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Rudy Giuliani said Sunday that special counsel Robert Mueller is aiming to finish the probe into potential wrongdoing by President Donald Trump by Sept. 1.Giuliani, Trump's attorney, confirmed to CNN that Mueller's office shared its timeline with him about a month ago.The former New York mayor said, however, that Mueller gave him the information within the context of a discussion about whether Trump would do an interview with the special counsel. Giuliani said the impression he got was that Mueller was saying if the President did do an interview, then the investigation into Trump's actions, including any potential obstruction of justice or possible collusion with Russia's interference in the 2016 election, could be wrapped up by that date. 762
SACRAMENTO, Calif. (AP) — The California Legislature has sent a bill to Gov. Gavin Newsom that would let counties offer fewer in-person voting options as they hold the November election in the midst of the pandemic. Newsom has already signed a law requiring counties to mail ballots to voters ahead of the Nov. 3 election. County election officials are having trouble securing enough polling places because of the pandemic. California continues to have problems with missing data on virus infections throughout California. State officials have acknowledged California has been undercounting virus cases due to a technical issue with a database used to collect test information from labs. 695
SACRAMENTO, Calif. (AP) — High-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets."Individual liberty and freedom are not outmoded concepts," San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group's argument that banning the magazines infringes on the Second Amendment right to bear arms.Benitez had temporarily blocked the law from taking effect with a 2017 ruling.Chuck Michel, an attorney for the NRA and the California Rifle & Pistol Association, said the judge's latest ruling may go much farther by striking down the entire ban, allowing individuals to legally acquire high-capacity magazines for the first time in nearly two decades."We're still digesting the opinion but it appears to us that he struck down both the latest ban on possessing by those who are grandfathered in, but also said that everyone has a right to acquire one," Michel said.Attorney General Xavier Becerra said in a statement that his office is "committed to defending California's common sense gun laws" and is reviewing the decision and evaluating its next steps.The goal of the California law is to deter mass-shootings, with Becerra previously listing as an example the terrorist assault that killed 14 and injured 22 in San Bernardino.Benitez, an appointee of Republican President George W. Bush, called such shootings "exceedingly rare" while emphasizing the everyday robberies, rapes and murders he said might be countered with firearms.The Giffords Law Center to Prevent Gun Violence, named after a former congresswoman who survived a mass shooting, is also still evaluating whether the decision applies more broadly, said staff attorney Ari Freilich.But Freilich predicted the "extreme outlier decision" will be overturned on appeal and criticized a judge "so deeply out of touch that he believes mass shootings are a 'very small' problem in this country."Becerra previously said similar Second Amendment challenges have been repeatedly rejected by other courts, with at least seven other states and 11 local governments already restricting the possession or sale of large-capacity magazines. The conflicting decisions may ultimately be sorted out by the U.S. Supreme Court.Benitez ruled that magazines holding more than 10 rounds are "arms" under the U.S. Constitution, and that the California law "burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state."Benitez described three home invasions, two of which ended with the female victims running out of bullets.In the third case, the pajama-clad woman with a high-capacity magazine took on three armed intruders, firing at them while simultaneously calling for help on her phone."She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911," the judge wrote, saying she killed one attacker while two escaped.The magazine ban was included in 2016 legislation that voters strengthened with their approval of Proposition 63, which was championed by then-Lt. Gov. Gavin Newsom.In a statement, Newsom criticized the judge's ruling."This District Court Judge's failure to uphold a ban on high-capacity magazines is indefensible, dangerous for our communities and contradicts well-established case law," the governor said. "I strongly disagree with the court's assessment that 'the problem of mass shootings is very small.' Our commitment to public safety and defending common sense gun safety laws remains steadfast." 4228
Rudy Giuliani's assertion to CNN this week that President Donald Trump can't be indicted by the special counsel, and thus can't face a subpoena, banks on a series of internal Justice Department policies.The question to this day is untested in the court system. Yet the step-by-step process Robert Mueller or any special counsel could follow for a President under investigation has several possible outcomes.According to several legal experts, historical memos and court filings, this is how the Justice Department's decision-making on whether to indict a sitting president could play out:First, there must be suspicion or allegations of a crime. Did the President do something criminally wrong? If the answer is no, there would be no investigation.But if the answer is maybe, that puts federal investigators on the pursuit. If they find nothing, Justice Department guidelines say they'd still need to address their investigation in a report summarizing their findings.If there could be some meat to the allegations, the Justice Department would need to determine one of two things: Did the potentially criminal actions take place unrelated to or before to the presidency? Or was the President's executive branch power was crucial in the crime?That determination will come into play later, because Congress' power to impeach and remove a president from office was intended by the framers of the Constitution to remedy abuse of the office, legal scholars say.Perhaps, though, the special counsel decides there's enough evidence to prove that the President broke the law.That's where the Office of Legal Counsel opinions come in.In 1973 and 2000, the office, which defines Justice Department internal procedure, said an indictment of a sitting president would be too disruptive to the country. This opinion appears to be binding on the Justice Department's decision-making, though it's possible for Deputy Attorney General Rod Rosenstein to choose to override the opinion, give Mueller permission to ignore it and take it to court, or ask the office to reexamine the issue by writing a new opinion.This sort of legal briefing has been done before, like in the year after the 1973 opinion, when then-special prosecutor Leon Jaworski wrote a Watergate-era memo describing why the President should not be above the law.Of course, there's another immediate option if a special counsel finds the President did wrong. Prosecutors could use the "unindicted co-conspirator" approach. This would involve the special counsel's office indicting a group of conspirators, making clear the President was part of the conspiracy without bringing charges against him.At any time, in theory, a special counsel could decide to delay an indictment until the President leaves office -- so as not to interfere with the functioning of the executive branch. The other options would be to drop the case or send an impeachment referral to Congress. As evidenced by Mueller's actions previously in the investigations of Trump's personal attorney Michael Cohen and former campaign chairman Paul Manafort, any steps this special counsel takes will likely come with the full support of the acting attorney general on the matter, Rosenstein.The question of whether a President could be subpoenaed is a story for another day. 3303
Rudy Giuliani just contradicted the White House and the Justice Department on a very sensitive subject: The AT&T-Time Warner deal."The president denied the merger," Giuliani, a new member of President Trump's legal team, said in an interview with HuffPost on Friday.Giuliani was seemingly trying to defend the president against any suggestion that Michael Cohen improperly influenced the administration after the revelation that Cohen, Trump's longtime personal attorney, was paid large sums of money by AT&T and several other corporate clients."Whatever lobbying was done didn't reach the president," Giuliani said, repeating a claim he made to CNN's Dana Bash on Thursday.But then Giuliani went further, telling HuffPost's S.V. Date that "he did drain the swamp... The president denied the merger. They didn't get the result they wanted."In other words: If AT&T hired Cohen to win government approval of the deal, AT&T wasted its 0,000.But the assertion that "the president denied the merger" flies in the face of everything the government has previously said about the deal."If Giuliani didn't misspeak, this is major news," former federal prosecutor Renato Mariotti tweeted Friday night. "It is highly unusual for the president to be involved in DOJ merger decisions."It is possible that Giuliani misspoke, or that he simply does not know what he's talking about. He was not working for Trump at the time the Justice Department was reviewing the deal. Since he began representing Trump, he has had to change the story he has been telling in public about Stormy Daniels and what Trump knew or didn't know and when about the payment Cohen made to her. And he may simply have meant "the president" as a stand-in for "the administration."But this is not the first time that there have been questions about whether politics and Trump influenced the DOJ's decision.On the day AT&T announced its bid to buy Time Warner, the parent company of CNN, then-candidate Trump said he opposed the deal. So when he took office, there were concerns within AT&T and Time Warner that he or his aides would try to block the deal.AT&T said earlier this week that it hired Cohen, in part, to gain "insights" about the Trump administration's thinking about the deal.Throughout 2017, career officials at the Justice Department's antitrust division conducted a standard review of the proposed deal.The DOJ traditionally operates with a lot of independence. But there were persistent questions about possible political interference, especially in light of the president's well-publicized disdain for both CNN and attorney general Jeff Sessions.Still, AT&T and Time Warner executives believed the deal would receive DOJ approval, much like Comcast's acquisition of NBCUniversal did nearly a decade ago. By October, they thought the thumbs-up was right around the corner.They were wrong. In November, the DOJ went to court to block the deal, alleging that the combination of the two companies would give AT&T too much power in the marketplace.That's when questions about Trump's hidden hand really got louder. Democratic lawmakers raised alarms. So did AT&T and Time Warner. Other critics pointed out Trump's complaints about Sessions and the DOJ. Trump had recently been quoted saying "I'm not supposed to be involved in the Justice Department," adding, "I'm not supposed to be doing the kinds of things I would LOVE to be doing, and I'm very frustrated by it."But White House aides like Kellyanne Conway insisted that the White House was not interfering.The DOJ's antitrust chief, Makan Delrahim, said the same thing. He denied being influenced by Trump.In an affidavit, Delrahim said "all of my decisions" about suing to block the deal "have been made on the merits, without regard to political considerations."Ahead of the trial, AT&T and Time Warner sought discovery on any relevant communications between the White House and the Justice Department. But a judge denied the request, and the companies dropped any argument that the case was motivated by politics.The Justice Department and AT&T had no immediate comment Friday night.The-CNN-Wire 4182