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Julie Kelly 🇺🇸

Dec 13

NEW: Donald Trump just filed response to Jack Smith's demand to expedite appeal of Judge Chutkan's presidential immunity order at DC appellate court. This is separate from response due next week related to similar request before SCOTUS:

"This appeal presents novel, complex, and sensitive questions of profound importance. Whether a President of the United States may be criminally prosecuted for his official acts as President goes to the core of our system of separated powers and will stand among the most consequential questions ever decided by this Court. The manifest public interest lies in the Court’s careful and deliberate consideration of these momentous issues with the utmost care and diligence."

The 3-judge panel at appellate court that will first decide the appeal includes 2 Biden appointees and one Bush appointee (all women)

Discovery so far, Trump's lawyers wrote, is "equivalent to the Washington Monument, stacked on top of itself eight times, with nearly a million pages to spare.”

DOJ, per usual, foot-dragging discovery. Judge Cannon in classified docs case scolded DOJ numerous times for not fulfilling discovery obligations/deadlines.

Judge Chutkan turns a blind eye.

In fact, one of my favorite Chutkan moments was when Trump's defense attorneys during a hearing in late August complained about the voluminous amount of discovery involved in the case--Chutkan replied that they should have been collecting evidence for the past year bc they "knew" the indictment was coming.

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Julie Kelly 🇺🇸

@julie_kelly2

Dec 10

New: Last night, Jack Smith filed a motion objecting to Trump's demands for vast amounts of evidence from various agencies including DHS and J6 committee.

I will post some highlights...

It appears DOJ is part of the scandal of the missing Secret Service texts. As I reported a few days ago, thousands of texts between 2 dozen Secret Service officials/agents including the director and Robert Engel--the agent Trump allegedly attacked on J6 according to Cassidy Hutchinson--were deleted at the end of Jan 2021.

USSS claimed the purge was caused by a pre-planned reset of devices--and it happened after House Dems notified exec branch to preserve records related to Jan 6.

J6 committee subpoenaed the texts only to be told they were not recoverable. Now it looks like DOJ had actual phones but still could not find the deleted messages?

This is insane--no one can possibly believe this given the invasive tools the govt has and has used in this investigation.

This is in addition to Biden's DHS refusing to give House GOP numerous transcribed interviews with Secret Service officials--also apparently the one with Engel.

WHAT IS THE SECRET SERVICE HIDING?

Well, this is some stunning logic right here.

Law enforcement and those officials duty-bound to secure the Capitol (Sergeant-at-arms for Pelosi and McConnell to name a few) are not to blame for what happened but Donald Trump--who is not responsible--is?

DOJ continues to conceal info related to extensive use of undercover police from numerous agencies and deployment of FBI informants before and on Jan 6.

Defendants cannot get access to this crucial evidence (see @FreeStateWill) as govt refuses to account for these assets.

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Julie Kelly 🇺🇸

@julie_kelly2

Dec 8

Reading now DC appellate court ruling that mostly upholds gag order on Trump.

One thing is very clear: This panel strongly refuted the media's description of the order as "narrow."

"The district court’s order, however, sweeps in more protected speech than is necessary."

On balance--while the Dem judges certainly take their shots at Trump--the decision is a defeat for Judge Chutkan and Jack Smith in particular.

As far as public statements re potential witnesses--Chutkan prohibited all comments on those individuals including former WH officials.

"The district court’s ban on speech that 'targets' witnesses and trial personnel reaches too far. The ordinary meaning of statements that 'target' a person is statements aimed at or directed toward a person or entity."

This ruling narrows the scope to include statements "concerning their potential participation in the investigation or in this criminal proceeding."

Noting that potential witnesses including individuals who speak critically of Trump (Bill Barr, Mark Milley, Mike Pence), the judges argue Trump has a right to fight back as long as it doesn't pertain to the trial.

"Mr. Trump has a First Amendment interest in publicly debating those individuals’ commentaries in a way that is independent of and disassociated from any role they might have in the trial. Yet the Order would proscribe such speech because it would speak about someone who is a reasonably foreseeable witness, even if Mr. Trump’s speech would have nothing to do with their witness role or the possible content of any testimony."

OMG LOL this is so embarrassing for Jack Smith.

Recall--Smith is the one who asked for a gag order prohibiting Trump from posting mean things about him.

3 Dem judges basically said: put your big boy pants on

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Julie Kelly 🇺🇸

@julie_kelly2

Dec 5

New: Jack Smith just filed a motion describing the evidence he plans to use in Trump's J6 trial in DC.

It's like reading the J6 Committee TV script:

* Historical Evidence of the Defendant’s Consistent Plan of Baselessly Claiming Election Fraud

* Historical Evidence of the Defendant’s Common Plan to Refuse to Commit to a Peaceful Transition of Power

* Evidence of the Defendant and Co-Conspirators’ Knowledge of the Unfavorable Election Results and Motive and Intent to Subvert Them

* Pre- and Post-Conspiracy Evidence That the Defendant and Co-Conspirators Suppressed Proof Their Fraud Claims Were False and Retaliated Against Officials Who Undermined Their Criminal Plans

* Pre- and Post-Conspiracy Evidence of the Defendant’s Public Attacks on Individuals, Encouragement of Violence, and Knowledge of the Foreseeable Consequences

* Post-Conspiracy Evidence of the Defendant’s Steadfast Support and Endorsement of Rioters

The motion is stunning in its level of sophistry, demagoguery, and hypocrisy.

The same DOJ that concocted the Trump-Russia election collusion hoax in 2016 to derail his candidacy/presidency now claims Trump tried to undermine the transition of power that year.

Smith cites Trump's recent comments about excessive sentences for Proud Boys and promises to pardon J6ers as evidence he supported the "riot."

Smith will use proposed pardon to impeach credibility of defense witnesses, esp anyone tied to Jan 6.

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Julie Kelly 🇺🇸

@julie_kelly2

Dec 3

The public is realizing that a combo of ineptness and excessive force by police on J6 prompted much of the violence.

Improper use of munitions including chemical spray resulted in "friendly fire" injuries. Here is how MPD Sergeant Jason Mastony approached the scene at 2pm:

No violence on this side of the building (west) at this point. Exterior perimeter had been breached an hour earlier; DC and Capitol police started using munitions around 1:10pm and continued despite a legit mostly peaceful crowd.

Unknown number of protesters injured like here:

This officer testified he had never been at the Capitol as an officer. (Others have said the same.) Officers continue to assault people even as another protester is clearly injured on the ground...

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Julie Kelly 🇺🇸

@julie_kelly2

Dec 2

New: To no one's surprise, Judge Chutkan, in typical hyperbolic fashion, denied Trump's motion to dismiss Jack Smith's J6 indictment on constitutional and immunity grounds.

Her "king" reference is the same language she used in her 2021 order forcing Trump to turn over records to J6 committee:

Bwahahaha - breathe -- bwahahaha ok judge

Nope she has not already made up her mind on the charges. Not at all!

Recall she recently denied Trump's motion to strike inflammatory language from Smith's indictment. Now we know why--she adopts them

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