FL - Former President Donald Trump indicted, 40 counts, classified documents and obstruction of justice, June 2023, Trial May 2024 #2

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Judge in Trump's classified documents case questions use of out-of-district grand jury in probe | MyCentralOregon.com - Horizon Broadcasting Group, LLC

ftwitty/Getty Images(FORT PIERCE, Fla.) -- The judge overseeing former President Donald Trump's classified documents case is raising questions about special counsel Jack Smith's use of an ou
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The judge overseeing former President Donald Trump’s classified documents case is raising questions about special counsel Jack Smith’s use of an out-of-district grand jury to conduct his probe.

The filings were tied to the motion from Smith’s team last week seeking a hearing on potential conflicts of interest that could arise due to the lawyer for Trump aide and co-defendant Walt Nauta — who was charged in the indictment along with Trump — also representing other witnesses who could be called against Nauta in the case.

Cannon, in the ruling, then asked for Nauta’s attorney, Stanley Woodward, to file a motion stating his concerns about “the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district.”

Cannon said that motion, as well as any related motions from Trump’s attorneys, is due by Aug. 17.

Cannon’s order didn’t directly explain why she is seeking arguments at this juncture regarding the legality of using an out-of-district grand jury.

The judge then ordered the special counsel to reply on or before Aug. 22.
 
JerseyGirl said:
The judge overseeing former President Donald Trump’s classified documents case is raising questions about special counsel Jack Smith’s use of an out-of-district grand jury to conduct his probe.

U.S. District Judge Aileen Cannon is demanding answers from Smith on his office’s use of another grand jury to purportedly continue to investigate Trump’s alleged mishandling of classified documents after leaving office, even though Trump has already been indicted on charges by a separate grand jury impaneled in Florida.

The development came in a stinging ruling Judge Cannon issued Monday morning, in which she ordered two sealed filings submitted by Smith on her docket struck from the record.
Click to expand...
Yes... Here we go.

I think this is just the beginning.
 
Legal experts puzzle over Judge Cannon's invitation for briefing over the 'propriety' of an "out-of-district grand jury" in the classified docs case…

“I don't even understand the theory that there's some impropriety here,” remarked Adam Unikowsky, a partner at the white-shoe law firm Jenner & Block.

The Federal Rules of Criminal Procedure expressly state: “An attorney for the government may disclose any grand-jury matter to another federal grand jury.”

Citing the rule, Unikowsky said of Cannon raising the issue: “I would call it unorthodox.”

Attorney David Weinstein, a former federal prosecutor with extensive experience in the Southern District of Florida, also noted that the government said that both grand juries were investigating “obstructive activity.”

“The government is entitled to continue to investigate what they believe is criminal activity because there may be information that supports the return of a superseding indictment,” Weinstein told The Messenger.

themessenger.com

Judge Asks Why Special Counsel Jack Smith Has Two Grand Juries Investigating Trump in Docs Case

Buried toward the end of a recent two-page order, a Donald Trump-appointed federal judge pressed Special Counsel Jack Smith about the dual nature of his classified documents investigation on Monday.
themessenger.com themessenger.com
 
sds71 said:
Legal experts puzzle over Judge Cannon's invitation for briefing over the 'propriety' of an "out-of-district grand jury" in the classified docs case…

“I don't even understand the theory that there's some impropriety here,” remarked Adam Unikowsky, a partner at the white-shoe law firm Jenner & Block.

The Federal Rules of Criminal Procedure expressly state: “An attorney for the government may disclose any grand-jury matter to another federal grand jury.”

Citing the rule, Unikowsky said of Cannon raising the issue: “I would call it unorthodox.”

Attorney David Weinstein, a former federal prosecutor with extensive experience in the Southern District of Florida, also noted that the government said that both grand juries were investigating “obstructive activity.”

“The government is entitled to continue to investigate what they believe is criminal activity because there may be information that supports the return of a superseding indictment,” Weinstein told The Messenger.

themessenger.com

Judge Asks Why Special Counsel Jack Smith Has Two Grand Juries Investigating Trump in Docs Case

Buried toward the end of a recent two-page order, a Donald Trump-appointed federal judge pressed Special Counsel Jack Smith about the dual nature of his classified documents investigation on Monday.
themessenger.com themessenger.com
Click to expand...
Also, didn't Trump's attorney ask the New York Judge to move the NY Hush Money case from state to federal court in New York? And that Judge refused?

I think Judge Cannon should be removed.

JMO
 
Stunned said:
He is unbelievable! How much attention does this person actually need on a given day? He’s got his fake presidential office, his fake presidential plane and now he wants his very own fake but made real presidential situation room! Awesome! Just awesome for him!
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He wants a SCIF....at the scene of the crime.

First, no.

Second, doesn't that indicate he took classified documents to Mar-a-Lago knowing it wasn't secure?

Weird request. The answer should be an easy, "no."

jmo
 
Again - I will shorten this up a bit...

Thursday, August 10th:
*Arraignment Hearing (for De Oliveria only) & *Arraignment on Superseding Charges (for Trump & Nauta) (@ 10am ET) - FL – *Donald John Trump (76/now 77) indicted (6/8/23), charged & arraigned (6/13/23) with 31 counts of willful retention of classified documents, 1 count of conspiracy to obstruct justice, 1 count of withholding a document or record, 1 count of corruptly concealing a document or record, 1 count of concealing a document in a federal investigation, 1 count of scheme to conceal & 2 counts of making false statements & representations. Plead not guilty.
Additional indicted & charged (7/27/23) with 1 count of willful retention of defense information & 2 counts of obstruction.
Count 1-31: Willful retention of National Defense info, Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 37: False statements & representations. Plead not guilty in filing of waiver of non appearance (8/4/23).
Co-Conspirator *Waltine Nauta () indicted (6/8/23) & charged (6/13/23) on 6 charges stemming from special counsel Jack Smith’s classified documents probe, including conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheming to conceal & making false statements to federal agents.
Additional indicted & charged (7/27/23) with 2 counts of obstruction of justice.
Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 38: False statements & representations. Trump: Plead not guilty & released on his own recognizance with no monetary bond (Personal Surety Bond) & no travel restrictions. Nauta: No plea entered & released on his own recognizance with no monetary bond (Person Surety Bond).
Co-Conspirator *Carlos de Oliveira (56) has also been indicted & charged (7/27/23) with with 1 count each of obstruction of justice, concealing records & documents & making false statements to FBI. He is alleged to have asked what could be done to delete the footage. $100K Surety bond-out on bond. Judge ruled that, in the meantime, De Oliveira must hand in his expired U.S. passport within 48 hours.
Mr. Nauta & Mr. de Oliveira conspired to delete footage from security cameras after the Dept. of Justice issued a subpoena asking for surveillance footage of the basement where it said confidential documents were held. In the court documents, Mr. de Oliveira is claimed to have texted another employee who was the director of information technology that "the boss" wanted the server deleted. The documents allege that Mr. de Oliveira later met with the employee in a small IT room, told him their conversation should remain private, then pressured the man into obliging his request after the employee told Mr. de Oliveira that he did not have the authority.
Indictment: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf
U.S. District Judge Aileen Mercedes Cannon. In addition to Cannon, Magistrate Judge Bruce Reinhart's name also appeared on the summons sent to Trump on Thursday, 6/8/23.
Waltine Nauta will be represented by Stanley Woodward. Trump’s lawyers are Todd Blanche & the former Florida solicitor general Chris Kise & maybe Lindsey Halligan.
Jury selection to begin on 5/14/24.
Trial set to begin on 5/20/24. (expected to take 2 weeks).
Case & court info from 4/2/23 thru 7/21/23 reference post #947 here:
https://www.websleuths.com/forums/t...struction-of-justice-june-2023.680765/page-48
7/27/23 Update: Trump has now been charged with one count of willful retention of defense information & two counts of obstruction. Trump is accused of pressuring an employee to delete security footage at his Florida estate to obstruct the investigation into the classified documents case. Mar-a-Lago staff member Carlos de Oliveira has also been indicted. He is alleged to have asked what could be done to delete the footage. Walt Nauta also received two additional charges of obstruction on Thursday. The revised indictment outlines alleged efforts between Mr. Nauta & Mr. de Oliviera, the property manager at Mar-a-Lago, to obstruct the justice department's investigation. According to the new court documents, Mr. Nauta & Mr. de Oliveira conspired to delete footage from security cameras after the Dept. of Justice issued a subpoena asking for surveillance footage of the basement where it said confidential documents were held. In the court documents, Mr. de Oliveira is claimed to have texted another employee who was the director of information technology that "the boss" wanted the server deleted. The documents allege that Mr. de Oliveira later met with the employee in a small IT room, told him their conversation should remain private, then pressured the man into obliging his request after the employee told Mr. de Oliveira that he did not have the authority. De Oliveira has hearing on 7/31/23.
7/31/23 Update: De Oliveira made his initial appearance in Miami federal court Monday morning on the charges against him -- but was not arraigned because he does not have local counsel. De Oliveira, the Mar-a-Lago property manager charged in the superseding indictment last week, was ordered released on a $100,000 personal surety bond. De Oliveira did not enter a plea Monday. He will be back in court on Thursday, 8/10/23, to be arraigned.
For all: Motions hearing on Section 3 on 8/25/23 & status hearing on 9/14/23. Motions hearing on 4/11/24 & 4/17/23. Jury selection begin on 5/14/24 & trial set to begin on 5/20/24. Initial production of classified discovery by 9/7/23. Joint Discovery Status report on 9/14/23. Government's CIPA Section 10 Notice by 9/14/23. Government's CIPA Section 4 Motion (ex parte) by 10/10/23. Any defense challenge to Section 4 (ex Parte) filing by 10/10/23. Deadline for the filing of any Motions in Limine & any motion to introduce evidence under Fed. R. Evid. 404(b) by 3/20/24. Government's CIPA Section 6(c) Motion if necessary on 4/11/24. Hearing on Motions in Limine on 4/17/24. Defense response to CIPA Section 6(c) Motion by 4/25/24. Government's reply to CIPA Section 6(c) Motion by 5/2/24.
8/2/23 Update: Trump & Nauta are to be arraigned on the superseding indictment on 8/10/23. Trump can waive his appearance & DOJ said in a filing last week they wouldn't oppose it. 8/2/23 Update: Motion for Garcia hearing. To conduct an inquiry regarding potential conflicts of interests that may arise from attorney Stanley Woodward, Jr.’s prior and current representation of three individuals the Government may call to testify at the trial of his client Waltine Nauta.1 A Garcia hearing is appropriate given that an attorney who cross-examines a former or present client inherently encounters divided loyalties. The Government apprises the Court of the issue consistent with its responsibility to promptly notify the Court of potential conflicts, so that it may conduct an appropriate inquiry under Garcia. A hearing would permit a colloquy with Mr. Woodward’s clients to inform them of potential risks and inquire into possible waivers. The Court may also wish to procure independent counsel to be present at the hearing and available to advise Mr. Woodward’s clients regarding the potential conflicts, should they wish to receive such advice. The Government has also advised counsel for Defendants Trump & De Oliveira of its intent to file this motion, and they have indicated that they take no position on this motion. Filed by Jack Smith, Special Counsel.
8/4/23 Update: Waiver of appearance for arraignment filed by Trump. Will not be attending his arraignment for superseding charges. Plea of not guilty. 8/7/23: Order Striking Sealed Filings & Ordering Briefing. Judge Cannon denies the special counsel's request for sealed filings—designed to protect grand jury secrecy—about the alleged conflicts of Walt Nauta's lawyer Stanley Woodward. She sets a briefing schedule over the conflicts issue. Nauta shall file a response to the Motion for a Garcia hearing on or before 8/17/23. Special Counsel shall respond to that discussion in a Reply in Support of the Motion due on or before 8/22/23. The remaining defendants may, but are not required to file briefs of their own related to the grand jury issued, briefs due by 8/17/23.
8/9/23 Update: Response in Opposition to the Government's renewed motion for protective order pursuant to Section 3 of the classified information procedures Act. Trump respectfully requests that the Proposed CIPA Protective Order be modified to approve re-establishment of a secure facility in which Trump was permitted previously to discuss (and review) classified information during his term as President of the United States.
 
Trump entered not-guilty today in Florida for the additional charges added to this case. Waived his appearance. If anyone has a direct link to the doc, please share. Otherwise there is this as a source:

https://twitter.com/dsamuelsohn
Darren Samuelsohn
@dsamuelsohn
"Trump's signed waiver indicting he planned to plead not guilty & would waive his appearance at today's arraignment just got entered into the public court docket record in South Florida."

https://twitter.com/x/status/1689742702508654593
 
sds71 said:
@KlasfeldReports

Attorneys for Trump's body man Walt Nauta oppose the government's proposed protective order restricting classified information, invoking their client's Navy service.
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.105.0.pdf
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I'm guessing that Nauta didn't really deal with many classified docs in his Navy career since he was apparently mostly working as a cook.

"Nauta enlisted in the U.S. Navy in July 2001.[2] He was a cook, with the rating of culinary specialist.[1] Among his Navy postings were stints with a strike fighter squadron in California, and at a submarine base in Georgia.[8] In 2012, he was assigned to the Presidential Food Service, which is run by the U.S. Navy and manages the White House Mess as part of the White House Military Office.[1][9]

During the presidency of Donald Trump, Nauta became a personal valet to the president.[10] He was responsible for responding to the presidential call button, including when the president requested Diet Cokes, which Nauta would bring to Trump on a silver platter.[11][8] Nauta was promoted to senior chief petty officer in September 2020.[10]"

From Wikipedia, which references various MSM articles.
en.m.wikipedia.org

Walt Nauta - Wikipedia

en.m.wikipedia.org en.m.wikipedia.org
 
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