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Scott MacFarlane Profile picture
@MacFarlaneNews
Oct 5 • 9 tweets • 2 min read Twitter logo Read on Twitter
FLASH: Trump files motion to dismiss his 2020 election conspiracy criminal case. He argues "Presidential immunity"

"....To ensure the President may serve unhesitatingly, without fear that his political opponents may one day prosecute him for decisions they dislike..."

(MORE)
Trump's atttorneys argue:

"....The law provides absolute immunity “for acts within the ‘outer perimeter’ of [the President’s] official responsibility"
This Trump motion claims: "Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the “outer perimeter,” but at the heart of his official responsibilities as President"
Here's the motion from Trump. 50+ pages of it

It claims "The Doctrine of Separation of Powers and the President’s Unique Role in Our Constitutional Structure Require Immunity from Criminal Prosecution"

storage.courtlistener.com/recap/gov.usco…
Trump takes argument a step further:

"The prosecution of Trump creates or risks the "chilling effect personal liability would have on the President’s decision-making, particularly in “matters likely to ‘arouse the most intense feelings."

The next hearing in this case if Oct 16
Trump defense further argues, "234 years of history and tradition support Presidential immunity from criminal prosecution"

(Jan 6 was also a first in American history)
Trump is arguing that "organizing a contingent slate of electors" and "meeting with state officials" about a federal election are all "at the heart of the President's official duties"

(But prosecutors argue these weren't normal meetings.. it was part of a conspiracy)
In court earlier this summer, Trump's defense attorney John Lauro said this type of "Presidential immunity" motion was coming

Judge Chutkan nevertheless insisted on tight deadlines for motions and challenges. So far... she has not allowed the case to get delayed or bogged down
FLASHBACK: August 28, 2023.. in Trump criminal case in DC:

Trump defense attorney tells Judge Tanya Chutkan: "We're going to be back many, many times" arguing the novel issues in the case"

Judge chuckles and responds: "Can't wait"

• • •

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More from @MacFarlaneNews

Scott MacFarlane Profile picture
Oct 5
ALERT: Former campaign aide to Rep George Santos pleads guilty to conspiracy count. Feds say Nancy Marks acknowledged “falsely inflating the campaign’s reported receipts with non-existent contributions and loans”
Justice Dept says “Marks has admitted that she conspired with a congressional candidate to lie to the FEC and, by extension, the public….”
The court filing today from the Justice Dept in the conspiracy case against Rep. George Santos’s former campaign makes a heckuva lot of references to …… text messages sent by Santos Image
Read 4 tweets
Scott MacFarlane Profile picture
Oct 3
STANDBY- Reporters, cameras, tourists and a larger-than-normal Capitol Police detail have lined the corridor as House Speaker Kevin McCarthy prepares to walk to House chamber. Ahead of votes that could oust him Image
There are three votes in this series. The first two are unrelated

But the first pair of votes ensures an accurate “head count” ahead of the critical third vote. The 3rd vote is a motion to “table” (kill) the effort oust McCarthy.

If the “motion to table” fails, buckle up
Another defector from McCarthy camp:
Read 8 tweets
Scott MacFarlane Profile picture
Oct 2
NEW: In court filing today, Special Counsel Jack Smith accuses Trump of again seeking to delay the 2020 eleciton conspiracy criminal case in DC

Smith's court motion: "On consecutive days last week, the defendant filed two motions for the purpose of delaying trial."

(MORE)
Jack Smith's motion says Trump is seeking delay by challenging classified info procedures

Smith argues, "The charges in this case do not rely on classified material, and the government does not intend to use or introduce such material at trial"
Jack Smith also argues, "Classified material will not play a role in the Government’s case-in-chief, and only a limited amount of such material is discoverable by the defendant"
Read 6 tweets
Scott MacFarlane Profile picture
Sep 29
Standby: House Chamber is filling ahead of imminent vote by House to avert shutdown. House GOP knows this plan won’t fly w/ Dems or Senate (funds border wall, cuts social programs)

It might not even scare up enough GOP votes to pass

One Rep told me “Shutdown is inevitable”
The House Republican infighting over (what appears to be) a doomed bill has been increasingly vitriolic and visceral.

Speaker McCarthy has accused some of his fellow House GOPers of seeking to “burn it down”

Rep Tim Burchett (R-TN) argues there’s been a failure of leadership
Only a limited set of cameras, used by C-SPAN, are permitted in House Chamber. I’ll keep eyes on the rest.

One of the early arrivals: Rep George Santos (R-NY), who faces a court hearing in his federal fraud case in one month
Read 8 tweets
Scott MacFarlane Profile picture
Sep 28
NEW: Justice Dept to seek 19-year prison sentence in Capitol riot case of Shane Jenkins. That'd be the 2nd longest of any Jan 6 sentence so far

Feds: "The defendant’s conduct was, in a word, egregious. He planned for violent insurrection long before his arrival.."

(More) Image
Feds argue: "During the riot, he was the first to smash a window next to the Lower West Terrace tunnel, paving the way for further attacks, and ultimately resulting in rioters creating a new breach point and allowing them to ransack additional rooms.."
Feds about Jenkins: "When his efforts to enter were rebuffed, he repeatedly hurled dangerous projectiles at officers for simply doing their job. Upon his return home, he took to social media to revel in his violent conduct. Far from expressing remorse he continues to spread lies"
Read 8 tweets
Scott MacFarlane Profile picture
Sep 27
FLASH: Judge Tanya Chutkan denies Donald Trump's request that she recuse herself from his 2020 election conspiracy criminal case in DC
Judge Chutkan's ruling: "The defense cites only two cases where a judge’s prior statements were considered disqualifying, and neither applies to this case."
Judge Chutkan (more): "This court has from the beginning repeated its commitment “to ensure the orderly administration of justice in this case as [in] any other case.”
Read 6 tweets

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