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A Trump Organization executive that prosecutors have been trying to flip will testify for a grand jury investigation into the company

donald trump new york
Former U.S. President Donald Trump arrives at Trump Tower in Manhattan on August 22, 2021 in New York City.
  • Matthew Calamari Jr. is slated to testify for a grand jury in the Trump Organization investigation.
  • Manhattan DA prosecutors have sought the cooperation of the company executive.
  • Prosecutors are still in talks over his father, Trump Organization COO Matthew Calamari.
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Matthew Calamari Jr., who serves as the Trump Organization's corporate director of security and is the son of the company's chief operating officer, is expected to testify in front of a grand jury this week as part of the Manhattan District Attorney's investigation into the company's finances.

Calamari Jr. was served a subpoena for his testimony, his attorney told Insider. Prosecutors have long sought the cooperation of Calamari Jr. and his father, Matthew Calamari, who has worked for the Trump Organization for decades. The Wall Street Journal first reported on the subpoena.

"I won't comment on the specifics, but if either of my clients are subpoenaed to testify before the grand jury, they have no choice but to do so, and will appear and testify truthfully," Nicholas Gravante, who represents both Calamaris, told Insider. "As I have said repeatedly, they have done nothing wrong and have nothing to hide."

Jeffrey McConney, the Trump Organization's controller, is also expected to testify in front of the grand jury this week, according to The Journal.

Read more: These 12 lawyers are Trump's chief line of defense as his legal woes keep on mounting

The Manhattan District Attorney's office has been running an investigation into the Trump Organization's finances since 2019. In July, it brought tax-related charges against the former president's company and its chief financial officer, Allen Weisselberg. Weisselberg and attorneys for the Trump organization pleaded not guilty to the charges.

The Journal reported in August that McConney was an anonymous unindicted co-conspirator in the indictment. McConney had already testified before the July indictments and was responsible for preparing the personal tax returns of the elder Matthew Calamari, according to the Journal.

Grand jury rules will allow Calamari Jr. to receive immunity in the probe for testifying and indicates prosecutors won't bring charges against him.

Prosecutors had reportedly been examining whether Matthew Calamari or Matthew Calamari Jr. didn't pay appropriate taxes on corporate benefits like apartments and cars. Gravante told Insider that he's in ongoing discussions with prosecutors over the elder Calamari's taxes.

"The tax treatment for his apartment and car was 100% justified because both were absolutely necessary for his job," he told Insider in an earlier statement. "I don't see how anyone acting in good faith could possibly charge him with a crime. He worked hand in glove with law enforcement day in and day out, 365 days a year. He's a model citizen."

Read more: Meet Donald Trump's next nemeses - The 16 New York prosectors peppering the ex-president with history-making probes

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Devin Nunes’ brother admits he has ‘no idea’ who’s paying for his libel lawsuit against a political journalist, according to a poorly redacted court filing

devin nunes
House Intelligence Committee Ranking Member Devin Nunes in 2019.
  • Rep. Devin Nunes' family members are suing the publisher of Esquire and journalist Ryan Lizza over an article about their farm.
  • In depositions, they said they don't pay their lawyers and have little involvement with the lawsuit.
  • The deposition excerpts, which were sealed, were cited this week in a poorly redacted court filing.
  • See more stories on Insider's business page.

A brother of Republican US Rep. Devin Nunes said he has "no idea" who is funding a lawsuit he filed against political journalist Ryan Lizza, according to a deposition excerpt included in a poorly redacted court filing.

The comment from Anthony Nunes III, the congressman's brother, was included in a legal brief filed in federal court Monday by lawyers representing Lizza and Hearst Magazines. Hearst published an Esquire magazine article by Lizza in 2018 suggesting the Nunes family dairy farm in Iowa employed undocumented immigrants, even as the congressman advocated for restrictive immigration policies.

Insider was able to read redacted testimony from the filing by simply copying and pasting the redactions.

"When asked "[W]ho is funding the lawyers for this lawsuit?", Anthony Nunes III answered "I have no idea," according to a redacted segment.

In other failed redactions, lawyers for Hearst and Lizza wrote that members of the Nunes family paid just $500 to their attorneys for the lawsuit.

"Plaintiffs' apparent lack of investment in prosecuting their own lawsuit was buttressed by their deposition testimony admitting they have not incurred out-of-pocket payments to counsel, with the exception paying $500 to former local counsel Joe Feller," the partially redacted section says.

The lawsuit was filed in January 2020 by the family farm, called NuStar Farms LLC, as well as two members of the Nunes family who manage the farm: Anthony Nunes Jr., the congressman's father, and Anthony Nunes III. Rep. Nunes himself is not a party to the case.

devin nunes
Rep. Devin Nunes.

The plaintiffs accused Lizza and Hearst of defamation, claiming the Esquire article was a "hit piece" designed to undermine the California congressman's political prospects and demanding $25 million in damages.

Lawyers for Hearst and Lizza, who now writes for Politico, asked US District Judge CJ Williams to dismiss the case, arguing the defamation lawsuit was too vague and that the Esquire article was accurate. But Williams, an appointee of former President Donald Trump, allowed parts of an amended version of the lawsuit to proceed in a September 2020 order.

Rep. Nunes and members of his family sat for depositions in the lawsuit in July and August 2021, court filings reviewed by Insider show. Insider was unable to review excerpts from those depositions, which were sealed on the case docket and also filed to court Monday.

Attorneys for Nunes' family, Lizza, and Hearst didn't immediately respond to Insider's requests for comment, nor did a representative for Rep. Nunes.

It's not clear who's paying for the lawsuit

Rep. Nunes has filed multiple lawsuits against media organizations, few of which have been successful.

His lawsuits against The Washington Post, CNN, and The Fresno Bee have been dismissed or suffered setbacks. In 2020, a judge dismissed a lawsuit he filed against Twitter seeking to reveal the identity behind an account that pretended to be a cow that made fun of him.

Monday's filing sought to compel the Nunes family members' attorneys to turn over information about who was funding the lawsuit. Rep. Nunes himself sat for a deposition in the case on August 10. In it, he "regaled about the libel strategy" he and attorney Steven Biss employ in a "nationwide assault on journalists and media organizations," the lawyers say.

"Now my policy is, and I have a new policy, that if you defame or slander me, I take you to court," Nunes said in the deposition, according to an improperly redacted section of the filing.

Devin Nunes
Rep. Devin Nunes.

Hearst and Lizza have suggested that Rep. Nunes is bankrolling the case because he is upset that his own lawsuit over the Esquire article was dismissed. In redacted segments of the brief, the lawyers for Hearst and Lizza say Nunes family members testified that they had little involvement with the lawsuit, and that they haven't paid Biss, who is representing them in the case.

"Plaintiffs admit making no payments to Biss for his services in this lawsuit, and presumably Biss does not work for free," Hearst and Lizza's lawyers write. "This prompts the question of whether Plaintiffs are the real party in interest, particularly if they do not stand to materially benefit from its outcome."

Rep. Nunes' brother even testified he wasn't interested in winning money from the case, the lawyers argue, citing the deposition.

"For instance, Anthony Nunes III testified at his deposition that he is not interested in winning any money in this lawsuit-yet the Complaint seeks, in bold face type, $25 million dollars," they write.

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Several US Capitol Police officers have reportedly been suspended after welcoming pro-Trump rioters into the building. 10 to 15 officers under investigation, lawmaker says.

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A pro-Trump mob is seen after breaching the Capitol building on Wednesday.
  • Several members of the US Capitol Police have been suspended, according to Acting Capitol Police Chief Yogananda D. Pittman.
  • Earlier in the day, Rep. Tim Ryan said two officers had been suspended. One officer took a selfie with an insurrectionist, and the other gave them a tour of the building, Ryan said.
  • Ryan also said there were 10-15 ongoing investigations into officer conduct during the insurrection.
  • Visit Business Insider's homepage for more stories.

Two members of the US Capitol Police have been suspended after welcoming pro-Trump rioters into the Capitol building during the insurrection last Wednesday, Rep. Tim Ryan told reporters Monday.

The Ohio lawmaker said at a press conference that one of the suspended officers took a selfie with a rioter while the other put on a "Make America Great Again" hat and directed insurrectionists through the building.

Ryan also said a third individual has been arrested, but said it was not clear if they were a member of the Capitol Police or National Guard.

Ryan, a member of the Legislative Branch Subcommittee that oversees spending on the Capitol Police force, said there were between 10 and 15 ongoing investigations into officers' conduct.

Representatives for the Capitol Police didn't immediately respond to Insider's request for comment.

Later on Monday, Acting Capitol Police Chief Yogananda D. Pittman issued a statement saying that "several USCP officers have already been suspended pending the outcome of their investigations."

The attack on January 6 was the worst assault on the US Capitol since British forces burned it down in 1814. The rioters sought to stop the certification of Electoral College votes for President-elect Joe Biden at the urging of President Donald Trump, who has encouraged a false conspiracy theory that he was the true winner of the 2020 presidential election.

Five people, including one Capitol Police officer, died following the riot. Lawmakers resumed the vote-counting process later Wednesday and confirmed Biden as the victor, though nearly 150 Republican members of Congress still objected to the process.

Amid the violence, a video circulated on social media showing one officer taking a selfie with an individual entering the Capitol building. Capitol Police have not yet announced his identity.

One of the insurrectionists who entered House Speaker Nancy Pelosi's office told The New York Times he also tried to enter Democratic Senate Minority Leader Chuck Schumer's office. He said when he couldn't find it, he asked one Capitol Police officer, who directed him.

The attack triggered immediate scrutiny of why the Capitol's security forces were not better prepared for the attack, and why it took so long for the National Guard to arrive with backup.

Capitol Police Chief Steven Sund and the Sergeants-at-Arms for the Senate and House of Representatives have all resigned in the aftermath of the attack.

Ryan said Congress would appropriate additional funds to ensure that Biden's inauguration on January 20 would be safe.

He also said Monday that he would vote for a resolution asking Vice President Mike Pence to invoke the 25th Amendment to strip powers from Trump, and would vote to impeach Trump if Pence wouldn't take that step.

Expanded Coverage Module: capitol-siege-module
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Pennsylvania lawyers shredded Rudy Giuliani’s arguments in Trump’s biggest election lawsuit, calling them ‘disgraceful’ and ‘really inventive’

rudy giuliani
Rudy Giuliani at a news conference in the parking lot of a landscaping company on November 7 in Philadelphia.
  • Lawyers representing the Pennsylvania secretary of state's office criticized the Trump campaign's lead lawyer, Rudy Giuliani, in a court hearing on Tuesday.
  • Giuliani asked the judge to toss out nearly 700,000 mail ballots in Pennsylvania and block the state from certifying election results.
  • Mark Aronchick, one of the defense lawyers representing the Pennsylvania secretary of state's office, tore into Giuliani.
  • Aronchick said he was making arguments that were "disgraceful in an American courtroom."
  • Daniel Donovan, another defense lawyer, reminded the judge that despite Giuliani's claims of widespread fraud, the campaign's lawsuit did not make any such allegation.
  • Visit Business Insider's homepage for more stories.

Defense lawyers representing the Pennsylvania secretary of state's office tore into President Donald Trump's lead lawyer, Rudy Giuliani, during a Tuesday hearing in the Trump campaign's biggest lawsuit to date related to the 2020 election results.

Mark Aronchick, one of the defense lawyers, described Giuliani as living in a "fantasy world," called him "really inventive," and said he was making legal arguments that were "disgraceful in an American courtroom."

In the federal lawsuit, Trump's campaign is seeking to block Pennsylvania from certifying its election results and suing seven Democratic counties in the state, alleging unspecified inconsistencies in how different counties counted their ballots. During Tuesday's hearing before Judge Matthew Brann, Giuliani alleged that "big cities controlled by Democrats" were engaged in a vast election-rigging conspiracy that allowed 682,770 ballots to be counted illegally.

Giuliani took over as the main lawyer for the Trump campaign in the case after three other lawyers withdrew as counsel on Monday evening. On Tuesday, Giuliani said he determined that nearly 700,000 mail ballots were fraudulent by adding up ballots that were "cured" — a legal process where voters are allowed to fix technical issues with their ballots like a missing signature after casting them — in counties run by elected Democrats.

He said the ballots should not be counted if they were processed in places where Republican election watchers said they could not sufficiently observe the ballot-counting process. Giuliani said that based on those issues, the entire state's election results should not be certified.

The former New York mayor also said that the state's different rules in different counties violated the equal-protection clause of the Constitution because they diluted the votes of people who live in counties with more restrictive voting rules.

Daniel Donovan, another defense lawyer in the case, pushed back and told the judge that despite Giuliani's claims of "widespread nationwide voter fraud," the Trump campaign's complaint did not include any allegation that a qualified Pennsylvania voter cast more than one ballot, that a voter submitted a mail ballot that was wrongly rejected, that someone ineligible to vote voted, or that voter fraud took place.

He also said the Trump campaign did not have the "standing" to bring the case because it was not directly affected by any of the issues it raised in the lawsuit.

"They are not defendants here," and "they're not voters" in any of the seven counties they alleged fraud in, Donovan said.

He added that the Trump campaign did not have the grounds to bring an equal-protection claim because allegations of state-law violations by state officials or unidentified third parties do not allow for federal constitutional arguments.

"Nothing in the Constitution" suggests "that we can micromanage" election administration to the degree the Trump campaign is trying to, Donovan said.

Aronchick didn't mince words when he spoke after Donovan. He tore into Giuliani, saying he was making unfounded allegations of widespread voter fraud and being prejudice against GOP election observers. He added that the issues "can't be hijacked into an equal-protection case."

"This is just disgraceful," Aronchick said of Giuliani's legal arguments. He also criticized the Trump campaign's claim that Democrats and election officials engaged in election rigging and said election workers who came out during the pandemic to make sure the process went smoothly were "patriots."

Later in the hearing, Donovan emphasized that a judge in a separate Pennsylvania case asked the Trump campaign if it had "any information to suggest that there was fraud in the election" or if it was alleging "that fraud had occurred." The campaign's lawyer denied that, saying, "To my knowledge at present, no."

Before Tuesday's hearing, Trump's legal team drastically scaled back its lawsuit, striking out numerous allegations.

But Giuliani repeatedly referenced those allegations on Tuesday and said parts of the lawsuit were "mistakenly removed." Many of those arguments also appeared in a Pennsylvania state lawsuit that the state Supreme Court rejected earlier Tuesday.

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