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Roger Parloff Profile picture
@rparloff
Sep 21 • 3 tweets • 2 min read Twitter logo Read on Twitter
Due to filing error last week, the govt's actual proposed gag order in USA v Trump (DC) was not filed. It finally was just now (at my request). It's attached. ...
/1
bit.ly/3t4NUgn
Key provision would bar "parties" et al. from statements that pose "material likelihood of material prejudice," including statements re "identity, testimony, or credibility of ... witnesses & disparaging & inflammatory or intimidating statements about any party, witness ... " Image
" ... or potential jurors. The defendant is also prohibited from causing surrogatees to make such statements."
The order would also specify (below), that defendant *can* refer w/o comment to public records ... & say "without comment that the def denies the charges."
/3-end Image

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More from @rparloff

Roger Parloff Profile picture
Sep 20
In GA v Trump, state asks Judge McAfee to inquire into conflicts of 6 defense lawyers who it says previously rep'd people who will be witnesses for state. Inter alia, says one def lawyer will be state's witness & also says L. Lin Wood will be witness! bit.ly/45VprbZ
Included are lawyers for defs Ken Chesebro, Jeff Clark, David Cheeley, & Ray Stallings Smith. State says it plans to call Cheeley's lawyer, Chris Anulewicz--former atty for Raffensperger--to testify that Jan 2 Trump call to Raffensperger was not a settlement negotiation. Image
Here's the passage asserting--quite surprisingly--that unhinged atty L. Lin Wood will be a witness for state of GA in this case. Image
Read 4 tweets
Roger Parloff Profile picture
Sep 19
At 8:30am Judge Mehta will rule on Oath Keeper (affiliate) Tom Caldwell's motions for acquittal notwithstanding the jury verdict. I'm at court. Not sure if media room (where devices are permitted) will be covering this. If not, I'll cover & report afterward.
/1
If you remember, Caldwell was charged with seditious conspiracy among other things. But last November he was acquitted of all the conspiracies & convicted only of obstructing an official proceeding & tampering with evidence. He's challenging those 2 counts here.
/2 Image
As to corruptly obstructing an official proceeding, he says there's insufficient proof that he acted "corruptly."
As to tampering with evidence, he says there's no proof that he knew an official proceeding--a grand jury probe--was underway, as is required.
/3
Read 32 tweets
Roger Parloff Profile picture
Sep 15
Judge Chutkan has ordered public filing — any minute now — of a redacted govt motion alleging that Trump "targeted" certain individuals with “inflammatory public statements” and they “were subsequently subjected to threats & harassment.” ...
/1bit.ly/46aSoQP
... The document will redact the names of the targets of harassment & will withhold “witness interview transcripts describing the threats & harassment they rec’d.” Trump’s lawyers asked to make names of alleged victims public citing 1st Amendment ...
/2
... The govt evidently considers Trump's conduct a form of witness intimidation that “could affect the willingness of any of the targeted individuals to participate in the law enforcement process” & “chill testimony of other potential witnesses.” ...
/3 Image
Read 16 tweets
Roger Parloff Profile picture
Sep 15
A couple quick notes on the govt response to Trump’s motion to recuse Judge Chutkan, which was filed last night.
The govt found a controlling precedent that seems to fit this case like a glove ...
/1
bit.ly/3PFsG1r
In the 1970s, the top Watergate defendants tried to recuse Judge John Sirica from their case because, in an earlier Watergate case, Sirica had, inter alia, “expressed the belief that criminal liability extended beyond the seven persons there charged.”
/2
That is exactly what Trump speculates Chutkan was hinting at when she remarked at a J6 sentencing—with incontestable accuracy—that the J6 mob evinced “a blind loyalty to one person who, by the way, remains free to this day.”
/3 Image
Read 7 tweets
Roger Parloff Profile picture
Sep 13
Preliminarily, looks like govt won most disputed issues relating to the CIPA protective order in USA v Trump (MAL). Nauta's PO does not let him see any classified docs except for redacted version of one depicted in this photo.
/1
Image
Image
Similarly, De Oliveira's Protective Order seems to only allow his atty--not De Oliveira himself--to view classified docs. (Same with Nauta except for above exception.)
Also, language in PO says nothing about letting Trump have a facility at MAL to discuss docs with attys ...
/2
... The protective orders also seem to reject use of Trump's proposed open-ended language regarding the definition of defense team's "staff" to whom Trump could show docs ...
/3
Read 8 tweets
Roger Parloff Profile picture
Sep 13
While awaiting govt’s response to Trump’s motion to recuse Judge Chutkan (due 9/14), I made inquiries. “I don’t ordinarily make predictions,” Prof Bruce Green of Fordham LS responded, “but in this case it seems unlikely to me that Mr. Trump’s motion will get any traction.” ...
/1
... Green’s full comment is below. “Here, the judge’s statements in two prior cases do not come anywhere near to showing the level of antagonism toward Mr. Trump that would be required to compel the judge to disqualify herself.” ...
/2 Image
... I reached out to several other experts and will report back if they respond. Meanwhile, the key SCOTUS precedent, per Green, is Liteky v. United States (1994), which is mentioned only glancingly in Trump’s motion. ...

/3supreme.justia.com/cases/federal/…
Read 15 tweets

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