Roger Parloff Profile picture
Nov 11 6 tweets 2 min read Twitter logo Read on Twitter
8 days ago Trump’s attys conveyed to Judge Chutkan, thru prosecutors, that Trump took “no position” on whether DC trial should be televised (below). Last night his attys spun 180° & demanded that his trial be televised while spewing a fire hose of attacks at prosecutors ...
/1 Image
... The filing is so extreme that one wonders if it is intended to achieve the opposite of the relief it nominally seeks. It tends to reinforce the rationale behind existing rules *against* cameras by showing the circus that a trial could become. ...
/2bit.ly/47tGSk5
Trump's filing makes 0 references to pertinent rules or cases. Instead, he levels 14 attacks on Biden for politically prosecuting him, with 3 references to “show trials,” 3 to “political trials,” & 1 to a trial bearing “all the ... badges of ... an authoritarian regime.” ...
/3
He says 9 times that he’s been “treated unfairly” by “systematic,” “inexcusable” & “unprecedented” denials, “abridgements,” and “repress[ions]” of his “inalienable” constitutional rights in a “travesty of justice” & a “travesty in darkness” proceeding “behind closed doors” ...
/4
He accuses prosecutors of “egregious lies,” “systematic prosecutorial misconduct,” & pursuing “a dreamt-up unconstitutional charade that should never be allowed to happen again.” Finally, ...
/5
... he says he’s being prosecuted for carrying out his “sacred obligation" to investigate fraud in the 2020 election” and pledges to prove at trial why “he believes it was rigged and stolen.”
Is this the motion he’d file if he really wanted cameras in the courtroom?
/6-end

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More from @rparloff

Nov 10
Judge Cannon’s order today not only postpones many trial deadlines in USA v Trump (MaL)—one by >17 weeks—but suggests she may allow an unprecedented approach to a CIPA issue that may force govt to bring an interlocutory appeal ...

/1bit.ly/40wataa
... The coming dispute involves Classified Information Procedures Act (CIPA) § 4, which permits the govt to turn over classified docs in discovery in a summarized or redacted form so the defense doesn’t see national defense secrets irrelevant to the case ...
/2
... CIPA provides that the way to do this is for the govt to show the docs & proposed redactions to the judge in a sealed ex parte procedure (defense not present) & for defense to simultaneously outline its defense theories to judge, also ex parte (govt not present). ...
/3 Image
Read 9 tweets
Nov 8
A note on govt’s strong response to Trump’s argument—which initially gave me pause—that the impeachment clause bars a president from being prosecuted unless he is first convicted by the Senate after impeachment. (The Senate “acquitted” Trump, tho it voted 57-43 to convict) ...
/1
... Trump’s argument stems from the constitutional text that says punishment for impeachment is limited to “removal from office” but the party “convicted” is nevertheless subject to “indictment.” Trump says the Senate “acquitted” him, so he’s not subject to indictment. ...
/2 Image
... The govt responds that the text merely means that impeachment & indictment serve very different purposes and double jeopardy does not bar undergoing both. Framers said as much in constitutional debates, & there are two DOJ Office of Legal Counsel rulings so holding. ...
/3
Read 5 tweets
Nov 1
Day 3 of the Colo trial to keep Trump off ballot as insurrectionist should begin any moment. I'll be following for @lawfare . We expect constitutional scholar prof. Gerard Magliocca of Indiana Univ school of law to testify for petitioners this morning. ...
/1
... Yesterday we heard from Dr. Peter Simi, of Chapman Univ., an expert in political extremism & political violence in the morning & from Bill Banks, a national security expert & professor emeritus from Syracuse, in the afternoon. ...
/2
... While I wasn't tweeting yesterday, Prof Banks testified that POTUS is the "commander" of the DC National Guard, and had power to deploy its 1,100 members as soon as he saw, on Jan. 6, that the Capitol was under siege & its defenders outnumbered ...
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Read 199 tweets
Nov 1
Allaying my recently expressed concerns, DOJ has filed very strong brief opposing SCOTUS review of its fragile victory last April regarding key felony charge in Jan. 6 & Trump cases: 18 USC 1512c2 (corrupt obstruction of official proceeding). ...
/1

bit.ly/3selsZd
One argument I didn't anticipate is that SCOTUS doesn't typically take interlocutory criminal appeals, which is what these are. Now that DOJ won appeal, it can proceed with prosecutions & then, if defendants are convicted, they can appeal then. ...
/2
USA also argues, as expected, that there's no circuit split--a point basically admitted by 2 of the 3 defendants. ...
/3
Read 7 tweets
Oct 30
In yesterday’s order lifting the stay on the gag order, Judge Chutkan says that “the right to a fair trial is not [Trump’s] alone” & it’s a “basic mistake” to derive "vagueness" from the “mere fact that close cases can be envisioned.” ...
/1

bit.ly/3u1IZgo
... To show the workability of her order, she walks thru 2 of Trump’s posts. This 1st was permissible because it merely “asserts that Defendant is innocent, that his prosecution is politically motivated, and that the Biden administration is corrupt”--permitted under order.
/2 Image
... The 2d, about Mark Meadows (while order was stayed), would “almost certainly violate” it because it “singles out a foreseeable witness for purposes of characterizing his potentially unfavorable testimony as a ‘lie’ ‘mad[e] up’ to secure immunity, ...
/3 Image
Read 9 tweets
Oct 27
This morning govt filed interesting response to Trump’s motions, both sealed & unsealed, alleging that delays in govt discovery require putting off Mar-a-Lago trial until mid-Nov 2024 (after election). Govt says claims are “incorrect & misleading.” ...
/1

bit.ly/45MX1zR
At this point, govt has, it says, provided two defense SCIFs in Miami, within a block of each other, for review & discussion of all classified discovery. ...
/2 Image
... Trump has made much of fact that 9 classified docs were initially available only in DC—because so sensitive. (Govt calls these “special measures” docs.) After govt finally managed to make them available in SDFla, defense waited 11 days to review, it says ...
/3 Image
Read 11 tweets

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