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U.S. Asks Appeals Court to Restore Access to Sensitive Records Seized From Trump

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U.S. Asks Appeals Court to Restore Access to Sensitive Records Seized From Trump

WASHINGTON — The Justice Division requested an appeals court docket on Friday to let the F.B.I. regain entry to about 100 delicate paperwork taken from former President Donald J. Trump’s residence in Florida however didn’t attempt to block the appointment of an out of doors arbiter to evaluation different supplies.

In a 29-page submitting, the division requested the appeals court docket to not submit the roughly 100 information marked as labeled via the vetting strategy of the arbiter, often called a particular grasp — acquiescing to the evaluation for 11,000 different paperwork seized from Mr. Trump’s residence and resort, Mar-a-Lago. The evaluation has frozen the federal government’s entry to the fabric because it investigates Mr. Trump’s dealing with of the paperwork.

“Though the federal government believes the district court docket essentially erred in appointing a particular grasp and granting injunctive reduction, the federal government seeks to remain solely the parts of the order inflicting essentially the most severe and rapid hurt to the federal government and the general public,” wrote legal professionals with the division’s nationwide safety division.

The submitting was the newest flip in what started as a authorized sideshow to the investigation into Mr. Trump’s hoarding of presidency paperwork — together with some marked as extremely labeled — and refusal to return them, even after being subpoenaed.

In a ruling final week, Choose Aileen M. Cannon, a federal choose Mr. Trump appointed in 2020, granted his request that she impose a particular grasp to vet all the fabric seized from Mar-a-Lago for each attorney-client privilege and govt privilege. She barred regulation enforcement companies from utilizing any of the paperwork for felony investigative functions till that work was achieved.

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The Justice Division initially requested Choose Cannon to remain the portion of her order that blocked it from full investigative use of the 100 or so information with classification markings, however on Thursday she refused to take action. That prompted regulation enforcement officers to ask the U.S. Court docket of Appeals for the eleventh Circuit, in Atlanta, to problem a keep as an alternative.

The division’s submitting described the request as “modest however critically vital.” It stated that “the federal government and the general public would endure irreparable hurt absent a keep” as a result of efforts to completely perceive the results of the haphazard storage of paperwork bearing classification markings couldn’t proceed until the decrease court docket’s resolution was partially reversed.

And it argued that denying brokers entry to the paperwork “unduly interferes” with the felony investigation into doable obstruction and violations of the Espionage Act.

Against this, Mr. Trump would endure no hurt if the federal government reclaimed and examined materials that didn’t belong in his possession anyway, the division added.

On Thursday, Choose Cannon appointed Raymond J. Dearie, a semiretired choose from the Federal District Court docket for the Jap District of New York who has expertise in extremely delicate nationwide safety issues, to function a particular grasp.

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The Trump authorized workforce had urged Choose Dearie, and the federal government expressed no objections to his appointment if their enchantment was rejected. On Friday, in his first official transfer as particular grasp, Choose Dearie requested Mr. Trump’s legal professionals and the Justice Division to ship him “proposed agenda gadgets” on Monday earlier than an preliminary assembly in regards to the doc evaluation on Tuesday on the Brooklyn federal courthouse.

In its movement for a partial keep of Choose Cannon’s order, the division additionally rejected Mr. Trump’s argument that he may assert govt privilege to dam felony investigators, who’re a part of the chief department, from having access to the chief branch-owned supplies as a part of their work.

The submitting cited a 1974 Supreme Court docket ruling that rejected President Richard M. Nixon’s try to make use of govt privilege to dam the Watergate prosecutor from acquiring tapes of his Oval Workplace conversations, saying that precedent meant any assertion of govt privilege by Mr. Trump can be overcome as a matter of regulation.

And it faulted Choose Cannon for portraying the classification standing of the seized paperwork as disputed. Whereas Mr. Trump has publicly claimed that he had declassified the whole lot he took to Mar-a-Lago, prosecutors pressured that “regardless of a number of alternatives” his workforce “has by no means” argued in court docket that he did so.

“If the information had truly been declassified, the federal government would have an extra compelling want to know what had been declassified and why (and who has seen it) to guard intelligence sources and strategies,” the submitting stated.

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The movement asking the appeals court docket to right away intervene escalates the struggle between the Justice Division and Mr. Trump. The eleventh Circuit will confront a sequence of authorized and constitutional points centered on Choose Cannon’s intervention within the investigation, and on Mr. Trump’s declare that as a former president, he nonetheless wields sweeping powers of govt privilege.

Six of the 11 energetic judges on the appellate court docket in Atlanta had been appointed by Mr. Trump.

Choose Cannon’s order imposing a particular grasp with broad authority and enjoining the federal government was a victory for Mr. Trump and his authorized workforce, which has typically struggled to maintain up with the calls for of the case; they filed their request for a particular grasp weeks later than a lot of his allies had urged.

But in refusing to remain elements of her order on Thursday, the choose additionally made a number of concessions to the federal government.

She stated the F.B.I. may proceed elements of its investigation about what had occurred to the paperwork, as long as it didn’t current them to a grand jury or ask witnesses questions on their contents.

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And she or he instructed Choose Dearie to first take a look at the paperwork with classification markings and “thereafter think about immediate changes to the court docket’s orders as vital” — a nod to the Justice Division’s request to quickly assess essentially the most delicate supplies.

That raised the chance that Choose Dearie would possibly shortly clear these gadgets and that the F.B.I. would then regain unrestricted use of them in its felony inquiry. In her order, Choose Cannon stated the particular grasp ought to attempt to end his evaluation by Nov. 30.

However the Justice Division informed the appeals court docket that Choose Cannon’s concessions had been “inadequate” to mitigate what it portrayed as injury to nationwide safety brought on by her intervention in limiting the F.B.I.’s skill to research any doable disclosures of the information, or whether or not any are nonetheless lacking.

In making its case, the division offered its most detailed clarification up to now of why it contends Choose Cannon’s blocking of rapid entry to the paperwork marked as labeled, if allowed to face, will hamper the intertwined felony investigation and nationwide safety evaluation.

By forbidding felony investigators from analyzing the contents of the paperwork or utilizing them to conduct witness interviews, the division stated, Choose Cannon was thwarting efforts to discern any potential patterns within the forms of information that Mr. Trump stored. Such insights would possibly assist determine every other information that will nonetheless be nonetheless lacking — a query raised by the F.B.I.’s discovery of empty folders for labeled materials within the search.

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The supplies, the submitting stated, “had been saved in an unsecure method over a protracted interval, and the court docket’s injunction itself prevents the federal government from even starting to take vital steps to find out whether or not improper disclosures may need occurred or should still happen.”

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Video: Insults Disrupt House Oversight Committee Session

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Video: Insults Disrupt House Oversight Committee Session

“Do you know what we’re here for? You know we’re here about AG.” “I don’t think you know what you’re here for.” “Well, you’re the one talking about —” “I think your fake eyelashes are messing up —” “Ain’t nothing —” “Hold on, hold on.” [gavel pounding] “Order.” “Mr. Chairman.” “That’s beneath even you —” “Order, order. Regain order of your committee.” “I would like to move to take down Ms. Greene’s words. That is absolutely unacceptable. How dare you attack the physical appearance of another person.” “Are your feelings hurt?” “Move her words, down.” “Aww.” “Oh, oh girl, baby girl.” “Oh, really?” “Don’t even play.” “Baby girl. I don’t think —” “We are going to move and we’re going to take your words down.” “I second that motion.” “You agree to strike your words?” “Yeah.” “O.K. — Ms. Greene agrees to strike her words.” “I believe she should apologize. No, no, no.” “Hold on. Then, after Mr. Perry’s going to be recognized, then —” “I’m not apologizing.” “Well, then you’re not striking your words.” “You reserve the right to object.” “I am not apologizing.” “Just to better understand your ruling: If someone on this committee then starts talking about somebody’s bleached blonde, bad-built butch body, that would not be engaging in personalities, correct?” “A what now?” “Chariman, I make, I make a motion to strike those words.” “I don’t think that’s —” “I’m trying to find clarification on what —” “Chairman, motion to strike those words.” We’re not, we’re not going to do this. Look, you guys earlier, literally just —” “You just voted to do this.” “Y’all did it first.” “You just voted to do it.” “Order, order.” “I’m trying to get clarification.” “Look — calm down. Calm down.” “No, no, no, no because this is what you all do. So I’m trying to get —” “Ms. Crockett, you’re not recognized.”

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Fox News invites Trump, Biden campaigns to vice presidential debate

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Fox News invites Trump, Biden campaigns to vice presidential debate

Fox News Media has invited the Trump campaign and the Biden campaign to participate in a vice presidential debate before the 2024 election. 

In a letter to the campaigns, Fox News Media said it requested the opportunity to host a vice presidential debate, and said it would be available to do so on July 23, August 13, or dates “following both nomination conventions.”

BIDEN CAMPAIGN ACCEPTS VP DEBATE INVITATION FOR SUMMER SHOWDOWN WITH KAMALA HARRIS AND TRUMP RUNNING MATE

The proposed vice presidential debate would be hosted by Bret Baier and Martha MacCallum, who Fox News Media President Jay Wallace said “are obvious choices as the faces of our political coverage.” 

Fox News anchors Bret Baier and Martha MacCallum. (Fox News)

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“In addition, FOX News Media has reached out to Virginia State University as a possible location, since it was selected by the CPD as the first historically Black College or University to host a Presidential debate,” the letter said. 

“Despite not having a Democratic debate in 2016/2020, FOX News was able to secure town halls with Democratic candidates such as: Hillary Clinton, Bernie Sanders, Pete Buttigieg, Julian Castro, Amy Klobuchar and Kirsten Gillibrand.
In recognition of FOX News Media’s capabilities and reputation, we cordially extend an invitation to all concerned parties to discuss our proposal,” the letter states. 

Former President Trump accepted the invitation Friday afternoon.

“On behalf of the future Vice President of the United States, who I have not yet chosen, we hereby accept the Fox Vice Presidential Debate, hopefully at Virginia State University, the first Historically Black College or University to host a Debate – Date to be determined,” Trump posted on his Truth Social. “I urge Vice President Kamala Harris to agree to this. MAKE AMERICA GREAT AGAIN!” 

The Biden campaign already accepted CBS News’ vice presidential debate invitation for this summer, setting the stage for a showdown between Vice President Kamala Harris and whoever is selected as the Republican VP nominee. 

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The campaign notified CBS News that they accepted the invitation to participate in studio on either of the proposed dates — July 23 or August 13. 

On Wednesday, the Biden campaign wrote a letter to the Commission on Presidential Debates, abandoning the decades-old tradition of three fall events organized by the debate commission. 

Former President Trump, shortly after, exclusively told Fox News Digital that he would accept the timeline proposed by Biden — scheduling the first presidential debate for June 27 on CNN and the second for September 10 on ABC News. 

Trump and the RNC announce a $76 million fundraising haul in April

Former President Donald Trump headlines a Republican National Committee spring donor retreat, in Palm Beach, Florida on May 4, 2024  (Donald Trump 2024 campaign)

The Biden-Harris campaign asked that the debates occur inside a TV studio, with microphones that automatically cut off when a speaker’s time limit elapses. The letter also asked that the debates involve just the two candidates and the moderator — without “an in-person audience with raucous or disruptive partisans and donors.” 

TRUMP ACCEPTS BIDEN OFFER TO DEBATE HIM IN JUNE AND SEPTEMBER

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They also want the debates without the participation of Robert F. Kennedy, Jr. or other independent or third-party candidates. 

“We look forward to the Trump campaign accepting one of these dates so that the full debate calendar for this campaign can be set,” the Biden campaign said about the vice presidential debate schedule on Thursday. 

The fast scheduling began Wednesday morning after Biden posted a video to social media. 

“Donald Trump lost two debates to me in 2020. Since then, he hasn’t shown up for a debate. Now he’s acting like he wants to debate me again. Well, make my day, pal,” Biden said in a video message shared Wednesday morning. “I’ll even do it twice. So let’s pick the dates, Donald. I hear you’re free on Wednesdays.” 

President Biden and Vice President Harris

President Biden and Vice President Kamala Harris. (Getty Images)

Trump, in an exclusive interview with Fox News Digital shortly after, said: 

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“Crooked Joe Biden is the worst debater I have ever faced – he can’t put two sentences together,” Trump told Fox News Digital. “Crooked is also the worst president in the history of the United States, by far.” 

Trump told Fox News Digital that “it is time for a debate to take place – even if it has to be held through the offices of the Commission on Presidential Debates, which are totally controlled by Democrats and who, as people remember, got caught cheating with me with debate sound levels.”

JESSE WATTERS: BIDEN HAS A LIST OF DEBATE DEMANDS LONGER THAN A SPENDING BILL

“I’m ready to go,” Trump said. “The dates that they proposed are fine. Anywhere. Anytime. Any place. Let’s see if Joe can make it to the stand-up podium.”

“The proposed June and early September dates are fully acceptable to me,” Trump told Fox News Digital. “I will provide my own transportation.”

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And just moments later, Biden posted on his social media that he “received and accepted an invitation” from CNN for a debate on June 27. 

“Over to you, Donald. As you said: anywhere, any time, any place,” Biden wrote. 

When asked for comment, Trump told Fox News Digital that he will accept and “will be there.” The Republican added that he is “looking forward to being in beautiful Atlanta.”

Later Wednesday, Trump took to his Truth Social, echoing his comments to Fox News Digital. 

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“It’s time for a debate so that he can explain to the American People his highly destructive Open Border Policy, new and ridiculous EV Mandates, the allowance of Crushing Inflation, High Taxes, and his really WEAK Foreign Policy, which is allowing the World to ‘Catch on Fire.’ I am Ready and Willing to Debate Crooked Joe at the two proposed times in June and September,” Trump posted. “I would strongly recommend more than two debates and, for excitement purposes, a very large venue, although Biden is supposedly afraid of crowds – That’s only because he doesn’t get them. Just tell me when, I’ll be there. ‘Let’s get ready to Rumble!!!’” 

Trump on Saturday appeared before a crowd of tens of thousands on the Jersey Shore in the deep-blue state. The campaign event was held in between Trump’s appearances in Manhattan Criminal Court.

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David DePape sentenced to 30 years in attempted Nancy Pelosi kidnapping, hammer attack on husband

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David DePape sentenced to 30 years in attempted Nancy Pelosi kidnapping, hammer attack on husband

A federal judge on Friday sentenced David DePape to 30 years in prison, six months after a jury found him guilty of attempting to kidnap former U.S. House Speaker Nancy Pelosi and using a hammer to bludgeon her husband in a bloody October 2022 assault.

Judge Jacqueline Scott Corley delivered her decision during a hearing at the U.S. District Court for the Northern District of California, reprimanding DePape at length and saying she believed he continued to pose a danger to the public and “all Americans.”

“He broke into the home of that public official, he broke into that private space of home and violently attacked a public official’s spouse,” Scott Corley said. “What that means and why this now is so harmful to everyone in the country and the future, is that when someone is considering now whether they want to go into public service, they have to think not only am I willing to take that risk myself, but am I willing to risk my spouse, my children, my grandchildren.”

DePape, dressed in an orange jail sweatsuit and wearing ankle restraints, did not outwardly react as his sentence was read.

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The sentencing caps a federal trial that captivated the nation and raised chilling questions about the safety of public officials amid heightened political extremism and the proliferation of online venues that give traction to baseless fanatical conspiracy theories.

In letters to the judge that their daughter, Christine Pelosi, read in court, both Nancy and Paul Pelosi asked the judge to impose lengthy sentences.

In her letter, Nancy Pelosi said her husband continues to suffer physically and emotionally from the attack, and that the violent incident “has had a devastating effect on three generations of our family.”

“It is therefore necessary that the guilty party’s sentence be very long as a punishment for the attack and the injuries Paul continues to suffer — and as a deterrent to others considering violence against public officials,” the former speaker wrote.

Paul Pelosi said his life “has been irrevocably changed,” and that he hasn’t fully recovered. He noted that a blood stain on the front entryway and the metal plate now embedded in his head serve as enduring reminders of the assault.

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Federal prosecutors had requested a 40-year federal prison term with a terrorism enhancement, arguing that DePape has demonstrated no remorse and that a tough sentence would serve as a deterrent to other would-be assailants motivated by ideological extremism.

“At a time when extremism has led to attacks on public and elected officials, this case presents a moment to speak to others harboring ideologically motivated violent dreams and plans,” Assistant U.S. Attys. Helen Gilbert and Laura Vartain Horn wrote in a May 10 filing.

DePape faced a combined 50 years in federal prison: 30 years on the assault charge and 20 years for the attempted kidnapping. Scott Corley sentenced him to the maximum term on both counts, but to be served concurrently for a total of 30 years. He will get credit for the roughly 18 months he has spent in state custody.

DePape, 44, was accused of traveling from his Richmond residence to the Pelosis’ Pacific Heights home in the early morning hours of Oct. 28, 2022, with plans to hold the lawmaker hostage and interrogate her regarding unfounded claims fueled by far-right conspiracy theorists of corruption, human trafficking and child abuse by Democrats and other public figures.

DePape broke into the home, but instead of finding Nancy Pelosi, who was in Washington at the time, he stumbled across the bedroom where her husband was sleeping.

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“The door opened and a very large man came in, with a hammer in one hand and some ties in the other hand,” Paul Pelosi testified. “And he said, ‘Where’s Nancy?’ And I think that’s what woke me up.”

He was able to get to his cellphone and dial 911. When the police arrived, the two men were struggling over DePape’s hammer. The prosecutors showed jurors graphic police body-camera video of DePape bludgeoning Paul Pelosi, then 82, fracturing his skull and seriously injuring his right arm and left hand.

Still-pending state charges accuse DePape of attempted murder, assault with a deadly weapon, elder abuse, burglary and threats to a public official and her family. In contrast, the federal trial centered on whether DePape’s actions that morning were indelibly tied to Speaker Pelosi’s official duties in Congress.

In making their case, federal prosecutors provided jurors a detailed review of DePape’s online purchases and search history to demonstrate how he spent months preparing for the attack. Jurors heard portions of a police interview in which DePape said he considered Speaker Pelosi the Democrats’ “leader of the pack,” and that he would “break her kneecaps” if she didn’t admit to corruption and other claims of human trafficking and child abuse.

DePape’s federal public defenders, Jodi Linker and Angela Chuang, had urged the judge to consider a more lenient 14-year sentence, arguing their client suffers from mental health issues and trauma from an abusive relationship with Gypsy Taub, his former romantic partner and the mother of his children.

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Linker and Chuang never disputed that their client committed the violence. They instead tried to convince the jury that DePape was motivated by elaborate conspiracy theories that were nonetheless his deeply held beliefs.

They referenced support letters from family and friends describing the crimes as “completely out of character.”

“David was never violent when he was young, and I am sorry that this has happened,” DePape’s stepfather, Gene DePape, wrote in a statement to The Times. “I am very sorry to Paul and Nancy.”

The attorneys based much of their request for leniency on the influence of Taub, a Bay Area nudism activist who recently served time in state prison for trying to abduct a 14-year-old boy in Berkeley. They maintained Taub isolated DePape from his family and “immersed him in a world of extreme beliefs where reality is not reality.”

“His long-term relationship with his ex-partner, Gypsy Taub, inflicted immeasurable harm to his mental state and what little support network he had in the form of his family,” DePape’s attorneys wrote in a May 10 sentencing memo.

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David DePape with Gypsy Taub at her nude wedding on the steps of San Francisco City Hall in 2013.

(San Francisco Chronicle via Getty Images)

Chuang reiterated that argument during the sentencing hearing, saying DePape was “gaslit, abused and he was very intentionally cut off from his family,” while Taub watched quietly from a court bench.

In a recorded audio statement she sent The Times this week, Taub dismissed the attorneys’ allegations of abuse, saying: “I love David. I will always love him, regardless of what he does or says.”

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“He’s an incredibly beautiful human being. But he’s very broken,” Taub said.

During an interview with The Times before DePape’s trial in her cluttered, eclectic Berkeley home, Taub espoused a number of conspiracy theories, using phrasing nearly identical to what DePape shared in his testimony, including her belief that the Sept. 11, 2001, terrorist attacks were really “an inside job” and that government has been corrupted by satanic cults that prey on children.

At the time, she was adamant DePape had been falsely accused in the Pelosi attack, describing him as sweet and gentle. He was such a nice person, she said, that even after she married another man, she allowed DePape to keep living in her home and supported him financially.

In one video Taub shared from more than a decade ago, she and DePape are nude, discussing his recent experience with psychedelics at a Burning Man festival in the Nevada desert.

“What is your dream for the planet?” Taub asked.

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“I’d really like there to be peace,” he responded.

“And if the whole world could hear you right now, what would be your message to the world?” she asked.

“God is love. God is loving,” he said. “And this is an illusion.”

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