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Read the Special Counsel’s Filing
Case 1:23-cr-00257-TSC Document 278 Filed 11/08/24
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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Page 1 of 1
UNITED STATES OF AMERICA
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CRIMINAL NO. 23-cr-257 (TSC)
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V.
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DONALD J. TRUMP,
Defendant.
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GOVERNMENT’S UNOPPOSED MOTION TO VACATE BRIEFING SCHEDULE
As a result of the election held on November 5, 2024, the defendant is expected to be
certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025. The
Government respectfully requests that the Court vacate the remaining deadlines in the pretrial
schedule to afford the Government time to assess this unprecedented circumstance and determine
the appropriate course going forward consistent with Department of Justice policy. By
December 2, 2024, the Government will file a status report or otherwise inform the Court of the
result of its deliberations. The Government has consulted with defense counsel, who do not object
to this request.
By:
Respectfully submitted,
JACK SMITH
Special Counsel
/s/Molly Gaston
Molly Gaston
Thomas P. Windom
Senior Assistant Special Counsels
950 Pennsylvania Avenue NW
Room B-206
Washington, D.C. 20530
News
Minnesota citizens detained by ICE are left rattled, even weeks later
Aliya Rahman is detained by federal agents near the scene where Renee Macklin Good was fatally shot by an ICE officer on Jan. 13 in Minneapolis.
Adam Gray/AP
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Adam Gray/AP
It’s a video many saw on social media soon after it happened: Officers with Immigration and Customs Enforcement, or ICE, dragging a woman out of her car and forcing her to the ground.
The woman in the video is Aliya Rahman, a Bangladeshi-American and a U.S. citizen. The day she was arrested, Rahman was on her way to the doctor, when she came across an ICE operation and a group of people protesting. She said the ICE officers told her to move her car, but the scene was chaotic and she received multiple instructions at once.
The Department of Homeland Security said in an earlier statement they arrested Rahman because she “ignored multiple commands.” But Rahman, who is autistic and also recovering from a traumatic brain injury, says it sometimes takes her a moment to understand auditory commands. Before she knew it, the officers were carrying her away by her limbs.

“I thought I might well die,” Rahman said. She was placed in an SUV with three ICE officers.
“I heard the laughing driver radio in, ‘we’re bringing in a body,’” she recalled. It took her a second to realize they meant her.
In recent days, federal officials have signaled a willingness to reduce the large number of immigration agents in Minnesota, though they say any decrease will depend on state and local cooperation. Even if a draw-down occurs, they’ll leave behind a changed community, including many citizens questioned and detained by immigration officers in recent weeks.
Rahman was taken to the Whipple Federal Building in Minneapolis, where immigration agents have brought detainees before releasing them or sending them out of state. While at Whipple, Rahman experienced a severe headache, and asked for medical care for more than an hour. Eventually, she passed out. She says she woke up in a downtown hospital, where doctors told her she had suffered a concussion.
Her arrest was more than two weeks ago, but she can’t shake the fear.
“I do not feel safe being in my own home, driving these streets,” she said. “And even then, I am in a significantly better place than a lot of the other folks who have been detained.”

Rahman is far from the only U.S. citizen in Minnesota with such a story.
ChongLy Scott Thao, a Hmong man and U.S. citizen, was pulled from his home wearing only sandals, underwear and a blanket around his shoulders. Thao said the immigration agents drove him “to the middle of nowhere” and photographed him. He told reporters he feared they would beat him. They later brought him back to his house.
Mubashir Khalif Hussen, a Somali-American and U.S. citizen, also was detained by ICE.
“I wasn’t even outside for mere seconds before I seen a masked person running at me full speed,” Hussen said at a news conference last month. “He tackled me. I told him, ‘I’m a U.S. citizen.’ He didn’t seem to care. He dragged me outside to the snow while I was handcuffed, restrained, helpless and he pushed me to the ground.”
Hussen is now suing the Trump administration as part of a class action lawsuit, accusing it of racial profiling. According to the lawsuit, ICE eventually released Hussen outside the Whipple building, telling him to walk the seven miles back to where they detained him.
In a statement to NPR, the Department of Homeland Security said “allegations that ICE engages in ‘racial profiling’ are disgusting, reckless and categorically FALSE.”

But Walter Olson, a senior fellow with the Cato Institute, a libertarian think tank, says many legal experts are coming to a different conclusion.
“This is no longer just a series of accidents that could have been due to someone being badly trained or being a bad apple. This is a systematic assault on constitutional rights,” he said.
The Fourth Amendment protects people from being stopped without reasonable suspicion and arresting without probable cause, a higher standard. Courts in the U.S. have decided skin color alone does not meet either bar.
Last fall, however, the Supreme court ruled that “apparent ethnicity” could be used to determine reasonable suspicion, as long as there were other factors too. Legal experts say the decision may give ICE more discretion.
Olson says even if the Minnesota immigration crackdown eases, these same concerns could arise elsewhere. He noted that judges ruled against the federal government during its crackdowns in Los Angeles, Chicago and Portland.
“And they were not led to call off or rethink the campaign. They just regrouped and came back to another state,” Olson said.
Even citizens who were not arrested but still questioned are rattled after run-ins with immigration officers. Luis Escoto, the owner of El Taquito Taco Shop in West St. Paul, said immigration agents surrounded his wife Irma’s car in their restaurant’s alley when she went out to get more lettuce before the dinner hour. Escoto ran outside.
Luis Escoto poses for a portrait inside of his restaurant, El Taquito in West St. Paul, Minnesota.
Jaida Grey Eagle for NPR
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Jaida Grey Eagle for NPR
“I said, ‘Hey, hold on. That’s just my wife,’” Escoto said. “They said, ‘We need proof of U.S. citizenship,’ and I said, ‘She’s a U.S. citizen.’”
Luis and Irma Escoto are both citizens. Escoto showed one of the officers their passport cards, which he still had in his wallet after a recent trip to Mexico.
“He said, ‘Well, next time she should carry that all the time, because if she doesn’t have proof of citizenship we’re going to arrest her,’” Escoto recalled.
The immigration agents left. But weeks later, Escoto is still shaken and angry. Some of his customers are now escorting him and his wife home each night when the restaurant closes.
When he became a citizen 35 years ago, Escoto said he was nervous because the government took away his green card. He asked the judge about it.
Irma Escoto poses for a portrait inside of her restaurant, El Taquito in West St. Paul, Minnesota.
Jaida Grey Eagle for NPR
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Jaida Grey Eagle for NPR
“I said, ‘Sir, what happens if the immigration officers stop me?’ And he said ‘Well, today you’re proud to be a United States citizen,’” Escoto said.
The judge told him you don’t need documentation when you’re a citizen. But now, Escoto said, that doesn’t seem so true anymore.
News
Democrat Taylor Rehmet wins a reliably Republican Texas state Senate seat, stunning GOP
Democrat Taylor Rehmet won a special election for the Texas state Senate on Saturday, flipping a reliably Republican district that President Donald Trump won by 17 points in 2024.
Rehmet, a labor union leader and veteran, easily defeated Republican Leigh Wambsganss, a conservative activist, in the Fort Worth-area district. With almost all votes counted, Rehmet had a comfortable lead of more than 14 percentage points.
“This win goes to everyday working people,” Rehmet told supporters.
His victory added to Democrats’ record of overperforming in special elections so far this cycle. Democrats said it was further evidence that voters under the second Trump administration are motivated to reject GOP candidates and their policies.
Democratic National Committee Chairman Ken Martin called it “a warning sign to Republicans across the country.”
The seat was open because the four-term GOP incumbent, Kelly Hancock, resigned to take a statewide office. Hancock easily won election each time he ran for the office, and Republicans have held the seat for decades.
The district is redder than its home, Tarrant County. Trump won the county by 5 points in 2024, but Democratic President Joe Biden carried it in 2020 by about 1,800 votes out of more than 834,000 cast.
Trump posted about the race on his social media platform earlier Saturday, urging voters to get out to support Wambsganss. He called her a successful entrepreneur and “an incredible supporter” of his Make America Great Again movement.
But Rehmet had support from national organizations, including the DNC and VoteVets, a veterans group that said it spent $500,000 on ads. Rehmet, who served in the Air Force and works as a machinist, focused on lowering costs, supporting public education and protecting jobs.
Democrats have been encouraged by their performance in elections since Trump took office. In November, the party dominated the first major Election Day since his return to the White House, notably winning governor races in Virginia and New Jersey.
Democratic candidates also have won special elections in Kentucky and Iowa. And while Republican Matt Van Epps won a Tennessee special election for a U.S. House seat, the relatively slim margin of victory gave Democrats hope for this fall’s midterms.
Rehmet’s victory allows him to serve only until early January, and he must win the November general election to keep the seat for a full four-year term. The Texas Legislature is not set to reconvene until 2027, and the GOP still will have a comfortable majority.
News
Judge says she won’t halt the immigration enforcement surge as a lawsuit proceeds
A photo of Renee Good is displayed in front of a home on Saturday, Jan. 31, 2026, in Minneapolis.
Alex Brandon/AP
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Alex Brandon/AP
MINNEAPOLIS — A federal judge says she won’t halt the immigration enforcement surge in Minnesota and the Twin Cities as a lawsuit over it proceeds.
Judge Katherine M. Menendez on Saturday denied a preliminary injunction sought in a lawsuit filed this month by state Attorney General Keith Ellison and the mayors of Minneapolis and St. Paul.
It argued that the Department of Homeland Security is violating constitutional protections. The lawsuit sought a quick order to halt the enforcement action or limit its scope. Lawyers with the U.S. Department of Justice have called the lawsuit “legally frivolous.”
The ruling on the injunction focused on the argument by Minnesota officials that the federal government is violating the Constitution’s 10th Amendment, which limits the federal government’s powers to infringe on the sovereignty of states. In her ruling, the judge relied heavily on whether that argument was likely to ultimately succeed in court.
The federal government argued that the surge, dubbed Operation Metro Surge, is necessary in its effort to take criminal immigrants off the streets and because federal efforts have been hindered by state and local “sanctuary laws and policies.” State and local officials argued that the surge is retaliation after the federal government’s initial attempts to withhold federal funding to try to force immigration cooperation failed.
“Because there is evidence supporting both sides’ arguments as to motivation and the relative merits of each side’s competing positions are unclear, the Court is reluctant to find that the likelihood-of-success factor weighs sufficiently in favor of granting a preliminary injunction.”

U.S. Attorney General Pam Bondi took to social media Saturday to laud the ruling, calling it “another HUGE” legal win for the Justice Department on X.
Federal officers have fatally shot two people on the streets of Minneapolis: Renee Good on Jan. 7 and Alex Pretti on Jan. 24.
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