Trump's legal problems in Washington, New York: A week of setbacks

His accounting firm declared his financial statements to be unreliable. Another judge dismissed his attempts to dismiss conspiracy lawsuits. And the National Archives confirmed that Trump took classified information to Florida when he left White House.

Jeffrey Jacobovitz in Washington, who has been following the investigations said that whatever happens, “I think it will get worse for him.”

Here are some highlights from the recent developments.

NATIONAL ARCHIVES SAYS TRUMP TOOK CLIFIED DOCUMENTS TO MARI-A-LAGO

The National Archives and Records Administration confirmed in a Friday letter that classified information had been found in 15 boxes of White House records Trump brought to Mar-a-Lago and that they were turned over last month.

In a letter to the House Committee on Oversight and Reform, the National Archives stated that it had identified items in the boxes marked as classified national security data and was in contact with the Department of Justice. The Archives confirmed that it had received papers records that Trump had torn up — some taped together, others left in pieces — and that White House staff had used personal accounts for official business.

Federal law prohibits the transfer of classified documents to unauthorised locations. However, sitting presidents have wide authority over classification. Both the FBI and Justice Department have not yet indicated that they would pursue a case.

David Laufman, who was the ex-head of the Justice Department’s counterintelligence section, oversaw the investigation into Hillary Clinton’s use of a private email service as secretary of state. He tweeted: “It’s difficult to imagine that @DOJNatSec has not conducted a criminal investigation into Trump’s stash of classified documents in Mar-a-Lago.”

He stated that even if DOJ decides not to pursue criminal charges, an investigation was necessary.

Although the Presidential Records Act, which governs the preservation and disclosure of presidential documents, is generally viewed as lacking an enforcement mechanism, David Weinstein, a former federal prosecution, stated that “taking classified documents is an entirely other ball of wax.” As we have seen, these are the ones that result in actual charges being filed.

Despite the legal risks, Trump is also exposed to hypocrisy because of his constant attacks on Clinton, his Democratic opponent, during the 2016 presidential election.

Trump stated Friday night that while the National Archives didn’t ‘find’ anything but they gave them, upon request, Presidential Records as an ordinary and routine procedure.

He said, “If this were anyone other than Trump, there would not be a story here.”

JUDGE REFUSES TO TOSS LAWSUITS AGAINST TRUMP OVER JAN. 6 ATTACK

On Friday , a federal judge in Washington, D.C. rejected Trump’s attempts dismiss conspiracy lawsuits filed by Democratic lawmakers and officers accusing him personally of the Jan. 6, 2021, Capitol Insurrection.

U.S. District Judge Amit Mehta stated that Trump’s remarks at a rally before the attack were likely to have been “words of inspiration not protected by the First Amendment” which may have contributed to the events.

Trump told his supporters to fight like hell and warned them that if they don’t, “you won’t have a country anymore.”

Mehta wrote that only in extraordinary circumstances could a court ignore the First Amendment’s protection of President’s speech. But the court believes that this is the case.

Plaintiffs seek financial damages for emotional and physical injuries sustained during the insurrection that Trump denies inciting.

JUDGE SAYS TRUMP MUST TESTIFY UNDER NEW YORK LAWSUIT OVER BUSINESS PRACTICES

A judge in New York decided that Trump must answer questions in civil proceedings regarding his business practices.

Judge Arthur Engoron directed Trump and his two oldest children, Ivanka Trump Jr. and Donald Trump Jr. to comply with subpoenas from New York Attorney General Letitia Jam and appear for depositions in 21 days. James’s lawyers claim they have found evidence that Trump’s company used false or misleading valuations of his skyscrapers, golf courses and other properties in order to obtain loans and tax benefits.

Trump’s lawyers argued that Trump’s testimony could be used against him during the criminal investigation into Trump Organization and its former chief financial officer, which is being conducted by the Manhattan district attorney’s Office.

Trump’s lawyers are almost certain to appeal the ruling. If the ruling is upheld, it could force Trump to choose whether to answer questions or to keep silent. He can either lie to avoid perjury, which could be a risk for him.

Trump responded to the ruling by declaring, “THERE IS NO CASES!”

Many legal experts agree that the case is a risk for Trump. However, the lawyers who examined it have stated that James will not be able to win the lawsuit. She will have to prove both intent to deceive as well as that the banks that loaned Trump money were really fooled.

ACCOUNTING FIRMS TRUMP’S FINANCIAL STATEMENTS ARE NOT RELIABLE

A letter was made public Monday by the accounting firm that prepared Trump’s annual financial statements. It stated that the documents “should not longer be relied on” after James’ office claimed they frequently misrepresented Trump’s assets.

Mazars USA LLP, the firm that represented the Trump Organization, advised the company not to use the documents to evaluate the financial health of the company or the former president. It also stated that it was ending all ties with Trump, its most prominent client.

Michael Conway served as counsel to the House Judiciary Committee during President Richard Nixon’s impeachment investigation. He wrote in an NBC News op ed on Thursday that “Mazars’ disavowals of Trump’s financial statements marks a turning point for the attorney general’s probe.” Independent accountants who prepared these statements are no longer able to defend them. They will most likely be asked why they changed their minds.

Trump has provided his Statement of Financial Condition, a snapshot of his financial position that was prepared by Mazars and based on Trump Organization records, to banks such as Deutsche Bank in order to secure loans of hundreds of millions of dollars. The announcement by Mazars raises questions as to whether other banks are willing to lend money the Trump Organization.

JUDGE ORDERS EXTRUMP ORGANIZATION CFO TO PRESENT DEPOSITION ON INAUGURAL COMITTEE SPENDING

A judge ruled Thursday that Allen Weisselberg would be allowed to take a brief deposition in a lawsuit brought to her by the District of Columbia attorney General’s office. The suit accuses Trump’s inaugural committee of spending too much at Trump’s Pennsylvania Avenue hotel to benefit his family.

Karl Racine (Democratic attorney general) is suing Trump Organization and the committee which organized Trump’s inaugural. He claims they misappropriated nonprofit funds and collaborated with management at Trump International Hotel and family members to organize events. Racine claims that one of the event’s organizers raised concerns regarding pricing with Trump, Ivanka Trump, and Rick Gates. This was a high-ranking campaign official at the time.

The case will be tried in September.

Weisselberg was already indicted by the Manhattan district attorney for tax fraud. He is accused of collecting more than $1.7million in off-the-books payments. Weisselberg has pleaded guilty to the D.C. ruling.

BIDEN ORDERERS TRUMP WHITE HOUS VISITORLOGS TURNED TO JAN. 6 COMITTEE

Wednesday’s order by President Joe Biden to release Trump White House visitor logs for the House investigation Jan. 6 was rejected by Trump’s executive privilege claims.

These records contain information about appointments for people who were allowed into the White House on that day.

As part of its investigation into Trump’s Jan. 6 actions, the committee has obtained tens to thousands of records. Trump waited for hours to tell his supporters that he would stop the violence and leave Capitol Hill. Investigators are also interested to learn more about the financing and organization of the Washington rally that occurred the morning of the riot. Unanswered is the question of how closely organizers of this rally collaborated with White House officials.

Attorney General Merrick Garland stated that the Justice Department is committed to holding all January 6th criminals accountable, regardless of whether they were present on the day or were otherwise criminally liable for the attack on our democracy.

 

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