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Should Trump have confidence in his lawyers? Legal experts weigh in

Should Trump have confidence in his lawyers? Legal experts weigh in

As attorneys for former President Donald Trump work behind the scenes on an appeal following his conviction in the New York v. Trump trial, legal observers speculated to Fox News Digital about whether the presumptive Republican nominee is confident in his legal team ahead of his sentencing hearing – scheduled just four days before the Republican National Convention.  While under normal circumstances, defense attorneys usually wait until after sentencing to file an appeal, legal analyst Phil Holloway questioned the lack of urgency from Trump’s lawyers in seeking federal intervention.  “I’m curious to know why we have not seen any effort by Trump’s legal team to stay the looming sentencing,” Holloway told Fox News Digital. “I think there’s a reasonable argument to be made to a NY Appeals court, or even a federal court, that under the extraordinary circumstances present in this case, a stay of the NY proceedings is necessary to prevent a serious disruption of the federal electoral process.”  “Every American citizen, at any rate, has an interest in being able to vote for the candidate of their choice in a presidential election. So we’re not talking about a normal and customary kind of an appeal,” Holloway said. “It’s unheard of in American jurisprudence. And so I think you can take the traditional rule book and throw it out. I think they need to pursue every conceivable avenue to get relief from another court.”  LEGAL ANALYSTS, PUNDITS SOUND ALARM ON TRUMP VERDICT, SUGGEST THERE’S ROOM FOR APPEAL: ‘CONTORTED THE LAW’ Holloway and David Gelman, another legal analyst who spoke with Fox News Digital, both separately referenced the Bush v. Gore case, when the U.S. Supreme Court ultimately ruled that Florida did not need to complete a recount in the 2000 presidential election, because it could not be accomplished in a constitutionally valid way within the time limit set by federal law.  Gelman said that usually the Supreme Court or lower federal courts will not intervene in state decisions unless it’s a matter of “national importance,” as it was in 2000 and is again with the Trump case.  “Look, it’s a Hail Mary. I’m not going to say it isn’t. However, you have nothing to lose. And, I think that this may, you know, get their attention a little more than a normal Hail Mary, if you will,” Gelman told Fox News Digital. “And also the Supreme Court is also hearing President Trump’s immunity claims right now. . . . So they’re very familiar with the arguments that are set forth with President Trump, even though this is not an immunity issue. So I think that it would be very prudent on the defense attorneys to throw that too, put up a motion before the Supreme Court to ask them to intervene and to file an emergency application to do so.”  “We don’t know what they’re doing behind the scenes to prepare for the sentencing and obviously to prepare for the appeal. But I do wish we would see them acting with more of a sense of urgency regarding the appeal,” Holloway said. “If it were me, I might consider going to federal court now ahead of sentencing, seeking some kind of injunction to pause or to stop the sentencing from going forward, considering that you have the federal interest regarding the upcoming election at stake, and I think there’s enough federal issue involved to get a federal court involved in this.”  The appeal must not go to the intermediate Appellate Division, which is Manhattan-based, and at a minimum go before the state Appellate Division of New York, if not the Supreme Court, Gelman said.  Holloway said that if Trump’s legal team could “could somehow put a stop to the sentencing or pause it, they could perhaps begin the process of giving something up to the U.S. Supreme Court before the election.” “If they have a client who gets sentenced to jail or even who is put on probation, that’s a significant restriction on the former president’s personal liberty,” Holloway said. “Either way, and it has an impact on the election. And I think there’s a significant federal issue there that would give the federal courts the jurisdiction they need to weigh in on, even before an appeal runs its traditional course.”  He also noted how the timing of the Republican convention could play into Trump’s attorneys’ strategy. “I think that it makes a big difference to a federal court potentially if you’re talking about someone who is the actual nominee of the party versus someone who is a presumptive nominee,” Holloway said. “I think that if you have the actual nominee facing the significant restrictions on his personal liberty, whether he’s in jail or whether he’s on probation or house arrest or some combination of all of that. I think that it’s a very real issue that the federal courts ought to get involved in, because there’s a strong argument to be made that they ought to sort of hit the pause button to stay any further proceedings until the election plays out.” NEW YORK APPEALS COURT JUDGES IN TRUMP CASE ROUTINELY DONATED TO DEMOCRATS, RECORDS SHOW Another case to consider is in Georgia, where the state’s court of appeals halted any proceedings in the 2020 election interference case until it hears Trump’s appeal to disqualify Fulton County District Attorney Fanis Willis. The hearing date is tentatively scheduled for Oct. 4. While Holloway and Gelman agreed that both Manhattan and Fulton County, Georgia, are heavily blue jurisdictions, Holloway noted that a small portion of northern Fulton County is traditionally more red, so because the jury pool comes from the county as a whole, Trump has a slightly better chance of getting a more friendly jury, compared to Manhattan. “I think there’s a very good possibility that the DA, Fani Willis, will have to be recused and no longer be able to be on that case. And then once that happens, if another fresh set of eyes looks at

Ex-intel officials double down on signing ‘patriotic’ letter against Hunter Biden laptop: ‘Woefully ignorant’

Ex-intel officials double down on signing ‘patriotic’ letter against Hunter Biden laptop: ‘Woefully ignorant’

Dozens of former intelligence officials who signed a letter warning Hunter Biden’s infamous laptop “has all the classic earmarks” of Russian disinformation are either declining to retract or doubling down despite the device being entered as evidence in his ongoing criminal trial. Fox News Digital reached out to all 51 individuals who signed the heavily scrutinized October 2020 letter, published just before the 2020 presidential election, asking if they regretted signing it now that the laptop is being used by the prosecution arguing Hunter committed a federal gun crime. “No,” former Obama Director of National Intelligence James Clapper simply said, also declining to publicly remove his name from the letter or concede that those signing onto it should have waited longer for more information to develop. Mark S. Zaid, an attorney representing signatories Ronald Marks, Marc Polymeropoulos, Douglas Wise, Paul Kolbe, John Sipher, Emile Nakhleh and Gerald O’Shea, sent Fox News Digital a statement on behalf of his clients that doubled down on the importance of the letter and claimed it was “patriotic” to sign it. BIDEN CAMPAIGN’S 2020 NARRATIVE ABOUT HUNTER’S LAPTOP COLLAPSES AFTER BIDEN DOJ ENTERS INTO TRIAL EVIDENCE “There continues to be by many a calculated or woefully ignorant interpretation of the October 2020 letter signed by fifty-one former intelligence officials concerning Hunter Biden’s laptop,” Zaid, who once posted online that Trump’s election was “very scary,” said in the statement. “A careful and objective reading of the document reflects that even today its content is accurate. It served as nothing more than a warning letter of what we have known for decades: certain foreign governments – including Russia – continue to try and actively interfere in our domestic affairs and our guard must remain vigilant. Every patriotic American should have signed that letter.” Greg Treverton, a signatory who previously served as chair of the National Intelligence Council, defended the letter in a statement to Fox News Digital.  “This is very old news,” Treverton said. “What we said was true, we were inferring from our experience, and it did look like a Russian operation. We didn’t, and couldn’t of course say it was a Russian operation. Enough said.” BIDEN SAYS HE WON’T PARDON SON HUNTER, VOWS TO ACCEPT VERDICT IN FELONY GUN CRIME TRIAL Former CIA Director Michael Hayden hung up the phone when contacted by Fox News Digital and did not respond to a follow-up text and email. Former CIA chief of staff Larry Pfeiffer declined to comment, and former National Counterterrorism Center National Director Russ Travers said, “These issues were addressed… several years ago.” Two of the signatories – Patty Brandmaier and Brett Davis – passed away in 2023. “We want to emphasize that we do not know if the emails, provided to the New York Post by President Trump’s personal attorney Rudy Giuliani, are genuine or not and that we do not have evidence of Russian involvement – just that our experience makes us deeply suspicious that the Russian government played a significant role in this case,” the letter stated, before explaining several reasons why the laptop is “consistent” with Russian disinformation. “Our view that the Russians are involved in the Hunter Biden email issue is consistent with two other significant data points as well. According to the Washington Post, citing four sources, ‘U.S. intelligence agencies warned the White House last year that Giuliani was the target of an influence operation by Russian intelligence.’” HUNTER BIDEN LAPTOP RE-EMERGES AS MEDIA EMBARRASSMENT AS IT BECOMES KEY EVIDENCE AT GUN TRIAL “In addition, media reports say that the FBI has now opened an investigation into Russian involvement in this case. According to USA Today, ‘…federal authorities are investigating whether the material supplied to the New York Post by Rudy Giuliani… is part of a smoke bomb of disinformation pushed by Russia.’” “Hunter Biden story is Russian disinfo, dozens of former intel officials say,” the original headline from Politico story on the letter from the 51 former officials said.  When asked about Politico’s characterization of the letter in the headline compared to his statement on behalf of his clients and why his clients did not publicly push back on it after publication, Zaid told Fox News Digital that in journalism “sometimes not even the writer of the story chooses the headline content” and that “pretty much two people wrote the letter, and everyone else just signed.” “These are not people who often would pay attention to the media details. I couldn’t even tell you if they saw the Politico story. Many of them have since spoken out and very clearly clarified what they meant.” BIDENS MOCKED HUNTER’S LAPTOP TO HIDE EVIDENCE OF POSSIBLY LARGEST US CORRUPTION SCANDAL EVER Hunter Biden’s laptop, the contents of which were first published by the New York Post in 2020, has long been dismissed by Democrats as Russian disinformation and news outlets across the country seized on the letter from former intel officials as definitive proof the laptop was not legitimate. Several members of the Biden campaign vigorously denied the legitimacy of the laptop leading up to the November election while appearing to be coordinating the release of the Politico story. The article was published days before a debate between Democratic presidential candidate Joe Biden and President Trump, where Biden claimed, “There are 50 former national intelligence folks who said that what he’s accusing me of is a Russian plant.” Despite claims from former officials that the laptop had the hallmarks of Russian disinformation, Fox News Digital reported that federal investigators with the Department of Justice knew in December 2019 that Hunter Biden’s laptop was “not manipulated in any way” and contained “reliable evidence,” but were “obstructed” from seeing all available information, according to an IRS whistleblower involved in the probe – nearly a year before the former intelligence officials and Joe Biden declared it was part of a Russian disinformation campaign. The laptop was introduced into evidence in a Delaware courtroom last week by prosecutor Derek Hines and handed to FBI agent Erika Jensen, who had earlier

Hunter Biden enters day 6 of criminal trial with possibility of taking the stand

Hunter Biden enters day 6 of criminal trial with possibility of taking the stand

First son Hunter Biden could testify in his criminal trial on Monday, according to his defense team.  Day five of Biden’s historic trial in Wilmington, Delaware, regarding the purchase of a handgun in 2018 could include testimony from the man in question himself. Defense attorney Abbe Lowell was heard saying following Friday’s lunch break that he will take the weekend to decide if he will call Biden to testify, and that he will notify Special Counsel David Weiss’ office of the decision.  Details surrounding the decision will be made public some time after 8:15 a.m. Monday, when presiding Judge Maryellen Noreika requested both legal parties report back to the J. Caleb Boggs Federal Building and United States Courthouse. Prosecutors are working to prove that Biden lied on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled “No” when asked if he is an unlawful user of a firearm or addicted to controlled substances. Hunter Biden purchased a Cobra Colt .38 from a store called StarQuest Shooters & Survival Supply in Wilmington. HUNTER BIDEN TRIAL ENTERS DAY 5 AFTER TESTIMONY FROM SISTER-IN-LAW-TURNED-GIRLFRIEND: ‘PANICKED’ Biden is facing charges of making a false statement in the purchase of a gun, making a false statement related to information required to be kept by a federally licensed gun dealer, and possession of a gun by a person who is an unlawful user of or addicted to a controlled substance. He pleaded not guilty in the case. It is the first time in U.S. history that a sitting president’s child is on trial.  HUNTER BIDEN TRIAL ENTERS DAY 4 AFTER WILD TESTIMONY FROM EXES ON RAMPANT DRUG USE, TRASHED HOTEL ROOMS The total maximum prison time for the three charges could be up to 25 years. Each count also carries a maximum fine of $250,000 and three years of supervised release. Hunter Biden’s defense team does not deny the first son’s issues with addiction, which are well documented in his memoir, “Beautiful Things.” They instead argue that at the time of the gun purchase, Hunter did not consider himself a user of illegal substances.  Friday’s day in court included testimony from: Dr. Jason Brewer, a forensic chemist for the FBI; Drug Enforcement Administration (DEA) Supervisory Special Agent Joshua Romig; Jason Turner, the gun shop employee who ran Biden’s background check for the gun purchase; Ronald Palimere, the owner of the gun shop, StarQuest Shooters & Survival Supply; and Biden’s daughter, Naomi Biden.  HUNTER BIDEN TRIAL ENTERS 3RD DAY WITH CROSS-EXAMINATION OF FBI AGENT Naomi Biden took the stand early Friday afternoon in the federal courthouse, dressed in all black with her hair pulled back, and told the court amid her testimony that she was “nervous.” Hunter Biden appeared emotional when his daughter first entered court, taking out a tissue at one point and dabbing his eyes.  The first granddaughter told the court that she is aware of her father’s addiction to drugs, but said she had never witnessed him use drugs, namely crack cocaine.  ‘LIKE A SON’: FORMER TOP BIDEN ADVISER WITH DEEP BUSINESS TIES TO CHINA SPOTTED INSIDE HUNTER BIDEN GUN TRIAL “Yes, I knew that he was struggling with addiction,” she said. “After my uncle died things got bad…” Hunter Biden’s brother, Beau Biden, died in 2015, which Hunter Biden has previously cited as contributing to his spiraling drug and alcohol addiction.  Naomi Biden walked the court through a California trip she took in August 2018 to visit her father amid his stint at a rehab facility. She said she met with Biden, his sober coach, alongside her then-boyfriend and eventual husband, Peter Neal, for lunch at a coffee shop, noting she was proud of her father for his work on becoming sober.  HUNTER BIDEN’S WIFE LASHES OUT AT FORMER TRUMP AIDE DURING COURT APPEARANCE: ‘PIECE OF S—‘ Prosecutor Leo Wise grilled Naomi Biden about mid-October of 2018, specifically asking about the first son’s pickup truck that Naomi Biden had in New York City, where she lived at the time.  Earlier this week, the court heard that Hunter Biden stored the Cobra Colt .38. in the truck’s center console, before his sister-in-law turned girlfriend, Hallie Biden, found the gun and threw it away in a trashcan outside of a grocery store in Wilmington.  Naomi Biden testified that the truck was in good condition when she returned it to her father on Oct. 19, telling the court there were no remnants of drugs and crack cocaine. Hallie Biden had testified she found the gun in the truck on Oct. 23, telling the court she also found a “dusting” of powder in the truck on Oct. 23. HUNTER BIDEN’S DRUG USE: WHAT THE PROSECUTION NEEDS TO PROVE AND WHAT WE ALREADY KNOW The gun was recovered in a brown pouch. Chemistry expert Brewer testified Friday that he tested the “white or off-white” substance found on the pouch, finding it was cocaine. Cocaine is the base substance for crack cocaine.  Prosecutor Wise presented Naomi Biden with a stack of printed out text messages she shared with her father in October 2018 during cross-examination, including messages Hunter Biden sent his daughter after 2 a.m. asking if her boyfriend could drive the truck to him at that hour.  “Where are the keys for the truck and can Peter bring the keys to 57th and 5th and I’ll trade cars with him?” the text said, according to Wise’s reading.   HUNTER BIDEN TRIAL: 9 KEY FIGURES WHO MAY TESTIFY Naomi testified that she did not know what her father was doing at 2 a.m. or why he was asking for the car in the middle of the night. Wise asked Naomi Biden if she knew if her father was meeting with someone named Frankie that night. Hunter Biden’s former girlfriend, Zoe Kestan, a 24-year-old stripper Biden met in 2017 when he was 48, testified earlier this week that Biden met with a drug dealer named Frankie in a hotel room