NEW YORK — Donald Trump on Monday sought to delay his New York criminal trial, scheduled to start March 25, with claims related to presidential immunity, which several legal experts described as an attempt at distraction unlikely to work on the judge overseeing the case.
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Trump seeks delay in N.Y. trial pending Supreme Court hearing on immunity
The New York trial is expected to be the first of four possible criminal trials against Trump, marking the first time a former U.S. president has faced such a charge. Trump, who is campaigning for reelection, appears the likely Republican nominee to challenge Biden in the 2024 election.
“This is a desperate move by somebody who wants to be sure that none of the trials can possibly happen in time to inform the voters before the election in November,” said George Washington University Law School professor Catherine Ross.
Trump faces four indictments — 91 criminal counts — for his role in the Jan. 6, 2021, attempt by a mob of his supporters to block the peaceful transfer of power by taking over the U.S. Capitol; for allegedly storing classified government records at his Mar-a-Lago home after being asked to return them; for alleged efforts to reverse his 2020 election loss in Georgia; and for allegedly falsifying records to cover up the nature of a payment to adult-film actress Stormy Daniels before the presidential election in 2016.
Trump’s election obstruction trial in federal court in D.C. has been postponed because of Trump appeals, and his cases in Florida and Fulton County, Ga., are mired in litigation.
Trump lawyers Susan Necheles and Todd Blanche argued in the 26-page filing in the New York case that it “is appropriate to await further guidance from the Supreme Court, which should facilitate the appropriate application of the presidential immunity doctrine in this case to the evidence the People intend to offer at trial.” They are also seeking to have some of the evidence excluded on immunity grounds.
Necheles and Blanche argued that legal distinctions between personal and presidential acts are key to their case. “This area of law is evolving in real time,” the lawyers wrote.
A spokesperson for Manhattan District Attorney Alvin Bragg declined to comment. His office is expected to file opposition papers this week.
Karen Friedman-Agnifilo, a former top executive in the Manhattan district attorney’s office under Bragg’s predecessor, said that the defense making this type of motion shortly before the trial was to be expected and is motivated by a desire to buy time, but that it’s devoid of legally sound rationales.
“We were waiting to see what tactic he would take,” Friedman-Agnifilo said. “There were several that he could take in order to delay this case because he clearly doesn’t want to go to trial on this or any other case.”
Friedman-Agnifilo said that Trump’s lawyers appear to be making the request to New York Supreme Court Justice Juan Merchan because of the timing this month of the Supreme Court’s agreement to hear the case. “That’s why [Trump is] going to say he couldn’t do it sooner. However, the arguments he makes are all recycled from his prior presidential immunity arguments.”
Trump’s motion points to evidence expected to be used at trial by Bragg’s team, including tweets Trump sent as president. Trump’s side said that Bragg’s plan to use that kind of evidence means the New York case has issues that overlap with the D.C. election obstruction indictment where presidential immunity is still undecided.
Merchan has repeatedly said the trial date is a firm one, rebuffing past attempts by Trump’s side to push it back. Last week, a day after the adjournment request was made, Merchan issued an order saying that his permission was required to file any other motions before the trial start, noting that Trump’s motion “does not explain the reason for the late filing, a mere two and a half weeks before jury selection is set to begin.”
It is unclear whether Merchan will reject the new request by highlighting the differences between the Jan. 6 case and the one before him that accuses Trump of fabricating business records to conceal a $130,000 payment to Daniels.
Prosecutors argue that Trump’s reimbursements to his former lawyer Michael Cohen for the Daniels payment were illegally classified as routine legal expenses, when they were intended to benefit Trump’s presidential campaign and should have been reported to campaign finance authorities.
Trump was indicted on 34 counts of falsifying business records, a low-level felony, that is eligible for a term of incarceration if he is convicted. The trial is expected to last about two months.
The former president has denied having a sexual encounter with Daniels years before the payment was made. He has alternately said the payment was a personal matter not related to his candidacy and that Cohen acted on his own.
Trump has previously pushed an immunity argument without success, including when he tried to get the state court case removed to federal court on the basis that some of the reimbursement payments at issue in the prosecution occurred while he was a sitting president. Trump lost that effort and failed to preserve his right to argue it.
“It is a desperate and frivolous effort to achieve the delay that is always the hallmark of how Trump litigates these cases, but here, it’s not going to work,” said Norman Eisen, a former White House special counsel and former U.S. ambassador to the Czech Republic who served in the Obama administration.
Eisen pointed to a decision by U.S. District Court Judge Alvin Hellerstein on July 19, 2023, which explicitly says that Trump had waived his presidential immunity argument in the New York matter. Although Trump began to appeal that decision, which denied his request to move the case to federal court, he withdrew the appeal in November.
Eisen said Trump had every right to raise the arguments he is now making with Hellerstein in federal court but failed to. The Bragg case was “an obvious contender” for a presidential immunity claim all along, Eisen said.
“That was the right time to do it. He waived it, and the judge noted he waived it,” Eisen said, adding that he expects Merchan to give the new motion “the back of the hand and rightly so.”
Ross, the GW Law expert, agreed that the last-minute motion in New York is a losing battle. She said the defense motion in the New York case was filed “to gum up the works and delay the trial that’s supposed to begin this month.”
“Every day [Trump’s side is] looking for another headline that gets people distracted from what the real issues are,” Ross said.
Former federal prosecutor Michael Zeldin said Trump’s claims in the New York motion don’t compare to the facts of the Jan. 6-related case that the Supreme Court will address. In that case, “at least [Trump] can argue that I’m the president of the United States, I’m trying to make sure there isn’t fraud in the election process.”
“Here, it’s just not even arguable,” Zeldin said.
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Trump was listed as a passenger on eight flights on Epstein’s private jet, according to emailpublished at 11:58 GMT
Anthony Reuben
BBC Verify senior journalist
One of the Epstein documents, external is an email saying that “Donald Trump traveled on Epstein’s private jet many more times than previously has been reported (or that we were aware)”.
The email was sent on 7 January 2020 and is part of an email chain which includes the subject heading ‘RE: Epstein flight records’.
The sender and recipient are redacted but at the bottom of the email is a signature for an assistant US attorney in the Southern District of New York – with the name redacted.
The email states: “He is listed as a passenger on at least eight flights between 1993 and 1996, including at least four flights on which Maxwell was also present. He is listed as having traveled with, among others and at various times, Marla Maples, his daughter Tiffany, and his son Eric”.
“On one flight in 1993, he and Epstein are the only two listed passengers; on another, the only three passengers are Epstein, Trump, and then-20-year-old” – with the person’s name redacted.
It goes on: “On two other flights, two of the passengers, respectively, were women who would be possible witnesses in a Maxwell case”.
In 2022, Ghislaine Maxwell was sentenced to 20 years in prison, external for crimes including conspiracy to entice minors to travel to engage in illegal sex acts and sex trafficking of a minor.
Trump was a friend of Epstein’s for years, but the president has said they fell out in about 2004, years before Epstein was first arrested. Trump has consistently denied any wrongdoing in relation to Epstein and his presence on the flights does not indicate wrongdoing.
We have contacted the White House for a response to this particular file.
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‘Music makes everything better’: A Texas doctor spins vinyl to give patients relief
Dr. Tyler Jorgensen sets “A Charlie Brown Christmas” on a record player at Dell Seton Medical Center in Austin Texas. He uses vinyl records as a form of music therapy for palliative care patients.
Lorianne Willett/KUT News
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AUSTIN, TEXAS — Lying in her bed at Dell Seton Medical Center at the University of Texas at Austin, 64-year-old Pamela Mansfield sways her feet to the rhythm of George Jones’ “She Thinks I Still Care.” Mansfield is still recovering much of her mobility after a recent neck surgery, but she finds a way to move to the music floating from a record player that was wheeled into her room.
“Seems to be the worst part is the stiffness in my ankles and the no feeling in the hands,” she says. “But music makes everything better.”
The record player is courtesy of the ATX-VINyL program, a project dreamed up by Dr. Tyler Jorgensen to bring music to the bedside of patients dealing with difficult diagnoses and treatments. He collaborates with a team of volunteers who wheel the player on a cart to patients’ rooms, along with a selection of records in their favorite genres.
“I think of this record player as a time machine,” he said. “You know, something starts spinning — an old, familiar song on a record player — and now you’re back at home, you’re out of the hospital, you’re with your family, you’re with your loved ones.”
Daniela Vargas, a volunteer for the ATX-VINyL program, wheels a record player to the hospital room of a palliative care patient in Austin, Texas.
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The healing power of Country music… and Thin Lizzy
Mansfield wanted to hear country music: Willie Nelson, Merle Haggard, George Jones. That genre reminds her of listening to records with her parents, who helped form her taste in music. Almost as soon as the first record spins, she starts cracking jokes.
“I have great taste in music. Men, on the other hand … ehhh. I think my picker’s broken,” she says.
Other patients ask for jazz, R&B or holiday records.
The man who gave Jorgensen the idea for ATX-VINyL loved classic rock. That was around three years ago, when Jorgensen, a long-time emergency medicine physician, began a fellowship in palliative care — a specialty aimed at improving quality of life for people with serious conditions, including terminal illnesses.
Shortly after he began the fellowship, he says he struggled to connect with a particular patient.
“I couldn’t draw this man out, and I felt like he was really struggling and suffering,” Jorgensen said.
He had the idea to try playing the patient some music.
He went with “The Boys Are Back in Town,” by the 1970s Irish rock group Thin Lizzy, and saw an immediate change in the patient.
“He was telling me old stories about his life. He was getting more honest and vulnerable about the health challenges he was facing,” Jorgensen said. “And it just struck me that all this time I’ve been practicing medicine, there’s such a powerful tool that is almost universal to the human experience, which is music, and I’ve never tapped into it.”
Dr. Tyler Jorgensen plays vinyl records as a form of music therapy for palliative care patients in Austin, Texas. Willie Nelson’s albums are a perennial hit.
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Creating new memories
Jorgensen realized records could lift the spirits of patients dealing with heavy circumstances in hospital spaces that are often aesthetically bare. And he thought vinyl would offer a more personal touch than streaming a digital track through a smartphone or speaker.
“There’s just something inherently warm about the friction of a record — the pops, the scratches,” he said. “It sort of resonates through the wooden record player, and it just feels different.”
Since then, he has built up a collection of 60 records and counting at the hospital. The most-requested album, by a landslide, is Fleetwood Mac’s Rumours from 1977. Willie is also popular, along with Etta James and John Denver. And around the holidays, the Vince Guaraldi Trio’s A Charlie Brown Christmas gets a lot of spins.
These days, it’s often a volunteer who rolls the record player from room to room after consulting nursing staff about patients and family members who are struggling and could use a visit.
Daniela Vargas, the UT Austin pre-med undergraduate who heads up the volunteer cohort, became passionate about music therapy years ago when she and her sister began playing violin for isolated patients during the COVID-19 pandemic. She said she sees similar benefits when she curates a collection of records for a patient today.
“We are usually not in the room for the entire time, so it’s a more intimate experience for the patient or family, but being able to interact with the patient in the beginning and at the end can be really transformative,” Vargas said.
Often, the palliative care patients visited by ATX-VINyL are near the end of life.
Jorgensen feels that the record player provides an interruption of the heaviness those patients and their families are experiencing. Suddenly, it’s possible to create a new, positive shared experience at a profoundly difficult time.
“Now you’re sort of looking at it together and thinking, ‘What are we going to do with this thing? Let’s play something for Mom, let’s play something for Dad.’” he said. “And you are creating a new, positive, shared experience in the setting of something that can otherwise be very sad, very heavy.”
Other patients, like Pamela Mansfield, are working painstakingly toward recovery.
She has had six neck surgeries since April, when she had a serious fall. But on the day she listened to the George Jones album, she had a small victory to celebrate: She stood up for three minutes, a record since her most recent surgery.
With the record spinning, she couldn’t help but think about the victories she’s still pursuing.
“It’s motivating,” she said. “Me and my broom could dance really well to some of this stuff.”
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