out the case on that basis, there will be no sentencing of Trump, 78.
If he does not, Trump’s legal team would almost certainly seek to oppose or delay any sentencing, insisting it would interfere with Trump’s role as commander-in-chief once he is sworn in on January 20.
“The joint application for a stay of the current deadlines... until November 19, is granted,” the court wrote in an email to parties in the case, seen by AFP.
Alongside the New York case, brought by state-level prosecutors, Trump faces two active federal cases, one related to his effort to overturn the 2020 election and the other connected to classified documents he allegedly mishandled after leaving office.
However, as president, he would be able to intervene to end those cases, and Jack Smith, the special counsel handling both cases, has reportedly begun to wind them down.
A Trump-appointed federal judge already threw out the documents case, but Smith had sought to appeal that decision.
“Trump’s victory means he is unlikely to be held accountable for any of his alleged criminal misconduct,” said former prosecutor Randall Eliason in an article on Substack.
“That’s a severe blow to the ideal of the rule of law.”
The New York conviction, coming just months before an election that Trump won convincingly, was one of several dramatic developments in the race for the White House.
In July, Trump survived an assassination attempt at a rally in Pennsylvania when a bullet grazed his ear.
Later that month, President Joe Biden stepped aside as the Democratic Party’s candidate following a disastrous performance against Trump in a televised debate.
That paved the way for Vice President Kamala Harris to become the first woman of color from a major US party to stand for president.


Driver rams his car into crowd in China, killing 35, as police say he was upset about his divorce

Updated 45 min 53 sec ago
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Driver rams his car into crowd in China, killing 35, as police say he was upset about his divorce

  • Police detained the 62-year-old man, who is being treated for wounds thought to be self-inflicted, shortly after the attack
  • He was dissatisfied with the split of financial assets in his divorce, according to a preliminary investigation, police said

ZHUHAI, China: A man who authorities said was upset over his divorce settlement rammed his car into a crowd of people exercising at a sports complex in southern China, killing 35 and severely injuring dozens of others, police said Tuesday.
Police detained the 62-year-old man, who is being treated for wounds thought to be self-inflicted, shortly after the attack Monday night in the southern Chinese city of Zhuhai. The city is hosting the People’s Liberation Army’s annual aviation exhibition, which opened Tuesday, and searches for what happened were heavily censored for users behind China’s Great Firewall.
Outside of the controls, however, videos circulated on the social media platform X. In several, dozens of people could be seen lying on the track at the sports complex, which is regularly used by hundreds of residents to run, play soccer or dance.
In one, shared by news blogger and dissident Li Ying, a woman says “my foot is broken.” That same video showed a firefighter performing CPR on a person, as others were told to leave. Li, who is known on X as Teacher Li, posts daily news based on user submissions
In addition to the 35 people killed, police said 43 were injured.
China has seen a number of attacks in which suspects appear to target members of the public at random.
In October, a man was detained after he allegedly attacked children with a knife at a school in Beijing. Five people were wounded. In September, three people were killed in a knife attack in a Shanghai supermarket, and another 15 were injured. Police said at the time that the suspect had personal financial disputes and came to Shanghai to “vent his anger.”
In May, two people were killed and 21 injured in a knife attack in a hospital in Yunnan province.
Police identified the man detained in Monday’s attack only by his family name of Fan, as is typical, and said he was unconscious and receiving medical care after being found in his car with a knife and wounded.
He was dissatisfied with the split of financial assets in his divorce, according to a preliminary investigation, police said.
Chinese authorities appeared to be tightly controlling information about the incident. Internet censors tend to take extra care to scrub social media ahead of and during major events, such as the aviation exhibition or the annual meeting of the National People’s Congress.
For almost 24 hours after the attack, it was unclear what the death or injury toll was. On Tuesday morning, a search on the Chinese social media platform Weibo for the sports center turned up just a few posts, with only a couple referring to the fact something had happened, without pictures or details. Articles by Chinese media from Monday night about the incident were taken down.
Chinese leader Xi Jinping called for the “strict” punishment of the perpetrator according to law in a statement Tuesday evening.
He also called on all local governments “to strengthen prevention and control of risks at the source, strictly prevent extreme cases from occurring, and to resolve conflicts and disputes in a timely manner,” according to the official Xinhua news agency.


Indian travel agents record surge in outbound tourism to Middle East

Updated 12 November 2024
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Indian travel agents record surge in outbound tourism to Middle East

  • There has been an increase of at least 30% in trips to Middle East from Indian city of Ahmedabad alone, agent says
  • Indian travelers are drawn to ‘less explored’ Middle East region, which is increasingly becoming top choice

NEW DELHI: An increasing number of Indian travelers are visiting the Middle East this year, tour operators said on Tuesday after recording a significant surge to the region during the Diwali holiday season.

The Middle East has become an increasingly popular foreign destination for many Indian travelers, with Saudi Arabia and the UAE often cited as the top two countries in demand.

As the festive Diwali season and the long holidays that came with it concluded earlier this month, tourism players in India say there was a notable increase in trips to Arab countries.

“In this festival season, there was a huge demand,” Jyoti Mayal, president of the Travel Agents Association of India, told Arab News on travel from India to the UAE, citing Saudi Arabia and Qatar as particularly popular destinations.

“These countries in the Middle East are less explored and that’s why more and more people are traveling (to them).”

Travelers from the western Indian state of Gujarat were drawn to new and affordable packages offered to Gulf destinations like Dubai, said tour agent Manish Sharma.

“From Ahmedabad, I can say that compared to the past, there has been an increase of 30 to 35 percent in the outbound travels to the Middle East this time,” Sharma, who runs his business in the Gujarati capital, told Arab News.

Their top choices were UAE cities such as Abu Dhabi, Sharjah and Dubai, he added.

“The reasons for the growth are manifold — it’s cheap, easy connectivity, it’s near, you get good food,” he added.

Members of the Gujarati middle class “take at least one or two vacations every year,” he said. “During Diwali and summer vacation, they prefer to go to Dubai.”

Many Indians appear to be taking advantage of the increasing number of direct flights to the UAE. There are at least 14 daily flights to Dubai from Ahmedabad alone.

“There has been an increase in Dubai travel in the last 10 years, (and) in the last three years tourism has grown greatly. But this year, tourism to UAE has gone phenomenally and the reason is the increase in the number of flights,” Sharma said.