Thread by @McAdooGordon

DJT DC case.

“Facts” & allegations “supported” by evidence (testimony, statements, documents) that hasn’t been subject to cross examination or confrontational techniques are not properly or constitutionally established.

They thus cannot satisfy the govt’s burden of proof.

The manner in which Judge Chutkan is permitting the Special Counsel to develop the “factual record” - as directed by the Supreme Court to determine the question of immunity in the case - is patently unfair & a violation of the 6th Amendment.

(It’s also interfering with the upcoming election, but that’s a separate issue.)

Rather than let Jack Smith vomit all this uncross-examined & mostly inadmissible evidence onto the public record, she should’ve made a serious effort to create to address this issue properly.

That would have required more time instead of the bum’s rush that she’s giving it.

It would’ve meant requiring the parties to work together to identify all the allegations the govt proposes to make that’re arguably immune & for the govt to also identify all other evidence it proposes to use that’s arguably immune -in a nonpublic manner- as a starting framework.

And from there to craft procedures for developing the factual record -as the SCOTUS directed- in the district court. That could have been done with stipulations, agreed on documents, affidavits &/or reports from experts, & an evidentiary hearing or hearings on contested points.

This is commonplace practice in civil cases and in some complex criminal cases.

Instead, what you’re seeing is the district court letting the govt run the show & failing to protect the defendant’s rights.