1/Jack Smith got into Trump's phone & the expert who did it will testify to “the usage of these phones throughout the post-election period, including on and around January 6, 2021,” when a mob of Trump supporters attacked the Capitol... politico.com/news/2023/12/1…
2/...after Trump urged them to fight to “stop the steal.” The expert’s review also included “analyzing images found on the phones and websites visited.”
Really bad news for Trump.
3/"The expert...will be able to “specifically” identify “the periods of time during which the defendant’s phone was unlocked & the Twitter application was open on January 6.”
He won't be able to say whether Trump or someone else was using it, although presumably there will be eyewitnesses to help with that.
5/Sounds like the government will use geolocation data from phones to show how people moved from the Ellipse to the Capitol after hearing Trump speak on January 6 & data from WH phones as well.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
1/In Trump’s DC criminal case 2 motions will compete for our attention this week. First, Trump’s motion for a stay while his appeal of rulings against him on immunity & double jeopardy are on appeal. Second, Trump’s motion for additional discovery from the government.
2/The stay dispute is over a Supreme Court case called Griggs v. Provident Consumer Discount, which says that when one party in a case takes an appeal, it takes away the district court’s ability to proceed as to “aspects of the case involved in the appeal.”
3/Jack Smith argues that “any number of matters could arise in this case that are not involved in the appeal,” and Judge Chutkan should continue to act on them while the appeal is working its way through the courts.
1/Friday, in Jack Smith's DC prosecution of Trump, Judge Chutkan rejected Trump’s “big” argument that he couldn’t be criminally prosecuted for acts committed during his presidency because he had blanket immunity for anything he did as president. joycevance.substack.com/p/not-a-quiet-…
2/Trump wanted her to dismiss the indictment. She said no. “The Constitution’s text, structure & history do not support that contention [that charges should be dismissed],” she wrote. “No court—or any other branch of government—has ever accepted it. & this court will not so hold.
3/Chutkan continued "Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass.’” Her full opinion is worth reading. storage.courtlistener.com/recap/gov.usco…
1/ Judge McAfee addresses trial dates, saying August may be too early. He asks the DA how long how much notice they need before trial starts. They say 30 days. Trump's lawyer objects to any trial in August & suggests his client may be running for the presidency by then...
2/Trump's lawyer says "and the preference would be" no trial while Trump is running. He concedes there would be no reason to delay if Trump wasn't the nominee. But he says it would be an extreme form of election interference to try Trump while he's running.
3/ Trump's lawyer: "Can you imagine the notion of the Republican nominee not being able to campaign for the presidency because he's in a courtroom defending himself." The Judge asks if Trump would want to be in the courtroom for all of the proceedings & Sadow waffles.
1/If, as seems likely after oral argument to a 3-judge panel, the DC Circuit Court affirms Trump's gag order at least in part, it will also be endorsing Judge Chutkan’s ability to enforce it if Trump violates the order as trial draws closer.
2/Trump would do well to take note and restrain himself if this happens. But there is little doubt that he will continue to try and exploit the situation politically, while pushing to delay trial until after the election. We are, as we frequently note, in uncharted waters.
3/It's hard to avoid drawing, with the sad news of Rosalynn Carter's death, the comparison between the Carters’-their commitment to the public & their innate goodness-& Trump, who seems intent only on exploiting America for his own purposes. He really doesn’t care.
1/You’d think it would be impossible for Trump to cozy up to Hispanic voters. He announced his 2016 campaign by calling Mexicans criminals & rapists, separated migrant families at the border & more recently has been involved in plans for concentration camps & mass deportations.
2/In 2020 Trump's campaign branded Univision as: “a leftist propaganda machine & a mouthpiece of the Democrat Party.” But @washingtonpost is reporting Univision, recently merged with Mexican Media Company Grupo Televisa, has warmed up to Trump nonetheless. washingtonpost.com/politics/2023/…
@washingtonpost 3/Jared Kushner is on the scene. Kushner arranged for Trump to sit for an hour long interview with Univision last week at Mar-a-Lago. The tone of the interview was extremely friendly given Trump’s history. It consisted of a series of softballs lobbed at the former president.
1/This week, Paul Pelosi, is expected to testify at the trial of David DePape, who viciously attacked him with a hammer in October 2022. DePape was there for Speaker Nancy Pelosi, who was thankfully not at home. nbcnewyork.com/news/national-…
2/In opening statements, prosecutors said they will show that DePape had a list of Democratic officials he planned to attack, including Rep Adam Schiff & CA Governor Gavin Newsom.
DePape’s lawyer told the jury she wouldn’t dispute he committed the attack.
3/Instead, she planned to show that her client believed scores of crazy conspiracy theories and thought he was fighting child abuse and corruption. DePape, a Trump supporter, bought into a whole host of QAnon conspiracy theories.