1/There's a story about Ben Franklin emerging from the Constitutional Convention & telling a woman who asked what type of government they’d created, “a Republic, if you can keep it.” The 2024 election is the moment where we find out if we can.
2/If Trump wins in 2024, we lose the Republic. That’s not drama, and that’s not overstatement. That’s what Trump is promising. It's what he's been working on since at least October of 2020. Read the full explanation here: joycevance.substack.com/p/frogs-boiled…
3/On Sunday @washingtonpost reported onTrump’s plans for a 2nd term. It’s not the first time there has been reporting on Trump’s plans for 2025 if he wins a second term, but this article goes the furthest in laying out Trump’s plans in clear reporting. It starts like this:
@washingtonpost 4/It sounds positively Stalinist. most frightening thing about this, to my mind, is that it’s not new. People simply aren’t paying attention. In Oct 2020, before the last election, Trump was already taking steps in this direction. trumpwhitehouse.archives.gov/presidential-a…
@washingtonpost 5/Trump signed an executive order making a change in civil service rules that made it possible to fire employees in policy positions “at will”—for no reason at all. It was too far in the weeds to resonate with folks, when everyone was focused on the upcoming election.
@washingtonpost 6/The order undid the pesky civil service protections that made it impossible to fire FBI agents who were investigating Trump or government lawyers who insisted he play be the rules. It was a harbinger of Trump’s plans for 2025. One of Biden's 1st steps was rescinding it.
@washingtonpost 7/By summer of 2022, there was reporting top Trump allies were working on plans to radically reshape the executive branch of the federal government if Trump won in 2024. They were preparing to purge career federal civil servants and lining up Trump loyalists to replace them.
8/The Washington Post story goes far beyond that, detailing Trump's plan. You should read the whole story. Gift link: washingtonpost.com/politics/2023/…
9/Also mentioned, a plan for putting down any protests against Trump using the military. It’s the stuff of banana republics. It’s a menu for the end of democracy.
10/Trump’s campaign spokesman declined to respond to the Post’s story, saying only, “President Trump is focused on crushing his opponents in the primary election and then going on to beat Crooked Joe Biden,” and “President Trump has always stood for law and order, and protecting the Constitution.” It reminds me of what we’ve learned this week in New York Judge Arthur Engoron’s courtroom: if a witness refuses to answer a direct question, the judge is entitled to draw a negative inference from that failure and reach the conclusion the witness isn’t answering because the answer would be damaging to him.
11/Donald Trump plainly wants to end democracy. That’s not being alarmist, it’s just the truth. as we head into the election, I hope you'll sign up for my Newsletter, Civil Discourse. Let's work together to keep the Republic: joycevance.substack.com/p/frogs-boiled…
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1/Judge Chutkan gives Trump a little extra time, but not as much as he asked for, to complete discovery related motions in the DC prosecution pointing out that the deadlines he seeks would fall too close to trial. Good ruling. Nothing for the court of appeals to find fault with.
2/The Judge also makes a good record on Trump's complaints about discovery, confirming the gov't followed best practices & complied with deadlines. Most importantly she sees through Trump's efforts to delay the March trial date.
3/Trump tries the same strategy of getting permission to delay filing his dispositive motions in the case with reasons that were pretextual. I detail that history here. joycevance.substack.com/p/deep-dive-tr…
1/Tuesday SCOTUS hears argument in Rahimi. The issue is whether, given recent decisions that it’s unconstitutional to limit gun rights more than the Founding Fathers did, the fed'l crime of possessing a gun while under a domestic violence restraining order is constitutional.
2/Congress has said the domestic violence prohibitions in the law are intended to help keep firearms out of the hands of people who have demonstrated that they pose an unacceptable risk to others. But the 5th Circuit didn't see it that way.
3/The 5th Circuit held: “Rahimi while hardly a model citizen, is nonetheless part of the political community entitled to the 2nd Am’s guarantees, all other things equal.” They wrote the "ban on possession of firearms is an ‘outlier[] that our ancestors would never have accepted"
1/The week start offs with a bang with Donald Trump on the witness stand in NY today, toddler-ish lack of self control & all. The Judge has already ruled on fraud claims that, if they succeed on appeal, will end the family's NY real estate business. Still at issue: $ damages.
2/Monday is also the deadline for Special Counsel Jack Smith to respond to Trump’s dispositive motions in the District of Columbia. What’s a dispositive motion? A defendant can attack the legal basis for the case, arguing prosecutors got the law wrong or engaged in misconduct.
3/That's what Trump has done, arguing, the indictment must be dismissed b/c he has presidential immunity, it is infirm for constitutional &statutory reasons, & b/c of prosecutorial vindictiveness and selective prosecution. Special Counsel's responses to the last 3 are due today
1/ Last night in my newsletter I wonder if Judge Cannon, who has been so unstinting in her criticism of prosecutors, might have some to spare for the Trump's lawyers after it came to light they'd concealed a motion to continue they were filing in DC from her.
2/But of course no, she did not. Instead she chastised prosecutors for violating word limits & showed no interest that Trump's lawyers asked her to delay the MAL case because of the DC case, without telling her they'd filed a motion to delay in DC.
3/In my experience, judges get very worked up about this kind of thing. Lawyers have a duty of candor to the court. Judges take it seriously. You can't ask a judge to delay your case because it conflicts with another—when you're asking that judge to delay too. & not disclose it.
1/Three developments in Trump's criminal cases that you'll want to be on top of for today. First, in DC judge Chutkan set a schedule that has jury selection in US v. Donald Trump starting on 2/9. joycevance.substack.com/p/late-breakin…
2/Trump appealed the DC gag order—actually a (very) limited restraining order—to the Court of Appeals. He asked them to suspend it for as long as the appeal takes. His lawyers' claim it prevents him from political speech is disproven by even a quick glance at Truth Social.
3/In the Mar-a-Lago case, Special Counsel filed a “Notice of Defendant’s Motion To Stay Proceedings In The District Of Columbia.” Interesting that they felt they needed to give Judge Aileen Cannon in Florida insight into what Trump was doing in the D.C. case. Read on...
1/The US Atty for the Northern District of Georgia has indicted Arthur Ray Hanson, II of Huntsville, Alabama for making threats against Fulton County DA Fani Willis & Sheriff Patrick Labat on account of their prosecution of Donald Trump.
2/US Atty Ryan Buchanan said: “Our office will labor tirelessly with our federal, state, & local law enforcement partners to help ensure that law enforcement officials are free to serve our communities without the threat of physical attack.”
3/The Atlanta office prosecuted the case because the threat was interstate—made by Alabama resident Hanson against Georgia officials. Others inclined to make threats would do well to heed the commitment the fed'l prosecutors have made here, including a certain former president,