Category: electioninterference

Judge delays Trump’s sentencing in hush money case till after election

Posted on by Associated Press

A judge agreed Friday to postpone Donald Trump’s sentencing in his hush money case until after the November election, granting him a hard-won reprieve as he navigates the aftermath of his criminal conviction and the homestretch of his presidential campaign.

Manhattan Judge Juan M. Merchan, who is also weighing a defense request to overturn the verdict on immunity grounds, delayed Trump’s sentencing until Nov. 26, several weeks after the final votes are cast in the presidential election.

It had been scheduled for Sept. 18, about seven weeks before Election Day.

Merchan wrote that he was postponing the sentencing “to avoid any appearance—however unwarranted—that the proceeding has been affected by or seeks to affect the approaching presidential election in which the Defendant is a candidate.”

“The Court is a fair, impartial, and apolitical institution,” he added.

Trump’s lawyers pushed for the delay on multiple fronts, petitioning the judge and asking a federal court to intervene. They argued that punishing the former president and current Republican nominee in the thick of his campaign to retake the White House would amount to election interference.

Trump’s lawyers argued that delaying his sentencing until after the election would also allow him time to weigh next steps after Merchan rules on the defense’s request to reverse his conviction and dismiss the case because of the U.S. Supreme Court’s July presidential immunity ruling.

Judge Juan M. Merchan

In his order Friday, Merchan delayed a decision on that until Nov. 12.

A federal judge on Tuesday rejected Trump’s request to have the U.S. District Court in Manhattan seize the case from Merchan’s state court. Had they been successful, Trump’s lawyers said they would have then sought to have the verdict overturned and the case dismissed on immunity grounds.

Trump is appealing the federal court ruling.

The Manhattan district attorney’s office, which prosecuted Trump’s case, deferred to Merchan and did not take a position on the defense’s delay request.

Messages seeking comment were left for Trump's lawyers and the district attorney's office.

Election Day is Nov. 5, but many states allow voters to cast ballots early, with some set to start the process just a few days before or after Sept. 18.

Trump was convicted in May on 34 counts of falsifying business records to conceal a $130,000 hush money payment to adult film actor Stormy Daniels just before the 2016 presidential election. Daniels claims she and Trump had a sexual encounter a decade earlier after they met at a celebrity golf tournament in Lake Tahoe.

Prosecutors cast the payout as part of a Trump-driven effort to keep voters from hearing salacious stories about him during his first presidential campaign. Trump’s former lawyer Michael Cohen paid Daniels and was later reimbursed by Trump, whose company logged the reimbursements as legal expenses.

Trump maintains that the stories were false, that reimbursements were for legal work and logged correctly, and that the case—brought by Manhattan District Attorney Alvin Bragg, a Democrat—was part of a politically motivated “witch hunt” aimed at damaging his current campaign.

Democrats backing their party’s nominee, Vice President Kamala Harris, have made his conviction a focus of their messaging.

In speeches at the party’s conviction in Chicago last month, President Joe Biden called Trump a “convicted felon” running against a former prosecutor. Democratic Rep. Jasmine Crockett of Texas labeled Trump a “career criminal, with 34 felonies, two impeachments, and one porn star to prove it.”

Trump’s 2016 Democratic opponent, former Secretary of State Hillary Clinton, inspired chants of “lock him up” from the convention crowd when she quipped that Trump “fell asleep at his own trial, and when he woke up, he made his own kind of history: the first person to run for president with 34 felony convictions.”

Falsifying business records is punishable by up to four years behind bars. Other potential sentences include probation, a fine or a conditional discharge, which would require Trump to stay out of trouble to avoid additional punishment. Trump is the first ex-president convicted of a crime.

Trump has pledged to appeal, but that cannot happen until he is sentenced.

In seeking the delay, Trump lawyers Todd Blanche and Emil Bove argued that the short time between the scheduled immunity ruling on Sept. 16 and sentencing, which was to have taken place two days later, was unfair to Trump.

To prepare for a Sept. 18 sentencing, the lawyers said, prosecutors would be submitting their punishment recommendation while Merchan is still weighing whether to dismiss the case. If Merchan rules against Trump, he would need “adequate time to assess and pursue state and federal appellate options,” they said.

The Supreme Court’s immunity decision reins in prosecutions of ex-presidents for official acts and restricts prosecutors in pointing to official acts as evidence that a president’s unofficial actions were illegal.

Trump’s lawyers argue that in light of the ruling, jurors in the hush money case should not have heard such evidence as former White House staffers describing how the then-president reacted to news coverage of the Daniels deal.

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Democrats ask for FBI briefing on foreign disinformation efforts around Sen. Ron Johnson

Posted on by Hunter

Monday, top Democratic lawmakers asked FBI director Christopher Wray to provide classified briefings to Congress on an unspecified but "ongoing" "concerted foreign information campaign" targeting Congress with the aim of disrupting the 2020 presidential elections.

Reporters have now been able to get a bit more information on what those lawmakers have been getting at: Both Politico and The New York Times are reporting that the classified addendum to the letter touches on Sen. Ron Johnson's would-be investigation of Hunter Biden, which has been the pipeline through which Trump "personal lawyer" Rudy Giuliani has been funneling known-false information from his network of Ukrainian criminals and disinformation brokers. Specifically, notes the Times, Sen. Ron Johnson has been relying heavily on a Ukrainian figure thought by the FBI to be a "conduit" for Russian disinformation.

None of this information is new. Johnson's eagerness to solicit testimony from ex-Ukrainian official Andrii Telizhenko was the subject of public alarm and a previous intelligence community warning. Johnson has been dismissive of complaints about his reliance on known dodgy sources, though he was pressured into giving up on the idea of taking Telizhenko's testimony directly.

Reading between the lines here, then, at least one part of Democratic lawmakers’ concerns appear to be that Sen. Johnson is using his committee and "Biden" investigations to legitimize foreign disinformation operations targeting Biden in the 2020 election—or, rather, that at least one foreign disinformation campaign is targeting Johnson, using his eagerness to boost Trump's election chances to dispense election disinformation directly from the mouths of Republican senators.

There are a few things to know here. Most importantly, Johnson cannot claim gullibility in stovepiping foreign disinformation here. After a specific intelligence community warning and after mountains of public reports on the sketchiness of Giuliani's Ukrainian associates, many of whom are pro-Russian Ukrainians forced from their positions by the public and new government, and their debunked claims against their enemies. Johnson has continued to "investigate" information that has already been discredited, and it is clearly intended, like "Benghazi," as means of influencing upcoming elections. Ron Johnson knows precisely what he is doing and who he is dealing with.

So the question is not whether Russian and other foreign disinformation campaigns are targeting Johnson, but the extent to which Johnson is co-conspiring with those brokers to craft and release election-bending smears cooperatively. In his defense, Sen. Ron Johnson is widely regarded as one of the dullest senators in the institution, if not the most dull, and so there is the slightest possibility he does not see himself as coordinating with the disinformation campaign—or, more accurately, does not connect the dots as to what that coordination means, when tied to foreign disinformation sources.

Johnson has long been a puzzle, and that is putting it mildly. He was one of a collection of hard-right Republican lawmakers who inexplicably traveled to Moscow for the Fourth of July, in 2018, and who came back claiming that the Russian hacking and disinformation campaigns in the 2016 presidential elections were being blown "way out of proportion."

There's no particular reason to believe Johnson is not stovepiping foreign disinformation willingly. That was the very premise of Rudy Giuliani's "legal" help to Trump's electoral needs. Johnson was also vociferous in defending Trump when Trump extorted the Ukrainian government by withholding military aid until that government agreed to give a public announcement supporting that disinformation, leading to Trump's impeachment.

What Democrats are not publicly saying, but should, is that Johnson is not acting as target of a foreign disinformation effort, but a co-conspirator. He is a full ally of the Trump-Giuliani-Ukraine-Russia disinformation campaign.