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Oct 21, 2023, 12 tweets

NEW: THREAD: Remember when Jack Smith filed a motion to compel Donald to notify the court by 12/20 whether he was going to employ an “advice of counsel” defense? Well, haha, Donald has filed his response. Here’s a refresher on the DoJ filing. 1/

First, Donald wants to know why DoJ doesn’t also have to provide a defense. Probably because the prosecution doesn’t provide a defense. But what do I know? 2/

Here, he makes the same “It’s so hard to review discovery and the schedule isn’t fair” argument that the judge has shot down multiple times. She’s not going to be happy that they keep making the same failed argument. Look for the judge to mention that. 3/

This is funny. Trump is mad that the DoJ wants him to turn over evidence before he decides whether he’s going to use the evidence. But DoJ only wants it AFTER he decides to use the defense. That’s what the whole motion was about. The Judge isn’t going to like this, either. 4/

Oh my. Haha he’s actually arguing that he can’t possibly decide his defense without having the discovery. Which he has/will have by December. Also, “the cross and the sword”? Does he mean “the sword and the shield”? 5/

This is funny. Trump says his constitutional rights are being trampled. His lawyers told the world a hundred times he planned on using advice of counsel defense. So I guess it was his own lawyers that did the trampling. Lulz 6/

This footnote, good lord. The prosecution DOES recognize it has an obligation to produce discovery it recovers from investigation. That’s why they want you to TELL THEM about your defense. So they can investigate your production and reciprocate. 🤦‍♀️ 7/

Pfffffft. “You can’t make this demand! But you should have made it sooner!” 8/

Oh this is rich. “DoJ should have to give us all the stuff that we ourselves created and/or already have.” 9/

There it is. Sword and shield. So they know the phrase at least. 10/

And the best for last. “YOU CANT HAVE MY DEFENSE EARLY but I’ll totally give it to you early. How about January 15 instead of December 20? 11/

So to sum up:

YOUR REQUEST IS UNCONSTITUTIONAL

YOU SHOULD HAVE MADE IT SOONER

I’LL GIVE YOU THE STUFF

END/ storage.courtlistener.com/recap/gov.usco…

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