#Trump Indictment III - Jack Smith: Return of the Fed-Guy

335 messages · Page 1 of 1 (latest)

potent abyss
potent abyss
weak stone
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Indicted 3: Oh Hell No!

nimble goblet
nimble goblet
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For future reference.

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@potent abyss 45 Page Indictment for the 45th President cool

nimble goblet
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And it’s over, short and sweet, not taking questions of course.

rotund copper
hearty pasture
calm slate
potent abyss
rotund copper
potent abyss
hearty pasture
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Damn, I was stuck on #5.

calm slate
potent abyss
#

Better get to work on my title for the Georgia indictment

calm slate
worn moth
potent abyss
worn moth
weak stone
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Mine was a reference to Sharknado, which honestly suits better this whole debacle 😅

potent abyss
potent abyss
worn moth
potent abyss
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Trump Indictment III - NYT Gonna Need A Bigger Font was my best

weak stone
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Trump Indictment: Third's the Charm

rotund copper
potent abyss
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Trump Indictment III - Jack Smith: Return of the Fed-Guy

potent abyss
hearty pasture
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Boom! Lock that in.

nimble goblet
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The fourth indictment will be in Georgia

neon sierra
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God it's so hard to keep track of all of the Trump legal news. Is there a calendar of all his trials and court hearings somewhere?

nimble goblet
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How about Georgia related indictment puns.

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Trump Indictment IV - The Devil Comes North to Georgia.

neon sierra
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I feel like I need a spreadsheet just to keep all of his legal drama straight

hearty pasture
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I need more red string. 😉

nimble goblet
calm slate
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Trump Indictment IV: He Gets His Phones Tapped Down In Georgia

neon sierra
nimble goblet
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March 25th 2024 - New York (city) hush money trial start date
May 20th 2024 - Florida (federal) classified documents trial start date
? - D.C. (federal) January 6th indictment
? - Possible Georgia (state) indictment

worldly cradle
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Georgia is expected this month iirc, they are setting up fences and such rn

calm slate
nimble goblet
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If I recall, he doesn't even have to turn up to the NYC one.

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Not sure about the others.

calm slate
worldly cradle
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Not to derail the thread but may as well post this https://thehill.com/regulation/court-battles/4131756-fulton-county-sheriff-says-threats-have-been-made-against-himself-district-attorney-leading-up-to-potential-trump-indictment/

The Hill
lsforza
Fulton County sheriff says threats have been made against himself, ...

The Fulton County sheriff said Tuesday that threats have been made against himself and District Attorney Fani Willis (D) ahead of potential indictments over the investigation into former …

nimble goblet
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One would assume his defence plan is to just be elected again and be able to tell the courts to go and do one.

calm slate
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Yep, i think procedurally he’ll have to be there for a few key moments. Its up to the judge. Not sure a judge would allow it in most cases. He raises a lot of money from rubes for these moments so who knows. 🤷‍♂️

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I wonder if Ginni Thomas is sweating right now. 🤔

worldly cradle
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Fox News, atleast on the Ingram hour, is going with the "free speech has been criminalized" and "Joe and Hunter Biden are the real criminals" angles

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I can send screen caps later when I get my laptop, some of the chyrons are very funny in that they are more Twitter cope updates. Current one is "Follow the money on Biden family corruption"

late cipher
nimble goblet
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This part on page 36 is wild.

late cipher
worldly cradle
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Well, they had good reason to worry about pence's safety

stable ermine
calm slate
maiden nebula
calm slate
calm slate
sleek spear
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I remember there was an episode of "Freaks and Geeks" where Ben Stiller played the vice president's security detail, and he was having a midlife crisis because "no one's ever tried to kill the vice president"

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I think of that whenever I read about Pence on 1/6

calm slate
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Ha! I love that show. I forgot about that part.

rotund copper
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Future proves past

20230801_203353.jpg
vocal token
potent abyss
brittle olive
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plugging my favorite, time-tested Trump crystal ball reader again. great thread on Jack Smith's meta-strategy https://twitter.com/tomiahonen/status/1682736116296822784

Tomi T Ahonen Solemnly Celebrates Arrestmas, Bigly (@tomiahonen)

Jack Smith Carpet Bombing Thread/1

I think I can see how Jack Smith plans to run the prosecution of Trump. I all this his carpet bombing strategy. Let me explain

In Jack Smith 1, Espionage, Florida federal - he only charged 2 people, Walt Nauta & Trump BUT foretold of more

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potent abyss
mild heart
calm slate
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A disturbingly large number of flag officers are sympathetic to Trump.

calm slate
brittle olive
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lol. it's for real but he has an insane sense of humor. he's a retired telecomms lawyer who apparently drinks whiskey, reads trump's legal documents and tweets

calm slate
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Weird. It seems like a Brian and Ed Krassensteins/MuellerSheWrote/etc level klout seeking account.

IMG_8537.png
brittle olive
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yeah he makes outlandish claims and tweets a lot. I wouldn't bet on his speculation but I enjoy reading him to get a comical, blistering take on the latest Trump legal events

tired jasper
hazy rapids
cunning pewter
tired jasper
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the mandatory

vocal token
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false alarm, no?

weak stone
weak stone
nimble goblet
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https://vxtwitter.com/Acyn/status/1687252655184265217

vxTwitter
McCarthy: I can say the same thing that Hillary Clinton says about her election that she lost. I can say the same thing about the DNC who said it about the 2016 race. But were any of them prosecuted? Were any of … 💖 125
Acyn (@Acyn)

McCarthy: I can say the same thing that Hillary Clinton says about her election that she lost. I can say the same thing about the DNC who said it about the 2016 race. But were any of them prosecuted? Were any of …

💖 125

▶ Play video
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Man, 0 to 100 kmh in 25 seconds.

weak stone
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Whataboutism

calm slate
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McCarthy is a big fan of Stalin’s favorite technique. Tu quoquo

calm slate
tired jasper
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Another myth you may encounter: "they have to prove Trump believed he lost". Based on Ken White's podcast, because the prosecution is mainly for defrauding the United States, the bar is lower, essentially "he did not actually 'know' he won in the way he represented to the Senate with the false electors etc".

You could compare the crime to selling a shiny piece of brass you found on the street as gold and even paying a bunch of people to sign fake certificates of it being chemically tested gold (the fake elector scheme). When behind the scenes everyone around you (including jewelry experts you have relied upon before) told you it isn't gold and that you shouldn't be selling it as gold. In this case the prosecutor doesn't have to show that you believed it was brass, only that you didn't actually have the claimed certainty of the material and defrauded people, in part by making false statements and forging documents saying it is certainly gold.

worldly cradle
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which gets funny with the statements he is recorded making, on a fox segment tonight they had to dismiss Trump telling Pence he was "too honest" as Trump being loose with words. Because we all tell people they are being too honest when we are doing things totally legit in our minds.

fading harbor
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you know amongst this entire indictment

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I'm surprised they don't even indicate Roman as a co-defendent

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He's the one responsible for the "ballot stuffing" video and a host of other disinformation based content

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You could make a really strong case adding him in considering he was up to a bunch of really shady stuff that we really only see in malign influence campaigns.

nimble goblet
uncut forge
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jup

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pack it in, technicality

calm slate
#

I mean with a fatal flaw like that Trump won't even have to pull out the reverse Uno card in court and say "No, You!".

fading harbor
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as funny as this is, with how serious this might proceed, small things like that may actually present an issue

tired jasper
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Well this one is literally just taking literally an extremely common figure of speech. No judge in USA is going to take an issue with that.

calm slate
calm slate
potent abyss
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Have you seen the filing floating around - a link and not just a screenshot?

worn moth
potent abyss
fading harbor
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Judge will see past it yh

uncut forge
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Can't readily find a link to the filing atm, but brain no works properly

nimble goblet
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https://youtube.com/watch?v=SbIhNmoZLJQ&feature=sharec

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LegalEagle
The Insane Trumpsurrection Indictment in DC

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worldly cradle
potent abyss
#

Trump is such a dork with his specialized nicknames

nimble goblet
potent abyss
nimble goblet
calm slate
calm slate
# calm slate Judge Cannon’s latest ruling. Trump Document Trial. https://storage.courtlistene...

This ruling shows Judge Cannons inexperience and favor towards Trump. She’s demanding the prosecution state why its using an out of district grand jury. Trump and his confederates have been explicit about exposing identities of the grand juries members. Judge Cannon is trying to help him in that regard. Smith and crew seem to respond to this stuff quickly. Only took three hours to ask the Judge in the Coup Indictment to push back on his call to action against Smith and co.

calm slate
#

This part is interesting of the Special Counsel's latest "The district court also found reason to believe that the former
President would "flee from prosecution." J.A. 1. The government
later acknowledged, however, that it had "errantly included flight
from prosecution as a predicate" in its application. J.A. 281 n.1. The
district court did not rely on risk of flight in its ultimate analysis." on page 5. https://storage.courtlistener.com/recap/gov.uscourts.cadc.39513/gov.uscourts.cadc.39513.1208541751.0.pdf

uncut forge
calm slate
tribal urchin
# calm slate https://www.documentcloud.org/documents/23904723-doj-proposal-for-trump-trial-da...

I think the timeline of this is going to be interesting. Jack Smith (prosecutor) said of the January 2 date request, "would vindicate the public's strong interest in a speedy trial"[1]. That "speedy trial" language invokes the Sixth Amendment of the US Constitution[2]. However, it's really important to note: the public gets no right to a "speedy trial" under the US Constitution - that right belongs to "the accused". If the accused says they need more time to evaluate the charges and evidence and mount a defense, there's no constitutional argument that I'm aware of which would argue that it needs to be faster.
1 - https://www.axios.com/2023/08/10/trump-trial-date-2020-election-fraud
2 - https://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution

calm slate
# tribal urchin I think the timeline of this is going to be interesting. Jack Smith (prosecutor...

https://www.congress.gov/bill/96th-congress/senate-bill/961#:~:text=Speedy Trial Act Amendments Act of 1979 - Amends the Speedy,require commencement of trial within Speedy Trial Act of 1974. It’s really up to Judge Churkan. The People have an overwhelming interest in a a resolution to these crimes. He can appeal the Judges decisions all he wants. It’s just going to put the higher courts on notice and if they rule in his favor for delay the outrage is going to activate a democratic backlash at the ballot box.

S.961 - 96th Congress (1979-1980): Speedy Trial Act Amendments Act ...

Summary of S.961 - 96th Congress (1979-1980): Speedy Trial Act Amendments Act of 1979

cunning pewter
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Before I retire, looks like things are happening for a change! r/t ehiggins https://twitter.com/hugolowell/status/1691645991483498797

Hugo Lowell (@hugolowell)

Special Counsel search warrant to Twitter demanded info on Trump’s account, among other things:
— Devices used to login to the account
— IP addresses used to login to the account
— Messages sent/received Oct. 2020-Jan. 2021

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uncut forge
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that's a lot of info I surely wish Twitter wouldn't keep if I used it actively

potent abyss
uncut forge
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Hmm, giving false statements to a jury is probably not a good thing

nimble goblet
#

Federal election interference trial will begin on the 4th of March 2024.

calm slate
#

Especially if the Georgia (USA) case starts in October in the 23rd.

nimble goblet
calm slate
# nimble goblet The prosecutors in Georgia have asked for it to also start on March 4th.

Oh I must be behind. I was basing that off the Reuters reporting from the 24th a few days ago. https://www.reuters.com/legal/georgia-prosecutor-wants-october-start-trump-election-trial-filing-2023-08-24/

Reuters
Georgia prosecutor wants October start for Trump election trial -fi...

The Fulton County, Georgia prosecutor pursuing election subversion charges against Donald Trump has proposed an Oct. 23, 2023 start for a trial against the former U.S. president and his 18 co-defendants, a court filing showed on Thursday.

nimble goblet
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Prior to Trump and his co-defendants’ surrender last week, Willis initially proposed a March 4 trial date preceded by arraignments the week of Sept. 5.

“In light of Defendant Donald John Trump’s other criminal and civil matters pending in the courts of our sister sovereigns, the State of Georgia proposes certain deadlines that do not conflict with these other courts’ already-scheduled hearings and trial dates,” Willis wrote in a court filing this month

nimble goblet
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Don’t do (multi-jurisdictional) crime, if you don’t want to do the (juggle multiple court cases) time.

calm slate
#

I’ll dig through the DA filings in the court records. My impression she and the Fulton team was ready to go. The case is straightforward too. If any the defense wants it pushed back. Some of the indictees I believe are still in detention as far as I know not having posted bail.

nimble goblet
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I believe one of them yea, Harrison Floyd.

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Apparently Chesebro’s trial is set for October 23rd.

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A trial date for one of Trump’s co-defendants in the Georgia election interference case, lawyer Kenneth Chesebro, has been set for October 23, 2023 after Chesebro asked for the process to be expedited

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To be fair, it may not be as colossally impractical as it sounds. With all these cases, purely from a security shitshow standpoint, they are probably going to be happy that he turns up as little as possible/perhaps appears through video link.

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If he doesn’t have to appear for most of the hearings, and it’s just his various teams of lawyers, even if they end up overlapping, it may not really matter in terms of the practicality of campaigning.

nimble goblet
#

https://youtube.com/watch?v=P6VMe0Y1K4g

YouTube
LegalEagle
When Elon Musk Fought Jack Smith's Search Warrant for Donald Trump

Elon v. Smith v. Trump 🪒🪒🪒 Get 100 free blades with your purchase of a Henson Shaving razor with code LEGALEAGLE: https://legaleagle.link/Henson ⚖️⚖️⚖️ Do you need a great lawyer? I can help! https://legaleagle.link/eagleteam

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nimble goblet
#

Documents 40 to 46 are just randos trying to intervene in the case.

nimble goblet
calm slate
calm slate
#

🔴 Judge Rao (50), Scientologist, Clarence Thomas Clerk, FedSoc Trump Appointee, abhorrent writing and rulings. 🔴 Judge Katsos (59), FedSoc, Trump Appointee, former WH Counsel to Trump, big fan of child torture.
🔴Judge Karen L Henderson, FedSoc, probably the worst of all….and the other two judges are terrible (79 yo) https://en.m.wikipedia.org/wiki/Karen_L._Henderson

Karen L. Henderson

Karen LeCraft Henderson (born July 11, 1944) is a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit and a former United States District Judge of the United States District Court for the District of South Carolina.

stable ermine
calm slate
#

It’s unclear. It appears she is both Zoroastrian and converted to Scientology.

#

Tl:dr these are three incredibly compromised judges with massive conflicts of interest in thrall to Donald Trump who all hold deeply reactionary and disturbing rulings on many cases involving Trump and his confederates.

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They all have deep ties to Peter Rutledge, Leonard Leo, and Mark Paoletta and FedSoc and seem to be Clarence Thomases personal acolytes.

vocal token
stable ermine
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don't know the author's credibility 🧂 tho he does observe that a well-known terrorist prosecutor has joined the ranks. fascinating turn.

https://twitter.com/TimInHonolulu/status/1702417043780501533
https://twitter.com/TimInHonolulu/status/1702417045751812557

Tim Hogan 浩勤 (@TimInHonolulu)
  1. Trump's deranged Megyan Kelly interview ranting about having right to do whatever he wants with top secrets may indicate something big is coming. I believe he's been trading secrets with foreign powers likely the IRGC to get out of his Suleimani Fatwa. IRGC is a terrorist org.
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Tim Hogan 浩勤 (@TimInHonolulu)
  1. A well-know terrorist prosecutor who was brought on board last year has just entered an appearance in SDFL. If he's been trading secrets to the Iranians or anyone especially if it led to the death of a US intelligence asset, he's graduated to the big leagues.
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uncut forge
uncut forge
stable ermine
uncut forge
#

Federal judge declines to recuse herself from Trump election interference case

uncut forge
#

https://www.youtube.com/watch?v=fmRFys0V7xg soo, another gag order coming in tomorrow? Let's see :)

YouTube
MeidasTouch
Federal Judge Ready for IMPORTANT HEARING on Trump’s THREATS

MeidasTouch host Ben Meiselas reports on a massively critical hearing that is set to take place in federal court in Washington DC on Monday where Federal Judge Tanya Chutkan will asses whether a gag order should be imposed on Donald Trump based on his threats. Special Counsel Jack Smith is ready.

Visit https://meidastouch.com for more!

Support...

▶ Play video
uncut forge
stable ermine
uncut forge
#

They're not on the best of turns

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And as expected, he's turned on it being a witch hunt again and that biden ordered it.

uncut forge
stable ermine
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See also: Old Man Yells at Cloud.

uncut forge
#

yah

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he's doing a lot of yelling again it seems

tired jasper
uncut forge
#

that's the thing though. There is a gag order for this one afaik

#

you could definitely say this is witness tampering I guess

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trying to grab the link but god this guy is a serial shitposter

stable ermine
calm slate
#

I am not a fan of cameras in the court room generally, but it would have been really interesting to see him in the stand today right before he stormed out of the courtroom for the Trump Org Dissolution Trial in Manhattan in a huff and threw his temper tantrum. Also having the judge grill him about his latest gag order violation too.

uncut forge
#

It has been asked apparently

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But it's all slow going

potent abyss
potent abyss
wispy osprey
wispy osprey
#

sounds like this panel is gonna keep the gag in place

uncut forge
#

thats nice as long as they actually have consequences for breaking the gag

#

aside from "pay us"

wispy osprey
#

right

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They will absolutely appeal to scotus if they don't win though

#

Just a few seconds after this, one of the judges raises her voice at Trump's counsel and tells him that her question was hypothetical https://youtu.be/ngUhSD35DoA?t=2399s

YouTube
United States Court of Appeals for the DC Circuit
The United States Court of Appeals for the DC Circuit

Monday, November 20, 2023 9:30 A.M. USCA (Live-Stream)
Judges Millett, Pillard, Garcia

Case #: 23-3190 USA v. Donald Trump

Thank you for watching, for more information, please visit https://www.cadc.uscourts.gov/internet/home.nsf/Content/Oral+Arguments.

▶ Play video
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made me jump

uncut forge
thick gust
wispy osprey
#

Ahh wrong thread

wispy osprey
stable ermine
uncut forge
calm slate
calm slate
tired jasper
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Amusing that Trump's appeal seems to have spent a lot of time arguing why the government couldn't appeal in this specific situation (despite the government obviously not being the appellant)

calm slate
uncut forge
#

Trumps teams reply is in

uncut forge
#

https://mastodon.social/@Teri_Kanefield/111633449406623740 has a breakdown of it

mastodon.social
Teri Kanefield
Teri Kanefield (@Teri_Kanefield@mastodon.social)

Attached: 2 images

Trump just filed his opening brief in the immunity appeal in DC circuit court of appeal.

https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf

It's late but I just had to start reading (morbid curiosity)

Paragraph #1: He tells the court that if he can be indicted there ...

calm slate
uncut forge
#

Something like that

calm slate
#

I’m sure Justice Thomas is furiously typing up a concurrence on how that Trump’s position is “deeply rooted rooted in the Nations history and tradition” 😂

uncut forge
#

I thought the "immunity" thing had been quelched already

#

ah no, it's just that there's a bunch of precedent set which don't really support his claims accordingt to NYT for instance; https://archive.is/m6xwG

tired jasper
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It's mostly that describing the day's speeches as "official actions" is really tortured. The office of the president does have criminal immunity (so for example if the president orders a military operation that results in deaths, he is not guilty for a murder conspiracy like an ordinary citizen would be) but that obviously doesn't apply to the president doing something unrelated

stable ermine
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The specious argument:

... no current or former president had ever been criminally prosecuted for official acts. That unbroken tradition died this year ...

Is a multi-car pile-up of deception and misconception. Seems more a PR attempt to shape public opinion (i.e., self-victimhood and outrage) than to form a credible legal position.

calm slate
calm slate
uncut forge
#

yeah, I had it in my head that the supreme court had said something as well but that was definitely misremembering

calm slate
# uncut forge yeah, I had it in my head that the supreme court had said something as well but...

For sure. There are 44 federal charges and 47 state charges, all of them felonies across dozens of Civil and Criminal cases. It’s a-lot to parse https://www.justsecurity.org/75032/litigation-tracker-pending-criminal-and-civil-cases-against-donald-trump/

Just Security
Litigation Tracker: Pending Criminal and Civil Cases Against Donald...

This public resource, a litigation tracker, compiles and provides information on all of the criminal and civil cases currently facing former President Donald Trump.

#

SCOTUS has only denied cert.. Meaning they opt not to hear his immunity defense now but reserve the right for consider it in the future. It doesn’t set a binding precedent and the lower courts ruling only applies to the geographical jurisdiction of its ruling. Some pundits and legal scholars are saying this denial is only temporary (suggesting they will rule imminently). Generally, no one knows where this is going to land with SCOTUS 🤷‍♂️

calm slate
calm slate
calm slate
calm slate
calm slate
calm slate
uncut forge
calm slate
calm slate
calm slate
stable ermine
#

Judge Pan is better at her job that D. John Sauer is at his.

#

he really lost it when challenged on his impeachment line of reasoning.

calm slate
#

https://abcnews.go.com/US/special-counsel-questioned-witnesses-2-rooms-fbi-search/story? Trump still has classified documents this whole time. Archive: https://web.archive.org/web/20240202130819/https://abcnews.go.com/US/special-counsel-questioned-witnesses-2-rooms-fbi-search/story?id=106826552&cid=social_twitter_abcn

ABC News
Special counsel questioned witnesses about 2 rooms FBI didn't searc...

The special counsel has questioned witnesses about a so-called "hidden room" inside Mar-a-Lago that wasn't searched by the FBI during their August 2022 raid, sources say.

tribal urchin
#

If that belongs in Trump I or II, let me know. It's not the Goergia nor Colorado case....

tribal urchin
# tribal urchin I...think(?)...that this is the right Trump trial....? TL;DR: Judge Tanya Chutk...

https://www.courtlistener.com/docket/67656595/united-states-v-trump/?page=2#minute-entry-377424198
MINUTE ORDER as to DONALD J. TRUMP: The February 9, 2024 administration of a written questionnaire to prospective jurors, as set forth in the court's 130 Order, is hereby VACATED. In addition, the March 4, 2024 trial set by the court's 39 Pretrial Order, as amended, is hereby VACATED. The court will set a new schedule if and when the mandate is returned. Signed by Judge Tanya S. Chutkan on 2/2/2024. (zjd)

CourtListener
United States v. TRUMP, 1:23-cr-00257 - CourtListener.com

Docket for United States v. TRUMP, 1:23-cr-00257 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

#

This isn't a major development in the case, rather a bowing to reality as the DC Circuit Court of Appeals is taking longer than anticipated to rule on the immunity question. Until they complete their ruling, the original case cannot proceed. The major impact is going to be the domino effect in the timeline because a trial date that was set for March 4 is no longer feasible, so when will it happen and how may the updated schedule to this case, or the other cases that are held up by it, be impacted - and how will it play into the politics of the election (obviously.)

calm slate
tribal urchin
#

I thought Trump II is the Florida SD classified documents case? The one with Judge Cannon. The OTHER Special Counsel indictment….

calm slate
uncut forge
calm slate
calm slate
#

also

"We have balanced former President Trump’s asserted
interests in executive immunity against the vital public interests
that favor allowing this prosecution to proceed. We conclude
that “[c]oncerns of public policy, especially as illuminated by
our history and the structure of our government” compel the
rejection of his claim of immunity in this case. See Fitzgerald,
457 U.S. at 747–48. We also have considered his contention
that he is entitled to categorical immunity from criminal
liability for any assertedly “official” action that he took as
President — a contention that is unsupported by precedent,
history or the text and structure of the Constitution. Finally,
we are unpersuaded by his argument that this prosecution is
barred by “double jeopardy principles.” Accordingly, the order
of the district court is AFFIRMED."

Next stop SCOTUS on the appeal if done by Trump prior to February 12 (which he will). This kicks it back to U.S. District Court Judge Chutkan for now.

uncut forge
#

Yup. Let's see how quick SCOTUS handles it

stable ermine
#

that's a pretty potent statement.

calm slate
#

It took this appeals panel 3+ weeks to make this ruling plus we have hearings on the ballot case coming up imminently at SCOTUS this month

calm slate
#

Another good one from the ruling, via Chutkan, “Every President will face difficult decisions; whether to intentionally commit a federal crime should not be one of them.”

stable ermine
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As Law&Crime previously reported, Trump argued in a Friday reply in support of his motion to compel discovery ... that he was “entitled to discovery and a hearing concerning selective and vindictive prosecution” to defend himself and, ultimately, dismiss the charges against him. As proof of his claim, the filing cited special counsel Robert Hur’s decision not to charge Biden for his retention of documents from his time as Barack Obama’s vice president. That decision came down to a number of factors, but chief among them was a publicly controversial claim in the 388-page report that said Biden’s “poor memory” precluded him from breaking retention laws. Notably, Hur also underlined that Trump’s alleged offenses were far more serious.

https://www.msn.com/en-us/news/politics/smuggling-this-issue-into-a-reply-brief-jack-smith-calls-out-trump-suddenly-raising-new-defense-theory-with-crooked-hillary-comparison/ar-BB1ia6Sq

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A legal pundit commented on the differences between time in office vs out of office wrt retention of those papers. If I can find that again, I'll post it here.

calm slate
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Yeah one of the pieces of evidence is a handwritten noted by Biden about strategies to convince President Obama to exit Afghanistan. I'll find it and post it, it came from Wheeler. According to Hur that is 'top secret'. So like I said earlier notes about a FOB in Afghanistan vs secretly selling nuclear weapons secrets to an Middle Eastern autocracy are not the same. Hur's actions are rotten to the core.

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There is a strong possibility that the documents Biden had were actually declassified by Trump as well. It's part of the bog standard declassification process. Wheeler discussed it.

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I will take prop bets on Hur's nomination/appointment to the Attorney General Cabinet position in the event of a Trump win in November. Quid meet Quo. 🥴

stable ermine
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Special counsel Jack Smith strongly refuted Donald Trump’s attempts to obtain information relevant to his classified documents case in a 67-page court filing.

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“One particularly interesting part of the government’s response related to a suggestion in Trump’s motion that he had some form of security clearance issued by the Department of Energy that continued after he left the White House,” former U.S. Attorney Joyce Vance wrote. “Smith eviscerates that claim in response to Trump’s effort to force the government to search for more evidence that such a clearance existed.”

calm slate
uncut forge
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Not confirmed yet, but Jack Smith is trying to reverse another decision by Cannon. In this case to unseal names of witnesses.

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Trumps filed to dismiss the case, again. https://www.courtlistener.com/docket/67490070/327/united-states-v-trump/ and https://www.courtlistener.com/docket/67490070/327/1/united-states-v-trump/ trying to insert nonsense into the record (Crossfire Hurricane) along with https://www.courtlistener.com/docket/67490070/326/united-states-v-trump/ that Jack Smiths appointment and funding is unlawful. and https://www.courtlistener.com/docket/67490070/325/united-states-v-trump/ Unconstitutional Vagueness. 😆

Chris Kise is going to lose his license to practice law over this nonsense. He's already been sanctioned on repetitive and frivolous filings.

CourtListener
Dismiss – #327 in United States v. Trump (S.D. Fla., 9:23-cr-80101)...

MOTION to Dismiss 85 Indictment, Based on the Presidential Records Act by Donald J. Trump. Responses due by 3/7/2024. (Attachments: # 1 Exhibit)(Kise, Christopher) (Entered: 02/22/2024)

CourtListener
Exhibit – #327, Att. #1 in United States v. Trump (S.D. Fla., 9:23-...

MOTION to Dismiss 85 Indictment, Based on the Presidential Records Act by Donald J. Trump. Responses due by 3/7/2024. (Attachments: # 1 Exhibit)(Kise, Christopher) (Entered: 02/22/2024)

CourtListener
Dismiss – #326 in United States v. Trump (S.D. Fla., 9:23-cr-80101)...

MOTION to Dismiss 85 Indictment, Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith by Donald J. Trump. Responses due by 3/7/2024. (Kise, Christopher) (Entered: 02/22/2024)

CourtListener
Dismiss – #325 in United States v. Trump (S.D. Fla., 9:23-cr-80101)...

MOTION to Dismiss 85 Indictment, Based on Unconstitutional Vagueness by Donald J. Trump. Responses due by 3/7/2024. (Kise, Christopher) (Entered: 02/22/2024)

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The judge overseeing Donald Trump's classified documents case has granted a request from Special Counsel Jack Smith to deny the former president's co-defendants access to the sensitive materials they are accused of concealing at Mar-a-Lago.

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stable ermine
stable ermine
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https://vxtwitter.com/kyledcheney/status/1765478735220732076
https://vxtwitter.com/kyledcheney/status/1765485592832344507

vxTwitter / fixvx
Twitter
Kyle Cheney (@kyledcheney)

JUST IN: Judge Cannon says two amicus briefs filed by Trump-aligned lawyers "may be of considerable help" to her on Trump's motions to dismiss.

1 says NARA referral to DOJ was deficient: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.360.1.pdf

1 says Jack Smith appointment was inv…

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Kyle Cheney (@kyledcheney)

My read is that @EricColumbus is correct and this is language borrowed from Supreme Court rules. It essentially means the amicus briefs have information in them that neither party brought to her attention.

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stable ermine
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https://www.cnn.com/2024/03/14/politics/takeaways-trump-classified-documents-mar-a-lago-hearing/index.html

TL;DR

  • Cannon declined to toss classified docs case
  • Rejects claim that law used to prosecute too vague to be used
    • Finding statue unconstitutionally vague would be "extraordinary" to dimiss)
  • No ruling yet on Presidential Records Act
    • Arguments on facts in dispute best left to a jury
    • Doesnt merit a dismissal
CNN
Takeaways from the hearing on Trump’s attempt to dismiss the mishan...

US District Court Judge Aileen Cannon on Thursday declined to toss out the classified documents case against Donald Trump after hours-long arguments in part over whether the charges against the former president were too vague.

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https://vxtwitter.com/rparloff/status/1769363483080962345
https://vxtwitter.com/rparloff/status/1769363571610190320
https://vxtwitter.com/rparloff/status/1769363679454110066
https://vxtwitter.com/rparloff/status/1769363846899052588

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Roger Parloff (@rparloff)

Now that I’ve decompressed, here are some notes about Thursday’s USA v Trump hearing in Fort Pierce before Judge Cannon, which I covered for @lawfare . Some mixed messages but, to me, very strange. ...
1/19

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Roger Parloff (@rparloff)

... She heard 2 motions to dismiss, granting one “without prejudice” hours later. But she also asked questions about a 3d motion, alleging “selective or vindictive prosecution.” Though the last is breathtakingly baseless, she is treating it very seriously ...
/2

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Roger Parloff (@rparloff)

... The selective/vindictive prosecution theory is that Trump is being treated unfairly compared to previous ex-presidents or ex-VPs who took classified docs or info home from WH. The obvious distinction is ...
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Roger Parloff (@rparloff)

... Trump’s months-long refusal to return docs when asked—allegedly lying to NARA, FBI, grand jury, his own attys; concealing subpoenaed docs; plotting to destroy subpoenaed video. But Cannon seemed to be cordoning off all of that to create the appearance of disparity ...
/4

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calm slate
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This judge 🤦‍♂️

stable ermine
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she's trying all kinds of ways to jeopardize and sabotage the case.

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seems like she's angling for plausible deniability in some of those absolutely daft moves, but it's too obvious.

calm slate
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It's insane. She's already gotten slapped down multiple times by the higher court. She's very inexperienced as a judge too.

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I think it also creates an incentive for jurors to try and not serve as well. "Yes ma'am you are going to have to take this highly classified nuclear war/weapons secrets with you to your grave, you cannot tell anyone, even your spouse/partner/kids, we will prosecute you and track you for the rest of you life, would you like to serve as juror number #8?"

tired jasper
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Pretty sure this will just get appealed, delaying it further

uncut forge
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it's odd that after all the things she's still allowed to sit this case

calm slate
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Oh yes, Cannon’s goal is to run out the clock till after the inauguration. Procedurally she keeps violating basic trial rules.

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I just think of any other national security case like this and the special treatment of the defendant. It really is extreme.

boreal rune
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Just show the jury the papers. Our enemies already have them.

calm slate
runic sluice
uncut forge
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Trump asks for adjournment because his other trial is starting and would overlap with the trial regarding the documents

stable ermine
hearty pasture
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"has left"

calm slate
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IIRC this is the third lawyer of Trump who has done this. Eastman was one as well.

mild heart
uncut forge
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The ruling by the judge, Aileen M. Cannon, was made in a bare-bones order that contained no factual or legal reasoning. It did not schedule a new deadline but erased the one she had set almost a month ago ordering Mr. Trump’s lawyers to file by Thursday a detailed list of the classified materials that they intend to introduce at the trial, which is set to take place at some point in Federal District Court in Fort Pierce, Fla.

uncut forge
stable ermine
# uncut forge This is probably not going to do anything, but it's nice to see people come toge...

"Federal law requires a judge to step away from a case in which impartiality 'might reasonably be questioned.' Given Judge Cannon's history and previous rulings in Trump's favor, her impartiality reaches that threshold," the petition said.

wishful thinking, but a laymen misunderstanding of how it works.

11th circuit court cannot be compelled to recuse her without proof of intentional judicial malpractice. the threshold for recusal is high, and despite her many questionable calls that only delay the trial, there isn't a smoking gun.

it's been noted here before that she comes close to the line without actually crossing it. there's a pattern, but not sufficient proof.

uncut forge
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Hence the "this isn't going to do anything"

stable ermine
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right. adding context to that very statement.

these sorts of petitions are usually feel-good virtue signaling without much weight.

uncut forge
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Want me to take it out?

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It looks more newsworthy than it is I guess

stable ermine
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No, it wasnt at a a criticism aimed at you. Apologies if it seemed that way.

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It was direct response to the messaging in that article.

uncut forge
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Ah k, I havent had my coffee yet :)

uncut forge
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Soo

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Judge Aileen Cannon dismisses the Mar-a-Lago case against Trump, finding that Special Counsel Jack Smith’s appointment is unconstitutional.

stable ermine
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Unbelievable.

It's another sandbag effort as it goes into appeals.

uncut forge
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Jip. Drag it out

stable ermine
uncut forge
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Jack smiths new brief

dull hinge
uncut forge
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Smith's office alerted the court over the weekend that it was seeking to file a nearly 200-page brief regarding how the U.S. Supreme Court's ruling regarding presidential immunity impacts the charges against Trump, who is facing four felony counts related to his alleged efforts to overturn the 2020 presidential election.

uncut forge
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it's been called