"Pro-Trump Lawyer Tells Georgia Judge ‘Less Than Two Months’ of Legal Advice Isn’t Racketeering"

Ken Chesebro's lawyers attack what scholar @RDEliason flagged as a possible problem with the RICO charge: continuity, e.g. the time element. @TheMessenger

themessenger.com/politics/ken-c… In 1989, SCOTUS helped define what a substantial period of time was for the "continuity" requirement in federal racketeering cases.

"Predicate acts extending over a few weeks or months, and threatening no future criminal conduct, do not satisfy this requirement."

Trump and NYAG don't agree on much in the civil fraud case, but both sides' lawyers landed on the same expression in court this morning: "through the looking glass."

For NYAG, it's Trump rejecting "objective truth."

Morning session recap, @TheMessenger
themessenger.com/politics/trump… For Trump's lawyers, it's the case itself, and attorney Christopher Kise ended the morning session complaining NYAG failed to recognize his client's "investment genius" to arrive at her fraud allegations.

Over in appeals court, Trump’s legal team wants to stop the proceedings and challenge certain rulings by the trial judge, who previously found Trump in contempt.

The court temporarily paused the case, and NYAG urged it to reverse course.

The latest themessenger.com/politics/trump… The hearing has begun.

Manhattan Supreme Court Justice Arthur Engoron describes the background of the case.

Now

A federal judge finds that Philly Proud Boys chapter leader Zachary Rehl perjured himself at trial by falsely denying using chemical spray on police.

He applies a sentencing enhancement at Rehl's ongoing sentencing. Assistant U.S. Attorney Erik Kenerson is up, citing the "legacy of creating fear, creating fear, and shaking confidence in institutions" as reasons for a stiff sentence.

Good morning from Washington, D.C.

The sentencing hearing has begun in the case of Proud Boy Joe Biggs, who enters in an orange jumpsuit. He sits at the defense table will his attorney Norm Pattis, who also reps Alex Jones.

I'm covering the hearing for @TheMessenger. Judge Timothy Kelly:

"The mob brought an entire branch of government to heel," disrupting the certification of the 2020 election for hours.

NEW

DA Willis wants to advise all of the defendants in the Trump racketeering case that decisions by Ken Chesebro and Sidney Powell to invoke speedy trial rights come with certain consequences.

The filing starts with four.

Background, @TheMessenger themessenger.com/politics/trump…
"By filing a statutory speedy trial demand, the Defendants elected to proceed to trial without the benefit o f the type of prior notice of the State's discovery and similar transaction evidence that would have otherwise been afforded to them."

Full filing and analysis soon.

Good morning from Washington, D.C.

Trump's attorneys and prosecutors are in federal court again today, arguing over a trial date.

Last time, Judge Chutkan warned Trump that "inflammatory" statements may force her to speed up trial.

Trump just called feds "Fascist thugs." I'll be covering the proceedings from the federal courthouse today for @TheMessenger.

Read up on the attorneys' arguments preceding today's hearing here. themessenger.com/politics/donal…

Good morning from the E. Barrett Prettyman Courthouse in Washington, D.C.

Trump’s lawyers will square off with prosecutors in the first substantive face-off in his Jan. 6 criminal case, over the ground rules for handling evidence.

Preview, @TheMessenger themessenger.com/politics/trump… A few things to keep in mind:

* There's no question over *whether* Trump will be under a protective order, only over the *scope* of the order.

* Despite Trump's public comments, his attorneys do not oppose one.

* Protective orders are routine in criminal cases.

NEW

Special Counsel Jack Smith hits back on the proposed protective order.

Trump’s legal team wants “try his case in the media rather than the courtroom.”

Background, @TheMessenger https://t.co/TLpCwLotmOthemessenger.com/politics/trump…
Prosecutors' reply extensively quotes John Lauro's media tour over the weekend, on CNN, ABC, NBC, CBS and Fox.

Good morning from D.C. Federal Court, where the line formed late afternoon yesterday — then moved overnight to make way for security barricades — for former President Trump’s arraignment at today 4pm.

Before and after shots.

Covering live.

Standby for news, @TheMessenger

Trump has arrived at the federal courthouse, my colleague @Alec_Dent observes.

Our latest, also with reporting by @dsamuelsohn and me at @TheMessenger, themessenger.com/politics/trump…

Trump's first pretrial hearing in the classified docs case ended without a ruling.

Though she didn't set a date, Judge Cannon signaled that working a trial around the presidential election wasn't her top consideration.

DEVELOPING, @TheMessenger themessenger.com/politics/trump… Cannon also appeared inclined to call the case complex, a designation prosecutors opposed. She shot down attempts from both parties to discuss the political backdrop to the hearing.

The volume and complexity of discovery would be more helpful factors, she said.

Coming soon:

I’m joining as senior legal correspondent for @TheMessenger, an outlet with an impressive number of scoops a month into its existence.

That record comes from a cavalry of reporters and editors of known integrity, experience and caliber, some 200-strong and growing. To name just two exclusives:

* @BenFeuerherd, a fellow SDNY beat long-timer, broke the story that another person was indicted with Trump in Florida.

* @MarcCaputo seems to be the first to get Trump on record about whether he preemptively pardoned himself. (No, Trump insists.)

Good afternoon from New York.

Attorneys for Jeffrey Epstein survivors head for a hearing today arguing that a federal judge should certify their lawsuit against JPMorgan as a class action.

I'm covering the proceedings for @lawcrimenews.

Background: lawandcrime.com/jeffrey-epstei… The hearing is beginning.

The victims' attorney Sigrid McCawley, currently representing only Jane Doe, notes her appearance.

Senior U.S. District Judge Jed Rakoff begins questioning.

"'It’s certainly not a gag order': Trump can speak about criminal case before trial set for next year, judge says"

Two main upshots of hearing:

* Trial date set for next year.
* Trump assured of his right to speak about it.

DEVELOPING, @lawcrimenews
lawandcrime.com/trump/its-cert… When the judge entered the protective order earlier this month, there was a lot of misreporting and spin about it.

Depending on their political leanings, folks wanted to celebrate it or denounce it as a gag order.

It wasn't one, and nobody asked for one, with good reason.

Good afternoon from Manhattan.

Trump is expected to appear *virtually* this afternoon in Manhattan Criminal Court a hearing for his hush-money criminal case. (Everyone else will be live.)

I'll be covering the case for @lawcrimenews. People v. Trump hearing begins.

Susan Necheles notes her appearance.

Trump is seen on a screen seated next to his attorney, Todd Blanche.

"On the cusp of jury deliberations, former President Donald Trump lied on Truth Social that he was 'not allowed to speak or defend' himself in E. Jean Carroll’s civil rape case."

The post, the context, and the potential fallout, @lawcrimenews
lawandcrime.com/live-trials/e-… E. Jean Carroll brings up this Truth Social post, now.

Good morning from New York.

A judge is preparing to instruct the jury in E. Jean Carroll v. Trump, before deliberations officially begin.

Verdict watch begins soon, @lawcrimenews. For those asking — and as the judge will instruct the jury — yes, the verdict must be unanimous.

This is a federal court civil case, and civil verdicts in other jurisdictions do not require unanimity.

Judge Kaplan is explaining the Adult Survivors Act.

Good morning from New York.

Before closing arguments kick off in E. Jean Carroll v. Trump, the attorneys are hashing out jury instructions at a pre-trial conference.

Follow along at @lawcrimenews. One issue that Trump lost already:

His attorneys objected to an instruction on the ex-president's financial condition, arguing the jury received no evidence about it.

Carroll's team argued that the jury heard evidence that Trump's a "star" and business owner.

Judge agreed.

New—

E. Jean Carroll's lawyers want the judge to instruct jurors that there's no evidence in the record that a Law & Order SVU episode referring to a rape inside Bergdorf Goodman "actually exists."

The proposed instruction.

Background: lawandcrime.com/live-trials/e-… During cross-ex, Trump's lawyer Joe Tacopina grilled E. Jean Carroll about an email she received about the episode. She denied watching it.

So that email, her attorneys say, is "hearsay." It's also the only exhibit about that episode.

Here's the upshot.

E. Jean Carroll rests her case. Before that moment

A federal judge sustained an objection to the admission of a piece of evidence E. Jean Carroll's team wanted to introduce into evidence.

The judge says Carroll can try introducing it again "in the event that Mr. Trump, for any reason, testifies in this case."

Finally, an expert offers a damages estimate in E. Jean Carroll v. Trump:

$368,183.78 (low) to $2,763,107.82 (high)

That's before punitive damages, @lawcrimenews Carroll's legal team coyly avoided assigning a damages estimate at trial, until now.

We still need to find out their final ask for other category of damages.