Attention to the Unseen

Politico reports: Special counsel Jack Smith’s probe of efforts by Donald Trump and others to subvert the 2020 election remains ongoing — with at least one interview this week that focused on fundraising and spending by Trump’s political action committee. Meanwhile, the grand jury that indicted Trump last week was spotted meeting Tuesday in the federal courthouse in Washington. In a closed-door interview on Monday with Bernard Kerik, investigators asked multiple questions about the Save America PAC’s enormous fundraising haul…

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Hugo Lowell writes: Included in the indictment last week against Donald Trump for his efforts to subvert the 2020 presidential election was a count of obstructing an official proceeding – the attempt to stop the vote certification in Congress on the day his supporters mounted the January 6 Capitol attack. The count is notable, because – based on a review of previous judicial rulings in other cases where the charge has been brought – it may be one where prosecutors…

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Ian Millhiser writes: Shortly after special counsel Jack Smith unveiled four new criminal charges against former president Donald Trump — all arising out of Trump’s failed efforts to overturn his defeat in the 2020 election — one of Trump’s lawyers revealed one of the legal arguments he plans to use to defend the former president. “This is an attack on free speech and political advocacy,” Trump attorney John Lauro told CNN Tuesday evening. In a separate appearance on Fox News, Lauro claimed that Trump is being prosecuted for…

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Politico reports: Donald Trump will ask for the federal judge overseeing the case involving his attempt to subvert the 2020 presidential election to recuse herself and will seek a venue change, he wrote in a post on social media Sunday. “There is no way I can get a fair trial with the judge ‘assigned’ to the ridiculous freedom of speech/fair elections case. Everybody knows this, and so does she!,” Trump wrote in all caps on Truth Social. “We will be…

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Donell Harvin writes: Federal intelligence and national security agencies — from the FBI to DHS — are in universal agreement that domestic extremism and terrorism is the leading threat to the U.S. homeland. But homeland security officials are also trained to be apolitical, so here’s what they can’t tell you: Donald J. Trump poses a significant threat to homeland security. While generally highly decentralized and fractured, violent extremist groups have begun to mesh over a unifying figure: Trump. The former…

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Politico reports: Prosecutors on Friday night called a judge’s attention to a social media post from Donald Trump — issued hours earlier — in which they say the former president appeared to declare that he’s “coming after” those he sees as responsible for the series of formidable legal challenges he is facing. Attorneys from special counsel Jack Smith’s team said the post from Trump “specifically or by implication” referenced those involved in his criminal case for seeking to subvert the…

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The New York Times reports: The potential conflicts confronting the lawyers in Mr. Trump’s prosecutions come from a variety of sources. Some involve situations in which the lawyers could be put in the untenable position of cross-examining a former client in the service of defending a current one. Others stem from bumping up against the guardrails put in place to keep lawyers from advocating for their clients with one hand while possibly incriminating them with the other. Then there is…

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The New York Times reports: In accusing former President Donald J. Trump of conspiring to subvert American democracy, the special counsel, Jack Smith, charged the same story three different ways. The charges are novel applications of criminal laws to unprecedented circumstances, heightening legal risks, but Mr. Smith’s tactic gives him multiple paths in obtaining and upholding a guilty verdict. “Especially in a case like this, you want to have multiple charges that are applicable or provable with the same evidence,…

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Politico reports: Trump was sworn in by a courtroom deputy and swore to tell the truth, so help him god. He stated his name and age a bit awkwardly — “Donald J. Trump. John.” “Seven-seven.” He had to confirm that he was not on any medication or drugs that might alter his ability to comprehend the proceedings. Trump spoke few words during his 45 minutes in the room, replying to questions with “yes” or “yes, your honor” in ways that…

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The New York Times reports: Gov. Ron DeSantis of Florida said that claims about the 2020 election being stolen were false, directly contradicting a central argument of former President Donald J. Trump and his supporters. The comments went further than Mr. DeSantis typically goes when asked about Mr. Trump’s defeat. The governor has often tried to hedge, refusing to acknowledge that the election was fairly conducted. In his response on Friday, Mr. DeSantis did not mention Mr. Trump by name…

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Rolling Stone reports: Donald Trump is a long, long way from winning the GOP primary, let alone retaking the White House. But he always has revenge on his mind, and his allies are preparing to use a future administration to not only undo all of Special Counsel Jack Smith’s work — but to take vengeance on Smith, and on virtually everyone else, who dared investigate Trump during his time out of power. Rosters full of MAGAfied lawyers are being assembled….

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The Washington Post reports: If convicted in any of the three criminal cases he is now facing, Donald Trump may be able to influence whether he goes to prison and what his stay there looks like under a law that allows former U.S. presidents to keep Secret Service protection for life, some current and former U.S. officials said. Presidents since 1965 have been afforded lifetime protection. Since then, only Richard M. Nixon has waived it, as a cost-saving move for…

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Politico reports: Justice Elena Kagan on Thursday jumped into the heated debate over ethics at the Supreme Court, arguing that Congress has broad powers to regulate the nation’s highest tribunal despite the recent claim from one of her conservative colleagues that such a step would violate the Constitution’s separation of powers. Kagan’s comments, at a judicial conference in Portland, came just days after the Senate Judiciary Committee responded to recent ethics controversies around justices’ luxury travel by advancing a bill…

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Reuters reports: About half of Republicans would not vote for Donald Trump if he were convicted of a felony, a sign of the severe risks his legal problems pose for his 2024 U.S. presidential bid, according to a Reuters/Ipsos poll that closed on Thursday. The former president and current front-runner in the Republican nomination contest for the November 2024 presidential election, Trump pleaded not guilty in court on Thursday to federal charges he led a conspiracy to overturn his loss…

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Randall D. Eliason writes: This is the indictment that those who were horrified by the events of Jan. 6, 2021, have been waiting for. The catalog of misdeeds that Donald Trump is accused of is extensive, some reflected in other prosecutions over classified documents and hush-money payments or in civil lawsuits. But this case — a sitting U.S. president’s assault on democracy — is by far the most consequential. And from the looks of this indictment, the prosecution’s case is…

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