Judge to Trump lawyer Justin Clark, who is trying to keep Trump's involvement in Jan. 6 attack a secret:
"Mr. Clark, I’m going to ask you dial down the rhetoric.”
Judge: “Isn’t the best person to determine executive privilege the executive?
Trump lawyer: “Not the incumbent executive.”
The judge asks what the harm to the Trump is for documents that are by their very nature public and relate to government business to be released.
Judge: "Where is the harm? Tell me the harm.”
Clark: "The harm exists to the institution of the presidency."
Judge: "Well the current president disagrees. Shouldn’t that weigh in?”
Now on rebuttal, the attorney general lawyer arguing the case is citing caselaw, chapter and verse.
Who is Justin Clark?
A top Trump campaign official. He and former campaign manager Bill Stepien have received $80,562 from Trump's political committee in the first of this year.
Judge asks lawyer why they need info from back in April '20, and he explains that's when Trump started tweeting about the coming election being rigged, and they want to know why.
Judge: “I’m not sure there is an answer about why the president was tweeting what he was tweeting.”
Trump's lawyer back up, keeps citing Nixon v GSA from 1974, but which was superceded Presidential Records Act in 1978, as Congress' response.
Judge: "I'm not sure that case is as helpful to you as you think it is.”
And at 1245, Judge Tanya Chutkan wraps it up.
"I will issue my opinion expeditiously.”
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BTW, if Trump had been hoping for a judge likely to go along with his lies about Jan. 6 -- that it was really ANTIFA, that it was peaceful, that those arrested are being persecuted -- he must be disappointed.
Judge Tanya Chutkan has earned a reputation for seeing the Jan. 6 attack as a serious threat against the United States and has, at times, given harsher sentences to insurrectionists than those recommended by prosecutors.
“There have to be consequences for participating in an attempted violent overthrow of the government, beyond sitting at home,” she said in one case.
“Isn’t the best person to determine executive privilege the executive?” Judge Tanya Chutkan asked Trump lawyer Justin Clark.
Clark answered: “Not the incumbent executive.”
Trump’s lawyers had argued that a 1974 Supreme Court case regarding Richard Nixon’s attempt to have White House recordings he had made destroyed after he resigned from office gave Trump the right to assert privilege even if Biden refused to do so.
CONTEXT: This was the guy who came up with the theory that Democrats encouraging Trump supporters to get vaccinated are actually using reverse psychology to make them NOT get vaccinated so they will, instead, get sick and die.
Also, if people disagree with him, he claims he is having sex with their mothers.
- Dems will talk up their spending bills, regardless of what's in them, as a huge step forward.
- Republicans will call the bills socialism, even as they take credit for local projects getting money.
- No one will remember or care about the process.
One year from now:
- If the economy is doing well and COVID is beaten/mostly beaten, Dems won't get completely clobbered in midterms.
- If COVID is still an issue and the economy is weak, Dems will get clobbered.
Three years from now:
- If the economy is doing okay, Biden will likely win re-election.
- If it's doing badly, he will likely lose.
Who is taking what Trump did between Nov. 3 and Jan. 6 seriously?
Liz Cheney.
Here are some comments from today's Rules Committee meeting to schedule tomorrow's resolution holding Steve Bannon in criminal contempt:
“The people who attacked this building told us, continue to tell us on video, on social media, and now before the federal courts, exactly what motivated them. They believed what Donald Trump said, that the election was stolen and that they needed to take action."
"At this moment, it is not just the institution of Congress' authority that is at stake, the potential harm to the foundation of our Republic is far more significant. In the past week, President Trump has openly urged millions of Republican voters not to vote in 2022 or 2024.