#special-counsel
#special-counsel

Judge Chutkan Declines To Sanction Special Counsel For Aggravated Filing Stuff

Donald Trump's lawyers filed a motion demanding that Special Counsel Jack Smith and his deputies be held in contempt of court.

Judge Tanya Chutkan did not impose contempt sanctions but acknowledged that some burden is placed on defense counsel by the special counsel's motions. [ more ]

New York Post

DOJ has spent more than $23M investigating Trump, $6.4M probing Biden

The investigations into former President Donald Trump by Special Counsel Jack Smith have cost taxpayers over $23 million

Investigations into President Biden's classified documents case have cost about $6.4 million [ more ]

emptywheel

When Michael Dreeben Accepted John Sauer's Invitation to Talk about Speech and Debate - emptywheel

The appeal of Judge Tanya Chutkan's immunity opinion by Trump is interesting for the personnel involved.

Former Deputy Solicitor General Michael Dreeben has joined the Special Counsel team for the appeal. [ more ]

www.mediaite.com

Trump Says Jack Smith Is Trying to Get a Guilty Plea from the Supreme Court'

Former President Donald Trump appeared confused during a rally, falsely claiming that the special counsel prosecuting him is seeking a guilty plea from the Supreme Court.

Trump's attorneys argue that his attempt to overturn the 2020 election falls under his official duties as president, making him immune from prosecution. [ more ]

www.nytimes.com

Why Jack Smith Is Taking Trump's Immunity Claim Straight to the Supreme Court

Special counsel Jack Smith has asked the Supreme Court to rule on former President Donald Trump's attempt to dismiss charges of election subversion on the basis of executive immunity before a lower appeals court gets the chance to consider the issue.

Smith is requesting the Court to decide whether the Constitution grants absolute immunity to a former president against federal prosecution for crimes committed while in office. [ more ]

emptywheel

The US Attorney for Delaware Treats Contract Law as a Hypertechnicality - emptywheel

Weiss' transition to Special Counsel

Technical challenges do not affect core felony conduct. [ more ]

emptywheel

Tucking In Alexander Smirnov: Abbe Lowell Accuses David Weiss of Doing Russia's Bidding - emptywheel

The defendant claimed the Special Counsel's investigation infected the case.

The defendant's shifting claims about the Special Counsel's actions raise doubts about the credibility of his arguments. [ more ]

New York Post

This lying witness does not exonerate the Bidens

Special Counsel charged Alexander Smirnov for spreading a false story about Hunter Biden.

The filing undermines claims of a Russian disinformation campaign. [ more ]

New York Post

Hunter Biden lawyers ask Delaware judge to dismiss gun charges

Hunter Biden's lawyers have requested the dismissal of weapons charges brought against him.

They argue that the indictment violated a past agreement, is based on an unconstitutional firearms statute, and that the special counsel was unlawfully appointed. [ more ]

ABC7 San Francisco

Special counsel hearing live: Hur defends his characterization of Biden's memory

Biden denies knowingly retaining classified information after leaving office.

Special counsel clears Biden of criminal charges but criticizes his age and competence. [ more ]

www.npr.org

Jill Biden wonders whether special counsel used son's death to score political points

First Lady Jill Biden defends President Biden's memory in response to special counsel's comments about his son's death.

Biden's team is working to alleviate concerns about the president's age and memory. [ more ]

www.nytimes.com

No Trial for Biden Over Documents, but a Political Mess

Special counsel concludes no criminal charges against President Biden for handling classified material.

Biden criticized for sharing sensitive information with a ghostwriter and having memory lapses during interviews. [ more ]

www.mediaite.com

Biden Makes Stunning Mexico-Egypt Gaffe in WH Presser

President Biden made a gaffe by confusing Mexico with Egypt during a press conference.

The gaffe comes just hours after a Special Counsel report criticized Biden's cognitive function. [ more ]

www.mediaite.com

White House Bristles At Inaccurate and Inappropriate' Comments In Brutal DOJ Report

The White House reacts to the Special Counsel's report on President Biden's retaining of classified documents, praising the decision not to indict him and acknowledging his cooperation.

The White House plans to take new actions to prevent similar mistakes in the future. [ more ]

ABA Journal

Does narrowed question in Trump immunity case benefit special counsel? Some commentators think so

Supreme Court narrowed focus on presidential immunity for conduct during office

Focus on official acts rather than absolute immunity may benefit special counsel [ more ]

The Nation

Special Counsel Jack Smith Just Made a Classic Poker Move

Special Counsel Jack Smith has taken his case against Trump directly to the Republican-controlled Supreme Court.

Smith wants the Supreme Court to rule quickly on Trump's immunity to prosecution for crimes he committed while in office. [ more ]

english.elpais.com

A blow to candidate Joe Biden

The special counsel appointed to investigate Joe Biden has declined to file charges against the U.S. president, citing insufficient evidence and the policy of not indicting sitting presidents.

The special counsel's report mentioned that it would be difficult for a jury to convict Biden due to his sympathetic image as an elderly man with a poor memory. [ more ]

Washington Post

How Justice Dept. special counsel policies let Hur critique Biden's memory

Special counsel Robert K. Hur's final report concludes that Joe Biden mishandled classified materials in 2017, but there was not enough proof that he intended to break the law.

The report also highlights President Biden's allegedly faulty memory, sparking criticism and backlash from Republicans and Democrats alike. [ more ]

New York Post

By propping up Biden, Dems are committing elder abuse - and abusing the nation

President Biden has been described as an elderly man with a poor memory by special counsel Robert Hur.

There are concerns about Biden's mental fitness to run the country, despite publicly dismissing these concerns. [ more ]

www.theguardian.com

Special counsel report on Biden a partisan hit job', Democrats say

Senior aides and political observers criticize special counsel Robert Hur for discussing President Biden's age and fading memory in his report on Biden's retention of classified information.

Comparisons are made to James Comey's investigation of Hillary Clinton's emails in 2016, suggesting that Hur's report could have a similar impact on the election. [ more ]

www.theguardian.com

Biden classified documents special counsel report: six key takeaways

The US Department of Justice special counsel concluded that Joe Biden willfully kept and shared classified information after his vice-presidency, but he will not face criminal charges.

Biden's team criticized the report, citing inappropriate comments and investigative excess. [ more ]

Intelligencer

Biden Rebukes Special Counsel Over 'Faulty Memory' Claim

Joe Biden will not be charged with any crimes for taking classified documents to his home in Delaware.

The special counsel report detailed instances where Biden appeared to have problems with his memory, sparking pushback from Biden and the White House. [ more ]

morejoe-biden

emptywheel

In Advance of Robert Hur Hit Job, DOJ Updated Public Identification Policy - emptywheel

Weinsheimer defends Special Counsel Hur's comments on uncharged conduct by citing Department policy.

Biden's attorneys were initially confused but later found the reference in a recent addition to the Justice Manual. [ more ]

Intelligencer

How Bad Is the Special Counsel's Report for Biden?

The special counsel will not charge President Biden for having classified documents at his home in Delaware.

Special counsel Robert Hur stated that Biden had 'diminished faculties and faulty memory' in their conversations together. [ more ]

www.mediaite.com

Devastating DOJ Report Says Biden 'Did Not Remember When He Was Vice President'

President Joe Biden will not be charged over his retention of government documents.

Special Counsel Robert Hur stated that Biden could present as a sympathetic, well-meaning, elderly man with a poor memory if charged. [ more ]

emptywheel

David Weiss Buries Bill Barr Right Alongside Tony Bobulinski - emptywheel

David Weiss' Special Counsel team has avoided dealing with inconvenient evidence in regards to the investigation into Bill Barr.

The discovery response by Derek Hines does not address a single piece of evidence that Hunter Biden showed to support his argument. [ more ]

www.npr.org

Hunter Biden is indicted on federal tax charges

Hunter Biden has been charged with nine counts related to failure to pay federal taxes on millions of dollars of income.

The charges stem from special counsel David Weiss' investigation into President Biden's son. [ more ]

www.cnn.com

What special counsel's team is asking court to do regarding Trump

Special counsel urges Supreme Court to deny Trump immunity and allow trial in election subversion case to proceed quickly. [ more ]

www.nytimes.com

Here are the lawyers arguing the case.

The lawyers arguing the case of whether Trump is immune to charges have experience in high-profile appeals.

James Pearce, arguing on behalf of the special counsel, has played a crucial role in supporting cases against Capitol rioters. [ more ]

www.mediaite.com

Trump Lashes Out at Jack Smith for Not Filing Lawsuit 3 Years Ago' Which Was BEFORE Jan 6 Even Happened

Former President Donald Trump falsely claims that charges should have been filed three years ago, showing a misunderstanding of the timeline of the alleged crimes.

Trump's assertion of election interference by the Biden administration lacks evidence and serves as a deflection tactic. [ more ]

HuffPost

Special Counsel Asks Supreme Court To Rule Quickly Whether Trump Can Be Prosecuted

Special counsel Jack Smith is asking the Supreme Court to quickly rule on whether former President Donald Trump can be prosecuted for plotting to overturn the 2020 election results.

The case raises the question of whether a former president is immune from federal prosecution for crimes committed while in office. [ more ]

english.elpais.com

Special counsel Jack Smith asks Supreme Court to rule quickly on whether Trump can be prosecuted

Special counsel Jack Smith has asked the Supreme Court to rule on whether former President Donald Trump can be prosecuted for plotting to overturn the 2020 election results.

The request reflects Smith's desire to prevent any delays that could push back the case until after the next presidential election. [ more ]

www.mercurynews.com

Special counsel asks high court to rule on Trump's immunity

Special counsel Jack Smith asks Supreme Court to rule quickly on whether Trump can be prosecuted for plotting to overturn 2020 election results

Smith wants to prevent delays and keep trial on track, potentially impacting next year's presidential election [ more ]

Above the Law

Morning Docket: 02.09.24

Hawai'i Supreme Court upholds state gun laws

Special Counsel in Biden document case takes unorthodox prosecutorial strategy [ more ]

Axios

Trump lawyers seek to hold Jack Smith in contempt of court in 2020 election case

Former President Trump's legal team has filed a motion arguing that special counsel Jack Smith should be held in contempt of court for violating the stay order in the federal 2020 election case.

Trump's lawyers have asked Judge Tanya Chutkan to release an order explaining why prosecutors should not be held in contempt and barred from submitting future filings. [ more ]

WSJ

Jack Smith Seeks Focus on Before and After in Trump's Election-Interference Trial

Special counsel intends to pursue a broad and deep approach in the case against Donald Trump for overturning the 2020 election results.

This approach may seal the victory for the special counsel but could also make the case more vulnerable. [ more ]

www.npr.org

Prosecutors cite Trump's history of false election claims as evidence of motive

The special counsel team prosecuting Donald Trump wants to use his false claims about election fraud to show his motive and intent to cling to power.

Prosecutors plan to introduce evidence of an unnamed co-conspirator who encouraged rioting and obstruction after the vote count leaned in Joe Biden's direction. [ more ]

Axios

Jack Smith using decade-old Trump tweets as "record" of "baseless" fraud claims

Special counsel plans to present evidence of Trump's false claims about electoral fraud since 2012 in the federal 2020 election case.

The evidence is meant to show Trump's motive, intent, and plan to obstruct the certification of the 2020 election results. [ more ]

www.cnn.com