Joyce Alene Profile picture
Dec 22 6 tweets 2 min read Read on X
1/Supreme Court tells Jack Smith no--they won't jump over the court of appeals and consider Trump's immunity motion expeditiously Image
2/This is bad news for Judge Chutkan's March trial date, because even if the court of appeals rules quickly, Trump gets 90 days to file for cert, and he can ask for the full appellate court to rehear the appeal en banc, with all of the judges present, as an intermediary step.
Special Counsel laid out the potential for delay is his reply brief yesterday Image
4/One possibility is for SCOTUS to take the case immediately following a ruling by the court of appeals, without delay. Smith asked them to treat the appeal that way if they denied his request, and they don't seem to have ruled in that regard today.
5/Some folks are speculating SCOTUS could let the court of appeals rule & just affirm them. That is a possibility, but this is a major question of first impression involving presidential immunity & that would be surprising, perhaps even an abdication of responsibility.
6/One ray of hope here for those concerned about delay: no Justice dissented from the denial of cert in advance of judgment. Perhaps that signals some sort of undisclosed understanding on the Court to handle the matter quickly. But really, we have no clarity about what to expect.

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More from @JoyceWhiteVance

Dec 19
1/Depending on where you live, it may seem impossible for the country to reelect Donald Trump. I hear that from a lot of people. But the truth is, it’s not. Some of our fellow citizens, inexplicably, do not see the fraud & risk of fascism in front of them. Here's Reno last Sunday Image
2/Trump told the crowd in Reno: “We're going to win 4 more years in the White House, then after that we'll negotiate. Based on the way I was treated; we're probably entitled to another four after that." That's the leading GOP candidate saying he'll end the Constitution.
3/Here's the appeal to Christian nationalism & fascism in case the one above is too subtle. Image
Read 9 tweets
Dec 11
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.
Read 5 tweets
Dec 11
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.
Read 8 tweets
Dec 3
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-…
Image
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…
Read 16 tweets
Dec 1
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.
Read 4 tweets
Nov 21
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. Image
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.
Read 5 tweets

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