Politics
Should Trump have confidence in his lawyers? Legal experts weigh in
As attorneys for former President Donald Trump work behind the scenes on an appeal following his conviction in the New York v. Trump trial, legal observers speculated to Fox News Digital about whether the presumptive Republican nominee is confident in his legal team ahead of his sentencing hearing – scheduled just four days before the Republican National Convention.
While under normal circumstances, defense attorneys usually wait until after sentencing to file an appeal, legal analyst Phil Holloway questioned the lack of urgency from Trump’s lawyers in seeking federal intervention.
“I’m curious to know why we have not seen any effort by Trump’s legal team to stay the looming sentencing,” Holloway told Fox News Digital. “I think there’s a reasonable argument to be made to a NY Appeals court, or even a federal court, that under the extraordinary circumstances present in this case, a stay of the NY proceedings is necessary to prevent a serious disruption of the federal electoral process.”
“Every American citizen, at any rate, has an interest in being able to vote for the candidate of their choice in a presidential election. So we’re not talking about a normal and customary kind of an appeal,” Holloway said. “It’s unheard of in American jurisprudence. And so I think you can take the traditional rule book and throw it out. I think they need to pursue every conceivable avenue to get relief from another court.”
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Former President Donald Trump speaks to the media alongside his attorney, Todd Blanche, after his New York conviction, Thursday, May 30, 2024. (Michael M. Santiago/Pool Photo via AP)
Holloway and David Gelman, another legal analyst who spoke with Fox News Digital, both separately referenced the Bush v. Gore case, when the U.S. Supreme Court ultimately ruled that Florida did not need to complete a recount in the 2000 presidential election, because it could not be accomplished in a constitutionally valid way within the time limit set by federal law.
Gelman said that usually the Supreme Court or lower federal courts will not intervene in state decisions unless it’s a matter of “national importance,” as it was in 2000 and is again with the Trump case.
“Look, it’s a Hail Mary. I’m not going to say it isn’t. However, you have nothing to lose. And, I think that this may, you know, get their attention a little more than a normal Hail Mary, if you will,” Gelman told Fox News Digital. “And also the Supreme Court is also hearing President Trump’s immunity claims right now. . . . So they’re very familiar with the arguments that are set forth with President Trump, even though this is not an immunity issue. So I think that it would be very prudent on the defense attorneys to throw that too, put up a motion before the Supreme Court to ask them to intervene and to file an emergency application to do so.”
“We don’t know what they’re doing behind the scenes to prepare for the sentencing and obviously to prepare for the appeal. But I do wish we would see them acting with more of a sense of urgency regarding the appeal,” Holloway said. “If it were me, I might consider going to federal court now ahead of sentencing, seeking some kind of injunction to pause or to stop the sentencing from going forward, considering that you have the federal interest regarding the upcoming election at stake, and I think there’s enough federal issue involved to get a federal court involved in this.”
The appeal must not go to the intermediate Appellate Division, which is Manhattan-based, and at a minimum go before the state Appellate Division of New York, if not the Supreme Court, Gelman said.
Holloway said that if Trump’s legal team could “could somehow put a stop to the sentencing or pause it, they could perhaps begin the process of giving something up to the U.S. Supreme Court before the election.”
“If they have a client who gets sentenced to jail or even who is put on probation, that’s a significant restriction on the former president’s personal liberty,” Holloway said. “Either way, and it has an impact on the election. And I think there’s a significant federal issue there that would give the federal courts the jurisdiction they need to weigh in on, even before an appeal runs its traditional course.”
Former President Donald Trump, sitting with attorneys Todd Blanche and Emil Bove, awaits the start of proceedings in his criminal trial at Manhattan Criminal Court in New York City, on May 29, 2024. (JABIN BOTSFORD/POOL/AFP via Getty Images)
He also noted how the timing of the Republican convention could play into Trump’s attorneys’ strategy. “I think that it makes a big difference to a federal court potentially if you’re talking about someone who is the actual nominee of the party versus someone who is a presumptive nominee,” Holloway said. “I think that if you have the actual nominee facing the significant restrictions on his personal liberty, whether he’s in jail or whether he’s on probation or house arrest or some combination of all of that. I think that it’s a very real issue that the federal courts ought to get involved in, because there’s a strong argument to be made that they ought to sort of hit the pause button to stay any further proceedings until the election plays out.”
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Another case to consider is in Georgia, where the state’s court of appeals halted any proceedings in the 2020 election interference case until it hears Trump’s appeal to disqualify Fulton County District Attorney Fanis Willis. The hearing date is tentatively scheduled for Oct. 4. While Holloway and Gelman agreed that both Manhattan and Fulton County, Georgia, are heavily blue jurisdictions, Holloway noted that a small portion of northern Fulton County is traditionally more red, so because the jury pool comes from the county as a whole, Trump has a slightly better chance of getting a more friendly jury, compared to Manhattan.
“I think there’s a very good possibility that the DA, Fani Willis, will have to be recused and no longer be able to be on that case. And then once that happens, if another fresh set of eyes looks at it, meaning like the attorney general’s office or an independent authority of Georgia, I think that it’ll be thrown away,” Gelman said, comparing the cases. “I think they’re kind of apples and oranges.”
As for Trump’s attorneys’ performance throughout the Manhattan trial, both Holloway and Gelman both said they were at a disadvantage from the start, due to the trial venue in New York City and Judge Juan Merchan, who refused to recuse himself from the case despite Trump’s team citing how the judge had donated to President Biden’s campaign.
Stormy Daniels is questioned by defense attorney Susan Necheles during former President Donald Trump’s criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, May 9, 2024, in this courtroom sketch. (Reuters/Jane Rosenberg)
“If he wasn’t confident in his attorneys, you would probably hear by now that he has other attorneys on it,” Gelman told Fox News Digital. “We all know President Trump. He’s not really shy about letting his feelings known, and he’s not shy about firing people and hiring people. . . . He only wants the best people to work for him, and that includes attorneys. So by him not doing anything drastic, meaning by not firing Todd Blanche and the other people on the legal team and replacing them, you know, it shows me that he was happy with them. I know he’s not happy with the result and nobody is. But at the same time, you know, he’s a realist.”
Gelman said that Trump’s attorneys in the Manhattan trial, Blanche, Emil Bove and Susan Necheles, “did an outstanding job with the facts that were given.”
“I’ll be honest, I thought that there was no crime that was alleged, number one,” Gelman told Fox News Digital.
“You cannot tell me with a straight face that there was not reasonable doubt,” Gelman said. I mean, you have two witnesses, specifically Michael Cohen and Stormy Daniels, who literally said on the stand they would like to see President Trump in jail. They had a bone to pick with him. They were out for blood. And then with Cohen, you had him, who pretty much is the walking, talking epitome of reasonable doubt.”
Gelman said he thought Trump’s attorneys “kept their cool” while cross-examining Daniels and Cohen.
“Trump’s legal team, they objected as much as they could. A lot of the objections that they put out were overruled,” Gelman told Fox News Digital. “Again, I think that the judge did a terrible job with that, because a lot of the objections should not have been overruled. And then you look on the other side where the prosecution, they objected to the same things – very, very similar – and their objections were sustained. So, the double standard was very noticeable.”
While neither legal expert faulted Trump’s attorneys for calling former Michael Cohen legal adviser Robert Costello, Holloway admitted that the move “did backfire, because the judge handcuffed them.”
“It’s very easy to Monday-morning-quarterback these things,” Holloway said. “They had a very tough jurisdiction. They had a very tough judge. They had a tough jury, and they were obviously in enemy territory. They did a very good job, considering where they were and what they had to work with.”
Politics
Inside Trump’s Swift Construction of a White House Helipad
President Trump, a former real estate mogul who knows a few things about construction projects, says there is “no harder zoning thing to get” than a helipad. But he is building one at the White House, and building it fast.
Such projects usually require a developer to navigate a complex web of zoning laws, airspace regulations and environmental impact studies, while negotiating with town councils and fighting off community pushback. Construction at the White House can often face additional hurdles.
But Mr. Trump has encountered no such difficulties as he quickly proceeds with construction of a black granite helipad on the South Lawn. He has not asked Congress or any review panel, such as the Commission of Fine Arts, to approve the project.
Past presidents have involved Congress and review panels in changes to the White House grounds, though Mr. Trump has asserted that he has the right to undertake major construction projects, such as a new 90,000-square-foot ballroom, without congressional approval. That project is currently the subject of litigation.
A White House spokesman said in an email that “operational upgrades to the White House grounds, such as the helipad installation, do not require commission reviews.”
Work on the helipad — which will be 100 feet in diameter and feature a presidential seal — started last month, shortly after a makeshift stadium built to host an Ultimate Fighting Championship fight significantly damaged the South Lawn.
Dana White, the U.F.C. president, said that his organization had set aside $700,000 to repair the lawn after the June 14 event. But Mr. Trump instead decided to forge ahead immediately with a helipad he had long wanted.
Why Trump is building a helipad
The helipad would allow Mr. Trump to use the latest generation of Sikorsky helicopters as Marine One on White House grounds — a move multiple administrations had avoided because the new, more powerful helicopters were likely to damage the South Lawn during landing.
The Navy began the search in 2010 for helicopters to replace the two models that have been used to transport the president and vice president for more than four decades — the VH-3D and the VH-60N. It purchased 23 VH-92A helicopters, including two test aircraft, at about $215 million apiece, with a total cost estimated at $5 billion, according to the Government Accountability Office.
The new helicopters are produced by Sikorsky, a subsidiary of Lockheed Martin, which is building the helipad as a donation. They joined the fleet between 2014 and 2021 and underwent a period of testing. The new generation of helicopters has occasionally been known to scorch the grass with engine exhaust while landing — an issue found during a training session in September 2018.
President Joseph R. Biden Jr. was the first president to fly on a VH-92A, on his way to the Democratic National Convention in Chicago in August 2024. But no new helicopter has yet transported a president to and from the South Lawn.
Marine One landed on the South Lawn grass for decades, and portable aluminum pads were rolled out to catch the wheels.
Mr. Trump said the new helicopters were “more powerful than the old ones. And when you land on the grass, it’s not that the grass gets discolored, it gets ripped out.”
The VH-92A has two engines with more than three times the capacity of those of the VH-3D, the current Marine One model, pushing more heat to the ground.
Lockheed Martin, a major defense contractor, is paying for the helipad project, which Mr. Trump estimated would cost between $5 million and $6 million.
“They didn’t tell us how powerful these helicopters were, and they felt a little bit guilty,” Mr. Trump said.
According to a spokesperson for Lockheed Martin, the company has a “long history of supporting projects in both the Washington, D.C., area and across the country. This specific contribution was made to the National Park Service. Our engagement with the federal government is guided by rigorous ethics and compliance standards and conducted in full accordance with all applicable laws and regulations.”
More red tape for a Mar-a-Lago helipad
Mr. Trump is also trying to build a helipad at his Mar-a-Lago resort in Palm Beach, Fla. But that project is moving much more slowly than the one at the White House.
The Mar-a-Lago project has been the subject of local historic preservation commission review, multiple public hearings, negotiations with town lawyers and votes by the Town Council.
Because Mar-a-Lago is a historic property, any changes there must be approved by the Palm Beach Landmarks Preservation Commission, said Joanne O’Connor, the town attorney for Palm Beach.
Mr. Trump had installed a helipad at the resort during his first administration, but it was dismantled after he left office.
The town is allowing Mr. Trump to build a new helipad at Mar-a-Lago but has placed limits on its use after his presidency. Any helicopter trips to or from Mar-a-Lago after he leaves office can be carried out only if approved by the Secret Service and in the event of an emergency, Ms. O’Connor said. The helipad cannot be used, for instance, to facilitate a golf outing.
“The concern was balancing the health, safety and welfare of the president with the interests of the town residents and the quiet enjoyment of their residential property,” Ms. O’Connor said.
No such review is taking place for the changes Mr. Trump is making at the White House.
Mr. Trump spoke recently about the difficulty most people encounter when trying to have helipads approved at their properties.
“I always was lucky, I always got helipads,” he said in remarks from the Oval Office. “Other people don’t. Very hard to get. The hardest thing to get is a helipad, OK?”
The South Lawn’s future
The helipad would significantly reshape the South Lawn, which has historically hosted events and ceremonies, including the annual White House Easter Egg Roll.
A White House official said events on the South Lawn would not be affected by the new helipad and would continue as usual.
“It can be used for other things when helicopters aren’t landing,” Mr. Trump said this month. “You can have other things out there like events. You could have news conferences literally on it because it’s the right size. So by doing this, we solved the problem, and we’ll be able to finally retire 45-year-old helicopters.”
Previous administrations have prioritized preservation of the White House property over permanent changes to the South Lawn. During the Biden administration, building a helipad was not high on the president’s priority list, said Andrew Bates, who served as a White House spokesman.
Politics
Todd Blanche roasts Adam Schiff in heated hearing: ‘You’re a lawyer, you know the rules’
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Acting Attorney General Todd Blanche came out swinging against Sen. Adam Schiff on Wednesday, denying allegations of self-dealing and intentional refusal-to-recuse in President Donald Trump’s cases, while accusing the California Democrat of lying.
Schiff sparred with Blanche over several legal matters he said prove the nominee is unfit for the job of America’s top law enforcement officer, citing what he described as serious conflicts of interest. Blanche denied the allegations while telling Schiff he was misstating ethics rules and botching key timelines.
Schiff pressed Blanche on whether he met with Justice Department ethics lawyers about his prior representation of Trump in the Stormy Daniels, Mar-a-Lago classified documents, and Jan. 6 cases.
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Sen. Adam Schiff, left, and acting Attorney General Todd Blanche. (Al Drago/Getty Images; Eric Lee/Getty Images)
Blanche affirmed and said he has recused himself from future litigation or Justice Department business involving any of those suits. But Schiff countered that Blanche reportedly told a crowd at the Conservative Political Action Conference (CPAC) that there was no conflict of interest in the Justice Department firing prosecutors linked to Jan. 6 or other cases.
Blanche soon fired back when Schiff criticized him for moving to vacate Jan. 6-related convictions for 12 members of far-right groups.
“I was the acting attorney general – so yes, my department moved to dismiss,” he said, adding that there was no reason for him to recuse himself when Schiff pressed him further.
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“From the Proud Boys matter?” Blanche responded with a puzzled look.
“You’re a lawyer, you know the rules,” Blanche told the Massachusetts-born graduate of Harvard Law.
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“There are rules that say when I have to recuse and that’s not one of them,” Blanche said.
“There are rules,” Schiff agreed. “And when you’re told to recuse yourself from investigations that you handle for the president…” – “I always do,” Blanche cut in – “you’re supposed to recuse yourself,” Schiff finished.
Schiff noted that the second volume of special counsel Jack Smith’s report on Trump has not been released and said the Justice Department has opposed making it available.
Blanche denied having anything to do with the decision and pointed out it is not the Justice Department, but a federal judge in Miami, that has prohibited its release.
“If you went into court asking them to release it, it would be released by now,” Schiff argued.
Blanche shot back: “What you’re saying happens not to be true – I did not do that.”
“You can’t accuse me of violating my ethical rules and then lie about what I did,” he continued,
Schiff asked Blanche at length what allegedly evolved in his professional life that led him to be under such criticisms.
“What I don’t understand, Todd Blanche, is what happened to the Todd Blanche who was a prosecutor in the Southern District of New York? What happened to the prosecutor people had respect for,” he said.
“What happened to the prosecutor who said that there wouldn’t be a whiff of political partisanship and then prosecutes the president’s enemies over seashells cases, over making a video stating the plain law in the Constitution?” Schiff said – appearing to reference investigations into former FBI Director Jim Comey’s “8647” post that critics said amounted to a threat on Trump’s life.
“I think Robert Caro had it right when he said that power doesn’t corrupt as much as it reveals. I suspect it has just revealed who you are and who you are as someone willing to sacrifice everything you once believed in for that title, for that position of attorney general,” Schiff claimed.
“I am still here. I am the same exact person I was when I was a federal prosecutor in the SDNY,” Blanche replied.
The exchange led to further criticism of Schiff, including from the Trump-appointed prosecutor in his home region:
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“Facts are not Senator Schiff’s strong suit,” claimed First Assistant U.S. Attorney for Central California Bill Essayli.
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Former Alabama federal prosecutor Jay Town called the exchange “excellent.”
“What [Blanche] is essentially saying is that the Justice Department has gone back to the fundamentals of increasing prosecutions and lowering crime nationwide, unlike the Garland DOJ targeting parents, Catholics, etc.”
Fox News Digital reached out to Schiff for comment.
Politics
Trump seeks prime-time spotlight for election claims, sparking concerns he’ll intervene
WASHINGTON — President Trump appeared poised to question the security of U.S. elections with a planned prime-time speech Thursday night, eliciting fears from Democrats and voting rights advocates that he is planning yet another play for federal control over voting in November’s midterms.
The exact reason for the speech has not been disclosed by the White House, with Trump only characterizing it to reporters this week as “really, really big news.” He confirmed it would have to do with “free and fair elections.”
The Washington Post reported, citing sources, that Trump planned to argue that there are vulnerabilities in the nation’s election infrastructure and claim that China had accessed U.S. voter data. The White House declined to confirm any such details Wednesday.
The announcement of the speech set off concerns among the president’s political opponents, as well as elections experts and voting rights advocates, that Trump could again escalate claims that the nation’s voting system is vulnerable to domestic fraud and foreign attacks.
He has previously said that Republicans should “nationalize” election administration, a job that falls to the states under the Constitution, and has pressured his party to tighten federal voting rules.
“We don’t know anything about what he might say … or what he might try to do with his very limited powers, as the president, over elections,” said David Becker, executive director of the nonpartisan Center for Election Innovation and Research. “I expect we’re going to hear a lot of rehashed and debunked claims.”
The president could potentially use new claims to argue that the nation is facing an emergency in upcoming elections that necessitates further federal intervention into voting, Rep. Joseph Morelle of New York, the ranking Democrat on the House Administration Committee, which has oversight of elections, said in an interview with The Times.
“This is going to be the rationale for declaring a national emergency,” Morelle said. “It’s transparent that he is creating the emergency and he’s creating the evidence out of whole cloth to suggest there is an emergency.”
Sen. Alex Padilla (D-Calif.), the top Democrat on the Senate Rules Committee, which oversees federal elections, told The Times on Wednesday that Trump was using a known playbook to “[sow] doubt about the outcome before a single vote has been cast.”
“All signs show that tomorrow’s speech will be more of the same: debunked conspiracy theories offered up not because they’re true, but because chaos and doubt are the only cards he has left to play,” Padilla said.
The speech, which Trump announced on social media Monday, comes four months ahead of midterm elections that will determine whether his party retains legislative control in Washington.
White House spokesperson Karoline Leavitt dismissed news reports about what Trump might say in the 6 p.m. PDT speech as speculation, and said “nobody knows yet what President Trump will ultimately say.”
The address also comes as Trump’s ceasefire with Iran has fallen apart, renewing expectations for increased gas prices, and his approval rating on the economy has steadily dropped. On Tuesday, it also became public that Trump had paid $5.6 million to the writer E. Jean Carroll, as ordered by a jury that in 2023 found Trump liable for sexually abusing and defaming her.
“What we’re going to be talking about Thursday is, it doesn’t get bigger,” Trump told reporters who asked Tuesday about the speech. “Because without free and fair elections you don’t have a country.”
Trump has spread baseless claims of widespread election fraud for years. But his prioritization of his claims about the voting system — even as much of the nation’s attention is on cost-of-living issues — has been on particularly clear display in recent days.
He has aggressively lobbied reluctant Republican senators to pass his voter ID legislation, refusing to sign a bipartisan housing bill over it; he fired all remaining members of the bipartisan U.S. Elections Assistance Commission; and his Justice Department said it would send election monitors to six states.
Since the midterm primaries began, Trump has also sown doubt about election security — chiefly in California, where he suggested Democrats had cheated or attempted to in the gubernatorial and Los Angeles mayoral primaries.
Georgia Democratic Sen. Jon Ossoff, whose state was often at the center of Trump’s 2020 fraud claims, said the president’s speech posed a threat to voting rights.
“I expect him to use whatever he puts out there on Thursday as a pretext, either for some attempted unconstitutional use of federal power to interfere in the election,” Ossoff said Tuesday on MS Now, “or to give his proxies and loyalists in state and local jurisdictions some cover for whatever they might attempt, or to lay the groundwork for challenging the result.”
Any effort to federalize or take over elections would face serious legal obstacles, said Nahal Kazemi, a Chapman University law professor. Although Congress can pass laws regarding election administration, as it did with the Voting Rights Act, the executive branch doesn’t play a role in running elections.
“You run into essentially a brick wall that is the Constitution, which makes very plain that states run elections,” Kazemi said.
When it comes to concerns about foreign interference, experts say there is little evidence of other countries attempting to hack systems or change votes. Instead, foreign actors have largely operated via disinformation campaigns, as the U.S. determined had occurred in the 2016 and 2020 elections.
“Of the information that is available to us now, there’s no reason to be alarmed about the possibility that a foreign adversary is going to take over election systems,” said Kazemi, who has studied foreign election interference.
One of the things that helps make American elections generally secure, she said, is that they are not centralized but are run by thousands of counties. Hacking into so many voting systems would be extraordinarily difficult for a foreign adversary, she said.
Jenny Farrell, executive director of the League of Women Voters of California, said California “takes elections security extremely seriously” and has one of the most secure systems in the country, subject to strict voter verification measures and intense chain of custody and auditing procedures.
Democrats have worked with elections experts in recent months on attempts to assure the public that U.S. elections are safe and secure. They have also tried to counter claims by Trump that mail ballots and voting machines are unreliable.
A slew of 2020 election reviews, including by Trump’s first administration, concluded that Trump lost and Biden won. Election experts say there is no evidence that widespread fraud determined the outcome of the election.
A judge also found that claims pushed by Trump and his attorneys that the company Dominion Voting Systems manipulated votes cast through its machines in favor of Biden were untrue.
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