Josh Gerstein Profile picture
Sep 20, 2022 24 tweets 3 min read Read on X
In Brooklyn for 1st appearance of Trump lawyers and prosecutors before special master in Trump Mar-a-Lago docs fight. Senior US District Court Judge Ray Dearie
Much of the press has been positioned in jury box facing Trusty, Halligan, Kise and Corcoran. Trusty jokes: We've already objected to this jury.
Courtroom isn't full yet....
Trump team initially took up spots on judge's right which appears to be defense table. A clerk asked them to move to plaintiff's table. Trump is the plaintiff, sort of, really just the movant since he never filed an actual complaint. Case was assigned as a suit though
It's related in a way to an issue in the dispute: Is it properly before Judge Cannon or should it have been brought first to Judge Reinhart, who issued the search warrant. Special Master Dearie has flagged this as a potential Q in the fight. That seemed to irk Trump's team.
FWIW: Cannon announced when she took the bench for her hearing about 3 weeks back that masks were not required.
DOJ team just arrived. Looks like Bratt and Edelstein and one or both of the privilege team lawyers from Florida
I believe we have the SDFL US Attorney as well Gonzalez.
I've seen US Attorneys appear in an adjoining district but can't remember this kind of long distance.
And we are about full in the gallery
Hearing underway. Dearie leans a bit on the railing on the way up to the bench. Trusty introduces Trump team and Bratt the feds.
Judge: We have little time to complete the tasks assigned to the court.
Judge: I follow directions. I do what I'm told....We are going to proceed with what I call responsible dispatch.
Judge seems to brush back Trump team by saying that 'litigation strategy' isn't going to affect his resolution of recommendations to Cannon. That may refer to Trump unwillingness to detail his stance re whether he claims he declassified anything and how.
Judge asked if inventory is in dispute. Trusty says he's not sure but why don't they all see the documents first.
Judge says speakers are free to take masks off. Edelstein speaks for govt says DOJ ready to give docs to vendor by tomorrow. Trusty says they just got the lost of five. Asks for Friday to pick a vendor. Judge says: Let's do it tomorrow.
Judge asks Bratt about what to do with classified docs if 11th circuit doesn't step in. Defers to Edelstein, who say govt will 'most likely...consider other appellate options at that point.' I think only option is #SCOTUS.
Judge is asking what his role would be re marked classified docs. 'How am I going to verify the classification?....What business is it of the court?' Dearie says, assuming Trump side doesn't put forward evidence of declassificiaton.
Trusty: It's premature...it's going a little beyond what Judge Cannon contemplated in the 1st instance. Dearie: I was taken aback by your comment that I'm going beyond what Judge Cannon instructed me to do...I think I'm doing what I told.
Trusty stands by position that they don't want right now to detail what may have been declassified or when. 'We're not in a position nor should we be in a position at this juncture to fully disclose a substantive defense'
Trusty: '...It's not gamesmanship. It's about not having seen the documents.'
Trusty: 'We should not be in a position to have to disclose declarations, witness statements.' Dearie: 'My view us you can't have your cake and eat it too.'
Trusty now railing against NARA, calls it 'highly politicized,' talks about trigger warning disclaimer on NARA website, also refs late Sandy Berger's docs in the socks/pants. Dearie calls that 'broad brush' but says he will give notice before consulting NARA.
Now Trusty is asking about getting security clearance process started. Judge says he thought of that earlier but adds: 'It's not just a matter of having clearance. It's a matter of need to know...if you need to know you, will know.'
Judge says he hopes he can resolve matter w/o seeing the classified if possible. Edelstein emphasizes that some on prosecution team don't have the necessary clearances. Trusty: 'It's kind of astounding to hear the government say the president's lawyers don't have a need to know.'

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More from @joshgerstein

Mar 29, 2023
For 2nd day in a row, GOP lawmakers hit Garland for proposing only 4 new DEA agents as Fentanyl deaths surge. But AG says real no. is 131, counting agents OK'd this year but not yet hired. Garland: 'The budget math and the actual math doesn’t always add up.'
Democrats are pointing out that across-the-board cuts GOP would impose government-wide as part of debt limit extension would actually slash spending by about 22%. Garland says: 'It would be devastating for our efforts to combat drug trafficking. Totally devastating.'
Garland says that would lead to 11,000 jobs at FBI being eliminated.
Read 12 tweets
Mar 24, 2023
ON STAND NOW at Proud Boys trial as defense witness: S. Fla. rabbi Former Proud Boy George Meza. Meza on his exit: 'We in some way turned on each other and I was voted out of the club.' But generally presenting a flattering view of Proud Boys & their ideology
Meza says Proud Boys rules barred those 'currently identified' as white nationalists. They're kicked out 'or they're supposed to be,' he says
More Meza: 'The average minority, the average foreigner felt very comfortable around the proud boys because we put our lives in danger to protect them.'
Read 19 tweets
Mar 1, 2023
At least 5 Republican senators here at SJC hearing seeking second round of Qs for Garland. Earlier: politi.co/3SBmBmw via @politico
@politico Sen. Lee on 702: 'Not a chance in hell we’re going to be reauthorizing that thing without some major major reforms.'
Sen. Cruz deplores leaks about Hunter Biden (you read that right), says it was to make a future Trump indictment seem legit
Read 4 tweets
Mar 1, 2023
HAPPENING NOW: AG Merrick Garland at Senate Judiciary Committee oversight hearing. Kicking off now. GOP senator(s) seem to have brought poster board visuals
Durbin wastes no time getting to prebuttal of expected GOP talking points, brings up Hunter Biden (although not by name, just as the president's son)
Durbin also praises Garland for not interfering in Hunter Biden probe, Durham probe or other special counsel probes. (Some Dems might fault Garland for not interfering more in Durham.)
Read 6 tweets
Jan 11, 2023
Proud Boys trial drama: defendant Joseph Biggs' lawyer Norm Pattis proposes 'simple & elegant' solution that he withdraw from case in part due to his bar suspension related to Alex Jones case. Patiis also cites 'irreconcilable differences' with co-counsel Dan Hull
Judge Kelly says he is inclined to let Pattis go but not until another conflict issue with Hull is resolved. Hull gets up calls what Pattis said a 'complete falsehood.' Judge cuts him off. Hull keeps talking. Judge: 'Mr. Hull, take your seat, sir!' Hearing recessed may return
Court back in Session. Prosecutor Jason McCullough says a defense attorney for Biggs, Dan Hull, did get confidential information from another Proud Boy who's now cooperating with government & pled guilty, Jeremy Bertino. Prosecutor: 'It is not a nothingburger issue.'
Read 8 tweets
Jan 10, 2023
At DC federal court this morning...Still in jury selection for Pelosi desk-sitter Richard Barnett....Proud Boys trial jury is chosen but we're in a semi-hiatus as defense lawyers argue, again, for change of venue based on juror bias...also lawyer issues to work through
Carmen Hernandez, lawyer for Proud Boy Zachary Rehl: 'We're getting smacked with the media attention out of Jan.6 committee right as we’re starting trial...This case is a perfect storm of those prejudicial aspects.'
Hernandez: "I have never, never experienced the level of prejudice and ill-will toward a set of defendants....It’s completely out of whack with what we consider due process and fair trial rights...This is worse than anything I have ever experienced."
Read 11 tweets

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