TRUMP RECORDS: Prosecutors just turned over new discovery, including “additional documents obtained via subpoena and evidence obtained via search warrants; memorialization of witness interviews conducted between May 12, 2023, & June 23, 2023; and forms generated by the [FBI].” 1/
What has been turned over is governed by the existing protective order, and we won’t see it—but it’s yet another arrow shot through Trump & Nauta’s “how can we possibly set a trial date?” argument. How Judge Cannon responds, of course, is the wild card. 2/
Here’s the Special Counsel’s filing revealing, in general terms, what they’ve produced. 3/
In the meantime, with the motion to postpone the trial fully briefed and Judge Cannon’s initial trial date of August 14 looming (and with it, even sooner pretrial deadlines), expect the trial date question to be hashed out at tomorrow’s CIPA hearing, or shortly before/after. 4/
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Jared Kushner's testimony before a federal grand jury is significant for a number of reasons, not the least of which is that it suggests the fundraising prong of the 1/6 investigation is very much live. 1/
Other than Trump & Jason Miller, no one was more involved in post-election fundraising and related messaging than Jared. As ad guru Larry Weitzner told the 1/6 committee, the small circle working on post-election ads included Miller, Newt Gingrich,Trump's pollster & Jared. 2/
Weitzner also revealed that the one time he spoke to Trump about post-election ads, it was because Trump and Jared called him together on speakerphone to convey "what they felt was wrong about the election process that might be considered for some ads." 3/
The folks @just_security have released a detailed model prosecution memo re: election interference, focusing on the fake elector scheme & direct efforts to overturn the results of the election. It’s a substantial contribution & deserves all the reads. 1/
They explain why they decided on a narrow focus for their memo; still, they clarify they aren’t suggesting Jack Smith refrain from investigating or prosecuting other schemes. And it’s the fundraising angle I’m thinking about, especially given this report: washingtonpost.com/nation/2023/06…
In particular, WaPo details concerns among campaign lawyers & top staff that claims in their post-election ads, were not verifiable, quoting an email from Miller to ad guru Larry Weitzner about the “bullshit being beamed down from the mothership”: 3/
BIGGER CARROLL UPDATE: DOJ tells Judge Kaplan it will NOT certify the first Carroll case under the Westfall Act, leaving Trump to defend the case on his own and without the ability to dismiss the case automatically.
And here is the announcement.
In its letter, DOJ elaborates on its legal reasoning and facts that have developed since it first certified the case in 2020. Trump's Oct. 2022 & later statements about Carroll are "substantially similar" to the June '19 statements at issue in this case, and ... 3/
CARROLL UPDATE: As expected, E. Jean Carroll has moved to dismiss Trump's counterclaim against her based on the jury's unanimously finding only that he sexually assaulted, not raped, her. 1/
Specifically, because the jury was instructed to use New York criminal law definitions of rape * sexual assault, the "overall gist and substance" of Carroll's post-verdict statement on CNN was true, & there is "no meaningful difference" in terms of viewers' understanding. 2/
Indeed, "the jury found Trump liable for inserting his fingers into Carroll’s vagina (sexual abuse)." Someone convicted of first-degree sexual abuse must register as a sex offender; digital penetration also constitutes rape in other jurisdictions, including under federal law. 3/
TRUMP RECORDS: Stan Woodward, Nauta's lead counsel, has moved to postpone Friday's hearing on procedures for dealing with classified information because a) he is trying a 1/6 case in D.C. starting today; & b) he doesn't yet have a security clearance. 1/ storage.courtlistener.com/recap/gov.usco…
But as noted in prosecutors' rapid response, Woodward fails to explain why Sasha Dadan can't handle the hearing alone or to admit he hasn't submitted the requisite form for even an interim security clearance despite being put in touch with the DOJ team in charge 3+ weeks ago. 2/
Plus, the Special Counsel's office is all but accusing Woodward of lying. He says he told them he opposed their motion to have this hearing; they say he explicitly told them he did *not* oppose it. 3/
Tonight, on @WagnerTonight, we talked about the 12/18/20 White House meeting that, at least according to public reporting, is of significant interest to Jack Smith and team. But really, that meeting was two meetings: the one in the Oval and a later regrouping in the residence. 1/
And as much as both meetings tell us about Trump’s knowledge and intent, the second meeting might be especially compelling to the Special Counsel now because almost all of “Team Normal” — Derek Lyons, Pat Cipollone, Eric Herschmann — left the meeting before it ended. 2/
And according to Herschmann’s testimony to the 1/6 committee, they left Trump with a bunch of potential targets of the investigation: Meadows, Rudy, Sidney Powell, and “that crowd,” meaning Mike Flynn and Patrick Byrne. 3/