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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




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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.

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.

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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.

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.

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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.

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.

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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.

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.

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CNN’s Hannah Rabinowitz contributed to this report.



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Nonprofit sues the federal government over plans to paint Lincoln Memorial Reflecting Pool blue

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Nonprofit sues the federal government over plans to paint Lincoln Memorial Reflecting Pool blue


With a blue sky above the Lincoln Memorial, people walk along the reflection pool in Washington, D.C., on June 9, 2023.

Jose Luis Magana/AP


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Jose Luis Magana/AP

A nonprofit is suing the National Park Service, the Department of the Interior and Interior Secretary Doug Burgum over the decision to resurface the Lincoln Memorial Reflecting Pool at Washington D.C.’s National Mall, and to paint the pool’s basin blue.

The suit was filed Monday in U.S. District Court for the District of Columbia by The Cultural Landscape Foundation (TCLF), an education and advocacy organization. In the suit, TCLF is asking a federal judge to halt the project, saying that the Trump administration failed to have the project reviewed federally, as is dictated by the National Historic Preservation Act.

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President Trump revealed his plans for the pool do-over last month in “American flag blue,” saying that the project would take one week and $2 million, and that it would be completed in time for the 250th anniversary of the Declaration of Independence on July 4. A few days later on Truth Social, the president posted a fake image of himself and several of his administration officials in swimsuits, along with an unidentified woman in a gingham bikini, lounging in the water with the Washington National Monument at the rear. (Swimming in the reflecting pool is prohibited by federal law.)

In a YouTube video posted by the White House on April 23, Trump called the pool “filthy dirty” and said it “leaked like a sieve.” In that video, Trump said he was going to call three companies that he has worked with in the past – “all they do is swimming pools” – and say, “Give me a good price.”

The New York Times reported last Friday that the contract for the reflecting pool’s resurfacing was awarded in a $6.9 million no-bid contract to a company called Atlantic Industrial Coatings, which previously has never held any federal contracts.

An employee at the Atlantic Industrial Coatings confirmed in a telephone call on Monday that it has been contracted for this project, but referred all other questions to the Department of the Interior.

The Times reported on Monday that the final cost of the project could be upward of $13 million, per documents it says it has obtained. The Department of the Interior did not confirm the cost of the project, but wrote: “The contract price reflects the effort necessary to expedite the timeline of completing the leak prevention coating project—more people, more materials, more equipment and longer hours ahead of our 250th.”

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In an unsigned statement emailed to NPR Monday afternoon, the Interior Department wrote: “The National Park Service chose the best company to expedite the repair of the iconic Reflecting Pool ahead of our 250 celebrations. The choice of American Flag Blue will enhance the visitor experience by making the pool reflect the grand Lincoln Memorial and Washington Monument. NPS is also investing in a state-of-the-art ozone nanobubbler filtration system and will now have a dedicated crew who will maintain the grounds’ from wildlife. The Department is proud of the work being carried out by our Park Service to ensure this magical spot can be enjoyed for not only our 250th, but for many generations to come.”

Critics of the project, including TCLF, don’t share that vision – and are taking particular umbrage at the color.

“The reflecting pool should not be viewed in isolation; it is part of the larger ensemble of designed landscapes that comprise the National Mall,” Charles A. Birnbaum, the president and CEO of TCLF, said in a statement emailed to NPR Monday. “The design intent, to create a reflective surface that is subordinate, is fundamental to the solemn and hallowed visual and spatial connection between the Washington Monument and the Lincoln Memorial. A blue-tinted basin is more appropriate to a resort or theme park.”

The National Park Service regularly cleans out algae, goose droppings and other detritus from the reflecting pool. The last major renovation of the reflecting pool, which included the installation of a new circulation and filtration system, took place during the Obama administration at a reported cost of $34 million.

Before founding TCLF in 2008, Birnbaum served for 15 years as the coordinator of the Historic Landscape Initiative for the National Park Service.

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TCLF has another open lawsuit against the federal administration: it is one of eight cultural and architecture groups currently suing President Trump and the Kennedy Center board over the planned renovations of the complex, which are planned to start in July.



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K-9 Knox to be honored at ceremony in Washington, D.C. on Monday

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K-9 Knox to be honored at ceremony in Washington, D.C. on Monday


The memorial service will be held at the National Law Enforcement Officers Memorial at 1 p.m.

A brave K-9 hero from the region will be honored at the Annual National Police K9 Memorial Service on Monday afternoon. (Roanoke Police Department)

WASHINGTON D.C. – A brave K-9 hero from the region will be honored at the Annual National Police K9 Memorial Service on Monday afternoon.

K-9 Knox died in the line of duty last year after he was accidentally hit by a police vehicle while pursuing a suspect involved in a stolen vehicle incident. He was a 3-year-old German shepherd and had served as a narcotics detection and patrol apprehension K-9 for the Roanoke Police Department since May 2023.

The memorial service will include a wreath-laying ceremony and will be held at the National Law Enforcement Officers Memorial in Washington, D.C., at 1 p.m. The event will open with a musical performance by Frank Ray, and the guest speaker will be Deputy Jared Hahn of the Miami-Dade Sheriff’s Office K-9 Unit.

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The San Antonio Police Department Blue Line Choir will sing the national anthem, and the Emerald Society Pipes & Drums band will also perform.




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Storm Team4 Forecast: Showers, cool temps to start off the workweek

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Storm Team4 Forecast: Showers, cool temps to start off the workweek


4 things to know about the weather:

  1. Shower chance Monday morning
  2. Cooler Monday
  3. Midweek rain chance
  4. Warmer end to the week

Showers continue to move west with a cold front tonight. There will be a break in the rain overnight, but showers return for the start of the day on Monday. Monday afternoon will be dry, but noticeably cooler.

Sunshine returns Tuesday, but the break in the rain will be short-lived with rain chances on Wednesday

Download the NBC Washington app on iOS and Android to check the weather radar on the go.

QuickCast

TONIGHT:
Showers early
Mostly cloudy
Wind: N 5-10 mph
LOW: Low 50s

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MONDAY:
Morning shower chance
Wind: N 5-10 mph
HIGH: Upper 60s

TUESDAY:
Sunny
Wind: N 5-10 mph
HIGH: Near 70°

WEDNESDAY:
Shower chance
Wind: S 5-10 mph
Gusts at 20 mph
HIGH: Low 70s

SUNRISE: 5:59 a.m.    SUNSET: 8:10 p.m.
AVERAGE HIGH: 75°   AVERAGE LOW: 56°

Stay with Storm Team4 for the latest forecast. Download the NBC Washington app on iOS and Android to get severe weather alerts on your phone.

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