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

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Niner said:
Document Updates:
# Date Description
669. PAPERLESS ORDER temporarily granting in part and reserving ruling in part on Defendant Trump's Motion for Supplemental Briefing on Presidential Immunity and a Partial Stay [664]. In order to allow for full briefing on the Motion, and consistent with the Special Counsel's request for the standard response period, the Court stays the following impending deadlines: Defendants' Rule 16 expert disclosures, currently due July 8, 2024; Defendants' reciprocal discovery, currently due July 10, 2024; and Special Counsel's CIPA �� 5-6 submission, currently due July 10, 2024, although the Special Counsel may proceed with filing should it so elect. On or before July 18, 2024, the Special Counsel shall respond to Defendant Trump's Motion to Stay and Request for Supplemental Briefing on Presidential Immunity. Any reply is due July 21, 2024. The Court reserves ruling on the request for additional briefing pending receipt of the Special Counsel's response and Defendants' reply. No other deadlines are impacted by this Order. Signed by Judge Aileen M. Cannon on 7/6/2024. (jf01) (filed: 07/06/2024)

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
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I would love to be a fly on the wall to hear what Jack Smith has to say about this case and the Jan 6 case since the Supreme Court ruling.
 
Inthedetails said:
He took the documents after he was president, he hid them after he was president, he lied about them after he was president, he moved them from place to place after he was president.

jmo
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Just like every former President has done for the past 30 years.


Page 63, testimony from a director at the National Archives. Every single administration since Reagan has kept classified information that they weren't supposed to. 5 former presidents, and at least 2 former vice presidents, the gov had to go get classified materials from offices, libraries, garages, etc.
In Mar Lago, the GSA was allowed in to inspect the storage. Some of those documents the GSA, on their own, sent to Mar Lago.

Why is this case different than the previous 30+ years where the GSA and National Archives didn't need to send the FBI?
Why is this a criminal case but it wasn't when it was Reagan, Bush, Clinton, Bush, Obama, Biden (with classified material he kept while a senator, long before becoming CP or Prez)? Or any of the countless members of Congress that have illegally kept classified material unsecured?
They ALL did the same thing.
 
Slick762 said:
Just like every former President has done for the past 30 years.


Page 63, testimony from a director at the National Archives. Every single administration since Reagan has kept classified information that they weren't supposed to. 5 former presidents, and at least 2 former vice presidents, the gov had to go get classified materials from offices, libraries, garages, etc.
In Mar Lago, the GSA was allowed in to inspect the storage. Some of those documents the GSA, on their own, sent to Mar Lago.

Why is this case different than the previous 30+ years where the GSA and National Archives didn't need to send the FBI?
Why is this a criminal case but it wasn't when it was Reagan, Bush, Clinton, Bush, Obama, Biden (with classified material he kept while a senator, long before becoming CP or Prez)? Or any of the countless members of Congress that have illegally kept classified material unsecured?
They ALL did the same thing.
Click to expand...
By same thing do you mean ignoring repeated requests from the National Archives to return confidential materials?
Are you referring to concealing documents when the FBI comes calling after repeated requests to return them to the government are disregarded?
Do you have information about them sharing secret materials with visitors?
 
Slick762 said:
Just like every former President has done for the past 30 years.


Page 63, testimony from a director at the National Archives. Every single administration since Reagan has kept classified information that they weren't supposed to. 5 former presidents, and at least 2 former vice presidents, the gov had to go get classified materials from offices, libraries, garages, etc.
In Mar Lago, the GSA was allowed in to inspect the storage. Some of those documents the GSA, on their own, sent to Mar Lago.

Why is this case different than the previous 30+ years where the GSA and National Archives didn't need to send the FBI?
Why is this a criminal case but it wasn't when it was Reagan, Bush, Clinton, Bush, Obama, Biden (with classified material he kept while a senator, long before becoming CP or Prez)? Or any of the countless members of Congress that have illegally kept classified material unsecured?
They ALL did the same thing.
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There is no “whataboutism” possible when comparing Trump’s hoarding of documents with the other cases you mention.

Upon reading the entire document you linked from the hearing with National Archives employees, it appears that the entire process of keeping track of the documents in each administration varies depending on who is President. The final packing of boxes before leaving the White House is chaotic, with no real oversight. Even though classified documents are clearly marked, they can end up presumably accidentally commingled with unclassified documents.

When the NA realized they were missing three Trump documents that were public knowledge, it took a year to get the box back. They were not told that classified documents were also in that box. (Pg 74, lines 16-24). Trump’s lack of cooperation, storing boxes where members of his club could access them, moving and hiding boxes, claiming he could declassify documents just by thinking it all show that he knew he shouldn’t have those documents and was determined to keep them. THAT is why this is a criminal case, unlike the others who had classified documents mixed in and returned them promptly when asked for them.

JMO
 
Lilibet said:
There is no “whataboutism” possible when comparing Trump’s hoarding of documents with the other cases you mention.

Upon reading the entire document you linked from the hearing with National Archives employees, it appears that the entire process of keeping track of the documents in each administration varies depending on who is President. The final packing of boxes before leaving the White House is chaotic, with no real oversight. Even though classified documents are clearly marked, they can end up presumably accidentally commingled with unclassified documents.

When the NA realized they were missing three Trump documents that were public knowledge, it took a year to get the box back. They were not told that classified documents were also in that box. (Pg 74, lines 16-24). Trump’s lack of cooperation, storing boxes where members of his club could access them, moving and hiding boxes, claiming he could declassify documents just by thinking it all show that he knew he shouldn’t have those documents and was determined to keep them. THAT is why this is a criminal case, unlike the others who had classified documents mixed in and returned them promptly when asked for them.

JMO
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Thank you for expressing clarity regarding this issue. The Government gave Trump so much time to do the right thing and return all of the classified documents but he didn't cooperate- he lied and said he returned them all, when in fact that was not the case.
apnews.com

A timeline of the investigation into Trump's Mar-a-Lago docs

WASHINGTON (AP) — The search of former President Donald Trump' s Mar-a-Lago club for classified documents and other government records may have come as a surprise to the public.
apnews.com apnews.com

This reflects the reality of the situation
 
I shall go ahead [after ALL my hard work] & post this - so I can shorten it up a bit when I put this in my "done" pile...

Monday, July 15th:
*Case Dismissed! (@ am ET) - FL – *Donald John Trump (76/now 78) 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. Plead not guilty in filing of waiver of non appearance & released on own recognizance with no monetary bond (Personal Surety Bond) & no travel restrictions (8/4/23). Southern District of Florida (Miami) Federal Court 9:23-cr-80101-AMC / 23-80101-CR-CANNON-REINHART
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.
Co-Conspirator *Waltine Nauta (41 or 42) 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. Plead not guilty.
Additional indicted & charged (7/27/23) with 2 counts of obstruction of justice. No plea entered & released on his own recognizance with no monetary bond (Person Surety Bond).
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.
Co-Conspirator *Carlos de Oliveira (56) has also been indicted & charged (7/27/23) with 1 count each of obstruction of justice, concealing records & documents & 1 count of making false statements to FBI. He is alleged to have asked what could be done to delete the footage. Plead not guilty (8/15/23). $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
Trial was set to begin on 5/20/24 with Jury Selection has been put on Hold. Govt’’s Proposed trial date 7/8/24. Defense’s Proposed trial date 8/12/84 (for Trump & De Oliveira). And Proposed trial date 9/9/24 (for Nauta). (trial expected to take 2 weeks). Trial will be on Mondays, Tuesdays, Thursdays & Fridays.
Case & court info from 4/2/23 thru 6/23/24 reference post #608 here:
https://www.websleuths.com/forums/t...ice-june-2023-trial-may-2024-2.686530/page-31
6/24/24 Docket update: [641] Paperless ORDER: In accordance with the Court's prior Order [605], the hearing scheduled for 6/25/24, related to Defendant Trump's "Motion for Relief Relating to the Mar-a-Lago Raid & Unlawful Piercing of the Attorney-Client Privilege" [566] will commence in sealed session at 11am to protect materials as to which grand jury secrecy applies and/or as to which Defendant Trump asserts attorney-client privilege and/or work product protection. The hearing will resume in public fashion at approximately 1pm or as soon as otherwise practicable. Signed by Judge Aileen M. Cannon on 6/24/24. [642] Government Exhibits 1 & 2. [643] Paperless ORDER & Minute Entry for Hearings held before Judge Aileen M. Cannon on 6/24/24. The Court heard argument on (1) Defendant Trump's Motion to Dismiss the Indictment Based on the Unlawful Funding of Special Counsel Jack Smith [326] & (2) the Special Counsel's Motion for Modification of Conditions of Release [592]. Special Counsel admitted exhibits without objection [642]. Consistent with the instructions provided in open court, the evidentiary record on this Motion will be open until 6/26/24, for the parties to file any additional evidentiary attachments/exhibits in support of, or in opposition to, the Motion [592]. Any attachments/exhibits shall be docketed as a "Notice of Filing" (separated by exhibits) & limited to specific evidentiary submissions only. No additional briefing will be permitted. Total time in court: 4 hours. Attorney Appearances: James Pearce, Jay I. Bratt, David Harbach, Todd Blanche, Emil Bove, Lazaro Fields, Kendra Wharton, Stanley Woodward, Sasha Dadan, Larry Donald Murrell, Jr. & John S. Irving. Court Reporter: Laura Melton. [644] Memorandum in Opposition by USA as to Trump, Nauta & De Oliveira re [612] Motion to Dismiss [85] Indictment, based on Spoliation of Evidence in Violation of Due Process Replies due by 7/1/24. Exhibit 1-17.
6/20/24 Docket update: [645] Brief In Support of Good Lawgic, LLC's Motion Seeking Leave to Appear Pro Hac Vice & to File Amicus Curiae Brief by Good Lawgic, LLC's. Responses due by 7/8/24.
6/25/24 Docket update: [646] Paperless ORDER denying [645] Motion Seeking Leave to Appear Pro Hac Vice & to File Amicus Curiae Brief in Opposition to Special Counsel's Motion to Modify Conditions of Release [592]. Signed by Judge Aileen M. Cannon on 6/25/24.
6/25/24 Update: Heard arguments on Defendant Trump's Motion for Relief Related to Mar-A-Lago Raid & Unlawful Piercing of Attorney-Client Privilege [566]. New photos have shown the extent of the "clutter" faced by FBI agents, who were forced to search the building in "filter teams" to avoid accidentally viewing top-secret material. The newly revealed photos were included as part of a filing in the federal court case, a response by special counsel Jack Smith in the wake of Mr Trump's efforts to suppress all evidence. Trump has accused agents of moving the order of documents found inside each box. The latest filing called the accusation "merit-less". "Trump personally chose to keep documents containing some of the most highly guarded secrets in cardboard boxes along with a collection of other personally chosen keepsakes of various sizes & shapes from his presidency," the prosecution said. "Newspapers, thank you notes, Christmas ornaments, magazines, clothing & photographs of himself & others. "[Here] the boxes travelled from one readily accessible location to another — a public ballroom, an office space, a bathroom, and a basement storage room. Each room had to first be searched by the Filter Team — dubbed the "Privilege Review Team" in the search warrant. This team would search for "any potentially attorney-client privileged material" so the "Case Team", made up of agents investigating the case, would not be exposed. "If the Filter Team came across any potentially privileged materials, the entire box … was to be segregated away from access by any member of the Case Team," the prosecution said. "[It would be] set aside for later, more thorough inspection by filter agents in the Washington Field Office." If a box was cleared by the Filter Team, it would go back to the Case Team, who would then search it for classified material. During the search, still more agents & an Evidence Response Team set up a workspace to sift through boxes cleared by the Filter Team. Classified documents were "removed" & "segregated", and "replaced with a placeholder sheet" showing where they had been removed. Ultimately, 15 boxes of records were retrieved from Mar-a-Lago, according to the US National Archives. By law, all administration records are required to be handed over to the Archives at the end of a presidency. The mishandled documents case has been indefinitely postponed due to pending pretrial motions & requests by Trump & his co-accused to dismiss the charges.
6/26/24 Update: The Court hereby cancels the partial evidentiary, multi-day hearing on Defendants' Motions to Compel [469] previously scheduled for 6/24-26/24, to be reset by subsequent Order. Defendants are ot required to appear at the June 2024 hearings.
6/26/24 Docket updates: [647] Transcript of Motions as to Trump, Nauta & De Oliveira held on 6/21/24 before Judge Aileen M. Cannon, 1-197 pages, Court Reporter: Laura Melton, Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/24. Redacted Transcript Deadline set for 7/29/24. Release of Transcript Restriction set for 9/24/24. [648] Transcript of Motions - morning session as to Trump, Nauta & De Oliveira held on 6/24/24 before Judge Aileen M. Cannon, 1-90 pages, Court Reporter: Laura Melton. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/24. Redacted Transcript Deadline set for 7/29/24. Release of Transcript Restriction set for 9/24/24. [649] Transcript of Motions - afternoon session as to Trump, Nauta & De Oliveira held on 6/24/24 before Judge Aileen M. Cannon, 1-77 pages, Court Reporter: Laura Melton. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/24. Redacted Transcript Deadline set for 7/29/24. Release of Transcript Restriction set for [650] Transcript of Motions - afternoon session as to Trump, Nauta & De Oliveira held on 6/25/24 before Judge Aileen M. Cannon, 1-81 pages, Court Reporter: Laura Melton. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/17/24. Redacted Transcript Deadline set for 7/29/24. Release of Transcript Restriction set for 9/24/24. [651] Notice of Filing in Opposition to Motion 592 by Trump. Exhibits 1-11. [652] Notice of Filing by USA as to Trump, Nauta & De Oliveira re [638] Reply to Response, [592] Motion to Modify Conditions of Release. Exhibits 1-11.
6/27/24 Docket update: System Entry-Docket Entry 653 restricted/sealed until further notice. [654] Government's Opposition to Request for Response by USA as to Trump. [655] Order Denying Motion for Franks Hearing & Reserving Ruling on Balance of Motion Pending Necessary Factual Development [566]. Signed by Judge Aileen M. Cannon on 6/27/24. [656] Paperless Entry for Hearing held before Judge Aileen M. Cannon on 6/25/24. The Court heard argument on Defendant Trump's "Motion for Relief Related to Mar-A-Lago Raid & Unlawful Piercing of Attorney-Client Privilege" [566]. Morning session conducted under seal to protect materials as to which grand jury secrecy applies and/or as to which Defendant Trump asserts attorney-client privilege or work product protection. Afternoon session reopened to the public. Total time in court: 4 hours. Attorney Appearances: Jay I. Bratt, David Harbach, John M. Pellettieri, Michael Thakur, Todd Blanche, Emil Bove, Lazaro Fields, Kendra Wharton, Stanley Woodward, Sasha Dadan, Larry Donald Murrell, Jr. & John S. Irving. [657] Paperless Order: In light of the extensive, newly submitted materials filed by the Special Counsel & Defendant Trump in support of and/or in opposition to the Special Counsel's Motion to Modify Conditions of Release [592], the Court will permit the parties to file one final supplemental brief in response to those newly submitted materials, not to exceed 10 double-spaced pages, on or before 7/5/24. The Court takes note of the additional court orders included in composite exhibit 11 to the Special Counsel's recently filed Notice [652]. Consistent with the Court's statements during the 6/25/24, afternoon hearing [649], the Court will consider such orders as cited legal authority on the Motion, not as part of the developed evidentiary record in this proceeding & not for the factual findings set forth in those separate proceedings. The evidentiary record on the Motion is closed. Absent leave of Court, no further exhibits shall be attached to the authorized final supplemental briefs. Signed by Judge Aileen M. Cannon on 6/27/24.
6/27/24 Update: In her ruling, the judge, Aileen M. Cannon, said she would hold a hearing to reconsider another judge’s decision to allow prosecutors to pierce the attorney-client privilege of one of rump’s lawyers under what is known as the crime-fraud exception. That provision allows the government to get around the normal protections afforded to a lawyer’s communications with a client if it can prove that legal advice was used to commit a crime. Depending on how Judge Cannon ultimately rules, her decision to redo the fraught & lengthy legal arguments about the crime-fraud exception could deal a serious blow to the obstruction charges in the indictment of Trump. Even if she ends up confirming the initial judge’s findings, holding yet another hearing on the issue will take more time & play into Trump’s strategy of delaying the case from going to trial for as long as possible.
6/28/24 Docket Update: [658] System Entry-Docket Entry 658 restricted/sealed until further notice. [659] Consent Motion for Extension of Time to File Supplemental Expert Disclosures by USA as to Trump, Nauta & De Oliveira. Responses due by 7/12/24.
7/1/24 Docket update: [660] Paperless ORDER granting Consent Motion for Extension of Time to File Rule 16 Expert Disclosures 659. On or before 7/30/24, the Special Counsel shall file supplemental expert disclosures. Signed by Judge Aileen M. Cannon on 7/1/24. [661] Reply to response to Motion by Trump re [612] Motion to Dismiss [85] Indictment, based on Spoliation of Evidence in Violation of Due Process.
7/2/24 Docket update: [662] Speedy Trial Report-Eighteenth Speedy Trial Report by USA as to Trump, Nauta & De Oliveira.
7/5/24 Docket update: [663] Notice of Supplemental Authority re [326] Motion to Dismiss [85] Indictment, Based on the Unlawful Appointment & Funding of Special Counsel Jack Smith, [324] Motion to Dismiss [85] Indictment, Based On Presidential Immunity by Trump. [664] Motion for Leave to File Supplemental Briefing re the Implications of Trump v. United States re [324] Motion to Dismiss [85] Indictment, Based On Presidential Immunity, Motion to Stay Further Proceedings until [324] Motion to Dismiss [85] Indictment, Based On Presidential Immunity & [326] Motion to Dismiss [85] Indictment, Based on the Unlawful Appointment & Funding of Special Counsel Jack Smith, are Resolved by Trump as to Trump, Nauta & De Oliveira. Responses due by 7/19/24. Exhibits A & B. [665[ Response Government's Supplemental Brief re Motion to Modify Conditions of Relief by USA as to Trump/ [666] Response In Opposition to 652 Notice of Filing by USA as to 592 Motion to Modify Conditions of Release by Trump to [652] Notice (Other) [667] Consent Motion for Leave to File Excess Pages by USA as to Trump, Nauta & De Oliveira. Responses due by 7/19/24. [668] Paperless Order granting [667] Special Counsel's Unopposed Motion for Leave to File Overlength CIPA Submission. Signed by Judge Aileen M. Cannon on 7/5/24.
7/6/24 Docket update: [669] Paperless Order temporarily granting in part & reserving ruling in part on Defendant Trump's Motion for Supplemental Briefing on Presidential Immunity & a Partial Stay [664]. In order to allow for full briefing on the Motion, and consistent with the Special Counsel's request for the standard response period, the Court stays the following impending deadlines: Defendants' Rule 16 expert disclosures, currently due 7/8/24; Defendants' reciprocal discovery, currently due 7/18/24; and Special Counsel's CIPA Sections 5-6 submission, currently due 7/10/24, although the Special Counsel may proceed with filing should it so elect. On or before 7/18/24, the Special Counsel shall respond to Defendant Trump's Motion to Stay & Request for Supplemental Briefing on Presidential Immunity. Any reply is due 7/21/24. The Court reserves ruling on the request for additional briefing pending receipt of the Special Counsel's response & Defendants' reply. No other deadlines are impacted by this Order. Signed by Judge Aileen M. Cannon on 7/6/24. [670] Order denying [485] Defendant Nauta's Motion to Dismiss Superseding Indictment for Selective & Vindictive Prosecution. Signed by Judge Aileen M. Cannon on 7/6/24.
7/9/24 Update: Trump is expected to launch a new legal battle to suppress any damaging evidence from his 2020 election-subversion case from becoming public before the 2024 election, preparing to shut down the potency of any “mini-trials” where high-profile officials could testify against him. The plans come after the US supreme court last week in its ruling that broadly conferred immunity on former presidents opened the door for the US district judge Tanya Chutkan to hold evidentiary hearings – potentially with witnesses – to determine what acts in the indictment can survive. In the coming months, Trump’s lawyers are expected to argue that the judge can decide whether the conduct is immune based on legal arguments alone, negating the need for witnesses or multiple evidentiary hearings, people familiar with the deliberations said. If prosecutors with the special counsel Jack Smith press for witnesses such as former vice-president Mike Pence or White House officials to testify, Trump’s lawyers are expected to launch a flurry of executive privilege and other measures to block their appearances. Link to story: Trump plans to block hearings in January 6 case before 2024 election
7/12/24 Docket update: [671] Notice of Supplemental Authority in Response re [663] Notice of Supplemental Authority, by USA as to Trump.
7/15/24 Update: Order Granting Motion to Dismiss Superseding Indictment based on Appointments Clause Violations. U.S. District Judge Aileen Cannon dismissed Trump classified documents case citing unlawful appointment of Special Counsel Jack Smith.
See post #671 (article) here: https://www.websleuths.com/forums/...ice-june-2023-trial-may-2024-2.686530/page-34
 
Correct decision. Judge Cannon clearly found constitutional issues in the appointment by Garland and the appropriations given to Smith, both of which came without the consent of Congress.

abc7ny.com

Judge dismisses Donald Trump's classified documents case

The classified documents case against former President Donald Trump has been dismissed by Judge Aileen Cannon, according to court records.
abc7ny.com abc7ny.com
 
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