All posts tagged "elie honig"

'You don't get to decide!' CNN legal expert furious as Trump admin thumbs nose at judge

CNN legal analyst Elie Honig took a deep dive into the Trump administration's apparent disregard for a federal judge's order to return deportation flights heading to Central America.

On Saturday, U.S. District Judge James E. Boasberg ordered two flights carrying immigrants to El Salvador and Honduras to be immediately turned around. But the Trump administration appeared to mock the judge's order with White House communications director Steven Cheung and Secretary of State Marco Rubio reposting the Salvadoran President's comment on X that said, "Oopsie…Too late," with a laughing emoji.

CNN's Dana Bash said Monday, "Tom Homan, who is the border czar said that the plane was already over international waters. So, my question is, is that a good enough argument when the judge ordered the flights to be turned around and they didn't comply?"

Honig replied, "I think the first thing we need to figure out is, where were all of these planes? We know there were at least two, maybe three planes. We also know that the judge gave his ruling from the bench at 6:47 p.m. on Saturday. So, we need to know as of that moment, where were these planes?

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He continued, "And if you look at Homan's statement, he really seems to be arguing something else. What he is arguing is, 'Well, it would have been a really bad idea to bring these planes back,' but that misses the point. The first point is, that's what the judge ordered; you don't get to decide whether you think it's a good or bad idea. The second point is, they certainly could have decided to tell those planes to turn around. I mean, we have advanced communications here. Planes can be rerouted, but chose not to."

Bash said that a hearing had been set for 5 p.m. Monday when the judge will decide whether the administration did, in fact, defy the court order.

"He's going to want chapter and verse," Honig said of the judge. "Who knew what when? If the judge ultimately concludes that his order was defied, the remedies, I'm sorry to tell you, are not especially satisfying."

Honig said the judge could enter an issue of contempt, "but that's fairly toothless. That's more symbolic than anything else."

"There's always the theoretical possibility of impeachment, if you have the executive branch defying the judicial branch. But, we live in a reality, that's not going to happen either," he said.

Watch the clip below via CNN.

'No clue what he's talking about': Ex-prosecutor mocks 'kiss-up' interim US attorney

A former federal prosecutor sounded the alarm over Acting U.S. Attorney for Washington D.C., Ed Martin, who helped organize the "Stop The Steal" movement.

Yesterday, Martin posted to social media, calling himself and his colleagues, "President Trump's lawyers," who were "proud to fight to protect his leadership as our president."

"I'm going to ring the alarm bell here about this guy, Ed Martin...I think he's extraordinarily dangerous," CNN legal analyst Elie Honig said. "He has zero prosecutorial experience, but he also has no clue what he's talking about. Take that one posting that you just put, he said, 'We represent the president.' No, we don't! I was with DOJ for years. You didn't go into court and say, 'Elie Honig representing George W. Bush, Elie Honig representing Barack Obama.' You said, 'representing the United States... the president...is not your client. Your client is the people of the United States."

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Honig said Martin struck a sycophantic posture with Elon Musk, offering to protect the functional head of the Department of Government Efficiency at any cost.

"If you look at his Twitter feed, his X feed...he is basically kissing up to Elon Musk on a daily basis. 'Oh, it was such an honor to meet with you, and we will hunt down to the ends of the earth anyone who bothers you, anyone who acts unethically,'" Honig mocked Martin.

"None of that is the job of a prosecutor...and the fact that he seems to want to act as Elon Musk's personal police force, I think, is very dangerous, and we need to keep a close eye on."

In another post to X on Monday, Martin issued a "grammatically incorrect" denouncement of The Associated Press after a judge refused to allow its journalists back into the White House press room. Trump kicked them out for refusing to recognize "The Gulf of America."

Journalist Sam Stein posted Martin's mistakes to X, writing, "This is like the 87th most alarming thing from Ed Martin, U.S. Attorney for D.C. But if he's gonna fondle Trump from the safety of his perch, at least get him an editor."

Watch the clip below via CNN.

CNN's Elie Honig breaks down how Trump could still 'gum things up' over J6 report

President-elect Donald Trump could still "gum things up" to prevent the Department of Justice from releasing Jack Smith's final report on Trump's efforts to remain in power after the 2020 election, according to CNN legal analyst Elie Honig.

Honig told CNN's Dana Bash on Monday that Trump will have to rely on delay tactics because he has "no legal basis" for any court to step in and deny the report's release.

"What the Trump team would essentially be asking to do here is to prohibit DOJ from releasing the January 6th special report. That's separate...from the classified documents report. There is simply no legal basis on which a court can stop DOJ from releasing that," Honig said.

"Donald Trump really can't show any ongoing prejudice here because he's already been dismissed from these two cases," Honig continued. "That's actually why the classified documents decision to hold that one back and to keep that one just for Congress is a different case, because there's still two defendants live in that case."

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Trump's co-defendants in the Mar-a-Lago documents case, Walt Nauta and Carlos De Oliviera, filed an emergency motion that was denied Monday by Judge Aileen Cannon. Judge Cannon set a hearing date of Friday on whether to authorize the release of that final report.

But she ruled that Smith's report into the election interference case that was being handled in D.C. — but which was dismissed — can be released — though more complaints may be received.

According to CNN, "Trump’s lawyers are arguing the separate volume on election subversion should not be released as well, alleging Cannon’s ruling disqualifying Smith in the documents case ended his authority to release that aspect of his report as well."

Honig concluded that he did think the J6 report would ultimately be released to the public, "but, again, it's all about managing the calendar and the clock here," he said.

"If Donald Trump can hold this thing off another week, almost to the moment when he can become the next president, then his DOJ can choose not to release it. So, just to sum up, I don't think he has any legal basis to get a court to stop it but if he can gum things up for another seven days, then it becomes his DOJ, and I'm sure they will not release it."

Watch the clip below via CNN.

Expert reveals how 'explosive' witness in Trump's D.C. case may be called before election

A former federal prosecutor says the federal judge in Washington, D.C. who was just re-handed former President Donald Trump's 2020 election fraud case is now tasked with picking "through the wreckage" left by the Supreme Court — and deciding what is evidence, and what is not.

Elie Honig, former assistant U.S. Attorney for the Southern District of New York, joined CNN's "The Source" with host Kaitlan Collins on Friday night to discuss the case, which returned to the hands of Judge Tanya Chutkan.

The federal case was brought by special counsel Jack Smith over the Jan. 6 attack at the Capitol. The High Court sent the case back to Chutkan about a month ago after ruling presidential immunity exists and that presidents are immune for "official acts." The case returns to the trial judge, Chutkan, who is tasked with determining what is an official act — "and therefore out of the case," Honig said — and what's an unofficial or private act that can remain in the case.

"So she's gotta figure out which falls into which column," he said.

Honig noted that prosecutors can't charge or even mention certain pieces of evidence now following the ruling, such as alleged conversations between Trump and his then-attorney general Bill Barr or his vice president, Mike Pence. Honig questioned whether Smith can tell a "coherent narrative" after the pieces of evidence subject to immunity are "pulled out."

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"It's like if I told you, 'You have to tell the story of the 'Wizard of Oz,' but you can't even mention the Lion or The Tin Man,'" he said.

Honig also laid out a timeline of what people should expect moving forward — including the days leading up to the election.

"This will not be tried before the election," he said.

If Chutkan tried to get the parties in court hearings in the upcoming weeks and attempted to go to trial, Honig said, Trump can take his case back to the Supreme Court to challenge whatever the trial judge found.

What could happen, however, is Chutkan could have a hearing — no trial, no jury, no verdict — and hear the prosecution's evidence. Chutkan could, he said, decide what qualifies for immunity and what does not.

"And in that hearing, the prosecution may try to call explosive witnesses, including potentially Mark Meadows, maybe Mike Pence — and this could be happening in the next few weeks as we get close to the election," he said.

In such a scenario, Honig said Trump would likely have the option to appear at the hearing.

"He probably will be allowed to skip it if he's out on the trail, but the timing here, Kaitlan, I mean, we're what, 95 days now? Imagine Mike Pence taking the stand in the middle of September. The impact that would have," he said.

Watch the clip below or at this link.

'That's just not correct': CNN legal expert says Judge Merchan made an error in Trump case

A CNN legal expert on Saturday put Judge Juan Merchan on notice that he made a mistake during the criminal trial of former president Donald Trump.

Former federal prosecutor Elie Honig appeared on CNN over the weekend to discuss Trump and the criminal charges he's facing. Specifically, the host asked Honig about an interaction in which Merchan, who is overseeing the Trump case, made a comment about what the jury will be deciding.

The host began by quoting Merchan, who said Trump's lawyer's denial of the purported Stormy Daniels affair "puts the jury in a position of having to choose who they believe, Donald Trump, who denies there was an encounter, or Stormy Daniels, who claims that there was one."

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"Elie, an opening statement is not evidence," the host said, asking whether it was "appropriate" for Merchan to make that call.

Honig suggests that the statement by Merchan "is actually legally incorrect."

"The prosecution carries the burden of proof beyond a reasonable doubt, always and forever," he said. "And for the judge to say this is going to come down to a contest of credibility before the before jury, who's telling the truth? Stormy Daniels or Donald Trump? That's just not correct."

Honig went on to say that, if Trump doesn't take the stand, "it's not for the jury to say, well, who do I believe more?"

"It's for the jury to say, has the prosecution proved its case beyond a reasonable doubt?" Honig said. He then compared the situation to Trump versus his former lawyer Michael Cohen.

"What if the jury concludes they're both big fat liars?" he asked. "Which might be the case. Guess what? The verdict is, not guilty. So I actually think the judge mistakes the burden of proof in that excerpt you just showed us."

Watch the video below or click here.

Trump warned about 'much more severe' penalty if he keeps up 'outrageous' court antics

Donald Trump was put on notice by a former federal prosecutor that, if he keeps up his "absolutely bizarre" courtroom behavior, he will be hit with much more severe, non-monetary jury verdicts.

Legal analyst Elie Honig appeared on CNN's Smerconish on Saturday, where he was asked by the host, "Does Donald Trump have a jury problem?"

"Well, you bet he does, Michael, if he behaves like that," Honig replied. "I want people to understand what Donald Trump did in that courtroom throughout this trial is not just unusual, it is absolutely bizarre and self-destructive."

Honig noted that trial lawyers are warned against the exact activity in which Trump engaged.

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"When you're a trial lawyer you understand the jury is sitting there feet away watching and evaluating everything you do. You are trained that you have to have a poker face, even if your most important witness goes south or the judge makes a terrible ruling, you have to act like you're doing just fine because the jury is watching you and, for Donald Trump to sit there muttering out loud in ways the jury can hear and the judge admonishing him, for him to stand up and walk out during a jury address by the other side, is outrageous and I assure you the jury held that against him."

Honig ended with a warning.

"If I was his lawyer I would say this is civil court, your penalty for acting out is financial, but when we get into criminal court, the penalty will be much more severe."

Watch the video below or click the link here.

Donald Trump cut off as he gets brutally fact-checked by CNN's Kaitlan Collins

Donald Trump was caught making false accusations of election fraud and political witch hunts on Tuesday by CNN legal analysts who tuned into his post-presidential immunity-hearing speech.

CNN host Kaitlan Collins cut off Trump's speech and jumped in to call him out on several false claims she said she needed to dispute immediately.

“A few fact checks and reality statements on what you’re hearing there,” Collins told viewers. “There is no evidence of voter fraud, and many courts have found that there has never been any evidence of it that Trump has been able to bring.”

Collins professed herself surprised that Trump would repeat such claims six days before the Iowa caucuses and then turned the conversation over to former federal prosecutor Elie Honig, who doubled down on the reality check.

Honig took umbrage with Trump’s claim that special counsel Jack Smith fared poorly during the hearing and that he was pursuing a political witchhunt at the behest of President Joe Biden.

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“We need to set the record straight,” Honig said. “Trump told us that [the Justice department] made these remarkable sort of shocking concessions. I don't think so.”

Honig then added, “To the contrary, it was a little bit surprising to hear Donald Trump’s lawyers go in there and concede that under certain circumstances, a former president can be prosecuted.”

As for the political witchhunt claim, Honig once again returned to facts, or lack thereof.

Honig pointed to the layers of government between Biden and Smith, namely Attorney General Merrick Garland, who was appointed by the Senate and himself chose Smith as an extra layer between the prosecution team and the White House.

“Just so people understand,” Honig said, “There is no evidence of any communication between any of those folks, particularly Joe Biden.”

Watch the video below or click here.

Jack Smith plans to call Trump cellphone tracker as expert in Jan. 6 case: report

Special counsel Jack Smith plans to call an expert who tracked former President Donald Trump's cell phone use, including his activity on Twitter, during the Jan. 6 attack on the U.S. Capitol in 2021, reports the Messenger.

This information was revealed Monday in a three-page filing in Smith's federal Washington D.C. election interference case against the former president, the Messenger reports.

The expert has "knowledge, skill, experience, training, and education beyond the ordinary lay person regarding the analysis of cellular phone data, including the use of Twitter and other applications on cell phones," according to the report.

The expert crunched data from Trump's White House cell phone and that of another person unnamed in the filing, the Messenger reports.

Data included images and visited websites to determine how the phones were used throughout the post-election period through Jan. 6, according to the Messenger.

The prosecution team also wants to call an expert who specializes in geographic location data and location history data, including Google location history data, according to the Messenger.

Legal analyst Elie Honig appeared on CNN Monday night to discuss the new filing, telling Anderson Cooper it was "so important."

"Cell phones have now become evidentiary bonanzas," Honig said. "They can tell you virtually about everything a person is doing."

Fani Willis' case is also 'doomed' if Jack Smith's SCOTUS bid fails: legal expert

Fulton County District Attorney Fani Willis’ Georgia election interference case will be “doomed” if the Supreme Court rules Donald Trump is immune from criminal prosecution in Special Counsel Jack Smith’s case, legal analyst Elie Honig said Monday.

“If Donald Trump is to win here, obviously Jack's Smith federal election interference case is out the window,” Honig said.

“I also think Fani Willis' case is doomed.”

Honig’s comments arrive on the heels of a headline filing from Smith, who seeks to fast-track his Washington D.C. case against Trump by leapfrogging the appeals court system.

Monday’s ruling requests the Supreme Court consider as soon as possible whether or not Trump can be prosecuted for allegedly criminal actions undertaken as a U.S. President.

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Honig told Jake Tapper on CNN Monday afternoon that Trump’s hush money and White House documents cases would likely be unaffected as those criminal charges are tied to actions before and and after his presidency.

But Willis’ case, in which she accused Trump and 18 others of corruptly attempting to overturn the 2020 election results in her state, stands especially vulnerable, said Honig.

“If [Trump] wins here I think two of the four cases are going to be out the window,” Honig said.

Watch the video below or click here.

Legal expert shocked by Trump gag order drama: 'I've never seen anything quite like this'

Former President Donald Trump's game of gag order gotcha is stunning legal experts who say its making U.S. history.

"I've never seen anything quite like this," CNN legal analyst Elie Honig told Wolf Blitzer Friday night.

The legal dealings that stunned the CNN analyst are tied to a gag order implemented by Tanya Sue Chutkan, the federal judge overseeing the election fraud case filed in Washington D.C., which was put on hold to give Trump a chance to appeal.

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"Donald Trump then pretty much immediately violated it while it was on hold," Honig said. "So the judge said okay, I'm unfreezing it and putting the gag order back in place."

If one hold wasn't enough, there was more.

The appeals court — who must seriously consider the ramifications of gagging a candidate in an upcoming presidential election — put the formerly on-hold gag order back on hold.

For Honig, there were two messages to be learned.

The first: "The appeals court is taking Donald Trump's first amendment argument seriously," Honig said. "They're going to hear him out."

The second:

"They have signaled to Donald Trump you're on a very short leash here," Honig said. "We intend to move very, very quickly."

Watch the video below or click the link.