Media have been reporting the big news is that Special Counsel Jack Smith secured 7 additional search warrants in connection with Trump’s willful retention of national security information. However… /2
…we actually should have noticed that two weeks ago (7/14), when this order was unsealed, showing 8 case captions. The first (8332) is the Mar-a-Lago docket we all know & love. The other 7 are the newly-revealed search warrants. /3
Don’t get too excited; the warrants and affidavits are still under seal. In fact, the only publicly available document on each of those 7 dockets is a motion by media intervenors to unseal the affidavits. (Those motions are pending.) What’s interesting, however… /4
…is the timing of those warrants. Docket 8489 was for a search warrant on October 28, 2022; dockets 8533-34 on Nov. 21 & dockets 8547-50 on Nov. 28.
All of these were filed while Trump’s complaint was pending before Judge Cannon; before she got slapped down by the 11th Cir. /5
Meaing Jack Smith was not just reacting to Judge Cannon trying to sabotage his potential prosecution but exploring additional avenues to uncover evidence of Trump’s criminal conduct. The fact that all of these were opened in S.D.Fl strongly suggests they’re all for Mar-a-Lago. /6
Now, WE DO NOT KNOW WHAT THE WARRANTS WERE FOR, but there is one bit of information that makes me suspect they were for Mar-a-Lago employee phone & electronic record taps… /7
That’s this argument from the DOJ that completely unsealing the original search warrant affidavit “could be used to identify many, if not all of the witnesses” against Trump that were carefully omitted from the indictment. /8
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Yesterday, Trump moved for an an indefinite continuance in the SDFL willful retention of documents case. TODAY, the DOJ filed its opposition. It's more proof that Jack Smith intends to telegraph & fight back against Trump's efforts to delay his trial. /1
We told you in today's show that although this looks like boring procedural stuff, it's actually a pretty important window into Trump's litigation strategy & just how much Judge Aileen Cannon, FSW is in the tank for Trump. /2
Trump is right that his case is complex & one of first impression. But that doesn't justify extraordinary delay - he "should not be permitted to gesture at a baseless legal argument, call it 'novel' & then claim the court will require an indefinite continuance to resolve it." /3
It prevents the Biden administration from flagging false posts on Twitter & doing essentially anything to combat anti-vax & other nonsense because... reasons? BTW, this goes on for two pages in the order (linked below). /2
We previously explained how meritless the underlying *lawsuit* is back in Episode 713. Judge Doughty, in granting injunctive relief, ruled that not only is it a cognizable theory of relief (it isn't)... /3
🚨 BREAKING - SANCTIONS ORDER IN MATA V. AVIANCA CHATGPT CASE
Case dismissed and lawyers fined; I've seen that. But this order also contains something I've never seen before: the lawyers have to write each of the judges in their fake opinions & apologize. storage.courtlistener.com/recap/gov.usco…
First, note this is a *THIRTY-FOUR* page opinion. It's not just a sanctions order; it's extensive documentary evidence of the fraud perpetrated on the court by the Levidow, Levidow & Oberman lawyers, LoDoca and Schwartz. /2
From the very beginning, it's clear that Judge Castel wasn't fooled; this wasn't just "boomers r bad at the Internets" - it was "you deliberately created fake opinions and kept going long after you knew you were caught." /3
🚨TRUMP INDICTMENT ASSIGNED TO JUDGE AILEEN CANNON (?) - A THREAD 🧵
Now is a perfectly good time to panic. Or is it? Right now, there’s so much we don’t know, but there seem to be two things that are squarely in tension. /1
The first is that everything we’ve seen about Special Counsel Jack Smith to date indicates someone who is laser-focused on prosecuting high-level crimes of political corruption. Everything we learned yesterday was completely in line with that view. /2
In other words: Smith is not a super-deep triple Xanatos mole out to secretly tank the cases against Trump. He wouldn’t have gotten testimony from Corcoran and Bobb if that were the case. He 100% wants to win. /3
🚨BREAKING - TRUMP INDICTMENT THREAD 🧵
We're not going to release an emergency episode until we get the actual Trump indictment which may not be until Tuesday. What we know now is tentative and from secondary sources, but here’s our best assessment of what to look for. /1
Media sources are reporting the grand jury issued a 7-count indictment against Trump in connection with his illegal retention of Presidential Records. (Quick Andrew & Liz were wrong: Trump is being indicted in Miami - the Southern District of Florida & not Washington DC.) /2
That seems odd, since presumably a 1/6 indictment will be in DC. We’ll have to see. It suggests that the DOJ may be more focused on producing witnesses relevant to Trump’s obstruction of justice, since that largely took place in Florida. /3
Parsing today's surprising (and encouraging!) SCOTUS result in Allen v. Michigan & I wonder if the explanation isn't simply that Clarence Thomas's unhinged, pro-insurrection, anti-democratic views drove Kavanaugh into the arms of John Roberts on the VRA. supremecourt.gov/opinions/22pdf…
I have so many thoughts about this opinion. 1) It begins with an honest-to-god discussion of the legislative history of the VRA, as if the opinion fell to us through a welcome wormhole from 1994. /2
This is what Supreme Court opinions USED to look like. But since when does this court give a damn about what the Congress who passed a law thought it meant as opposed to what Sam Alito thinks it "plainly" means today? /3