Trump's new lawyers move to appeal New York criminal conviction over 'misuse' of law



President Donald Trump secured a new legal team as he moves to appeal the New York criminal conviction where a jury found him guilty of all 34 counts of falsifying business records.

Earlier this month, Judge Juan Merchan sentenced Trump to an "unconditional discharge," meaning the president would not face jail time, fines, or probation supervision. While the sentencing did not interfere with Trump's ability to return to the White House for his second term, it officially solidified his felony convictions and, in doing so, allowed the appeal process to begin.

'The misuse of the criminal law by the Manhattan DA to target President Trump sets a dangerous precedent.'

During his sentencing, Trump called the case a "setback for New York" and its court system.

"It was done to damage my reputation so I would lose the election, and obviously that didn't work," Trump stated.

"I got indicted over calling a legal expense a legal expense," he continued. "I just want to say I think it's an embarrassment to New York."

Trump's new legal team, led by Robert Giuffra with Sullivan & Cromwell, filed a notice to appeal on Tuesday, formally starting the process.

Giuffra and several other Sullivan & Cromwell attorneys — James McDonald, Morgan Ratner, Jeff Wall, and Matthew Schwartz — are expected to submit a legal brief in the coming months to make the case for an appeal of the convictions.

Trump was previously represented by attorneys Todd Blanche and Emil Bove in the New York case that accused him of hiding hush-money payments to adult film actress Stormy Daniels.

Since Trump's November presidential election victory, Bove has become the acting deputy attorney general for the Department of Justice. Trump nominated Blanche as deputy attorney general. He is currently awaiting confirmation.

Giuffra stated, "President Donald J. Trump's appeal is important for the rule of law, New York's reputation as a global business, financial, and legal center, as well as for the presidency and all public officials."

"The misuse of the criminal law by the Manhattan DA to target President Trump sets a dangerous precedent, and we look forward to the case being dismissed on appeal," he continued.

The appeal will first be heard in New York's Appellate Division court and then move to the state's highest court, the State Court of Appeals in Albany.

Manhattan District Attorney Alvin Bragg will have an opportunity to respond to Trump's argument for the appeal.

Bragg's office did not respond to a request for comment from The Hill.

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Special counsel Jack Smith resigns from DOJ — takes one final swipe at Trump



Special counsel Jack Smith resigned from the Department of Justice on January 10, according to court documents.

Smith, who was expected to submit his resignation before Inauguration Day, led two prosecutions against President-elect Donald Trump, neither of which made it to trial. One federal case accused Trump of attempting to overturn the 2020 presidential election and the other accused him of mishandling classified documents. Trump pleaded not guilty to all charges.

'Why would Deranged Jack Smith be allowed to issue a "report" on a complete and total Witch Hunt against me.'

While both cases against the president-elect were ultimately dropped, Trump’s former co-defendants in the classified documents case, longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, remain ongoing.

On his way out the door, Smith took one final swipe at Trump, submitting a two-volume report to Attorney General Merrick Garland detailing his investigations into the president-elect.

Attorneys for Nauta and De Oliveira filed an emergency motion with a United States appeals court to block the DOJ from publicly releasing the report; however, their bid was rejected on Thursday.

The DOJ has stated that it plans to release the first volume of the report, which relates to the alleged election interference case. The second volume, which covers the classified documents investigation, would be made available only to the House and Senate Judiciary Committees at this time, the DOJ said.

Mark Freeman of the DOJ’s Civil Division wrote that Garland would not publicly release the second volume “to avoid any risk of prejudice to defendants Nauta and De Oliveira” while their proceedings remain ongoing.

“This limited disclosure will further the public interest in keeping congressional leadership apprised of a significant matter within the Department while safeguarding defendants’ interests,” Freeman said.

Trump addressed the DOJ’s plan to release the report.

He wrote in a post on Truth Social, “Why would Deranged Jack Smith be allowed to issue a ‘report’ on a complete and total Witch Hunt against me, strictly for political purposes, when he was thrown off the case and ultimately dismissed by the DOJ. Therefore, to put it nicely, he was illegitimately involved in this political persecution, and all of the hundreds of millions of dollars spent by our hapless government were, simply put, wasted! He has already [filed] thousands of rejected statements and documents against me, which were a ‘joke,’ and the public just voted for me, in a landslide, to be their President!”

South Florida U.S. District Judge Aileen Cannon temporarily blocked the DOJ from disclosing the report. Her order expires on Monday evening. Nauta and De Oliveira have asked for an extension of the injunction, but Cannon has not yet ruled on their request as of Monday morning.

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Trump sentenced in New York case just days before his inauguration



Just 10 days before Inauguration Day, Judge Juan Merchan sentenced President-elect Donald Trump on Friday morning in the New York criminal case in which a jury previously found him guilty on all 34 counts of falsifying business records.

Trump received an "unconditional discharge," meaning he will not face jail time, fines, or probation supervision. While the sentencing will not interfere with Trump's ability to return to the White House, it officially solidifies his felony convictions.

'I impose that sentence to cover all 34 counts.'

"As a matter of law, in the criminal law, there is not judgment of conviction until the defendant is sentenced," former assistant U.S. attorney Andy McCarthy explained during a November interview. "So right now, what we have are jury findings of guilty, and Trump has made post-trial motions to get those vacated."

McCarthy stated that prior to sentencing, the judgment of conviction had not yet been entered into court records. Now that the judgment has been documented, Trump can appeal the jury's conviction.

On Tuesday, Trump's attorneys filed an emergency application to the United States Supreme Court requesting that Merchan's scheduled sentencing date be blocked after the judge denied a similar motion from the defense the day prior.

Trump's lawyers, Todd Blanche and Emil Bove, requested that sentencing be postponed while they appealed Merchan's decision to reject a previous motion to dismiss the case.

In a 5-4 vote on Thursday, the Supreme Court rejected Trump's bid to delay.

The justices' ruling read, "First, the alleged evidentiary violations at President-Elect Trump's state-court trial can be addressed in the ordinary course on appeal. Second, the burden that sentencing will impose on the President-Elect's responsibilities is relatively insubstantial in light of the trial court's stated intent to impose a sentence of 'unconditional discharge' after a brief virtual hearing."

Bove and District Attorney Alvin Bragg attended Friday's sentencing in person, while Trump and Blanche tuned in remotely from Mar-a-Lago.

The Washington Post reported that Merchan referred to Trump as "Mr. Trump" instead of "President Trump" during the Friday hearing,

As the proceedings got under way, Bragg's prosecution told Merchan that prosecutors recommended "a sentence of unconditional release."

Prosecutor Joshua Steinglass said, "The verdict was delivered by a jury that was carefully chosen."

He called the jury's decision "unanimous" despite Merchan allowing jurors to disagree on the "unlawful means," or which crime among three options was committed.

Steinglass accused Trump of being "unrelenting in his unsubstantiated attacks" against the court, judge, and prosecutors. He claimed Trump has used "dangerous" rhetoric and shown a lack of remorse.

Trump spoke during his sentencing hearing, calling the case a "setback for New York" and its court system.

"It was done to damage my reputation so I would lose the election, and obviously that didn't work," he declared.

"I got indicted over calling a legal expense a legal expense," Trump continued. "I just want to say I think it's an embarrassment to New York."

Following Trump's statements, Merchan delivered the sentence.

"Never before has this court been presented with such a unique and remarkable set of circumstances," Merchan stated.

"At this time, I impose that sentence to cover all 34 counts," he said, sentencing Trump to unconditional discharge. "Sir, I wish you Godspeed as you pursue your second term in office."

During the hearing, Blanche stated that the defense plans to appeal.

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Judge stalls release of Jack Smith's report on federal cases against Trump



United States District Court Judge Aileen Cannon issued an order Tuesday temporarily blocking the release of special counsel Jack Smith's report on the two now-dismissed federal cases against President-elect Donald Trump.

Cannon previously oversaw one of the cases against Trump, which accused him of mishandling classified documents. In the summer, Cannon dismissed the indictment against the president-elect, ruling that Smith was unconstitutionally appointed to the special counsel position.

'TEMPORARILY ENJOINED.'

However, Cannon's dismissal did not apply to Trump's co-defendants, longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, who each face several criminal charges. The Biden administration's Department of Justice has continued to pursue the case against Nauta and De Oliveira.

Smith has called Cannon's ruling to dismiss the case against Trump over his appointment a "flawed analysis."

He claimed, "The Supreme Court held more than 50 years ago that Congress vested the Attorney General with the power to appoint special prosecutors like the Special Counsel."

In a previous court filing, he noted that the indictments against Nauta and De Oliveira would proceed because "no principle of temporary immunity applies to them."

Prosecutors stated that Smith's two-volume report could be released as early as Friday, awaiting Attorney General Merrick Garland's decision.

Smith's report details his investigation into Trump's alleged mishandling of classified documents and alleged attempt to overturn the 2020 presidential election. Trump pleaded not guilty to all charges, and both cases against him were dismissed.

Attorneys for Nauta and De Oliveira previously filed a motion to stop the release of the special counsel's report. Their attorneys also filed a similar emergency motion with the appeals court.

Cannon's decision prevents the report's release until three days after the appeals court rules on the issue.

"Pending resolution of the Emergency Motion filed in the Eleventh Circuit and/or any further direction from the Eleventh Circuit, Attorney General Garland, the Department of Justice, Special Counsel Smith, all of their officers, agents, and employees, and all persons acting in active concert or participation with such individuals ... are TEMPORARILY ENJOINED from ... releasing, distributing, conveying, or sharing with anyone outside the Department of Justice any information or conclusions in the Final Report or in drafts thereof," Cannon wrote.

Smith's investigations into Trump and his allies have reportedly cost taxpayers at least $50 million. Trump has pledged to fire Smith "within two seconds" of retaking office if he does not retire before then.

In November, a spokesperson for the special counsel's office told the New York Post that its duties and ongoing matters can be transferred to "other components of the Department of Justice and the FBI."

The DOJ and the special counsel's office declined to comment, CBS News reported.

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Judge refuses to postpone Trump's sentencing in New York case



Judge Juan Merchan rejected President-elect Donald Trump's motion to delay sentencing in the New York criminal case where he was found guilty on all 34 counts of falsifying business records.

Merchan wrote on Monday, "Defendant's motion for a stay of these proceedings, including the sentencing hearing scheduled for January 10, 2025, is hereby DENIED."

'Trump's legal team moved to stop the unlawful sentencing.'

The judge announced the date late last week, stating that sentencing Trump after completing his second term would be "less desirable than imposing sentence prior to January 20, 2025."

Trump was initially slated to face sentencing in July, but the date was repeatedly delayed due to the Supreme Court's ruling on presidential immunity and Trump's November election win.

On Monday, Trump's attorneys, Todd Blanche and Emil Bove, filed a motion to delay the sentencing date, arguing that they planned to appeal Merchan's decision to reject their request to dismiss the case.

Manhattan District Attorney Alvin Bragg's office asked Merchan to reject Trump's request to delay sentencing.

Merchan wrote in his rejection, "This Court has considered Defendant's arguments in support of his motion and finds that they are for the most part, a repetition of the arguments he has raised numerous times in the past."

The judge indicated that Trump would not face jail time and would instead receive an "unconditional discharge" sentence.

Incoming White House communications director Steven Cheung told Fox Digital, "Today, President Trump's legal team moved to stop the unlawful sentencing in the Manhattan D.A.'s witch hunt. The Supreme Court's historic decision on immunity, the state constitution of New York, and other established legal precedent mandate that this meritless hoax be immediately dismissed."

"The American People elected President Trump with an overwhelming mandate that demands an immediate end to the political weaponization of our justice system and all of the remaining witch hunts. We look forward to uniting our country in the new administration as President Trump makes America great again," Cheung added.

Trump addressed the New York case in a post on social media over the weekend.

"Ultimately, the Biden/Harris DOJ forced Bragg to concoct anything to embarrass TRUMP. But it was even more so what the CORRUPT and TOTALLY CONFLICTED POLITICAL HACK Judge did, and is doing, on this sham trial. I even have, STILL, an Unconstitutional Gag Order where I am not allowed to speak about the Judge's highly disqualifying Conflicts of Interest," Trump wrote.

"Virtually [every] legal scholar and pundit says THERE IS NO (ZERO!) CASE AGAINST ME," he continued. "The Judge fabricated the facts, and the law, no different than the other New York Judicial and Prosecutorial Witch Hunts. That's why businesses are fleeing New York, taking with them millions of jobs, and BILLIONS OF DOLLARS IN TAXES. The legal system is broken, and businesses can't take a chance in getting caught up in this quicksand. IT'S ALL RIGGED, in this case against a political opponent, ME!!!"

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Judge accuses Trump's DOJ picks of 'dangerous' and 'chilling' rhetoric in New York case



Judge Juan Merchan accused two of President-elect Donald Trump's picks for the Department of Justice of engaging in "dangerous" and "chilling" rhetoric in the New York criminal case.

Trump was represented by attorneys Todd Blanche and Emil Bove in the case where he was found guilty on all 34 counts of falsifying business records.

'President Trump will continue fighting against these hoaxes until they are all dead.'

In November, Trump nominated Blanche as his incoming deputy attorney general and Bove as his principal associate deputy attorney general.

Merchan issued a Friday ruling announcing that Trump would face sentencing on January 10, just days before his inauguration. The sentencing date was initially scheduled for last July but was repeatedly delayed due to the Supreme Court's ruling on presidential immunity and Trump's November election victory.

Manhattan District Attorney Alvin Bragg's office requested that the case be put on ice until after the completion of Trump's presidency.

Merchan stated in his Friday decision that sentencing Trump after his term would be "less desirable than imposing sentence prior to January 20, 2025."

"The reasons are obvious. However, if the Court is unable to impose sentence before Defendant takes his oath of office, then this may become the only viable option," Merchan wrote.

He indicated that Trump is unlikely to face jail time or other legal consequences in the case.

The judge accused the defense team of coming "dangerously close to crossing the line of zealous representation and the professional advocacy one would expect from members of the bar."

"Now, however, counsel has resorted to language, indeed rhetoric, that has no place in legal pleadings," he continued.

Merchan cited the defense's attempts to dismiss the case by accusing Bragg's prosecution and the court of "engaging in 'unlawful' and 'unconstitutional' conduct."

"Those words, by definition, mean 'criminally punishable,'" Merchan wrote.

He argued that such terms "have the potential to create a chilling effect on the Third Branch of government."

"Dangerous rhetoric is not a welcome form of argument and will have no impact on how the Court renders this or any other Decision," Merchan declared.

In response to Merchan's ruling, White House communications director nominee Steven Cheung stated, "Today's order by the deeply conflicted, Acting Justice Merchan in the Manhattan DA Witch Hunt is a direct violation of the Supreme Court's Immunity decision and other longstanding jurisprudence."

"This lawless case should have never been brought, and the Constitution demands that it be immediately dismissed," Cheung continued. "President Trump must be allowed to continue the Presidential Transition process and to execute the vital duties of the presidency, unobstructed by the remains of this or any remnants of the Witch Hunts. There should be no sentencing, and President Trump will continue fighting against these hoaxes until they are all dead."

On Monday, Blanche and Bove responded to Merchan's ruling by requesting the court delay the January 10 sentencing date, Reuters reported.

According to a court filing, the defense team stated they plan to appeal the judge's decision to reject Trump's request to dismiss the case.

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Georgia AG pushes state Supreme Court to uphold Fani Willis' removal from Trump case



Georgia Attorney General Chris Carr (R) urged the state Supreme Court on Monday to uphold a court of appeals decision to remove Fulton County District Attorney Fani Willis from the case against President-elect Donald Trump.

The state-level indictment accused Trump of attempting to overturn the 2020 presidential election.

'Our Attorney General was missing in action.'

Willis was disqualified after she was caught having an affair with special prosecutor Nathan Wade, whom she hired onto the case.

While Wade later stepped down, the appeals court contended that his doing so did not settle the "appearance of impropriety."

"After carefully considering the trial court's findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office," the appeals court ruled.

Willis has pledged to appeal the decision.

On Monday, Carr stated, "The Georgia Court of Appeals has ruled that the Fulton County DA created her own conflict and rightfully removed her from the case against President-elect Trump."

"'Lawfare' has become far too common in American politics, and it must end," he continued. "As such, I would encourage the Georgia Supreme Court to not take her appeal."

"It's our hope that the DA will now focus taxpayer resources on the successful prosecution of violent criminals in Fulton County," Carr added.

Willis responded to Carr's statement, claiming he was a "witness in the case he is trying to influence," the Atlanta Journal-Constitution reported.

She further accused Carr, who is running for governor, of playing politics.

"If Mr. Carr cannot separate his ambition to become Governor from his duties as Attorney General," Willis said, "he should resign and focus on being a full-time candidate rather than serving as a constitutional officer sworn to uphold the Constitutions and laws of the United States and Georgia."

Lt. Gov. Burt Jones (R) also responded to Carr's statement, accusing him of being silent on the Georgia case against Trump for too long.

Jones wrote in a post on X, "I have said for years that Fani Willis orchestrated a political charade against President Trump. When he had opportunities to lead, our Attorney General was missing in action. Where he failed, the Georgia Senate won't. We look forward to holding her accountable at a future hearing."

Willis may be forced to testify before the state Senate for her alleged misconduct in the case.

Last week, Fulton County Superior Court Judge Shukura Ingram filed an order ruling that the state Senate can subpoena Willis.

Willis' lawyer, former Georgia Gov. Roy Barnes (D), called Ingram's decision "wrong" and noted their plans to appeal.

Defense attorney Ashleigh Merchant, who represented Trump co-defendant Mike Roman and brought the initial motion to recuse Willis from the case, believes that Trump's Department of Justice will open an investigation into Willis' conduct.

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Fani Willis may have to testify before Georgia Senate for alleged misconduct in Trump case



Fulton County District Attorney Fani Willis may still have to answer for her alleged misconduct in the Georgia case against President-elect Donald Trump.

Last week, Willis was disqualified from the case that accused Trump of attempting to overturn the 2020 presidential election. The court decided to remove Willis from the case, citing an "appearance of impropriety" due to her affair with special prosecutor Nathan Wade.

'We believe the ruling is wrong and will appeal.'

Wade, hired by Willis, stepped down from the case after the affair was exposed.

"After carefully considering the trial court's findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office," the appeals court determined.

Willis intends to appeal the court's decision.

In August, a Republican-led Georgia Senate committee subpoenaed Willis, seeking her testimony as part of its investigation into her alleged misconduct.

However, Willis' attorney, former Georgia Gov. Roy Barnes (D), contended that the Senate committee lacked the authority to compel her testimony. He further claimed that the subpoenas were overly broad and unrelated to legislative needs.

Fulton County Superior Court Judge Shukura Ingram filed an order Monday ruling that the state Senate can subpoena Willis. Additionally, Willis was instructed that if she would like to submit arguments against the subpoenas, she must wait to do so until January 13.

Barnes told the Associated Press, "We believe the ruling is wrong and will appeal."

Georgia's current legislative term is slated to end on January 13, effectively terminating the Senate committee currently investigating Willis. However, Sen. Greg Dolezal (R) stated he will file legislation to reopen the committee for the 2025 session.

"We'll see you soon, Madam D.A.," Dolezal wrote in a post on X.

Georgia Lieutenant Governor Burt Jones (R) stated, "The Senate will not back down in its fight for accountability of taxpayer dollars."

"The Senate will continue to fight for transparency and accountability," Jones continued. "DA Willis's refusal to come before the committee is unacceptable and addressing these issues to require accountability will be a priority for the Senate."

State Senator Bill Cowsert (R) said, “Our hearings have revealed serious prosecutorial misconduct, and legislative remedies are needed. I look forward to finishing our investigation and passing legislation that restores confidence in the criminal justice system.”

Defense attorney Ashleigh Merchant, who represented Trump co-defendant Mike Roman and brought the initial motion to recuse Willis, predicted that Willis will likely face a Department of Justice investigation for her actions.

"I would be shocked if she wasn't investigated by the new Justice Department," Merchant told the Daily Caller News Foundation.

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Fani Willis' conduct could trigger DOJ probe, says attorney behind recusal



Defense attorney Ashleigh Merchant predicts that Fulton County District Attorney Fani Willis will continue to face consequences following her disqualification from the Georgia case against President-elect Donald Trump.

Merchant, who represented Trump co-defendant Mike Roman and brought the initial motion to recuse Willis, said she expects the incoming administration's Department of Justice to open an investigation into the DA.

'They fought every single step we took.'

Merchant filed a motion in January to dismiss and disqualify Willis over her affair with the special prosecutor in the case, Nathan Wade.

The motion accused Willis of having "an improper, clandestine personal relationship during the pendency of this case, which has resulted in the special prosecutor, and, in turn, the district attorney, profiting significantly from this prosecution at the expense of the taxpayers."

Fulton County Superior Court Judge Scott McAfee previously determined that the affair created an "appearance of impropriety," forcing Wade to resign.

On Thursday, an appeals court found that Wade stepping down from the case failed to "address the appearance of impropriety."

As a result, the court disqualified Willis but upheld the indictment against Trump and his co-defendants.

"It's kind of like Christmas came early," Merchant told the Daily Caller News Foundation. "We had to fight for a hearing. We had to fight for subpoenas. We had to fight for evidence. We had to fight to call witnesses."

"I mean, they fought every single step we took," she added.

Merchant told the news outlet that she anticipates Trump's DOJ will probe Willis over her conduct.

"I would be shocked if she wasn't investigated by the new Justice Department," she said.

The court's decision to uphold the charges means the case could be tried in another county.

However, former President George W. Bush Justice Department official John Yoo told Fox News that this is unlikely to happen and predicted the case would be dismissed or suspended.

"There's such an appearance of impropriety, an appearance of a conflict of interest that Fani Willis should not be the prosecutor," Yoo said. "I think this spells yet another case that's going to have to either be suspended or, more likely, just ended and tossed out. It's hard for me to see another Georgia district attorney wanting to take up this flawed case and try to prosecute Trump on these theories that his re-election campaign was some kind of criminal organized crime enterprise."

MSNBC legal analyst Barbara McQuade similarly predicted the case would be dismissed, calling Willis' disqualification "a terrible blow to the prosecution."

McQuade stated that she expects Willis will try to appeal her recusal to the Georgia Supreme Court.

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Fani Willis removed from Trump’s Georgia case



Fulton County District Attorney Fani Willis was disqualified from the Georgia case that accused President-elect Donald Trump of attempting to overturn the 2020 presidential election.

On Thursday, Willis was removed from the case due to her affair with special prosecutor Nathan Wade, who has since stepped down. The decision overturned a lower court’s ruling to allow Willis to remain on the case.

'Did nothing to address the appearance of impropriety.'

“After carefully considering the trial court’s findings in its order, we conclude that it erred by failing to disqualify DA Willis and her office,” the appeals court wrote.

Fulton County Superior Court Judge Scott McAfee previously determined that there was an “appearance of impropriety” due to Willis’ affair. McAfee’s decision prompted Wade to resign.

However, the appeals court stated, “The remedy crafted by the trial court to prevent an ongoing appearance of impropriety did nothing to address the appearance of impropriety that existed at times when DA Willis was exercising her broad pretrial discretion about who to prosecute and what charges to bring.”

“While we recognize that an appearance of impropriety generally is not enough to support disqualification, this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings,” it added.

While Willis was removed, the appeals court upheld the indictment against Trump and his co-defendants, allowing the case to proceed in a different county for prosecution.

The court unexpectedly canceled a December 5 pretrial hearing to decide whether to remove Willis from the case. At the time, some speculated this move suggested a decision to remove Willis without an oral hearing, and that speculation has proven accurate.

Trump’s team and the district attorney’s office did not immediately respond to a request for comment from NBC News.

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