Prosecutors Continue Investigation into Trump’s Attempts to Overturn Election
Investigators from the office of special counsel Jack Smith are moving forward with their probe into former President Donald J. Trump’s efforts to overturn the 2020 election. The prosecutors recently interviewed Bernard B. Kerik, a former New York City police commissioner who played a key role in helping Rudolph W. Giuliani investigate claims of voter fraud. The interview focused on fundraising activities by Trump’s political action committee (PAC), Save America PAC.
According to Kerik’s lawyer, Timothy Parlatore, prosecutors questioned Kerik about whether the PAC raised money on the premise of investigating election fraud but used the funds for other purposes. Kerik informed prosecutors that Giuliani’s team did not receive any money from Save America PAC, even though they were tasked with investigating the fraud claims. Parlatore suggested that if the PAC had provided funds, they could have more effectively examined the allegations.
This interview, known as a proffer session, is part of an agreement between prosecutors and individuals under investigation. Participants provide valuable information to potentially avoid charges or testifying before a grand jury. In return, prosecutors agree not to use their statements against them unless they are found to be false.
Notably, Giuliani also underwent a proffer session in June, where he was questioned about a scheme to create fake slates of pro-Trump electors in battleground states won by President Biden. Prosecutors focused on the involvement of John Eastman, another lawyer who advised Trump on strategies to retain power after the election. Both Giuliani and Eastman were listed as unnamed co-conspirators in the indictment filed against Trump this month.
Judge Tanya S. Chutkan, presiding over the case, has scheduled a hearing to discuss a protective order governing the handling of discovery evidence. Prosecutors have urged the judge to prohibit Trump from publicly releasing any evidence as they worry he may attempt to influence the case through the media. Trump’s lawyers argue that these restrictions infringe on his First Amendment rights.
In addition, Trump’s legal team has requested an exclusion of the 25-day period between his arraignment and the first status conference from the speedy trial clock. They contend that the complexity of the case necessitates more time to evaluate the government’s evidence and prepare the defense. Trump’s strategy appears to be prolonging the trial process, potentially delaying it until after the 2024 election if he wins and enabling him to pardon himself or dismiss the charges.
During Kerik’s interview, prosecutors also inquired about Sidney Powell, a lawyer who filed conspiracy-laden lawsuits alleging voter machine manipulation in favor of Biden. Kerik stated that he was unaware of any factual basis for Powell’s claims. Prosecutors also questioned Kerik about Phil Waldron, a former Army colonel who acted as a liaison between Powell and Giuliani’s team. They sought insights into the extent of the vetting process for Waldron’s claims of mathematical irregularities in swing state results.
The investigation into Trump’s attempts to overturn the election continues to unfold, with prosecutors diligently pursuing potential leads and seeking answers from key witnesses. As the legal proceedings progress, the handling of evidence and restrictions on public statements will be key issues addressed in upcoming court hearings.