Arguments now before DC Circuit on Trump’s appeal of Judge Chutkan’s rejection of Trump’s claim of executive privilege to prevent J6 committee to access his official records. I explained the ruling here:
Judges Millett, Wilkins, Jackson presiding. Jesse Binnall representing Trump. Joe Biden has denied Trump’s claims of executive privilege at least twice. Judges now questioning Trump’s authority to override Biden’s unprecedented denial of executive privilege for a past president.
National Archivist has agreed to begin producing documents requested by Pelosi’s committee. This includes docs, correspondence, meeting/call logs dating back to April 2020. Nothing to do with January 6, everything to do with Trump’s efforts to stop election fraud.
Whooo boy, DOJs case against Bannon is gonna be a doozy related to DOJs overuse of protective orders on evidence for January 6 cases. Some excerpts from Bannon's filing:
This is the same tactic DOJ is using to keep 14,000 hours of Capitol surveillance video under wraps
I am sure a few hundred J6 defendants will be interested to see DOJ object to Bannon's wish to try his case in the media.
Nice to see someone fighting back on DOJ nonstop attempts to conceal evidence...
Keep in mind, as the 4-hour disturbance at the Capitol was underway on January 6, Biden gave an 8-minute televised speech to the nation condemning the protest as an “insurrection.”
Late to Ryan Samsel hearing. Defense complaining that client still doesn't have discovery. Judge Kelly questions if that's true. Defense says he doesn't think DOJ would admit full discovery has been met.
"There is going to be significant dispute about full discovery."
DOJ: Majority of evidence re Samsel has been produced but defense wants evidence of other people involved.
DOJ still does not have one of the evidence database up and running. But admits not all evidence in this case is available.
Kelly "status of discovery is what it is."
Another Trump appointee gem. He often talks like he has no clue what he's saying in court.
Kelly wants to exclude time from Speedy Trial act, set pre-trial motion schedule.
Defense will file motion to dismiss 1512(c)(2), the common obstruction felony.
Status hearing for Jeffrey McKellop. He's been incarcerated denied bail since his arrest March and now held in D.C. Gulag.
DOJ added a superseding indictment; McKellop, a decorated veteran with no criminal record, charged with numerous counts of assaulting police on January 6
DOJ: Once again delaying discovery, prosecutor says full discovery won't be ready until December 30.
This is such bullshit.
Plea deal on the table. This DOJ arrested defendants, asked for pre-trial detention, delays for MONTHS discovery, Brady material, then offers pleas.
"Substantially completed" discovery by end of the year. Yet another deadline blown by DOJ. Courts continue to allow it.
McKellop atty says there's a long line of defendants at DC Gulag to view discovery. Asks for trial date.
Hayes insists there’s no domestic war on terror. Proof once again that he, like Goldberg, aren’t paying any attention to J6 prosecution and its consequences. Further, Chris Wray designated January 6 an act of domestic terror.
Can Hayes explain the DC Gulag for even nonviolent J6 offenders? Or prosecutors comparing trespassers to domestic terrorists? Or FBIs use of “counterterrorism” task force to conduct armed, pre-dawn raids? Or use of DOJ NSD in prosecutions? Or use of geofence warrants to…
collect cell data of everyone in DC on January 6? Or DNI Avril Haines March “threat assessment” claiming, without evidence, domestic violent extremists pose a heightened danger to the homeland? Or J6 committee plans for to expand anti-terrorism laws to target the Right?