NEW: Jack Smith has responded to Trump’s opposition to SCOTUS granting cert in his immunity case. Smith basically says Trump’s arguments that he was acting under color of his office are moot. We aren’t arguing the merits. We’re arguing whether SCOTUS will grant cert. 1/
Jack also argues that this case IS important and that’s precisely why it needs to be decided before the appeals court rules. Trump’s argument that it should go SLOW because it’s important makes no sense and has no basis in precedent. 2/
Jack says the nation has a compelling interest in the outcome of this case ASAP, whether its conviction or ACQUITTAL. The national interest has no bias. It demands a swift resolution. 3/
Besides, SCOTUS, you grant cert all the time. Remember when you granted cert for Biden’s student loan case before the appeals court decision so you could quickly deny debt relief for millions? Well, we’ve got a trial in 3 months so this is probs at least as important. 4/
Oh. And the Meese Amicus? First, it shouldn’t even be read because it’s immaterial. But also, have you read it? LOL. It’s ridiculous and should be ignored. 5/
What’s interesting is Smith wasn’t required to respond to Trump’s opposition, but he has. Just in case SCOTUS wanted one.
It is now up to SCOTUS to grant or deny cert, and set arguments if they grant. The ball is in their Supreme Court. END/
NEW: Donald Trump has filed his opposition to Jack Smith’s petition for SCOTUS cert by arguing that the DoJ got the question wrong. (He can’t really argue that he doesn’t want SCOTUS to hear the case.) 1/
Trump is arguing that he’s immune because what he did is part of his job. He’s also asking SCOTUS to wait for the appeals court to rule on this. 2/
Trump insists that DoJ wants to go fast for partisan reasons, not the interest of the public. As a member of the public, I disagree. 3/
THREAD: From the ODNI's report on foreign influence in the 2022 midterm elections: "Russian actors also targeted left-leaning audiences by suggesting that US support to Ukraine risked war with Russia." Boy, that sounds familiar, doesn't it? 1/
"Moscow also continued to promote allegations that POTUS & his family were involved in corrupt activities connected to Ukraine. For example in May 2022 Russians claimed that charitable foundations linked to the Clintons & Hunter Biden funded bio research labs in Ukraine." 2/
"Russian influence actors cast aspersions on the integrity of the midterm elections, including by claiming that voting software was vulnerable, Americans expected cheating to undermine the midterm elections, and democrats were stealing the elections." 3/
Still thinking about this letter from Trump refusing to accept the evidence exhibit list & additional discovery Jack Smith sent over because the proceedings are stayed. This will bite Trump in the ass later and is demonstrative of his inability to think ahead. 1/
Every single delay Donald has asked for comes on the heels of an unfounded complaint that the government is slow, burdensome, and disorganized with discovery. Regardless, Judge Chutkan has granted a few small extensions here and there. 2/
But refusing discovery & exhibit lists kinda undercuts any future argument whining about discovery being too slow & burdensome. Once SCOTUS or the Circuit (or both) deny Trump’s immunity claim & the trial is back on, I can envision the following scenario: 3/
THREAD: 1512(c)(2): So SCOTUS has agreed to take up the Fischer case and everyone seems a bit worried that this could nullify two of the four counts against Trump in the DC indictment of SCOTUS finds in favor of Fischer. A little background: Fischer is a 1/6 rioter... 1/
Who filed a motion to dismiss because he argues that he didn't obstruct an official proceeding (the 1/6 certification) by destroying or altering a document or record - despite 15 other judges ruling that's not what the law says, and the appeals court finding for DoJ. 2/
Pretty much EVERYONE except Fischer and Trump seem to think that you have to destroy or alter records to violate 1512c. But folks are worried that SCOTUS could gut 1512c by ruling in favor of Fischer and finding that you have to screw with documents. 3/
My secret hope for how all this shakes out: SCOTUS gets trump's filing on December 20 opposing Jack Smith's petition for cert, and shortly thereafter denies cert. Meanwhile, the Appeals court rules in favor of Jack Smith denying trump's immunity claim. 1/
Then Jack Smith files petition for cert again with SCOTUS, who denies it. The appeals ruling stands, and the trial is back on March 4 or close to it.
My second favorite scenario is as follows: 2/
SCOTUS gets trump's opposition on December 20th, and GRANTS cert. They set arguments for Jan/Feb and render a decision within a few weeks after that in March. Trial is pushed to April/May (we all know the Mar a Lago trial ain't happenin' in May). 3/
The stay granted in the DC case today is NOT a surprise if you've been listening to the Jack Podcast. Interlocutory appeals must be decided before trial. There isn't anything to be upset about - unless you're trump and you're upset the courts are fast-tracking this. 1/
For a while now, we've been discussing the ONE thing that could delay the March 4 trial, and that's the interlocutory immunity and double jeopardy appeal filed by trump. 2/
BUT, SCOTUS and the appeals court have both granted expedited briefing schedules to consider this case. We were worried they WOULDN'T. But they HAVE. We're still all good an on track for now. 3/