Nothing on the recusal req from Trump for Judge Chutkan yet. But she has filed an order granting special counsel's request to unseal a record (with the proper ID redactions) that could possibly tie Donald Trump to witness intimidation efforts.
Order: documentcloud.org/documents/2397…
Related: Govt asks Chutkan to set narrow limits on what Trump can say about the case due to concerns about prejudicing jury pool.
Link: documentcloud.org/documents/2397…
Special Counsel notes the attacks Trump had made on the special counsels office, and notes lies he has told about the investigation, evidence etc:
Got wanted a narrow wall defined restriction on what Trump can say about the case in DC so he doesn't scare off jurors:
Special Counsel wants the order to also prohibit any contact Trumps defense has with the people of DC for jury surveying without first going through the court for review:
And there is a request for some limits on Trump's attorneys too, though prosecutors note they have behaved of late when speaking to press.
Sorry earlier tweet should say "govt wanted a well defined..."
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Special Counsel Jack Smith responds to Donald Trump's motion to recuse Judge Chutkan: there is no "valid reason" to recuse Judge Chutkan:
"Wrong recusal standard"
Defendant "cherrypicks"
"Manufactures allegations out of bias"
Link to full reply HERE: documentcloud.org/documents/2397…
When the court's comments are taken in a way that isn't "hypersensitive, cynical and suspicious..."
On Palmer:
"Ordinary colloquy cast in a sinister light"
Trump files a motion asking Judge Chutkan recuse from his Jan. 6 case in DC. He argues prejudice, noting her commentary in another J6 case but that is a high bar to overcome; plus it could be parsed differently with a more scrutinizing eye than Lauro's. documentcloud.org/documents/2396…
Laurop points to a remark from Chutkan while sentencing a different J6 defendant. Notice the text in italic emphasized by Lauro. He argues prejudice is the "natural interpretation" of her remarks by the public but again, this is a high bar. And I don't know how strong this arg is
I had little doubt that he would eventually file a motion to have her recuse. Dubious merits aside & even though she sided with him for the most part at his last two motion hearings and was patient with requests.
He's gotta try to throw anything he thinks will stick.
Tick tock.
Mulroe cont:... that using force against political enemies is justified and in his words, 'fuck the law'
Tarrio is looking down briefly.
Mulroe notes Tarrio's communications with Metro PD officer Shane Lamond shows how successful his manipulation efforts are to sympathetic ears
Mulroe wants to address what Jauregui said earlier about Tarrio "helping" law enforcement surrender others involved w 1/6
Mulroe says no - he offered a single name of person involved, wasn't even a pb, so it wasn't an attempt to help LEO, it was just like everything else he did..
TODAY at 10AM ET Proud Boy Dominic Pezzola, who busted open a Capitol window and allowed some of the first rioters to stream into the Capitol on Jan. 6, who ripped a police shield away from an overwhelmed officer, who called his charges phony while on the stand, is sentenced.
Smith argues Nordean didn't go looking for members of congress or assault.
"if substantial means something, it means greater than avg, fair or middling.
Kelly: Agreed but it depends on what framework you're looking at
Smith: we'd argue the framework is other defendants who are accused, convicted of this crme.
Setting aside Nordean's leadership and planning elements, when you set those aside and look at his conduct, its not relatively more substantial than other Jan 6 defendants
TODAY: Proud Boy and seditious conspiracist Joe Biggs, who breached the Capitol not once but twice, who said Jan. 6 was a "warning shot" to a "weak" govt, who wanted to "get radical" and find "real men" to stop the transfer of power, is sentenced today. Hearing at 10am ET.
Friendly reminder: I am here for @emptywheel today. If you can and are able, I hope you may consider supporting her work and by way of her contracting me, my work too.
Biggs has been in prison this whole time. He will report to prison for his sentence. He's not going on probation before he serves time folks. The ruling about what's he's limited to do comes after he's out...on probation.
As for argument that MOSD was a purely defensive entity; Kelly acknowledges it is possible jurors could have seen it that way, but they ultimately did not because of the abundance of evidence suggesting it was offensive.
After Tarrio's arrest, Biggs and Nordean took over command. Biggs told MOSD member he and Nordean had a plan they had discussed with Tarrio. In a private msg, Nordean instructed men to meet at Wash Monument at 10 am and that from there, they'd "march to capitol"