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S.V. Dáte Profile picture
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30 Nov, 9 tweets, 2 min read
Trump's attempt to keep his involvement in the Jan. 6 insurrection a secret is being heard right now by a three-judge panel of the Circuit Court of Appeals, District of Columbia.

The judges seem ... skeptical of Trump's demands.

huffpost.com/entry/donald-t…
Trump's lawyers keep bringing up GSA v Nixon, which was superseded by the Presidential Records Act.
Trump's lawyers are still up, getting harshly grilled about why Trump's insistence that his records be kept secret should overrule Biden's determination that the national interest demands that they be released.

Yet to be seen how they treat the DOJ and House lawyers.
A judge asks Trump lawyer Justin Clark, isn't there ANY circumstance where the incumbent president should be given deference in his decision to release documents that a previous president wants kept secret?

Clark: "I don't think so."
The arguments schedule said 20 min per side.

Yet Trump's lawyers are still getting hammered by the judges, 90 minutes in.

Important to point out that Clark is not known as a constitutional expert. He was among Trump's campaign officials.
Important to remember that Trump is trying to use the "executive privilege" concept embedded in the Constitution to cover up his attempt to essentially overthrow the Constitution.

huffpost.com/entry/trump-ja…
And regardless of the merits of their claims, Trump's lawyers can win by dragging this out through the midterm elections, which will likely favor the Republicans, who will then shut down any investigation of what Trump did on Jan. 6.

huffpost.com/entry/donald-t…
The 40-min hearing is now going on 3.5 hours. The judges have been asking the House and administration what is the point of giving a former president the opportunity to take his objection to a release of documents to court if the incumbent president's word is always final?
A DOJ lawyer says that privilege is being asserted in other instances right now on requests for info by other committees, and it is being honored.

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More from @svdate

S.V. Dáte Profile picture
18 Nov
NEW -- RNC Chair Ronna McDaniel today -- one year and 11 days after the 2020 presidential race was called for Joe Biden, refused to say that he had legitimately won the election, and instead insisted there were "problems" that needed to be looked into.

huffpost.com/entry/mcdaniel…
She also refused to say whether the reporting in Jon Karl's book, that Trump threatened to leave the Republican to create his own, was accurate.
She also refused to say whether the party and the RNC in particular has a responsibility to make sure their next nominee does not try to overthrow the republic, as Trump did after he lost.
Read 8 tweets
S.V. Dáte Profile picture
4 Nov
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.
Read 4 tweets
S.V. Dáte Profile picture
4 Nov
NEW -- Trump went to federal court to keep his role in the Jan. 6 insurrection a secret.

At his first hearing today, the judge had ... questions.

huffpost.com/entry/trump-ja…
“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.
Read 8 tweets
S.V. Dáte Profile picture
4 Nov
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.
Read 9 tweets
S.V. Dáte Profile picture
2 Nov
Breitbart historian.
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.
Read 4 tweets
S.V. Dáte Profile picture
28 Oct
Three months from now:

- 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.
Read 4 tweets

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