US courts ruling in favor of justice department turns legal tide on Trump

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A spate of major court rulings dismissing claims of executive privileges and other arguments by Donald Trump and his key allies is fueling investigations by the US Department of Justice (DoJ) and a special grand jury in Georgia into whether the former US president broke laws, such as how he wanted to overturn the 2020 election results.
Related: Justice Department asks Pence to testify in Trump inquest
Former prosecutors say the result of these court rulings is that key Trump supporters and former administration attorneys -- like former chief of staff Mark Meadows and legal adviser John Eastman -- can no longer refrain from testifying before grand juries in DC and Georgia. They are wanted for questioning their knowledge of - or their active role in - Trump's crusade to prevent Joe Biden from taking office by making false allegations of fraud.
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A series of court decisions have required Meadows, Eastman, Senator Lindsey Graham and others to testify before a special Georgia grand jury working with the Fulton District Attorney and focusing on the intense drive by Trump and top loyalists to have the Georgia Secretary of State under To pressure other officials to thwart Biden's victory there.
Similarly, court rulings have required top Trump attorneys such as former White House Counsel Pat Cipollone, who opposed Trump's eager attempt to overturn the 2020 election, to testify before a DC grand jury, without invoking executive privileges examining Trump's efforts to prevent Congress from certifying Biden's election victory.
On another legal front, some top courts have ruled negatively on Trump regarding the hundreds of classified documents he took to his Florida resort town of Mar-a-Lago after leaving office, aiding an investigation into whether he broke any law by holding these papers should have been sent to the National Archives.
Getting that testimony is a critical step...before prosecutors and federal prosecutors decide whether to indict the former president
Michael Zeldin
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"Trump's multifaceted efforts to prevent former advisers from testifying or providing documents to federal and state grand juries and the Jan. 6 Committee have repeatedly failed as a judge after the judge dismissed his legal arguments," the judge said former Justice Department prosecutor Michael Zeldin told the Guardian. "Receiving this testimony is a critical step, perhaps the final step, before prosecutors and federal prosecutors decide whether the former president should be indicted... It allows prosecutors for the first time to review these witnesses about their direct conversations with the former president." consult."
Other ex-judicial attorneys agree that Trump's legal predicament has now grown because of the important court rulings.
"Favorable rulings by judges on issues such as executive privilege and the attorney-client exemption for felony fraud bode well for authorities investigating Trump," said Barbara McQuade, a former US attorney for eastern Michigan. "Legal challenges can cause delays, but judges consistently rule against him on the merits, with rare exceptions."
Though Trump is angered by the spate of court rulings against him and his allies, experts point out that they include rulings from typically conservative courts as well as those with more liberal leanings
Former US Attorney Dennis Aftergut, for example, said, "Just last month, the 11th Circuit Court of Appeals, one of the most conservative federal courts in the country, made important decisions in both the Fulton County and DoJ Trump investigations."
Specifically, in separate rulings, the court "gave the U.S. Department of Justice criminal justice attorneys the green light to review the seized, classified documents Trump brought to Mar-a-Lago to overturn renegade District Judge Aileen Cannon's freeze order," said aftergut .
In the other ruling, the court ruled that Graham "could not hide behind the 'speech and debate' clause of the Constitution to avoid testifying before the Atlanta grand jury," Aftergut noted.
“The Speech and Debate Clause,” he stressed, “only grants immunities from testimony on matters related to congressional speech and duty. This dog did not hunt here.”
The irony is that the new momentum has been spurred by lawsuits filed by Trump and his key loyalists as they attempt to block subpoenas for their statements and documents
Dennis Aftergut
Shortly after these rulings, the Supreme Court left both orders in place. "That's enough to make an old prosecutor with a stubborn faith in the courts proud," Aftergut said.
Separately, Federal Supreme Court Judge David Carter, who earlier this year issued a damning decision implicating Trump and Eastman in a conspiracy to overthrow the 2020 election, ruled last month that Eastman presented to the House panel on Jan. 6 33 documents, including a number, that the judge ruled were exempt from attorney-client privilege because they concerned a felony or attempted felony.
Ex-judicial attorneys say a number of recent court rulings should prove helpful to Special Counsel Jack Smith, who Attorney General Merrick Garland recently assigned to both the DoJ's investigation into Trump's post-presidency retention of sensitive documents and his efforts prevent Biden from taking office.
As befits Trump, he wasted no time attacking the new special counsel.
"I've been going through this for six years — I've been going through this for six years, and I'm not going through it anymore," Trump told Fox News Digital in an interview the same day Smith was appointed. "And I hope Republicans have the courage to fight it."
Notwithstanding Trump's predictable irritation, former prosecutors note that the court rulings proving beneficial to federal and state investigations have come largely in response to lawsuits filed by Trump and key allies.
"The irony is that the new momentum has been spurred by lawsuits filed by Trump and his key loyalists when they attempted to block subpoenas for their testimonies and documents," Aftergut said.
The result, he added, is that multiple court rulings "must have encouraged those investigating Trump."
Additionally, two in-depth reports in November from the Brookings Institution and Just Security, each focusing on the Fulton County probe and the US Department of Justice investigation into Trump's Mar-a-Lago stash of classified documents, provided strong evidence of the mounting legal Threats Trump's faces.
Now, some former prosecutors are sounding optimistic that charges are coming against Trump involving one or more federal and state investigations.
"I think Trump will probably be indicted in Georgia and in the documents case," Michael Bromwich, a former Justice Department inspector general, told the Guardian. "I'm curious to see what happens first."
donald trump
45th President of the United States

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