{"id":2241942,"date":"2024-05-10T15:29:02","date_gmt":"2024-05-10T19:29:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-prosecutor-misconduct-jeopardizes-another-case\/"},"modified":"2024-05-10T15:32:50","modified_gmt":"2024-05-10T19:32:50","slug":"this-week-in-lawfare-land-prosecutor-misconduct-jeopardizes-another-case","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-prosecutor-misconduct-jeopardizes-another-case\/","title":{"rendered":"This Week in Law: Prosecutor Misconduct Endangers a Case"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthis-week-in-lawfare-land-prosecutor-misconduct-jeopardizes-another-case%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2241942&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>Former President \u2062Donald Trump is making legal strides as the lawfare battle unfolds. In Florida, his\u2062 criminal\u200c case faces delays due to\u200c mishandling of evidence. Meanwhile, in Georgia, efforts\u200b are \u200bunderway to remove the District Attorney. The \u200bManhattan\u200d case remains prominent, with ongoing\u200c court proceedings. Each case\u200b holds \u2062its unique challenges and developments, shaping the legal landscape ahead. Former President\u2064 Donald Trump is navigating legal\u2064 challenges in various states. In Florida, his case encounters delays due to evidence mishandling, while Georgia sees attempts to oust the District Attorney. The Manhattan case continues\u2064 with \u2064significant proceedings, each case presenting\u2062 distinct hurdles and\u2062 progress, shaping \u2064the legal future.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"article-content\">\n<p>As the lawfare crusade continues, former President Donald Trump is racking up significant victories in court. Down in Florida, President Trump secured an indefinite delay in his criminal case involving alleged mishandling of classified documents. This delay was ordered following revelations that Special Counsel Jack Smith and prosecutors mishandled and misrepresented evidence, which is uniquely ironic given the subject matter of the underlying case. <\/p>\n<p>In Georgia, where another criminal case is pending, the Georgia Court of Appeals agreed to hear President Trump\u2019s attempt to remove Democrat District Attorney Fani Willis from the case. The Georgia Court of Appeals is set to consider and decide this issue in the coming weeks.<\/p>\n<div class=\"fdrlst__b89e9-paragraph-2-long d-flex justify-content-center\" style=\"margin-left: auto; margin-right: auto; text-align: center; \" id=\"fdrlst__b89e9-1666860893\">\n<div id=\"div-gpt-ad-1379703300879-0\" class=\"mb-30\"><\/div>\n<\/div>\n<div class=\"fdrlst__b89e9-4f2f095e2157881733fd8a2b9d8547f3 fdrlst__b89e9-paragraph-2\" id=\"fdrlst__b89e9-4f2f095e2157881733fd8a2b9d8547f3\"><\/div>\n<p>It is becoming increasingly likely that the ongoing Manhattan criminal case is the only trial that President Trump will face before the November election. <\/p>\n<p>Here\u2019s the latest information you need to know about each case.<\/p>\n<p><em><a href=\"https:\/\/thefederalist.com\/tag\/last-week-in-lawfare-land\/\" target=\"_blank\" rel=\"noreferrer noopener\">Read our previous installments here.<\/a><\/em><\/p>\n<h2 class=\"wp-block-heading\"><strong>Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this New York state criminal case, Manhattan District Attorney Alvin Bragg \u2014 who The New York Times <a href=\"https:\/\/www.nytimes.com\/2024\/04\/09\/magazine\/alvin-bragg-donald-trump-trial.html\" target=\"_blank\" rel=\"noreferrer noopener\">acknowledged<\/a> had \u201ccampaigned as the best candidate to go after the former president\u201d \u2014 charged former President Donald Trump in April 2023 with 34 felony charges for alleged falsification of business records. <\/p>\n<div class=\"fdrlst__b89e9-8a0c8c242c2a11d49ef743e32e12a51c fdrlst__b89e9-paragraph-6\" id=\"fdrlst__b89e9-8a0c8c242c2a11d49ef743e32e12a51c\"><\/div>\n<p>Trump\u2019s former attorney Michael Cohen paid pornographic film actress Stormy Daniels shortly before the 2016 presidential election as part of a nondisclosure agreement in which she agreed not to publicize her claims that she had an affair with Trump (who denies the allegations). Nondisclosure agreements are not illegal, but Bragg <a href=\"https:\/\/manhattanda.org\/district-attorney-bragg-announces-34-count-felony-indictment-of-former-president-donald-j-trump\/\" target=\"_blank\" rel=\"noreferrer noopener\">claims<\/a> Trump concealed the payment to help his 2016 election chances and in doing so was concealing a \u201ccrime.\u201d <\/p>\n<p>The trial began on April 15, and jury selection was completed on April 19. Judge Merchan, a <a href=\"https:\/\/www.nbcnews.com\/politics\/politics-news\/judge-trumps-new-york-case-appears-donated-15-biden-president-2020-rcna78577\" target=\"_blank\" rel=\"noreferrer noopener\">donor<\/a> to Biden\u2019s campaign and an anti-Trump cause in 2020,\u00a0has issued a gag order on President Trump generally prohibiting him from publicly speaking on possible jurors, witnesses, and other personnel in this case. <\/p>\n<p><strong>Latest developments<\/strong>: This week, the jury heard testimony from porn performer Stormy Daniels, also known as Stephanie Clifford. Daniels and Playboy model Karen McDougal are central to this case because prosecutors allege that former President Trump paid them off and then falsified business records, to prevent negative media stories during his 2016 presidential campaign. Daniels alleges that she had a sexual encounter with President Trump in 2006, but President Trump denies the affair.<\/p>\n<p>On May 8, President Trump\u2019s attorneys cross-examined and discredited Stormy Daniels, highlighting her history of being a pornographer, her strip club <a href=\"https:\/\/www.usatoday.com\/story\/news\/politics\/onpolitics\/2018\/01\/22\/stormy-daniels-trumps-alleged-former-mistress-performs-south-carolina-strip-club\/1053087001\/\" target=\"_blank\" rel=\"noreferrer noopener\">tour<\/a>, and her history of <a href=\"https:\/\/www.ft.com\/content\/7004bd07-212a-463f-be37-dd0c777890f1\" target=\"_blank\" rel=\"noreferrer noopener\">profiting<\/a> off allegations against Trump. That same day, Judge Merchan denied a second attempt by President Trump to dismiss this case for a mistrial. President Trump\u2019s attorneys argued that Stormy Daniels\u2019s testimony was unfairly prejudicial against Trump due to its inconsistencies and unnecessary detail, which could improperly influence the jury. <\/p>\n<div class=\"fdrlst__b89e9-db3aa52bc88c98e6ace0840cd6054e50 fdrlst__b89e9-paragraph-10\" id=\"fdrlst__b89e9-db3aa52bc88c98e6ace0840cd6054e50\"><\/div>\n<p>The jury is soon expected to hear from President Trump\u2019s former personal attorney Michael Cohen, who is the prosecutor\u2019s star witness. Another key witness, Karen McDougal, is not expected to testify.  <\/p>\n<p>Judge Merchan handed the prosecution another win by ruling that former Federal Election Commission Chairman Bradley Smith, an expert on campaign finance-related issues, <a href=\"https:\/\/thefederalist.com\/2024\/05\/07\/trump-trial-judge-censors-federalist-writer-former-fec-chairman-from-sharing-key-defense-facts\/\" target=\"_blank\" rel=\"noreferrer noopener\">is limited as to what he can say in his testimony in the case<\/a>. One of the defenses raised by the president\u2019s legal team is that even if such payments were made, they were not necessarily to influence an election but rather to protect Donald Trump\u2019s name, his brand, and his family. Chairman Smith was expected to testify in support of this theory, as he has long asserted that that \u201calmost anything a candidate does can be interpreted as intended to \u2018influence an election\u2019\u201d but \u201cnot every expense that might benefit a candidate is an obligation that exists solely because the person is a candidate.\u201d But after Judge Merchan\u2019s ruling, Smith can now only testify as to the \u201cgeneral background as to what the Federal [Election] Commission is, background as to who makes up the FEC, what the FEC\u2019s function is, what laws, if any, the FEC is responsible for enforcing, and general definitions and terms that relate directly to this case, such as for example \u2018campaign contribution.\u2019\u201d<\/p>\n<h2 class=\"wp-block-heading\"><strong>Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: The Georgia state criminal case is helmed by District Attorney Fani Willis and her team of prosecutors \u2014 which until recently included Nathan Wade, with whom Willis had an improper romantic relationship. Willis charged Trump in August 2023 with 13 felony counts, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/donald-trump-indicted-fani-willis-says-trump-and-co-conspirators-attempted-to-seize-presidential-term\/\" title=\"Trump indicted: Fani Willis accuses Trump and accomplices of trying to 'take' presidency.\">including racketeering charges<\/a>, related to his alleged attempt to challenge the 2020 election results in Georgia. President Trump is joined by 18 co-defendants, including Rudy Giuliani, Mark Meadows, Sidney Powell, and others. Some of President Trump\u2019s co-defendants have reached plea deals; others have petitioned to have the case removed to federal court, each attempt of which has been denied. A trial date has not yet been set, though prosecutors have <a href=\"https:\/\/www.npr.org\/2023\/11\/17\/1213895254\/trump-georgia-proposed-trial-date\">asked<\/a> for a trial to begin on Aug. 5, just a few short weeks after the Republican National Convention in Milwaukee. <\/p>\n<p><strong>Latest developments<\/strong>: On May 8, the <a href=\"https:\/\/efast.gaappeals.us\/download?filingId=f0b48054-798d-4781-8f95-d1f87666ab6d\" target=\"_blank\" rel=\"noreferrer noopener\">Georgia Court of Appeals agreed to hear<\/a> former President Trump\u2019s attempt to disqualify Democrat District Attorney Fani Willis from the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-judge-criticizes-doj-for-speaking-to-media-amid-ongoing-investigation-into-capitol-riot\/\" title=\"Federal Judge Criticizes DOJ For Speaking To Media Amid Ongoing Investigation Into Capitol Riot\">pending criminal case<\/a> in Georgia. Trial court judge Scott McAfee previously denied President Trump\u2019s attempt to remove Willis from the case, but the Georgia Court of Appeals <a href=\"https:\/\/thefederalist.com\/2024\/05\/08\/georgia-get-trump-lawfare-could-be-tossed-if-appeals-court-rules-willis-disqualified-herself\/\" target=\"_blank\" rel=\"noreferrer noopener\">will now determine whether that denial was permissible<\/a>. <\/p>\n<h2 class=\"wp-block-heading\"><strong>Southern District of Florida: Prosecution by Biden DOJ for Handling of Classified Documents<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/terrorism-homicide-prosecutors-brought-in-to-try-capitol-riot-defendants-for-crimes-like-trespassing\/\" title=\"Terrorism, Homicide Prosecutors Brought In To Try Capitol Riot Defendants For Crimes Like Trespassing\">federal criminal case<\/a>, special counsel Jack Smith and federal prosecutors with Biden\u2019s Justice Department <a href=\"https:\/\/thefederalist.com\/2023\/06\/09\/biden-doj-indicts-former-president-donald-trump-over-classified-documents-squabble\/\">charged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents<\/a> at his Mar-a-Lago residence. The trial was set to begin on May 20, 2024, but this date has now been postponed indefinitely. Additionally, venue matters: The trial is currently set to take place in Fort Pierce, Florida, in a locality that heavily <a href=\"https:\/\/www.politico.com\/2020-election\/results\/florida\/\">backed<\/a> President Trump in the 2020 election. If that remains unchanged, the demographics of the jury pool may result in a pro-Trump courtroom.  <\/p>\n<p><strong>Latest developments: <\/strong>On May 7, Judge Aileen Cannon postponed the trial date indefinitely in this case. In <a href=\"https:\/\/www.courthousenews.com\/wp-content\/uploads\/2024\/05\/trump-cannon-order-trial-date.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">an order<\/a>, Judge Cannon stated \u201cthat finalization of a trial date at this juncture \u2026 would be imprudent and inconsistent with the Court\u2019s duty to fully and fairly consider the various <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-judge-indefinitely-postpones-trumps-classified-documents-trial\/\" title=\"Federal Judge Delays Trump's Classified Documents Trial indefinitely\">pending pre-trial motions<\/a> before the Court.\u201d This delay comes after Special Counsel Jack Smith and other prosecutors <a href=\"https:\/\/thefederalist.com\/2024\/05\/08\/judge-halts-trumps-classified-docs-trial-after-doj-admits-to-evidence-tampering\/\" target=\"_blank\" rel=\"noreferrer noopener\">admitted<\/a> to tampering with evidence, stating \u201cthere are some boxes [of documents seized from Mar-a-Lago] where the order of items within that box is not the same as in the associated scans.\u201d Prosecutors previously represented to the court that the documents were \u201cin their original, intact form as seized.\u201d Judge Cannon also <a href=\"https:\/\/www.foxnews.com\/politics\/new-revelations-florida-documents-trial-put-trump-offense-against-deranged-special-counsel\" target=\"_blank\" rel=\"noreferrer noopener\">recently unredacted documents<\/a> showing the Biden administration\u2019s involvement in this case. <\/p>\n<p>As a result of this indefinite delay, it is unlikely that a trial will occur before the November election. <\/p>\n<h2 class=\"wp-block-heading\"><strong>Washington, D.C.:\u00a0 Prosecution by Biden DOJ for Jan. 6 Speech<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, special counsel Jack Smith and federal prosecutors <a href=\"https:\/\/thefederalist.com\/2023\/08\/03\/jack-smiths-latest-indictment-is-legally-flawed-and-politically-suspect\/\" target=\"_blank\" rel=\"noreferrer noopener\">charged former President Trump in August 2023 with four counts of conspiracy and obstruction<\/a> related to his actions on Jan. 6, 2021. President Trump\u2019s lawyers have argued that immunity extends to actions taken by a president while acting in his official capacity and that, in any event, the First Amendment protects his right to raise legitimate questions about a questionable election process.<\/p>\n<p><strong>Latest developments<\/strong>: This case is currently stalled while awaiting a ruling from the Supreme Court on former President Trump\u2019s immunity claim. <\/p>\n<h2 class=\"wp-block-heading\"><strong>New York: Lawsuit by A.G. Letitia James\u00a0for Inflating Net Worth<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this New York civil fraud case, Democrat Attorney General Letitia James \u2014 who <a href=\"https:\/\/www.washingtonpost.com\/politics\/2018\/12\/19\/new-yorks-next-attorney-general-targeted-slumlords-now-shes-going-after-trump\/\" target=\"_blank\" rel=\"noreferrer noopener\">campaigned<\/a> on going after Trump \u2014 sued former President Trump in September 2022 under a civil fraud statute alleging that he misled banks, insurers, and others about his net worth to obtain loans, although the loans have been paid back and none of the parties involved claimed to have been injured by the deals. <\/p>\n<p>Following a no-jury trial,\u00a0Judge Arthur Engoron \u2014 whom Trump\u2019s lawyers have accused of \u201castonishing departures from ordinary standards of impartiality\u201d \u2014 <a href=\"https:\/\/thefederalist.com\/2024\/02\/16\/trump-fined-350-million-in-democrats-latest-gambit-to-rig-the-2024-election\/\" target=\"_blank\" rel=\"noreferrer noopener\">issued a decision<\/a> on Feb. 16, 2024\u00a0ordering Trump to pay a $454 million penalty. Trump has appealed this decision and posted a required <a href=\"https:\/\/thefederalist.com\/2024\/03\/26\/trumps-reduced-bond-doesnt-make-letitia-james-election-meddling-lawfare-any-less-scandalous\/\" target=\"_blank\" rel=\"noreferrer noopener\">$175 million appeal bond<\/a>. The appeals court plans to hold hearings on the merits of the full case in September 2024. <\/p>\n<p><strong>Latest developments<\/strong>: This case mostly remains on hold.<\/p>\n<div class=\"fdrlst__b89e9-d48fe62acb1b3f5a097661603fdf437c fdrlst__b89e9-after-post-content\" id=\"fdrlst__b89e9-d48fe62acb1b3f5a097661603fdf437c\"><\/div>\n<hr class=\"wp-block-separator\">    \t\t\t\t\t   \t\t\t\t\t\t\t\t\t<\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In the ongoing lawfare battle, ex-President Donald Trump gains court wins. In Florida, he gets a case delay due to mishandled evidence by Special Counsel Jack Smith. This delay stems from alleged mishandling of classified documents<\/p>\n","protected":false},"author":3036,"featured_media":2241943,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/05\/50170207342_e607a728cc_o.jpg","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[],"class_list":["post-2241942","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/05\/50170207342_e607a728cc_o.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2241942","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3036"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2241942"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2241942\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2241943"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2241942"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2241942"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2241942"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}