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Defense Lawyers Seek to Block Special Counsel Report in Trump Documents Case

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Defense Lawyers Seek to Block Special Counsel Report in Trump Documents Case

Defense lawyers asked both the Justice Department and a federal judge on Monday night to stop the special counsel, Jack Smith, from publicly releasing a report detailing his investigation into President-elect Donald J. Trump’s mishandling of classified documents after he left office in 2021.

The two-pronged attempt to block the report’s release arrived as Mr. Trump was only two weeks away from being sworn in for a second term as president. With the case against Mr. Trump already dismissed, the report would essentially be Mr. Smith’s final chance to lay out damaging new details and evidence, if he has any.

Mr. Trump’s lawyers, in an aggressively worded letter to Attorney General Merrick B. Garland, said they had recently been shown a draft copy of Mr. Smith’s report, calling it an example of the special counsel’s “politically motivated attack” against Mr. Trump. They demanded that Mr. Garland not allow Mr. Smith to make the report public and “remove him promptly” from his post.

“The release of any confidential report prepared by this out-of-control private citizen unconstitutionally posing as a prosecutor would be nothing more than a lawless political stunt, designed to politically harm President Trump,” the lawyers wrote. In separate court papers, lawyers for Mr. Trump’s two co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira, sought a more direct path toward stopping the release of Mr. Smith’s report. They asked the judge who oversaw the case, Aileen M. Cannon, to issue an emergency order to bar Mr. Smith from making the report public until the case “has reached a final judgment and appellate proceedings are concluded.”

Both attempts to block Mr. Smith could face an uphill battle.

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Mr. Trump’s lawyers have no power to force Mr. Garland to stop the report from coming out, and their letter amounted to little more than a belligerent request. It is also unclear whether Judge Cannon would have the authority to tell the attorney general how to handle a report by a special counsel that he himself appointed, especially when the case is technically out of her hands and in front of an appeals court.

That happened because Judge Cannon threw out the case in its entirety in July, ruling, in the face of decades of precedent, that Mr. Smith had been unlawfully appointed as special counsel. Mr. Smith and his deputies challenged that decision, and it was being considered by a federal appeals court in Atlanta when Mr. Trump won the election in November.

Citing Justice Department policy against prosecuting a sitting president, Mr. Smith dropped the appeal where Mr. Trump was concerned, effectively ending his role in the case. But he did not drop the appeal against Mr. Nauta and Mr. De Oliveira, and federal prosecutors in Florida now plan to pursue it when Mr. Smith steps down, likely before Inauguration Day on Jan. 20.

Mr. Smith has also moved to dismiss the other federal case he brought against Mr. Trump, accusing him of plotting to overturn the 2020 election. It remains unclear when Mr. Smith plans to file a report in that case and whether it will accompany the report on the documents prosecution or be contained in a separate document.

The effort by Mr. Trump’s lawyers to block the release of the report was only their latest attempt to kill or push back any legal filings or proceedings that might be embarrassing or damaging to the president-elect.

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Earlier on Monday, a state judge in Manhattan rejected Mr. Trump’s most recent attempt to delay his sentencing on 34 felony charges, saying that the hearing would go on as scheduled on Friday.

Justice Department regulations call for all special counsels to file reports to the attorney general explaining why they filed the charges they did, and why they decided not to file any other charges they might have been considering. The attorney general can then decide whether to release the report to the public.

It remains unclear when Mr. Smith was planning to finish his report in the classified documents case. But the lawyers for Mr. Nauta and Mr. De Oliveira said in their court papers that the report was likely to be released “within the next few days.”

Should either or both reports eventually see the light of day, it is possible they will not contain much in the way of new or revelatory information.

The report in the classified documents case could be complicated by the fact that it would likely have to undergo a careful review by the intelligence community for any classified information it contained. The report in the election interference case might not break significant new ground, if only because in October Mr. Smith filed a sprawling, 165-page brief laying out the evidence he planned to offer at trial.

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Still, in their letter to Mr. Garland, Mr. Trump’s lawyers complained that the draft report in the classified documents case said that Mr. Trump had “harbored a ‘criminal design’” and was the “head of the criminal conspiracies” detailed in the indictment. The draft also said, the lawyers wrote, that “Mr. Trump violated multiple federal criminal laws.”

Mr. Trump’s lawyers turned the tables on Mr. Smith, accusing him of “unethical” conduct and “improper activities.” Those accusations had possible implications for future retribution against Mr. Smith, given that two of the lawyers who signed the letter to Mr. Garland, Todd Blanche and Emil Bove, have been chosen by Mr. Trump to serve in high positions in his Justice Department.While Mr. Garland has not said publicly whether he intends to release either report by Mr. Smith, he has done so in the past with other reports by other special counsels.

In February, for example, Mr. Garland permitted the release of a report by the special counsel Robert K. Hur concerning President Biden’s handling of classified materials after he served as vice president. The report concluded that criminal charges were not warranted, but also offered an unflattering assessment of Mr. Biden’s memory and cognitive capacity in the middle of the 2024 presidential campaign.

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Trumpism’s growing split: Bannon vs plutocrats

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Trumpism’s growing split: Bannon vs plutocrats

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To grasp a party’s true values, study its budget. By that test, Donald Trump’s Republicans loathe science, medical research, victims of overseas disasters, food stamps, education for all age groups, healthcare for the poor and clean energy. Each are severely cut. On the other hand, they love the Pentagon, border security, the rich and allegedly those for whom the rich leave tips. They have no desire to reduce America’s ballooning deficit. What Trump wants enacted is the most anti-blue collar budget in memory. Call it Hunger Games 2025. It is an odd way of repaying their voters.

Some Republicans, like Josh Hawley, the rightwing Missouri senator, warn that this budget could “end any chance of us becoming a working-class party”. Steve Bannon, Maga’s original conceptualiser, says the Medicaid cuts will harm Trump’s base. “Maga’s on Medicaid because there’s not great jobs in this country,” says Bannon. The plutocracy is still running Capitol Hill, he adds. It goes against what Trump promised his base — a balanced budget that did not touch entitlements. Indeed, these were the only two fiscal vows he made during the campaign.

In practice, Republicans in the lower chamber have written a plutocratic blueprint. Their bill was temporarily defeated last Friday by a handful of conservative defectors who complained the draft did not cut spending on the poor enough. They wanted to slash Medicare further and end all clean energy incentives. But what they voted against contains most of their priorities. In addition to the renewed Trump tax cuts, the bill would raise the zero inheritance tax threshold to $30mn for a couple. It would also scrap the tax on gun silencers. These are not cuddly people. 

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On the surface, it looks as if Elon Musk is out, while Bannon is still around. But rumours of a divorce between Trump and Musk are exaggerated. More likely is that they are taking a marital break. And to judge by the results so far, Musk’s libertarian fiscal instincts are prevailing over Bannon’s. 

The two agree on “deconstructing the administrative state”, Bannon’s original phrase that Musk operationalised with his so-called Department of Government Efficiency. But Musk is more ruthless in his libertarianism than Bannon is in his economic populism. Musk thinks most federal payouts are fraudulent and that he and other corporate titans are victims of the deep state. That is in spite of the $38bn his companies have received in subsidies and federal contracts. Trump’s budget suits Musk’s tastes. 

Bannon’s blue-collar agenda, on the other hand, takes rhetorical centre stage with Trump but a back seat when it comes to policy. Bannon and a handful of Maga Republicans are opposed to Trump’s tax cuts for the top brackets. He wants a 40 per cent tax on the highest earners. He also wants to regulate Musk and the other big AI titans. “A nail salon in Washington DC has more regulations than these four guys running with artificial intelligence,” Bannon says. But no AI regulation is in sight.

To be fair, some of Bannon’s agenda is going ahead. Trump’s prosecutors are squeezing Mark Zuckerberg’s Meta and attempting to break up Alphabet. But tough settlements could conclude in a Trump shakedown rather than the Silicon Valley trustbusting Bannon wants. The vice-president, JD Vance, appears to side with the anti-monopolists yet is also a protégé of Peter Thiel, who champions a bizarre form of corporate monarchism. My bet is that any adverse ruling against Google or Meta would be a transaction opportunity for Trump. He has no consistent view on competition policy. 

On America’s core economic problems — inequality and the middle-class squeeze — Bannon talks a convincing game. But there are two glitches. The first is that he is a fan of cutting back the Internal Revenue Service, which collects taxes. Few things please Trump’s big donors more than the budget item that slashes IRS funding. Second, Bannon’s call for Trump to suspend habeas corpus so that at least 10mn illegal immigrants can summarily be deported seems likelier to hit home than his pro-middle class economics. Trump militantly agrees with Bannon’s dark side. He pays lip service to the light.  

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Of course, whatever budget is passed by the House of Representatives may be amended in the Senate. But any changes would probably be marginal. People who share Musk’s interests are feeding those of needy Americans into the proverbial woodchipper. Could that potentially split Maga? By the end of Trump’s second hundred days, we will find out how much populist economics matter to Bannon and co. 

edward.luce@ft.com

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The NBA playoffs will end a years-long title drought. The only question is: whose?

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The NBA playoffs will end a years-long title drought. The only question is: whose?

The NBA Conference Finals begin Tuesday. Depending on the outcome, several years-long title streaks will come to an end. (Left to right): Anthony Edwards of the Minnesota Timberwolves, Tyrese Haliburton of the Indiana Pacers, Shai Gilgeous-Alexander of the Oklahoma City Thunder, Jalen Brunson of the New York Knicks

Ellen Schmidt/Getty Images; Lauren Leigh Bacho/NBAE via Getty Images; Garrett Ellwood/NBAE via Getty Images; Brian Fluharty/Getty Images


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Ellen Schmidt/Getty Images; Lauren Leigh Bacho/NBAE via Getty Images; Garrett Ellwood/NBAE via Getty Images; Brian Fluharty/Getty Images

The NBA’s parity era is officially here.

When the postseason’s conference finals begin Tuesday night, four different title droughts are on the line — meaning one of them is guaranteed to come to an end next month when the NBA Finals wrap.

Three of the teams remaining in the playoffs — the Indiana Pacers, the Oklahoma City Thunder, and the Minnesota Timberwolves — have never won a title in their current hometowns. And the fourth team — the New York Knicks — haven’t taken home a championship in more than half a century.

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The New York Knicks have not taken the title since 1973, and it’s been more than 25 years since they reached the Finals. Oklahoma City hasn’t tasted the title series since 2012 — and if you count the achievements of the Seattle SuperSonics before the team moved to Oklahoma in 2008, then the Thunder are the most recent remaining franchise to win it all, with a title in 1979.

The Pacers were a powerhouse in the American Basketball Association in the early 1970s but haven’t won a ring since joining the NBA. The Timberwolves, founded in 1989, have never reached the Finals.

“It’s one of the most wide open years that we’ve seen,” Indiana head coach Rick Carlisle said after the Pacers’ series-clinching win over the Cleveland Cavaliers. “We’ve got to look at this thing as — just being very opportunistic.”

The NBA has long struggled with parity. Since the 1980s, one dynasty has often simply given way to another — from the Boston Celtics and Los Angeles Lakers to the Chicago Bulls to the Lakers again to the Miami Heat to the Golden State Warriors. In total, 23 of the NBA’s 78 champions have been back-to-back winners. Another 14 teams won a title a year after losing in the Finals.

But those numbers have plateaued since 2019, when the Toronto Raptors unseated the Golden State Warriors.

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Pascal Siakam, a 31-year-old forward with the Pacers, got a taste of glory that year. That was his third season in the NBA, and Siakam assumed he’d reach the Finals again with the Raptors, he recalled earlier this month. But the Raptors weren’t able to repeat, and he was traded to the Pacers last year.

“I can sometimes sound like I’m trying to kill the party, where everyone wants to be excited and I’m just like, ‘Man, I want more,’” Siakam said. “We have a real opportunity, and we can’t take it for granted.”

Many of the remaining players are fresh faces, too. This is a Conference Finals round with no Steph Curry, no LeBron James, no Kevin Durant, no Anthony Davis or Russell Westbrook or James Harden.

Instead, the four teams are fronted by a younger generation of superstars: 28-year-old Jalen Brunson (New York), 26-year-old Shai Gilgeous-Alexander (Oklahoma City), 25-year-old Tyrese Haliburton (Indiana) and 23-year-old Anthony Edwards (Minnesota).

Gilgeous-Alexander was still in high school when the Thunder last reached the Conference Finals. Ahead of last Sunday’s series-deciding Game 7 against Denver, he said afterward that the pressure had started to feel intense.

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“I turned my phone off, honestly. I wanted to, as best as I could, block out all the noise,” Gilgeous-Alexander said after the Thunder’s clinching win over Denver. “The nerves sat in my stomach for the two days [off].”

The Thunder and Timberwolves tip off for Game 1 of the Western Conference Finals on Tuesday at 8:30 p.m. ET. On Wednesday, the Pacers and the Knicks open the Eastern Conference Finals. The winners of each best-of-seven series will advance to the NBA Finals, which begin June 5.

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Maps: 3.8-Magnitude Earthquake Strikes Southern California

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Maps: 3.8-Magnitude Earthquake Strikes Southern California

Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

A minor, 3.8-magnitude earthquake struck in Southern California on Monday, according to the United States Geological Survey.

The temblor happened at 12:09 p.m. Pacific time about 15 miles south of Bakersfield, Calif., data from the agency shows.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

Aftershocks in the region

An aftershock is usually a smaller earthquake that follows a larger one in the same general area. Aftershocks are typically minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

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Quakes and aftershocks within 100 miles

Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

When quakes and aftershocks occurred

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Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Monday, May 19 at 3:14 p.m. Eastern. Aftershocks data is as of Monday, May 19 at 4:24 p.m. Eastern.

Maps: Daylight (urban areas); MapLibre (map rendering); Natural Earth (roads, labels, terrain); Protomaps (map tiles)

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