Don't look now but there's a real dispute emerging among judges in DC about one of the staple charges against nearly every Jan. 6 defendant: Entering and remaining in a restricted building.
Tonight, Judge Cooper acquitted a Jan. 6 defendant of two counts, saying DOJ fell short.
The heart of the dispute: Does DOJ need to show that rioters *knew* Mike Pence (or another USSS protectee) was/would be present to prove someone violated he law. Until recently, judges had all agreed that wasn't necessary.
Cooper (Obama) joins Judges Nichols (Trump) and Lamberth (Reagan) in taking this narrower view of the 18 USC 1752 charges, a misdemeanor that has been leveled against 1,186 of the 1,260-ish Jan. 6 defendants.
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HAPPENING NOW: Trump lawyers and prosecutors began the day with a lengthy sidebar with Justice Merchan, unclear on whaat subject. Cohen cross-examination to resume imminently. politico.com/trumptrial
NEW: Bob Costello, a longtime Giuliani attorney and potential Trump defense witness, used yesterday's trial off-day to savage Michael Cohen in testimony to Congress.
Cohen has accused Costello of being part of a Trump-backed effort to pressure him against "flipping" politico.com/live-updates/2…
COSTELLO said Cohen repeatedly told him in 2018 that he had no evidence to incriminate Trump. Cohen testified Tuesday that he didn't tell Costello what he knew because he didn't trust him. politico.com/live-updates/2…
COHEN begins by talking about a Feb. 2017 meeting with Trump in the Oval Office. He says Trump asked if he was OK for money and emphasized a check would be coming to begin reimbursement for Stormy Daniels payoff.
Prosecutors are now presenting each of the 7 monthly checks Cohen received in 2017 from the Trump Organization. The paperwork said they were for his legal work when in fact, he says, they were to reimburse him for paying off Stormy Daniels. politico.com/trumptrial
I'm taking a turn at the Trump trial today in Manhattan, joining @eorden and @benfeuerherd for what could be the most crucial day of testimony since this began.
NEW: The Arizona grand jury that indicted 18 Trump allies displayed unusual independence and aggressiveness that at times surpassed AG Kris Mayes' prosecutors.
A rare look inside the process that led to last month's indictment.
At least two of the 18 people indicted by the grand jury — Christina Bobb and Jenna Ellis — were told by prosecutors that they weren't targets of the investigation. In Ellis' case, that assurance was reiterated four days before she was charged. politico.com/news/2024/05/1…
One witness described an interview with the grand jury that revealed a panel that was not politically monolithic and had factions of some particularly aggressive jurors with clear opinions and others more skeptical of the lines of questioning. politico.com/news/2024/05/1…
BREAKING: Steve BANNON's conviction for defying the Jan. 6 committee has been upheld by a unanimous three-judge panel of the DC Circuit Court of Appeals.
His four-month jail sentence has been on hold pending this ruling.
Details TK
NEWS: An appeals court rejected Steve Bannon's appeal of his criminal contempt conviction for defying a subpoena the Jan. 6 committee, saying his arguments lacked merit. politico.com/news/2024/05/1…
The 20-page ruling found that Bannon could not reasonably argue that the subpoena for his testimony to the Jan. 6 committee was for an improper purpose.
From afar, I would be surprised if Trump's lawyers don't move for a mistrial when Stormy Daniels is off the stand, given the level of detail Daniels went into that even seemed to bother the judge — and even after he warned prosecutors to steer clear.
That's not to say I think he'll *get* a mistrial. I just expect him to ask for it, given the judge's clear frustrations with the scope of Daniels' testimony.