Two examples that Smith's team offers in which judges made comments that did not require recusal?
The Watergate-era trial of H.R. Haldeman and the more recent plea deal of Trump's former NSA Mike Flynn documentcloud.org/documents/2397…
MORE: Proescutors note that Chutkan has handled dozens of Jan. 6 defendants, many of whom have sought to pin their conduct on Trump. Chutkan's comments about Trump came as she rejected those arguments, they noted, and were rooted in her numerous J6 cases.
NEW: Prosecutors say there are no legitimate grounds for Judge Chutkan to recuse from Trump's Washington, D.C. criminal case, despite Trump's "cherry-picked" claims.
The House is free to express its disapproval of the Jan. 6 committee anytime, but this notion they will simply rescind the subpoenas or contempt votes of an earlier Congress — and that it will have some meaningful legal effect — is fanciful.
It’s become a litmus test on the right in recent weeks. But whether a contempt occurred in an earlier Congress is up to that Congress. It would be a form of legal chaos to allow Congresses years or decades later to try to unravel prior contempts that were already prosecuted.
For context: This has become a rallying call on the right, particularly since Judge Nichols ordered Steve Bannon to prison by July 1. Some candidates and members are openly promising to do this, as though it has some practical effect.
👀 Justice MERCHAN has notified the parties in Trump's case that a stray comment was posted on the NY court system's Facebook page on May 29, a day before Trump's conviction.
It does seem likely to be a fake — but Merchan didn’t indicate one way or the other whether he considered it serious. May have been sharing out of an abundance of caution in case others saw the screenshot.
BREAKING: Steve Bannon has been ordered to surrender to prison by July 1. Judge Nichols has revoked his bail.
Bannon’s sentence for defying the Jan. 6 committee’s subpoena has been on hold while he appealed. Today, Judge Nichols (a Trump appointee) ruled that the original reasons for staying the sentence no longer be er applied.
Bannon’s sentence would run through early November.
BANNON and his lawyer David Schoen are speaking to press now.
HAPPENING NOW: The jury has signaled it has a note for the judge, so everyone is reconvening for an update. Unclear what the subject is.
I've seen some quick verdicts in cases, but that would be a shocker here. I've also seen juries deliberate for hours before sending a note that makes it sound like they've barely scratched the surface and maybe need troubleshooting help accessing evidence.
MERCHAN says the note came in at 2:56. It contains 4 requests.
1) Pecker's testimony re phone call with Trump 2) Pecker's testimoyn regarding decision not to finalize and fund McDougal's life rights 3) Pecker's testimony onTrump Tower meeting 4) Cohen on Trump Tower meeting
JUST IN: Unsealed filing in Trump Florida case says there were two rounds of classified documents discovered at Mar-a-Lago *after* the FBI search. storage.courtlistener.com/recap/gov.usco…
Judge HOWELL also found last year that prosecutors provided sufficient evidence that Trump sought to hide classified documents from prosceutors. It was part of her ruling granting crime-fraud exception to attorney-client privilege. storage.courtlistener.com/recap/gov.usco…
This entire opinion from Judge Howell assessing the evidence prosecutors presented on Trump's "willful retention" of classified docs and efforts to obstruct the probe is extraordinary.
She described Nauta as "dissembling" in his FBI interview as well.
HAPPENING NOW: Trump lawyers and prosecutors began the day with a lengthy sidebar with Justice Merchan, unclear on whaat subject. Cohen cross-examination to resume imminently. politico.com/trumptrial
NEW: Bob Costello, a longtime Giuliani attorney and potential Trump defense witness, used yesterday's trial off-day to savage Michael Cohen in testimony to Congress.
Cohen has accused Costello of being part of a Trump-backed effort to pressure him against "flipping" politico.com/live-updates/2…
COSTELLO said Cohen repeatedly told him in 2018 that he had no evidence to incriminate Trump. Cohen testified Tuesday that he didn't tell Costello what he knew because he didn't trust him. politico.com/live-updates/2…