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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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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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Supreme Court blocks redrawing of New York congressional map, dealing a win for GOP

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Win McNamee/Getty Images

The Supreme Court on Monday intervened in New York’s redistricting process, blocking a lower court decision that would likely have flipped a Republican congressional district into a Democratic district.    
  
At issue is the midterm redrawing of New York’s 11th congressional district, including Staten Island and a small part of Brooklyn. The district is currently held by a Republican, but on Jan. 21, a state Supreme Court judge ruled that the current district dilutes the power of Black and Latino voters in violation of the state constitution.  
  
GOP Rep. Nicole Malliotakis, who represents the district, and the Republican co-chair of the state Board of Elections promptly appealed to the U.S. Supreme Court, asking the justices to block the redrawing as an unconstitutional “racial gerrymander.” New York’s congressional election cycle was set to officially begin Feb. 24, the opening day for candidates to seek placement on the ballot.  
  
As in this year’s prior mid-decade redistricting fights — in Texas and California — the Trump administration backed the Republicans.   
 
Voters and the State of New York contended it’s too soon for the Supreme Court to wade into this dispute. New York’s highest state court has not issued a final judgment, so the voters asserted that if the Supreme Court grants relief now “future stay applicants will see little purpose in waiting for state court rulings before coming to this Court” and “be rewarded for such gamesmanship.” The state argues this is an issue for “New York courts, not federal courts” to resolve, and there is sufficient time for the dispute to be resolved on the merits. 
  
The court majority explained the decision to intervene in 101 words, which the three dissenting liberal justices  summarized as “Rules for thee, but not for me.” 
 
The unsigned majority order does not explain the Court’s rationale. It says only how long the stay will last, until the case moves through the New York State appeals courts. If, however, the losing party petitions and the court agrees to hear the challenge, the stay extends until the final opinion is announced. 
 
Dissenting from the decision were Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. Writing for the three, Sotomayor  said that  if nonfinal decisions of a state trial court can be brought to highest court, “then every decision from any court is now fair game.” More immediately, she noted, “By granting these applications, the Court thrusts itself into the middle of every election-law dispute around the country, even as many States redraw their congressional maps ahead of the 2026 election.” 

Monday’s Supreme Court action deviates from the court’s hands-off pattern in these mid-term redistricting fights this year. In two previous cases — from Texas and California — the court refused to intervene, allowing newly drawn maps to stay in effect.  
  
Requests for Supreme Court intervention on redistricting issues has been a recurring theme this term, a trend that is likely to grow.  Earlier last month  the high court allowed California to use a voter-approved, Democratic-friendly map.  California’s redistricting came in response to a GOP-friendly redistricting plan in Texas that the Supreme Court also permitted to move forward. These redistricting efforts are expected to offset one another.     
   
But the high court itself has yet to rule on a challenge to Louisiana’s voting map, which was drawn by the state legislature after the decennial census in order to create a second majority-Black district.  Since the drawing of that second majority-black district, the state has backed away from that map, hoping to return to a plan that provides for only one majority-minority district.    
     
The Supreme Court’s consideration of the Louisiana case has stretched across two terms. The justices failed to resolve the case last term and chose to order a second round of arguments this term adding a new question: Does the state’s intentional creation of a second majority-minority district violate the constitution’s Fourteenth and Fifteenth Amendments’ guarantee of the right to vote and the authority of Congress to enforce that mandate?    
Following the addition of the new question, the state of Louisiana flipped positions to oppose the map it had just drawn and defended in court. Whether the Supreme Court follows suit remains to be seen. But the tone of the October argument suggested that the court’s conservative supermajority is likely to continue undercutting the 1965 Voting Rights Act.   

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Map: Earthquake Shakes Central California

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Map: Earthquake Shakes Central 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 earthquake with a preliminary magnitude of 3.5 struck in Central California on Monday, according to the United States Geological Survey.

The temblor happened at 7:17 a.m. Pacific time about 6 miles northwest of Pinnacles, 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.

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, March 2 at 10:20 a.m. Eastern. Aftershocks data is as of Monday, March 2 at 11:18 a.m. Eastern.

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US says Kuwait accidentally shot down 3 American jets

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US says Kuwait accidentally shot down 3 American jets

The U.S. and Israel have been conducting strikes against targets in Iran since Saturday morning, with the aim of toppling Tehran’s clerical regime. Iran has fired back, with retaliatory assaults featuring missiles and drones targeting several Gulf countries and American bases in the Middle East.

“All six aircrew ejected safely, have been safely recovered, and are in stable condition. Kuwait has acknowledged this incident, and we are grateful for the efforts of the Kuwaiti defense forces and their support in this ongoing operation,” Central Command said.

“The cause of the incident is under investigation. Additional information will be released as it becomes available,” it added.

In a separate statement later Monday, Central Command said that American forces had been killed during combat since the strikes began.

“As of 7:30 am ET, March 2, four U.S. service members have been killed in action. The fourth service member, who was seriously wounded during Iran’s initial attacks, eventually succumbed to their injuries,” it said.

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Major combat operations continue and our response effort is ongoing. The identities of the fallen are being withheld until 24 hours after next of kin notification,” Central Command added.

This story has been updated.

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