emptywheel (mr. blue sky) Profile picture
Nov 6, 2023 27 tweets 8 min read Read on X
John Lauro should have business cards printed.

documentcloud.org/documents/2412…
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Trump should have business cards printed: Deceit, Trickery, and Dishonesty Social. Image
DOJ argues that Trump's bully pulpit means his was not just one voice among millions, as he himself bragged about -- but in any case, it's a matter for trial. Image
On the same day Trump is testifying about whether his fraud at Trump Org mattered, DOJ included this line in his DC case. Image
I hope someone with interns is keeping a running tally of how many times Haldeman gets cited in this case. Image
The Conspiracy to Defraud section is, unsurprisingly, heavy on fake electors. Here, Jeffrey Clark gets glancing mention. Image
Shorter DOJ: Sure. If you want us to ALSO charge you with false statements, we can do that too. Image
DOJ making good use of the pain sweat and tears that got them to Fischer. Image
Been waiting since at least August 2021 to see how DOJ would argue this.
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And now making good use of the pain sweat and tears to get to Robertson.

Florence Pan in the house... Image
I feel like this was the subject of weeks of discussion. And Trump just teed it up for them. Image
The definition of corruptly for 1512 is still very much a work in progress (but, I've argued, all foreseeable definitions apply to Trump). Which is why this passage is written this way. Image
Really legalistic way of saying it's illegal (under the Klan Act) to steal other people's right to vote. Image
Interesting cake-eating-too move here, to address that some of Trump's actions were committed as President. Image
Lots of Cheap Dates have been making a 1A argument since this indictment. This is how DOJ dealt with it, unsurprisingly.

documentcloud.org/documents/2412…
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Honestly, I may develop a hobby of laughing at the way DOJ and legal commentators make fun of John Lauro for his misuse of citations. Image
Holy shit! Dead-Prigozhin's trolls even made it in here. Image
Get used to seeing this passage. Lauro is making a bid, in this and 2 other motions, for Alito and Thomas to treat this as right wing speech. This is how DOJ will address it over and over. Image
This goes to the core of every legal case against Trump. Image
Mackey, which will be appealed but bc Mackey is not a former President, may not get there first, gets a shout out. Image
This is where DOJ compares Trump's historical analogies, starting with 1800, begins, for the historians in the crowd.

documentcloud.org/documents/2412…
Take that, John Eastman. Image
This section, on the 1876 election, is sort of hilarious. Image
Some guy named Biden features prominently in DOJ's treatment of 2016. Image
This may impact efforts to DQ Trump under 14A. Image
More on DOJ and Incitement to Insurrection. We may have to wait 50 years to learn what prosecutors really thought abt applicability to Trump.

It addresses, but does not answer, a lot of discussion abt insurrection.

documentcloud.org/documents/2412…
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More from @emptywheel

Oct 29
Note that, contrary to common myths about the investigation into Trump, this subpoena PRECEDED Cassidy Hutchison's public testimony (and even Greg Jacob's, by a day).

The precedents were all set before Jack Smith was appointed.
Here's an interesting, almost entirely argument that bears on the immunity case. Trump was invoking Executive Privilege but (as Howell laid out) he was having such convos w/people outside of Exec, like Rudy.

storage.courtlistener.com/recap/gov.usco…Image
Howell ordered second batch of witnesses to testify on November 19. Trump asked for a stay on December 7. In the interim, witnesses testified. That almost certainly means they are 2 Pats & likely Eric Herschmann (which is consistent w/public timeline).

storage.courtlistener.com/recap/gov.usco…Image
Read 5 tweets
Oct 21
Liz Cheney, Maria Shriver, and Kamala Harris sitting on a stage talking about bipartisanship. Image
One dynamic of this I've been tracking is this: Harris SHOULD NOT be talking nitty gritty abt Jan6 bc of the prosecution. Well, Cheney is the expert. And she speaks it well.

As she did, guy in back was nodding over and over. Image
Cheney: In this election, we need to elect the responsible adult.
Read 7 tweets
Oct 18
It's definitely true that none of the files Jack Smith released are new.

But seeing all Trump's tweets in one place are useful as we attempt to prevent him from trying it again.

documentcloud.org/documents/2523…Image
Here's what the legal return of a "fired-by-tweet" tweet looks like. @C_C_Krebs

documentcloud.org/documents/2523…Image
Trump started on attacking 60 Minutes early this year. Image
Read 9 tweets
Oct 15
We're three weeks away from the election, and we have literally no idea what the business relationship with Trump Org and the Saudis/Emiratis is.

No one has asked if either of the failsons (or Lara) will get a job in the White House to cash out for $2B in 4 years.
Back during the Joe Biden Old month, I was begging journalists to focus on just 3 Qs:

1) Is Trump an agent of the Saudis?
2) What deals has Trump made w/Orbán/Putin?
3) Where are the missing classified docs?

emptywheel.net/2024/07/17/boi…
We learned last week (from the NYT, among others!) that Trump is bypassing transition laws, meaning he--and his sons, the Saudi business partners and transition team members--could just get payments from the Saudis all the way until inauguration.

nytimes.com/2024/10/09/us/…
Read 6 tweets
Oct 12
This is a legit question. First, gap arises from delays that were inevitable w/president and first attempt to prosecute one. That took 21 months at least.

Also, it's POSSIBLE Smith is avoiding indicting anyone else until he's sure Trump can't pardon them.
There are VERY subtle suggestions in the immunity filing that several people started cooperating after being exposed in state cases. But Mueller investigation is testament to why you can't cooperate your way up to Trump.
Or let me sum up delay better:
1) Trump conspired through lawyers. Each lawyer's phone/email took 9 months of privilege review.
2) Trump hid behind exec privilege: That took 10 months.
3) Immunity Q had to be decided. That has taken a year, so far.
Read 7 tweets
Oct 10
Judge Chutkan has given Trump 7 days to take legal action to prevent the redactions she approved from being publicly filed. Image
Here's the link to Chutkan's order.

storage.courtlistener.com/recap/gov.usco…
The smart lawyers will weigh in on the posture of this.

But Chutkan ORDERED Trump to weigh in on redactions.

He made no complaints about redactions. So Chutkan was left with, basically, an unopposed proposal on redactions.

I'm not sure that's the strongest appeal posture.
Read 4 tweets

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