Trump’s hush-money case sentencing put on hold
A New York judge on Friday granted Donald Trump permission to seek dismissal of the criminal case in which he was convicted in May of 34 felony counts involving hush money paid to a porn star in light of his victory in the Nov. 5 presidential election.
New York State Supreme Court Justice Juan Merchan formally delayed the sentencing of Trump, which had been scheduled to take place next Tuesday. Prosecutors with Manhattan District Attorney Alvin Bragg’s office this week asked Merchan to consider deferring all proceedings in the case until after Trump, 78, finishes his four-year presidential term that begins on Jan. 20.
Lawyers for Trump, a Republican, have argued that the case must be dismissed because having it loom over him while he is president would cause “unconstitutional impediments” to his ability to govern. Bragg’s office said it would argue against dismissal, but agreed that Trump deserves time to make his case through written motions.
Merchan on Friday set a Dec. 2 deadline for Trump to file his motion to dismiss, and gave prosecutors until Dec. 9 to respond. The judge did not set a new date for sentencing or indicate how long proceedings would remain on hold. Merchan also did not indicate when he would rule on Trump’s motion to dismiss.
Representatives for Trump’s campaign and for Bragg’s office did not immediately respond to requests for comment.
The case stemmed from a $130,000 US payment, made by Trump’s former lawyer Michael Cohen to adult film actress Stormy Daniels, for her silence before the 2016 election about a sexual encounter she has said she had a decade earlier with Trump.
Trump denies the affair.
A Manhattan jury found Trump guilty of falsifying business records to cover up his reimbursement of Cohen. It was the first time a U.S. president — former or sitting — had been convicted of or charged with a criminal offence.
Trump pleaded not guilty in the case, which he has sought to portray as a politically motivated attempt by Bragg, a Democrat, to interfere with his campaign.
Trump last week nominated his defence lawyers in the hush-money case, Todd Blanche and Emil Bove, to serve senior roles at the Justice Department during his administration.
Trump faced four criminal indictments for months while running for president.
The case accusing Trump of hoarding classified documents at his Mar-a-Lago estate had been seen as the most legally clear-cut of the four indictments against him, given evidence including testimony of aides and a former lawyer, but the judge dismissed the case in a ruling questioning the legality of appointing special counsel Jack Smith.
Smith appealed that ruling, but last week asked for a pause on the appeal given Trump’s Nov. 5 election win. Smith’s team had already secured a similar pause in another federal case involving Trump efforts to overturn his defeat in the 2020 election.
Trump and several associates were indicted in a racketeering case in Georgia over similar 2020 election actions in that state. The outstanding cases have been in limbo, as some defendants sought to disqualify the prosecuting attorney.
The Supreme Court ruling on immunity this year also could complicate some of the cases.
As president, Trump would have no power to shut down the New York or Georgia cases because they were filed in state courts.
Lawrence Douglas, professor of law at Amherst College in Massachusetts, says that while Donald Trump won’t be able to pardon himself on state charges against him, he won’t likely serve time and, as president, he’ll be able to make sure federal cases against him don’t go to trial.
Published at Fri, 22 Nov 2024 17:54:54 +0000
Former Brazilian leader Jair Bolsonaro accused of plotting to overturn 2022 election
Former Brazilian president Jair Bolsonaro plotted a coup to overturn that country’s 2022 election along with dozens of ex-ministers and senior aides, federal police said in a formal accusation filed on Thursday with the Supreme Court.
The final police report caps a nearly two-year investigation into Bolsonaro’s role in the election-denying movement that culminated in riots by his supporters that swept Brasilia, the capital, in January 2023, just a week after his rival Luiz Inacio Lula da Silva took office.
Many protesters at the time said they wanted to create chaos to justify a military coup, which they considered imminent. Earlier this week, police arrested five alleged conspirators suspected of planning to assassinate Lula before he took office.
Investigators found evidence Bolsonaro knew of that alleged plan, according to police sources familiar with the probe.
Bolsonaro said on social media that investigators and the Supreme Court judge overseeing the case had been “creative” and done “everything the law does not say,” adding that he would have to look more at the formal police accusation. His lawyer told Reuters he would wait to see the report before commenting.
The formal police accusations against Bolsonaro are a fresh blow to his plan to run for president in 2026. U.S. President-elect Donald Trump’s recent victory had buoyed Bolsonaro allies trying to overturn a court decision that has blocked him from public office for attacking the legitimacy of the 2022 vote.
Decision on possible charges to come
The Supreme Court said it expects to send the police report — the full details of which remain confidential — next week to the country’s prosecutor general, who will decide whether to press charges against Bolsonaro and 36 others accused of criminal conspiracy to violently overthrow democracy.
Federal police said they had presented evidence based on search warrants, wiretaps, financial records and plea bargain testimony.
They said conspirators divided their efforts between spreading disinformation about the election, inciting the armed forces to join a coup, and operational support for “coup-mongering actions,” along with legal support and intelligence.
Among the accused are two of Bolsonaro’s former defence ministers, including his 2022 running mate, retired general Walter Braga Netto; his former national security adviser, retired general Augusto Heleno; former navy commander Almir Garnier Santos; and former justice minister Anderson Torres.
Lawmaker Alexandre Ramagem, who ran the Brazilian spy agency ABIN, and the head of Bolsonaro’s right-wing Liberal Party, Valdemar Costa Neto, were also among the accused named in a federal police statement.
Lawyers for Heleno and aides for Ramagem declined to comment.
The legal defences from Braga Netto and Torres said they would wait to officially get the police report before commenting.
Representatives for Garnier Santos, Brazil’s Defence Ministry, and navy did not immediately respond to requests for comment. The country’s army said it does not comment on ongoing processes from other bodies.
Representatives for Costa Neto also did not respond to calls for comment. But Rogerio Marinho, general-secretary of the Liberal Party, said in a statement that the police move over Costa Neto and others represents an “incessant political persecution” against the political wing they represent.
5 arrests in plot targeting Luna
Police on Tuesday arrested five people suspected of involvement in the assassination plot targeting Lula, then president-elect, and his running mate Geraldo Alckmin, days before they took office.
Lula, speaking at the presidential palace on Thursday, said he was lucky to be alive. “The attempt to poison me and Alckmin didn’t work and here we are,” he said.
Tuesday’s arrests included a deputy minister in Bolsonaro’s cabinet who had in his possession a document outlining the plan that had been printed at the presidential palace.
A police source said investigators confirmed Bolsonaro was at the presidential palace when the document was printed, and they had found evidence on cellphones of conversations between aides suggesting the former president was aware of the plot.
Bolsonaro never recognized his October 2022 electoral defeat and he left Brazil for Florida days before Lula’s inauguration.
He eventually returned to Brazil and surrendered his passport to police investigating his role in the January 2023 capital riots, when supporters stormed and vandalized the Supreme Court, Congress and the executive presidential palace.
When ordering the seizure of Bolsonaro’s passport, a judge cited evidence that Bolsonaro in November 2022 had seen and modified a draft decree to overturn electoral results and lock up Supreme Court judges and the Senate leader.
After tweaking the decree, Bolsonaro summoned military commanders and pressured them to support a coup, according to the police account, based on phone records and plea bargain testimony from the ex-president’s former aide-de-camp.
Former army and air force commanders also told investigators that Bolsonaro was involved in plans to overthrow democracy, according to testimony released by the Supreme Court in March.
Federal police finished two separate criminal probes of Bolsonaro and his associates earlier this year formally accusing them of tampering with COVID-19 vaccination cards while in office and of embezzling jewelry gifted by the Saudi government.
Bolsonaro has denied wrongdoing in both cases.
A person close to Brazil’s prosecutor general, Paulo Gonet, said he is likely to consider the result of all three probes targeting the former president before making a decision on presenting charges, without any clear deadline.
Even as his legal woes have mounted, Bolsonaro remains the central figure of a right-wing movement driving Brazilian politics for the past six years. His party is the largest in the lower house of Congress and made strides in municipal elections last month.
Brazilian court cases can take years to reach final judgment and even then they are subject to appeals and reversals.
Lula was convicted of taking bribes and spent over a year and a half in jail before the Supreme Court threw out the case in 2021, allowing him to run for his third, non-consecutive presidential term in 2022.
Published at Fri, 22 Nov 2024 02:29:06 +0000
