Adam Klasfeld Profile picture
Feb 17, 2022 10 tweets 3 min read Read on X
"Judge Refuses to Quash Subpoenas and Depositions for Donald Trump and His Children: It Would Be a 'Blatant Dereliction of Duty' Not to Investigate"

DEVELOPING story, with the 8-page ruling inside:
lawandcrime.com/high-profile/j… via @lawcrimene
This is an absolutely blistering ruling.

Some highlights once I give the story an update. In the meanwhile, give the order inside the story a read.
Earlier this morning, Trump's lawyers argued that the civil probe was essentially a way to extract information without having to offer immunity that a grand jury would afford in a criminal investigation.

Engoron: "This argument completely misses the mark."
Engoron:

Trump and his children have the "absolute right" to assert Fifth Amendment right against self-incrimination.

Eric Trump did it more than 500 times, he notes.
Justice Engoron:

Trump was "hardly a stranger" to the NYAG's office when Tish James took over.

Her predecessors reached significant settlements with Trump's "University" and "Foundation," the judge says—his scare quotes.
Engoron:

The thousands of documents responsive to the subpoenas that I've viewed privately show "significant basis" for continuing the investigation, undercutting notion that it's based on animus rather than facts and law.
Engoron:

"As has often been said, that a prosecutor dislikes someone does not prevent a prosecution."
Engoron:

It would have been "blatant dereliction of duty" not to investigate and issue subpoenas.
Engoron:

Trump's spin on Mazars ditching him is Orwellian, "audacious" and "preposterous."
Engoron:

NYAG found "copious evidence of possible financial fraud."

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More from @KlasfeldReports

Jul 2
Trump's sentencing in New York has been postponed in the wake of the SCOTUS immunity decision.

Justice Merchan has rescheduled it for Sept. 18.

Doc nycourts.gov/LegacyPDFS/pre…
Image
Explainer

Trump's lawyers agree that he isn't immune from prosecution in his N.Y. case, but they argued before trial that prosecutors shouldn't be allowed to use evidence tied to his official acts.

In April, Merchan rejected that motion as "untimely." nycourts.gov/LegacyPDFS/pre…
Image
On appeal, Trump's lawyers must argue:

* Merchan had it wrong that Trump brought his motion too late.

* That Trump's tweets and other records from the time of his presidency shown to the jury were "official acts."

* Prosecutors wrongly used that evidence to convict him. Image
Read 4 tweets
Jun 23
Just in

On Friday, Trump's lawyer argued that ex-AG Bill Barr only appointed Senate-confirmed US Attorneys as special counsel.

Jack Smith just contradicted that in a supplemental briefing showing three of Barr's special counsel picks from 1991 and 1992. Image
In the same briefing, Smith provided a list of statutes that appear to use "officials" to include inferior officers who don't require the advice and consent of the Senate.

It's quite long, and it rebuts Team Trump's claim that "officials" means something else.
Image
Image
Judge Cannon invited prosecutors to file this brief backing up their arguments defending the special counsel's constitutional authority at the end of Friday's proceedings.

You can read it in full here.

documentcloud.org/documents/2477…
Read 4 tweets
May 30
Justice Merchan:

"We, the jury, have a verdict."
The judge announced he was going to excuse the jury before he received and read that jury note.
Alina Habba enters the courtroom and sits in the front row.
Read 4 tweets
May 29
Good morning from New York.

After a Manhattan judge delivers his instructions, a jury of Trump's peers will begin a historic process: deliberations to determine whether to convict a former U.S. president of felonies.

As always, I will be reporting live from the courtroom. 🧵
Trump has entered the courtroom, followed by his entourage.

The daily photography session has begun.

Manhattan District Attorney Alvin Bragg, who has appeared only occasionally, is not in the courtroom this morning.
"All rise."

The jury is entering, and some appear more dressed up than usual — ready to work.

Justice Merchan tells them that he will now instruct them on the law.
Read 18 tweets
May 28
Good afternoon from New York.

Before lunch, Justice Merchan dressed down Trump's lawyer for his "outrageous" comment about prosecutors trying to put his client in prison.

He'll instruct the jury that potential punishment should factor into decision.

Separate thread. 🧵
Before the prosecution's summation begins, Assistant DA Susan Hoffinger note there's another reason that Blanche also should have been on notice earlier.

The judge precluded the defense from discussing potential punishment in a pre-trial ruling. nycourts.gov/LegacyPDFS/pre…
Image
Blanche has no objection to the curative instruction that prosecutors drafted.

I'm connecting the two threads, for defense and prosecution summations, here.
Read 169 tweets
May 28
Good morning from New York.

Some 20 prosecution and two defense witnesses later, the evidentiary record of Trump’s historic criminal trial has closed.

Now, closing arguments are ahead.

As always, I’ll cover the proceedings live from the courtroom. 🧵
How are the arguments likely to pan out?

Throughout the trial, prosecution and defense attorneys have telegraphed their arguments based on the evidence.

@NormEisen and I hashed it out in a @Just_Security guide on what to expect. justsecurity.org/96153/trump-tr…
Prosecutors walk into the courtroom, led by Assistant DA Joshua Steinglass carrying a box of files.

Steinglass is expected to deliver summations, once the prosecution goes up.
Read 123 tweets

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