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Rulings highlight how Trump’s classified documents case could have gone differently had it been brought in DC | CNN Politics

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Rulings highlight how Trump’s classified documents case could have gone differently had it been brought in DC | CNN Politics




CNN
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Before indicting Donald Trump last year for allegedly mishandling classified documents, federal prosecutors had to decide where to bring the charges: Washington, DC, or Florida.

Ultimately, they charged the former president in Florida, a decision that has proven to be a fateful one — underscored by the vastly different approaches taken by DC judges as compared to the federal judge now presiding over the criminal case in Florida.

Those approaches became apparent in the past week as opinions were unsealed from two DC federal judges indicating how much more quickly and harshly for Trump the case might have played out had it remained in Washington.

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And over the long weekend, the federal judge overseeing Trump’s case now in Florida has been thrust into a new debate about a gag order for the former president — an issue judges in DC already tackled.

In the recently unsealed opinions, DC District Court Chief Judge James “Jeb” Boasberg and his predecessor, Judge Beryl Howell, demonstrate a deep skepticism to arguments by Trump and his co-defendants on questions of attorney-client privilege and grand jury secrecy that Judge Aileen Cannon has spent months deliberating over in Florida.

Though it’s been nearly a year since special counsel Jack Smith indicted Trump for mishandling classified documents, the case remains stalled amid Cannon’s reluctance to rule on issues before her and appears unlikely to go to trial before the November election.

Cannon now is being asked to respond to a new request from prosecutors to curtail Trump’s ability to comment about law enforcement and witnesses involved in the documents case, because he keeps suggesting misleadingly the FBI was prepared to use deadly force against him during the search of Mar-a-Lago in 2022.

A federal judge in DC, Tanya Chutkan, who’s handling a separate criminal case against the former president related to the 2020 election, placed a gag order on Trump months ago preventing him from commenting about witnesses and others in that case in a way that could intimidate them or hurt the proceedings.

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Cannon hasn’t yet responded to prosecutors imploring her to limit Trump’s speech in a filing Friday night.

The bulk of evidence against Trump in the documents case was taken in through a DC federal grand jury that continued to hear testimony months after the FBI seized hundreds of classified documents from Trump’s Mar-a-Lago residence in August 2022. But the Justice Department moved the investigation to a Miami grand jury in its final few weeks before charging Trump in South Florida’s federal court because much of Trump’s allegedly criminal actions took place at Mar-a-Lago, in Palm Beach, Florida.

Prosecutors have publicly disclosed little about the choice to move the case to Florida, though it has become a topic of discussion in the fights with the defense teams over secrecy, especially at a recent hearing before Cannon. “I can say that the investigation that was ongoing before the DC grand jury had – had adequate nexus to continue in Washington. I’m not prepared to comment on the date on which a decision to charge in Florida was made or what the internal deliberations were on that subject,” special counsel’s office prosecutor David Harbach told Cannon at a hearing last week.

Trump and his co-defendants’ attorneys have spent months trying to exploit that move, with the hopes that Cannon may think differently from Howell and Boasberg and want to scrutinize the prosecutors’ choices.

Cannon is now being asked to re-examine fundamental portions of the case that Howell and Boasberg had already ruled on, including prosecutors’ ability to secure testimony in the DC grand jury from Trump’s former attorney Evan Corcoran. Trump’s team is seeking to cut that testimony out of the prosecutors’ case entirely — an approach that might have been harder for the defense if the case had stayed in DC.

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Last year, Howell ordered Corcoran to testify in front of the grand jury after finding that his conversations with Trump were not protected by attorney-client privilege because they were in furtherance of a crime. Corcoran’s testimony ended up informing key portions of the indictment against Trump and included detailed accounts of Trump’s alleged efforts to keep the classified materials hidden from federal authorities.

Bradley Moss, a DC-based lawyer with extensive national security experience, said that the ruling from Howell provided Cannon a “clear road map” to consider the attorney-client privilege issues.

But Cannon hasn’t even scheduled a hearing on the topic, which the parties began arguing over in court papers in February.

“That she continues to sit on the matter is inexcusable,” Moss said.

Compared to the DC judges, Cannon has been more reluctant to rule on issues before her, often giving wide latitude for defendants’ claims to be argued over several rounds in court and has entertained attempts to pull the case away from its central issues and into arguments viewed as fringe by a broad spectrum of legal scholars.

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Howell, in a pre-indictment ruling that let investigators obtain details of conversations Trump had with his attorney that otherwise would have been protected by privilege, said that there was “strong evidence” that Trump “intended” to hide the classified documents. Howell’s 84-page opinion last March agreed with prosecutors’ arguments of potentially criminal obstructive behavior by Trump that is now central to the criminal case.

Howell analyzed much of the same Trump conduct that girded charges that were filed roughly three months later, and the judge found that prosecutors had put forward “sufficient” evidence of a crime to allow for the privilege to be breached. That is a lower bar than what an eventual jury will have to grapple with in the case.

Judge Beryl A. Howell

But the exercise required Howell to confront some of the very same Trump defenses that his lawyers are now putting before Cannon.

For instance, Howell made the point that even if Trump, as a former president, had the authority to keep the classified materials, he was required by a relevant law to “safeguard” the information, and in this case the “classified documents were stored in unauthorized and unsecured locations,” she said.

A similar argument Trump made in his trial court has tied Cannon up in knots. While she ultimately rejected a Trump bid to dismiss the case on the grounds he could have kept them post-presidency, she did so after hours of oral arguments, an additional round of written arguments and with a ruling that sidestepped the legal merits of the argument.

The newly unsealed ruling from Boasberg, meanwhile, rejected a request this month from Trump and his co-defendants that the DC-based judge hand over to Cannon several records of confidential grand jury proceedings.

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The effort to transfer the records is being spearheaded by Trump’s valet and co-defendant Walt Nauta, who is seeking to bring scrutiny to a 2022 interaction his attorney had with prosecutors after Nauta stopped cooperating against Trump.

Boasberg’s ruling included a word of caution — perhaps an implicit jab at Cannon — about the possibility that the confidentiality of the grand jury would be hurt if its records were handed over to another court that is not fully steeped in that grand jury’s history.

It was an apparent dead end with the DC-based judge.

“Such a court, venturing beyond its expertise, may disclose more material than warranted,” Boasberg wrote.

Boasberg, an Obama appointee, cited extensive case law and even prior decisions in DC. He has also sent a “recommendation” to Cannon on how to handle secrecy of other grand jury records more relevant to the case, which Boasberg’s court has provided to the Florida court.

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Jude James Boasberg

Boasberg’s ruling called out Nauta’s lawyers for trying to game the system with Cannon in Florida in a search for past secret courts records that they think could help him.

Boasberg deemed it, bitingly, a “fishing expedition.”

“His request extends to matters he knows nothing about,” Boasberg wrote. “He imagines that upon transfer to Florida, the court presiding over his criminal case would sift through the records docket by docket and entry by entry, plucking out whatever material it deems relevant to his defense.”

Still, Nauta’s attorney continued to argue to Cannon last week that even without the older records from DC, she could reopen the dispute Boasberg previously handled in her court.

Cannon, a Trump appointee confirmed to the bench in late 2020, has far less experience than the DC court handling cases where high-stakes political implications intersect with national security interests.

For instance, Boasberg previously served as the chief judge on another powerful judicial bench that works almost solely in the national security space, the Foreign Intelligence Surveillance Court. The court looks at surveillance warrants related to national security intelligence matters, and it handles extensive classified issues from its base out of Washington.

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And Howell, also an Obama appointee, is one of the most seasoned judges in the country on the sort of attorney-client privilege disputes that occurred during the Trump grand jury investigations, with more public opinions on the topic in politically charged investigations than perhaps any other judge in the country.

Cannon, conversely, has presided over only four criminal trials since Trump appointed her to the bench in 2020, in a courthouse ​so sleepy it didn’t have a secured facility to look at classified records until months after Trump’s case landed on her docket last June. She is taking months to work through classified records issues in the case, and hasn’t even scheduled hearings on a major set of disputes to come over the national security records the defense lawyers may want to use at trial.

“Simply greater exposure to this litigation process alone speaks to the speed and detail with which these two DC judges handled these matters in comparison to Judge Cannon,” Moss said.

CNN’s Hannah Rabinowitz contributed to this report.

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Washington, D.C

DC parents rally to spare early childhood education from budget cuts

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DC parents rally to spare early childhood education from budget cuts


Faced with looming concerns about D.C. budget cuts, a group of parents, child care providers and businesses staged a “day of action” — warning that cuts to early childhood education could make it harder for parents to hold on to their jobs.

Mayor Muriel Bowser’s emergency budget could cut $400 million from current spending. Child care advocates tell FOX 5 they’re very concerned.

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But looking ahead, the 2026 budget is already facing a $1 billion deficit over the next three years, driven in part by hits to D.C.’s economy from federal job cuts by the Trump administration.

Local perspective:

A group called Under 3 DC walked the halls of the Wilson Building Tuesday, urging city officials to spare child care and early childhood programs from the chopping block. Bowser acknowledged that “investments in kids” fueled the last economic renaissance in the District — but said with the tough forecast ahead, spending will need to be prioritized.

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“When you ask me how we will prioritize those things? We’ll look to our budget for ‘26—which we’re excited about—and look forward to being able to give it to the council very soon,” said Bowser. 

The backstory:

Bowser is putting a freeze on new spending as the District deals with a massive budget problem created by Congress. 

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As of right now, there are no planned closures to District facilities or plans to stop any services. No furloughs either. But the city’s memo makes it clear that all of those things are on the table.

City officials have to formulate a budget that is $410 million lower between now and Sept. 30.

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D.C. leaders would not give an estimate of how much these freezes will save but the frustration caused by Congress is palpable. The District has the money it needs to remain fully functional but they can’t spend it because of a mistake in the federal spending bill. 

The Senate passed a fix and the president supports the fix but the House has not voted on it and they don’t return until the end of the month.

“I thought that because we had a bipartisan bill that came out of the Senate, we had the full-throated support of the President of the United States. This bill doesn’t save one penny of federal dollars and it was perfectly teed up for a vote, that’s why,” she said. 

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The City Administrator has to give a plan to the mayor about further reducing money spent through potential furloughs or facility closures.

The mayor says that the plan cannot close schools but does give the city administrator the authority to terminate contracts, leases or other ways to reduce.

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The Source: This story includes previous FOX 5 DC reporting as well as sound from a rally at the Wilson Building Tuesday. 

D.C. SchoolsMuriel Bowser



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Washington, D.C

‘We're the sports capital': Bowser takes questions on Commanders stadium plans

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‘We're the sports capital': Bowser takes questions on Commanders stadium plans


D.C. Mayor Muriel Bowser made her first public remarks on the expected deal worth more than $3 billion to bring the Commanders back to the District.

Last week, News4 was first to report the team and city are approaching a deal to build a new stadium at the RFK Stadium site. It would have the team put up as much as $2.5 billion and the District as much as $850 million.

At a press event Monday to celebrate a mixed-use development at the Deanwood Metro station in Ward 7, reporters asked Bowser for details. While she was set on avoiding direct discussion of the stadium deal, she reiterated her support for investing in stadiums as she prepares to cut hundreds of millions of dollars from the city’s budget.

“I think that D.C. residents, especially D.C. residents right here in Ward 7, are very excited about world-class sports. They were excited about the Washington Nationals, the Washington Wizards, the Washington Capitals, the Washington Mystics, DC United. They know we’re the sports capital and they know what that means for our economy,” she said. “But more than that, I look forward in a couple of days [to] presenting our ideas about how we address a shifting economy.

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“And our economy is shifting because of federal government decisions about people, headquarters and the like,” Bowser continued. “And so Deputy Mayor Albert and I, and our entire team, is very focused on how we prepare D.C. for a different economy. And a big, big bright spot in our economy is entertainment and sports. So, we’re gonna be presenting to the council a very robust plan about how we change our economy to get ready for the future.”

Bowser was asked specifically about the Homes Not Stadiums effort by some residents. They’re seeking a ballot initiative to block stadium plans.

“We are looking forward to discussing with the community affordable housing. I can’t speak on any fervor. I don’t see fervor. The fervor I see is for bringing our team home,” she said.

Organizers of the Homes Not Stadiums movement would need about 23,000 signatures form D.C. voters to get the measure on the June ballot. Several ballot initiatives have been successful in shaping D.C. law in recent years, including on minimum wage for tipped workers, decriminalizing cannabis and, most recently, ranked choice voting.



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Washington, D.C

$3 Billion RFK Stadium Proposal May Bring The Washington Commanders Back To D.C.

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 Billion RFK Stadium Proposal May Bring The Washington Commanders Back To D.C.


While it has been nearly 30 years since Washington’s NFL team has played a game in the District, the Commanders are reportedly closer than ever before to signing a deal with the D.C. city council that will bring them back ‘home’ from their current stadium in Landover, Maryland.

While the Commanders have been playing in Landover since 1997, the stadium has been plagued with issues ranging from reportedly poor field quality for the players leading to injuries to stadium infrastructure breaking at the expense of paying fans for years.

So, while the news of a new stadium coming soon is no surprise, the question is more about where it will be located.

What is the deal between the Commanders and the D.C. City Council, and has it been finalized?

No official statement has been made saying any deal has been completed that would bring the Commanders back to the District; however, it’s now being widely reported that the city council and the Washington Commanders are ‘close’ to a $3 billion deal.

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The alleged deal would have the District’s government contribute roughly $850 million to the stadium project, while the Commanders would foot the remaining $2.5 billion of the bill.

According to the same reports, the structure of the deal’s financing would allow D.C. to pay $500 million between 2026 and 2030, and the remaining $350 million would be paid off in 2032 through tax revenue generated from the new development.

When is the new stadium going to be built?

According to the Commanders’ new owner, Josh Harris, who has been vocal about his interest in returning the team to the District, a reasonable target would be a completed new stadium by 2030.

Plus, given that this deal reportedly stipulates that the new stadium be completed by 2030, it further insinuates that the project could start as soon as this year if the deal were to go through!

commanders RFK stadium redesign
(Image design by KATO / Visualizations by ATCHAIN)

Where is the new stadium going to be located?

All signs point to the stadium taking over the currently decrepit RFK Stadium site, which has been ostensibly abandoned since 2017.

As of March 2025, the demolition of the current RFK Stadium has been underway for just a few months, with mostly interior sections being broken down, whereas it’s expected that demolition of the exterior will commence in April.

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According to the Events DC site, the demolition will cost $25 million and is expected to run through Fall 2026.

Why are people opposing this deal?

Those opposing this deal are not without reason; building a new Commanders Stadium in the District would definitely impact property value in the District.

Given the already high cost of living in the District, with options for affordable housing around Washington, D.C. being limited, to say the least, many are upset to see such a high budget of taxpayer funds being used for the stadium rather than affordable housing.

What is the new RFK Stadium going to look like?

Considering the deal has yet to be finalized, it is not guaranteed that a new stadium will be built at the RFK site at this point.

However, some exciting proposals have been made, such as the design from a Virginia Tech Grad that went viral earlier this year.

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