Trump judge imposes partial gag order ahead of Jan 6 trial – live

The judge overseeing the federal criminal case charging Donald Trump for his efforts to overturn the 2020 presidential election has imposed a partial gag order muzzling some of what the former president can say about his upcoming trial.

Special Counsel Jack Smith asked for Mr Trump to be placed under a gag order because of his “continued use of social media as a weapon of intimidation in court proceedings”.

US District Judge Tanya Chutkan agreed with some of what prosecutors argued, ruling that Mr Trump and others in the case are not to make, post or share statements targeting Mr Smith, the court, court staff, and witnesses in the case.

The former president also can’t refer to Mr Smith as a “thug” or “deranged”.

This comes as Mr Trump has made a series of controversial comments on other matters this week.

In a pre-taped video posted on Truth Social on Saturday, the former president bizarrely claimed that Republicans “eat their young” and there was significant backlash to remarks about the Israel-Hamas conflict.

Meanwhile, Mr Trump’s campaign fundraising is being dwarfed by President Joe Biden’s, raising $46m in the past three months, with $38m cash-on-hand to Mr Biden’s $71m in the same time period.

Key Points

  • Judge Chutkan grants in part special counsel request for Trump gag order

  • Judge Chutkan says she will not revisit Jan 6 case trial date

  • Trump backpedals Netanyahu criticism after angry reaction to Israel remarks

  • Trump prepares for showdown with Michael Cohen in New York court

  • After testimony abruptly ends, NY AG looking at Forbes claims about Weisselberg, report says

Watch: Trump comments on gag order at Iowa rally

09:45 , Oliver O'Connell

Proud Boys member pleads guilty to Jan 6 obstruction charge

08:15 , AP

A Proud Boys member who joined others from the far-right group in attacking the U.S. Capitol pleaded guilty on Monday to obstructing the joint session of Congress for certifying Joe Biden‘s 2020 electoral victory.

William Chrestman, 49, of Kansas, also pleaded guilty to threatening to assault a federal officer during the riot at the Capitol on Jan. 6, 2023.

U.S. District Judge Timothy Kelly is scheduled to sentence Chrestman for his two felony convictions on Jan. 12. Estimated sentencing guidelines for his case recommended a prison term ranging from four years and three months to five years and three months.

Chrestman brought an axe handle, gas mask, helmet and other tactical gear when he traveled to Washington, D.C., with other Proud Boys members from the Kansas City, Kansas, area, On Jan. 6, he marched to the Capitol grounds with dozens of other Proud Boys leaders, members and associates.

Chrestman and other Proud Boys moved past a toppled metal barricade and joined other rioters in front of another police barrier. He shouted a threat at officers and yelled at others in the crowd to stop police from arresting another rioter, according to prosecutors.

Read the full story.

Trump ‘wants to give evidence’ at High Court over ‘wholly untrue’ allegations

06:15 , AP

Donald Trump wants to give evidence at the High Court over “wholly untrue” allegations he took part in “perverted” sex acts and gave bribes to Russian officials, the London court has heard.

The former US president is bringing a data protection claim against Orbis Business Intelligence – a consultancy founded by former MI6 officer Christopher Steele – and is seeking compensation for distress.

Mr Steele, who previously ran the Secret Intelligence Service’s Russia desk, was the author of the so-called Steele dossier which included allegations Mr Trump had been “compromised” by the Russian security service, the FSB.

On Monday the High Court was told Mr Trump is bringing his case over two memos in the dossier which claimed the former president had taken part in “sex parties” while in St Petersburg and engaged in “golden showers” with prostitutes in Moscow.

In a witness statement for the preliminary hearing, Mr Trump, 77, described the allegations as “wholly untrue”.

Read more...

Bizarre: Trump claims that Republicans ‘eat their young’

04:15 , Oliver O'Connell

Donald Trump has claimed that his fellow Republicans “eat their young” in what marks his latest bizarre comments.

The former president posted a pre-recorded video on his Truth Social platform over the weekend, where he wildly appeared to compare himself to a baby eaten by its own parents.

“The Republicans eat their young, they really do, and it’s a terrible statement but it’s true,” he said.

“And that’s the problem with so many in our party; they just don’t have the loyalty and the strength to stick together.”

In the rambling clip, Mr Trump, 77, also called fellow Republicans Utah Senator Mitt Romney and Former House Speaker Paul Ryan “losers” and “RINOs”.

Trump bizarrely claims that Republicans ‘eat their young’

Settlement over Trump family separations at the border seeks to limit potential for revival

02:45 , AP

A settlement filed Monday in a long-running lawsuit over the Trump administration’s separation of parents and their children at the border bars the government from similar separations for eight years while also providing benefits like the ability for their parents to come to America and work, according to the Biden administration.

The settlement between the Biden administration and the American Civil Liberties Union, which has been representing families separated from their children, still has to be approved by the judge. But if finalized, it would make it much more difficult for any administration including former President Donald Trump, the front-runner for the Republican presidential nomination, to revive one of his most controversial tactics to halt immigration at the southern border if he wins next year’s election.

“It is our intent to do whatever we can to make sure that the cruelty of the past is not repeated in the future. We set forth procedures through this settlement agreement to advance that effort,” Homeland Security Secretary Alejandro Mayorkas told The Associated Press.

Continued...

Earlier: Judge issues partial gag order against Trump in federal Jan 6 case

01:45 , Andrew Feinberg

US District Judge Tanya Chutkan on Monday imposed a partial gag order restricting Donald Trump’s ability to make “disparaging or “inflammatory” comments about people or entities involved in the election interference case pending against him in Washington DC, after a contentious hearing in which his attorneys repeatedly made political arguments in response to legal questions from the veteran jurist.

Judge Chutkan rejected arguments by Mr Trump’s attorneys who frequently cited his status a candidate for president — something she had called irrelevant to the proceedings on more than one occasion — and claimed putting any restrictions on what he can discuss as he campaigns would violate his right to free speech

Read more...

Judge issues partial gag order against Trump in federal Jan 6 case

Trump wants ‘vindication’ over denied allegations of ‘perverted’ acts

Tuesday 17 October 2023 00:45 , AP

Donald Trump is seeking “a vindication” over denied allegations he took part in “perverted” sex acts and made bribes to Russian officials, the High Court has been told.

The former president of the United States, 77, is bringing a data protection claim against Orbis Business Intelligence – a consultancy founded by former MI6 officer Christopher Steele – and is seeking compensation for distress.

Mr Steele, who previously ran the Secret Intelligence Service’s Russia desk, was the author of the so-called Steele dossier which included allegations Mr Trump had been “compromised” by the Russian security service, the FSB.

At the start of a two-day hearing on Monday, the High Court was told Mr Trump is bringing his case over two memos in the dossier which claimed the former president had taken part in “sex parties” while in St Petersburg and engaged in “golden showers” with prostitutes in Moscow.

Read the full story.

Watch: Nicolle Wallace breaks down Trump’s ‘insane' legal argument

Monday 16 October 2023 23:45 , Oliver O'Connell

Security ramps up in New York ahead of Trump arrival at court tomorrow

Monday 16 October 2023 23:15 , Oliver O'Connell

Security is being ramped up in Lower Manhattan ahead of Donald Trump’s return to court for week three of his civil fraud trial.

Jury selection for Georgia election interference trial to begin on Friday

Monday 16 October 2023 22:45 , Oliver O'Connell

A group of 450 potential jurors will gather at the Fulton County courthouse on Friday morning to begin the jury selection process for the 23 October trial of Sidney Powell and Kenneth Chesebro, two of former president Donald Trump's 18 co-defendants in the Georgia election interference case.

Fulton County Judge Scott McAfee said during a hearing this morning that jurors will be told to expect a five-month trial.

On Friday, the potential jurors will fill out a questionnaire for approximately one or two hours. Individual questioning of potential jurors will then start next week.

Lawyers and judge hash out juror questions for Powell and Chesebro trial in Georgia election case

Trump will promise return of ‘travel ban’, report says

Monday 16 October 2023 22:30 , Oliver O'Connell

Donald Trump will promise later today to reinstate “the Trump Travel Ban,” updating it to include “anyone from Gaza” or “anywhere else that threatens our security”, Philip Wegman of RealClearPolitics reports.

The former president will promise to implement “strong ideological screening for all immigrants to the United States”, to deport “aliens with jihadist sympathies” and to “revoke the student visas of radical anti-American and anti-Semitic foreigners” at US colleges and universities.

Mr Trump will also promise to send ICE into “pro-jihadist demonstrations”, as seen across the country this past week, and “remove the violators from our country”.

Question: How is George Santos’s fundraising for re-election going?

Monday 16 October 2023 22:15 , Oliver O'Connell

Answer: Not great, as Eric Garcia reports...

Embattled Rep George Santos (R-NY) raised a negative amount of money in the most recent fundraising quarter, due to having to refund multiple campaign contributors as he faces legal battles.

Mr Santos’s campaign filed his most recent quarterly campaign finance disclosure to the Federal Election Commission on Sunday, the deadline for doing so.

The filing showed that his campaign had a negative cash flow of $16,526.09. The loss of money is mostly due to making campaign refunds. Some of the refunds were for as much as $3,300, while others were for as low as $15.

Continued...

George Santos actually lost money in the last fundraising quarter

No camera in court? No problem...

Monday 16 October 2023 22:00 , Oliver O'Connell

Watch: Trump calls military officials ‘some of the dumbest people I’ve ever met in my life'

Monday 16 October 2023 21:45 , Oliver O'Connell

Cohen confirms he will testify

Monday 16 October 2023 21:25 , Oliver O'Connell

Michael Cohen confirms he will return to court to testify in the civil case against former boss Donald Trump.

“I am thankful the medical condition, while incredibly painful, does not require an immediate procedure. I anticipate appearing as soon as the pain subsides. When I do testify, I am certain Donald will be in attendance…”

Voices: Jim Jordan is living with the consequences of trying to burn down the House

Monday 16 October 2023 21:15 , Oliver O'Connell

Eric Garcia, reporting for The Independent from Capitol Hill, writes:

Even if Mr Jordan somehow wins over all of his skeptics and earns enough votes to become speaker, he will largely live with the consequences of his life’s work: Allowing any single member to object to the will of congressional leadership and cause the House to descend into chaos. Similarly, his years of doing so rather than learning the mechanics of governing will likely make him ill-equipped to tame those impulses from House Republicans.

Read more...

Jim Jordan is living with the consequences of trying to burn down the House

Watch: Trump comments on gag order at Iowa rally

Monday 16 October 2023 20:45 , Oliver O'Connell

Trump will be in court tomorrow... but Michael Cohen testimony postponed...

Monday 16 October 2023 20:25 , Oliver O'Connell

It had the potential to be the courtroom showdown of the month but sadly it won’t be happening... yet.

While it has been confirmed that Donald Trump will be in court tomorrow (and potentially on Wednesday and Thursday too), sadly his appearance is not going to coincide with testimony from former fixer — now major foe — Michael Cohen.

Mr Cohen tweeted at the weekend that his testimony is delayed as he has to attend to a medical issue.

"The earliest Micheal Cohen will testify, subject to a doctor’s note, will be a week from today,” Justice Arthur Engoron tells the court.

Trump on trial: Hotel COO testifies in New York fraud case

Monday 16 October 2023 20:15 , Oliver O'Connell

Following the testimony of Patrick Birney, the next witness is Mark Hawthorn, COO of Trump Hotels, who reports to Eric Trump at the Trump Organization.

He is questioned by Andrew Amer of the New York Attorney General’s office, initially about Trump’s UK businesses — specifically communications he had with auditors in 2021 about the Scotland golf resorts.

Hawthorn confirms that some of the information that he provided to UK auditors came from Trump’s 2021 statement of financial condition, which the NY AG says over-inflated Trump’s net worth.

He concedes that not all the information was quite accurate. Amer asks about a $293m cash/cash equivalent figure that was reported to the auditors.

“It appears to have been overstated,” Hawthorn says.

Here’s what might happen next as Jim Jordan pushes to become House speaker

Monday 16 October 2023 19:55 , Gustaf Kilander & Eric Garcia

It’s been almost two weeks since the House Republicans ousted Speaker Kevin McCarthy and they have yet to elect a new leader of the chamber.

Following the failure of Majority Leader Steve Scalise to get the support needed from his own party, it’s now up to the man who came up short against Mr Scalise for the nomination – Rep Jim Jordan – to make an attempt.

The House GOP remains divided, dysfunctional and disorganised, with members telling reporters over the weekend that the pressure is mounting on holdouts to support Mr Jordan.

Mr Jordan, the chair of the Judiciary Committee, is moving towards a vote on the floor of the House on Tuesday (17 October).

Mr Jordan told CNN that he’s planning to go to the floor of the House for a speaker vote at 12pm ET on Tuesday, regardless if he has the votes he needs or not.

When is the House speaker vote?

Trump 2024 campaign fundraising off partial gag order

Monday 16 October 2023 19:50 , Oliver O'Connell

Trump 2024 campaign fundraising off partial gag order

Monday 16 October 2023 19:42 , Oliver O'Connell

McCarthy predicts Jim Jordan will win speakership

Monday 16 October 2023 19:25 , Ariana Baio

Former Speaker of the House Kevin McCarthy has full confidence that Republican Rep Jim Jordan will obtain the necessary 217 votes to assume the speakership.

Reflecting on his own experience, in which it took 15 rounds of votes in order for Mr McCarthy to become speaker of the House in January, he told Fox News programme Sunday Morning Futures that he believes Mr Jordan “can get there.”

“I’m one who understands how difficult it is,” Mr McCarthy said. “I did walk in with more support during this time but I believe at the end of the day Jim could get there and I’m doing everything I can to help him.”

For nearly two weeks, the House of Representatives has remained without a speaker, preventing the legislative body from making any progress on passing bills at a “critical time,” as described by Mr McCarthy.

Despite the grim outlook, the former speaker believes Mr Jordan’s current campaign to appeal to his colleagues will pay off.

McCarthy predicts Jim Jordan will get enough votes to win speakership

Trump posts personal reaction to gag order

Monday 16 October 2023 19:16 , Oliver O'Connell

Donald Trump has landed in Iowa to continue on the 2024 campaign trail and posted a quick reaction to the imposition of a partial gag order by Judge Tanya Chutkan.

WILL APPEAL THE GAG ORDER RULING. WITCH HUNT!

That was followed by:

A TERRIBLE THING HAPPENED TO DEMOCRACY TODAY - GAG ORDER!

Trump team calls partial gag order ‘absolute abomination'

Monday 16 October 2023 19:14 , Oliver O'Connell

A spokesperson for Donald Trump gave the following statement after Judge Tanya Chutkan issued a partial gag order on the president and other actors in the federal election interference trial:

Today’s decision is an absolute abomination and another partisan knife stuck in the heart of our Democracy by Crooked Joe Biden, who was granted the right to muzzle his political opponent, the leading candidate for the Presidency in 2024, and the most popular political leader in America, President Donald J. Trump. President Trump will continue to fight for our Constitution, the American people’s right to support him, and to keep our country free of the chains of weaponized and targeted law enforcement.

ICYMI: Trump attacks ‘60 Minutes’ for Biden interview and inserts himself into clip with video mashup

Monday 16 October 2023 18:55 , Oliver O'Connell

Donald Trump is furious with CBS News show 60 Minutes for daring to air an interview with the sitting President of the United States.

The former president wrote on Truth Social:

The show “60 Minutes” should be ashamed of themselves. They just interviewed Crooked Joe Biden, and led him along like a lost child. Each question contained the answer, and was so weakly and apologetically asked that it was a JOKE which should be considered a campaign contribution to the Democrat Party. Why should CBS get free public airwaves for this highly partisan “show,” which never apologized to me for the mistakes they made on the “Laptop from Hell?” They are protecting Biden even though he is the most corrupt and incompetent President in the history of the United States. The Carter Administration looks absolutely brilliant by comparison. The only thing the Biden Regime does well is go after Crooked Joe’s political opponent, ME, but even that will fail. The Middle East, Ukraine, Inflation, Bad Economy, the Open Border, Horrendous Afghanistan Embarrassment, Gas Prices, our great Autoworker Death March, & so much more, make Crooked Joe a total disaster for our once great USA. MAGA!

[Autoworker Death March is a great band name...]

Not content with his usual ranting, Mr Trump also “joined” 60 Minutes for his own mocked-up interview with Joe Biden.

Watch below:

Full story: Judge issues partial gag order against Trump in federal Jan 6 case

Monday 16 October 2023 18:25 , Andrew Feinberg

US District Judge Tanya Chutkan on Monday has imposed a partial gag order restricting Donald Trump’s ability to make “disparaging or “inflammatory” comments about people or entities involved in the election interference case pending against him in Washington, DC after a contentious hearing in which his attorneys repeatedly made political arguments in response to legal questions from the veteran jurist.

She rejected arguments by Mr Trump’s attorneys who said doing so would violate his right to free speech.

“The Defence has sought to represent every statement as part and parcel of Mr. Trump’s first amendment right to argue that this prosecution is politically motivated ... First amendment protections yield to the administration of justice and the protection of witnesses ... is possible to craft a narrowly-tailored order to protect those interests,” she said.

“This is not about whether I like the language Mr Trump uses. This is about language that presents a danger to the administration of justice,” she added.

Continued...

Judge issues partial gag order against Trump in federal Jan 6 case

Meanwhile, in Manhattan...

Monday 16 October 2023 17:55 , Oliver O'Connell

Trump Organization executive Patrick Birney arrives, for New York Attorney General Letitia James’ civil lawsuit alleging that former President Donald Trump ran a systematic fraud at his family business (REUTERS)
Trump Organization executive Patrick Birney arrives, for New York Attorney General Letitia James’ civil lawsuit alleging that former President Donald Trump ran a systematic fraud at his family business (REUTERS)

While much of the action in Trump World today came from the court in Washington, DC, the civil fraud trial against the former president continues in Lower Manhattan over the New York Attorney General’s claims that Mr Trump, his company and associates lied about his net worth and defrauded banks.

Trump Organization Vice President Patrick Birney was back on the stand this morning continuing to explain how the company went about assessing the value of Mr Trump’s assets.

Mr Birney worked on the production of the statement of financial condition that NY AG Letitia James argues grossly overstated Mr Trump’s wealth.

The court heard today how a 15 per cent premium was added to some of Trump’s golf courses for being “a fully operational branded facility”.

Financial documents from the company show different values for the courses based on different methodologies.

Eric Haren of the NY AG’s office wraps up his questioning of Birney.

“Did Allen Weisselberg ever tell you that Mr Trump wanted his net worth on his statement of financial condition to go up?” Haren asks.

“Yes,” Birney replies.

“When did that occur?” Haren asks.

“Between 2017 and 2019,” Birney replies.

There is an objection from Trump’s defence attorneys but Judge Arthur Engoron overrules it.

The defence opts not to cross-examine Birney and he is excused.

Judge Chutkan grants in part special counsel request for Trump gag order

Monday 16 October 2023 17:27 , Oliver O'Connell

Judge Tanya Chutkan will grant in part and deny in part Special Counsel Jack Smith’s request for a gag order of defendant Donald Trump ahead of his federal election interference trial in Washington, DC.

She tells the court that while the defendant has First Amendment rights, there is a right to restrict language that threatens the administration of justice.

Judge Chutkan says she will not impose limits on statements about Washington, DC nor about the Biden administration or Department of Justice.

She will prohibit all parties from making or reposting statements publicly targeting the Special Counsel, his staff; her staff; and the court personnel, as well as statements targeting the family of these people.

Mr Trump can’t call prosecutors “deranged” or “thugs” and he can’t vilify or incite violence against public officials.

She is also going to bar statements about witnesses or the substance of expected testimony as this may lead to witnesses being intimidated or reluctant to go forward.

Mr Trump can assert his belief that the prosecution is politically motivated, but can’t launch a smear campaign against the participants in the case.

“No other criminal defendant can do that. He can’t either.”

If a participant violates this order she will entertain motions by parties or sua sponte to consider sanctions.

Court is adjourned.

Judge may rule on gag order today

Monday 16 October 2023 17:01 , Oliver O'Connell

The defence argues we have to tolerate a bit of colourful speech in political debate, to which Judge Chutkan asks whether that means we have to accept violence and threats.

Gaston, for the prosecution, says the defence is arguing that Mr Trump should be above the law.

“The defendant isn’t campaigning... he’s using his campaign to try this case outside of the courtroom and pollute the jury pool.”

Judge Chutkan fives hypothetical examples of things the former president might post or say about Bill Barr, ranging from he should be executed for treason down to that he better learn to keep his mouth shut.

The defence argues that those attacked by Mr Trump are used to the “rough and tumble” of politics, whereas the prosecution argues that all of these statements are indefensible and should not be permitted.

Both Judge Chutkan and the prosecution pointed out that while Mr Trump can make these statements, federal prosecutors cannot and will not respond creating an asymmetry.

The defence says that a gag order would allow Bill Barr to attack the former president and he wouldn’t be able to respond.

Judge Chutkan states that Mr Barr is not a criminal defendant.

“We’re in here because he keeps calling the prosecutors thugs,” says the judge. “I’m not sure without some type of restriction, we won’t be in here all the time.”

Closing, the prosecution says that the trial will be completed well in advance of the November 2024 election and the statements at issue are a “fraction of the defendant’s speech”.

Gaston argues Mr Trump can continue campaigning, but must “stop attacking witnesses”.

The judge takes a recess and it is possible she will rule today…

Trump statement threatening Gen Milley discussed

Monday 16 October 2023 16:42 , Oliver O'Connell

Turning to the fifth type of Mr Trump’s post-indictment statements, in which he attacks potential witnesses at the trial, Judge Chutkan refers to posts and videos about Mike Pence, Bill Barr and Mark Milley — specifically where he mentions the punishment “by death”.

She accepts that it would be impossible for Mr Trump not to criticise Mr Pence given they are both campaigning in the primaries but that is not true of other possible witnesses.

The defence says that if the special counsel wants to argue the others (Mr Milley, Mr Barr etc) are being threatened then they should have gotten affidavits from them. Lauro also notes some have monetised their criticisms of the former president and “give as good as they get” in hitting back at him.

Judge Chutkan interjects: "Really??  Are you saying [those witnesses] said Mr Trump should be executed?"

Lauro tries to downplay the statement about General Milley but the judge emphasises it, adding: “To write in all-caps death about a possible witness in this case... doesn’t that go too far?”

The prosecution says: “We both know the tweet or post about General Milley was a threat.  A threat to him and all witnesses in this case… that if you come after the defendant… he will come after you.”

“Mr Trump is not campaigning against Mr Barr... or Mr Raffensperger or General Milley... so why should he make remarks about them at all,” asks Judge Chutkan.

“His statements have the very real potential of misstating the facts of this case and the government can’t respond.”

The defence argues that “none of these are threats”, to which the judge responds: “I disagree.”

Returning to the topic of the jury pool being tainted by the president calling Washington, DC filthy and crime-ridden, the defence says that he will clean it up in 2024 and that the trial should come after the election.

Judge Chutkan has already said she is not changing the trial date.

Judge Chutkan brings up New York gag order

Monday 16 October 2023 16:25 , Oliver O'Connell

Judge Chutkan turns to Mr Trump’s statements about her and the court, noting her called her a “Trump-hating” and an Obama judge. She also references the former president’s attack on the court staffer in his Manhattan civil fraud case that led to a gag order from Judge Arthur Engoron in that ongoing trial.

“Do you think a defendant posting a photo of a judge’s law clerk on social media is acceptable? Or Mr Trump to post a photo of my staff?” she asks.

“I’d advise him strongly not to do that,” Lauro answers.

“That’s not an answer to my question,” she replies.

The defence again argues that Mr Trump has been following all of the guidance of the court and there is no need for a formal gag order.

Lauro even says: “Your honour ... some of the things written about you have been very complimentary.”

Judge Chutkan laughs:  “Don’t believe everything you read.”

Gaston argues for the prosecution that the court has already been the subject of criminal threats in relation to the case and therefore there is a need for an order expressing clearly on the record what the court’s order and not the expectation is of the former president.

Monday 16 October 2023 16:15 , Oliver O'Connell

Trump defence attempts to defend former president’s statements

After giving an example of how Mr Trump has trashed Washington, DC and could therefore have tainted the jury pool, Judge Chutkan moves on to his criticism of President Joe Biden and his administration.

She asks prosecutors if limiting “name calling” would impact the administration of justice. Gaston responds that the concern about Mr Trump trashing the judge and the court could bias jurors who may not trust the court to administer justice.

“He can criticize President Biden to his heart’s content. President Biden has nothing to do with this case,” she says.

Judge Chutkan notes that the proposed gag order is “broad” and Gaston responds that they are open to tailoring it with the court.

Moving on to statements made about Special Counsel Jack Smith, the judge begins with concerns about the use of the term “thug” by Mr Trump, asking the defence team about the “derogatory label” and “highly charged language”.

Lauro argues “it’s fair for Mr Trump to say the prosecutor is deranged and insane” and “most importantly, even a criminal defendant... has a First Amendment right to criticise the prosecutor bringing the case”.

Judge Chutkan pointedly asks: “In what kind of case do you think it’s appropriate for a defendant to call a prosecutor a thug... and remain on the streets?”

She asks the question twice.

Lauro says that the “prosecution is unprecedented” and asks “What’s a candidate to do?” adding: “Stay silent?”

The judge notes that Lauro has an audience other than her in mind.

“Just because this defendant happens to be running a political campaign doesn’t give him the right to use any language he wants,” says Judge Chutkan. “Tell me how the term ‘thug’ is justified here… it raises a real possibility of violence.”

The defence responds: “In President Trump’s mind… he’s facing every possible right being taken away from him.”

Judge Chutkan asks about statements about the prosecutor’s families, noting that Mr Trump has attacked both Jack Smith and his wife. Lauro says this is about political bias.

Prosecution attorney Gaston says about Mr Trump’s posts: “He knows the effect of these statements... they’re amplified… they motivate people to threaten others.”

“It not only prejudices jury pool… but it threatens and chills witnesses too.”

Judge reviews Trump post-indictment statements

Monday 16 October 2023 15:48 , Oliver O'Connell

The defence argues any gag order would “be asymmetrical” and wouldn’t “apply to Joe Biden.”

Judge Chutkan responds swiftly: “Joe Biden isn’t a party to this case...  And he’s not under release conditions.”

Lauro argues that a gag order would be “impossible” with Mr Trump running for president.

“What if he wants to criticise Mike Pence?” he posits before describing the gag order as the best example you can come up with to violate the First Amendment.

Lauro argues Mr Trump hasn’t made threats, made accusations about witnesses or said anything that amounts to intimidation.

“What you’ve put in place is working,” he says.

Judge Chutkan laughs.

She reviews some of the former president’s post-indictment statements that include references to Washington, DC or the jury pool; the Biden administration; Special Counsel Jack Smith; judges and their staffs; and political witnesses.

Do Republicans eat their young? Former president believes so...

Monday 16 October 2023 15:45 , Holly Hales

Donald Trump has claimed that his fellow Republicans “eat their young” in what marks his latest bizarre comments.

The former president posted a pre-recorded video on his Truth Social platform over the weekend, where he wildly appeared to compare himself to a baby eaten by its own parents.

“The Republicans eat their young, they really do, and it’s a terrible statement but it’s true,” he said.

“And that’s the problem with so many in our party; they just don’t have the loyalty and the strength to stick together.”

In the rambling clip, Mr Trump, 77, also called fellow Republicans Utah Senator Mitt Romney and Former House Speaker Paul Ryan “losers” and “RINOs”.

Trump bizarrely claims that Republicans ‘eat their young’

Judge Chutkan says she will not revisit trial date

Monday 16 October 2023 15:41 , Oliver O'Connell

Prosecutor Molly Gaston says “this is about the participants and witnesses in this trial”, adding that “it’s limited”.

She cites a Trump spokesperson quote from Saturday in The Washington Post that Mr Trump seeks “to try this case in the court of public opinion”.

“We know this is hard... to balance constitutional rights. But the defendant can’t be permitted to intentionally try this case in the court of public opinion.”

Judge Chutkan asks a series of questions regarding what it would be allowable for Mr Trump to say, including the possibility that the former president is asked about the case by a non-witness and he denies the charges.

Turning to the defence team, she begin by noting that Mr Trump “does not have the right to do or say anything that he pleases” because he is a criminal defendant on pretrial release.

Defence attorney John Lauro argues that the prosecution wants “to stop Mr Trump from speaking out about the issues of the day”.

Judge Chutkan asks if he “gets to make threats” just because he is running for president.\

His attorney argues that “he’s entitled to speak truth to oppression... he’s even allowed to say things insulting to these prosecutors… as difficult as it may be for them to hear”, before mentioning “tyranny” and the Biden Administration.

Judge Chutkan interjects that she doesn’t want to hear “campaign rhetoric”.

Lauro argues that the prosecution has deliberately timed the case to upend Mr Trump’s 2024 campaign.

The judge says the trial will not yield to the campaign and that she will not revisit the trial date in the case — currently scheduled for 4 March 2024.

“I’ve stressed this case will proceed as any other case. This defendant will be treated like any other defendant,” says Judge Chutkan.

DC gag order hearing underway

Monday 16 October 2023 15:21 , Oliver O'Connell

Judge Tanya Chutkan gets the Washington, DC hearing underway promptly at 10am and first asks to hear arguments surrounding the jury survey for potential jurors when the special counsel election interference case comes to trial.

With that out of the way, she moves on to the gag order issue requested by Jack Smith, first acknowledging the unique publicity generated by the case.

Judge Chutkan says the government must prove any prohibited speech would pose a clear and present danger to the administration of justice.

Donald Trump’s pretrial release conditions already prohibit the former president from talking about facts or the case with prospective witnesses, and they prohibit efforts to influence witness testimony including intimidation and threats. Those rules apply to all parties including the prosecution and defence attornies.

The judge explains the special counsel is seeking to add more restrictions and asks attorney Molly Gaston about what more the prosecutors are seeking.

She says the prosecution has no interest in limiting Mr Trump running for office… but wants to restrict “derogatory”, “intimidating” or “inflammatory” statements prejudicing witnesses… and “chilling” future witnesses, publicly including through the media.

Marjorie Taylor Greene attends DC court for Trump gag order hearing

Monday 16 October 2023 15:02 , Oliver O'Connell

Trump on trial: Coming up today in court(s)

Monday 16 October 2023 14:49 , Oliver O'Connell

It’s a triple-header in Donald Trump’s world of legal woes today.

Week three of the New York civil fraud trial kicks off in Lower Manhattan with Trump Organization Vice President Patrick Birney back on the stand for his continued direct examination by prosecutors.

It’s a big week for the trial presided over by Justice Arthur Engoron, with former Trump fixer Michael Cohen expected to testify tomorrow. The former president is campaigning in Iowa today but is expected to be in court in New York on Tuesday, Wednesday, and Thursday for more performative ad hoc press conferences in the hallways of the court building.

Over in Washington, DC at the E Barrett Prettyman courthouse, Judge Tanya Chutkan will hear arguments for and against a proposed “gag order” in the former president’s federal election interference case as requested by Special Counsel Jack Smith.

Mr Trump will not be present but the hearing was weighing on his mind last night when he posted on Truth Social:

Tomorrow is a big day for Democracy. A Leaking, Crooked and Deranged Prosecutor, Jack Smith, who has a terrible record of failure, is asking a highly partisan Obama appointed Judge, Tanya Chutkan, who should recuse herself based on the horrible things she has said, to silence me, through the use of a powerful GAG ORDER, making it impossible for me to criticize those who are doing the silencing, namely Crooked Joe Biden, and his corrupt and weaponized DOJ & FBI. They want to take away my First Amendment rights, and my ability to both campaign and defend myself. In other words, they want to cheat and interfere in the 2024 Presidential Election. Nothing like this has ever happened in our Country before. It is strictly Banana Republic kind of “stuff.” These political Hacks and Thugs are destroying our Country. Let’s see what happens on Monday in Judge Chutkan’s courtroom. Will America survive, or not? I’ll be campaigning in the Great State of Iowa, where I am leading by 50 Points!!!

Meanwhile, down in Atlanta, Judge Scott McAfee is holding a hearing on the jury questionnaire ahead of the trial of former Trump lawyers Kenneth Chesebro and Sidney Powell for their role in the sprawling Fulton County 2020 election interference case brought by District Attorney Fani Willis. Their joint trial is scheduled to begin on 23 October.

Court resumes in Manhattan at 10am ET and both hearings in Washington, DC and Fulton County also begin at 10am.

Stay tuned!

Trump attacks ‘60 Minutes’ for Biden interview and inserts himself into clip with video mashup

Monday 16 October 2023 14:33 , Oliver O'Connell

Donald Trump is furious with CBS News show 60 Minutes for daring to air an interview with the sitting President of the United States.

The former president wrote on Truth Social:

The show “60 Minutes” should be ashamed of themselves. They just interviewed Crooked Joe Biden, and led him along like a lost child. Each question contained the answer, and was so weakly and apologetically asked that it was a JOKE which should be considered a campaign contribution to the Democrat Party. Why should CBS get free public airwaves for this highly partisan “show,” which never apologized to me for the mistakes they made on the “Laptop from Hell?” They are protecting Biden even though he is the most corrupt and incompetent President in the history of the United States. The Carter Administration looks absolutely brilliant by comparison. The only thing the Biden Regime does well is go after Crooked Joe’s political opponent, ME, but even that will fail. The Middle East, Ukraine, Inflation, Bad Economy, the Open Border, Horrendous Afghanistan Embarrassment, Gas Prices, our great Autoworker Death March, & so much more, make Crooked Joe a total disaster for our once great USA. MAGA!

[Autoworker Death March is a great band name...]

Not content with his usual ranting, Mr Trump also “joined” 60 Minutes for his own mocked-up interview with Joe Biden.

Watch below:

Biden’s campaign war chest dwarfs Trumps, according to recent numbers

Monday 16 October 2023 14:00 , Graig Graziosi

Joe Biden has raised more money for his re-election campaign than any previous Democratic candidate in history, and has also outraised his chief rival — former President Donald Trump.

Mr Trump, who is far and away the front-runner for the GOP heading into 2024, announced earlier in October that he has raised $46m in the past three months, with $38m cash-on-hand.

Mr Biden and Vice President Kamala Harris, however, have brought in more than $71m in the same time period, bringing their total campaign war chest to $91m.

Trump-backed Jeff Landry wins Louisiana governor’s race, returning state to GOP control

Monday 16 October 2023 13:00 , Graig Graziosi

Attorney General Jeff Landry, who ran with the backing of Donald Trump, has won Louisiana’s governor’s race.

The Republican defeated a crowded field of competitiors, but ultimately delivered a major win for the GOP as they retake the governor’s mansion from the Democrats for the first time in eight years.

Mr Landry will replace Governor John Bel Edwards, who was unable to run again due to term limitations.

Mr Edwards was the only Democrat serving as governor in a Deep South state.

“Today’s election says that our state is united,” Mr Landry said during his victory speech on Saturday night. “It’s a wake up call and it’s a message that everyone should hear loud and clear, that we the people in this state are going to expect more out of our government from here on out.”

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