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Conservative Group Files Lawsuit Over Withheld Trump Case Records

 August 14, 2024

A conservative organization, America First Legal (AFL), has filed a lawsuit against the Manhattan District Attorney’s office, led by Alvin Bragg, accusing the office of unlawfully withholding records related to the felony hush money case against former President Donald Trump.

The lawsuit against Bragg's team alleges that the district attorney’s office has repeatedly denied AFL’s requests for transparency, specifically regarding internal and external communications about the case, as the Washington Examiner reports.

The lawsuit seeks to compel the release of communications between Bragg’s office, the Biden administration, and other involved parties, as well as to justify any withheld documents in detail.

AFL's Investigation and FOIL Requests

AFL’s legal action stems from months of frustration over denied Freedom of Information Law (FOIL) requests. The group began its investigation in March 2023, focusing on obtaining records of internal communications within the Manhattan District Attorney’s office regarding the case against Trump. These records included interactions with notable figures like Lanny Davis, who previously advised former Manhattan District Attorney Cyrus Vance Jr. to interview Michael Cohen, a key witness in the case.

Despite AFL’s persistence, the district attorney’s office released only a single-page document in response to the FOIL requests. The office cited several exemptions, including grand jury secrecy and attorney work product protections, to justify the minimal disclosure. AFL, however, contends that these exemptions were improperly invoked to avoid transparency.

Allegations of Unlawful Withholding of Records

The lawsuit filed on Tuesday claims that Bragg’s office has been illegally withholding records crucial to understanding the full scope of the prosecution against Trump. According to AFL, the district attorney’s office has failed to provide a thorough search for the requested documents and has not adequately justified the exemptions used to withhold information.

AFL’s requests for records also sought communications between Bragg’s office and the Free and Fair Litigation Group, another party involved in the case. The group argues that the district attorney’s office has been overly broad in its denials, deeming the requests as burdensome without conducting a proper search.

Lanny Davis’s Role in the Trump Case

Davis, a prominent attorney, played a significant role in advising the Manhattan District Attorney’s office during Cyrus Vance Jr.’s tenure. Davis urged Vance to interview Michael Cohen, Trump’s former attorney, regarding potential financial fraud. However, Vance ultimately decided not to pursue an indictment against Trump, allegedly at the request of the Southern District of New York.

When Alvin Bragg assumed office in 2022, the case against Trump was revived, with Michael Cohen becoming the star witness. This decision led to a trial in which a jury found Trump guilty on all 34 felony counts related to falsifying business records.

AFL's Criticism of Lack of Transparency

Daniel Epstein, Vice President of AFL, has been vocal about the lack of transparency in Bragg’s office. “There should be nothing to hide,” Epstein stated, emphasizing the group’s belief that the district attorney’s office is unjustly withholding information that should be made public.

AFL’s frustration has grown as the district attorney’s office has continued to deny their FOIL requests. The group argues that the exemptions cited by Bragg’s office, such as grand jury secrecy and attorney work product protections, do not fully justify the refusal to release the requested documents.

Legal Battle Over FOIL Requests

The lawsuit filed by AFL seeks a court order to compel the Manhattan District Attorney’s office to release the requested records. The group is asking the court to mandate a more thorough search for the documents and to provide detailed justifications for any withholdings.

In addition to the lawsuit, AFL has raised concerns about the district attorney’s office’s handling of the FOIL requests, claiming that the denials were overly broad and not in line with the spirit of transparency that FOIL is intended to promote.

Trump's Legal Battle and Sentencing

The trial against former President Trump, which concluded with his conviction on 34 felony counts, has been a significant point of contention. Trump is scheduled to be sentenced on Sept. 18, and Judge Juan Merchan is currently considering whether the Supreme Court’s presidential immunity decision will impact the case.

The AFL’s lawsuit adds another layer of complexity to the ongoing legal battles surrounding Trump, as the group seeks to uncover the communications and decisions that led to the revival of the case against him.

Conclusion

America First Legal’s lawsuit against the Manhattan District Attorney’s office highlights ongoing concerns about transparency and accountability in the prosecution of former President Donald Trump.

The group’s legal action is focused on compelling the release of records that it believes are being unjustly withheld, and it challenges the broad exemptions used by the district attorney’s office to deny their FOIL requests.

As Trump’s sentencing approaches, the outcome of this lawsuit could shed light on the internal communications and decisions that played a role in the case against him.