JUST IN: Jack Smith, who continues to file things as though March 4 trial date will remain, says Trump should be barred from telling jury he was targeted for prosecution by Joe Biden. It’s not just wrong, he says, but irrelevant to whether evidence proves his innocence or guilt.
Among other things Smith wants Trump barred from raising to the jury:
-Agency prep for Jan. 6
-Undercover agents in J6 crowd
-Alleged foreign influence in 2020
-Cross-examination Qs to witnesses that might infringe on valid privileges.
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WHILE YOU WERE SLEEPING (again): The Justice Department asked a court to urgently “dissolve” or “modify/clarify” the sweeping order that blocks Musk allies — and political leadership in Treasury from accessing the government’s massive payment system. storage.courtlistener.com/recap/gov.usco…x.com/kyledcheney/st…
The order describes Judge Engelmayer’s original block as an “impermissible” incursion on the Executive Branch and an “anti-constitutional” move that damages Treasury leadership’s ability to do its job.
NOTABLE: The Trump admin is already negotiating with the states who filed the lawsuit to narrow the order. And the judge currently presiding over the case has ordered this to move lightning fast.
BREAKING: Judge Nichols has issued his written order formalizing his decision to block the Trump administration from putting 2,200 USAID workers on leave tonight.
Nichols also has blocked the expedited "repatriation" of 1,400 foreign service officers ordered as part of the dismantling of USAID. politico.com/news/2025/02/0…
NICHOLS: "Administrative leave in Syria is not the same as administrative leave in Bethesda."
HAPPENING NOW: Lawyers for the government say at end of day 2,200 USAID employees will be placed on paid leave.
-500 already on leave
-600 employees will be kept on.
Lawyers for USAID workers say this essentially means employees will, within hours, be cut off from government systems, including or people in "war-ravaged" areas who rely on security updates. It will also imperil partner organizations who depend on those workers.
Judge NICHOLS is drilling down on the harm that will be caused to the 2,200 workers beign put on leave tonight. The lawyers for the workers say they'll be in an "information vacuum" in potentially dangerous situations, cut off from payments, could have diplomatic immunity revoked
In court just now, the states are introducing @PressSec tweet saying the funding freeze is still active as evidence that their lawsuit should continue.
Judge MCCONNELL says that prior to the withdrawal of OMB's spending freeze memo, he was inclined to issue a temporary restraining order given the lack of clarity/potential for harm. Now he thinks there may need to be case-by-case legal actions as funding is blocked.
The states say the WH statements suggest the original, sweeping spending freeze is still in effect, even if the OMB memo describing it has been pulled. The harm continues, they say, so they want a restraining order.
NEW: Judge CHUTKAN is now weighing in on Trump's mass dismissal of Jan. 6 cases, saying it "cannot whitewash the blood, feces, and terror that the mob left in its wake." politico.com/news/2025/01/2…
Chutkan's comments closely followed Judge Beryl HOWELL, who lit into Trump's dismissals for stoking a "revisionist myth" about what happened on Jan. 6 and the criminal cases that followed. politico.com/news/2025/01/2…
SIDE NOTE: There are all kinds of ancillary issues cropping up w/ J6 dismissals. Judge Mehta notes that he may not be able to "dismiss" a conviction that has been finalized. Judge Bates wants to know whether he can still penalize a defendant for violations of release conditions.
HAPPENING NOW: Judge Howell is lighting into Giuliani for violating an order — that he voluntarily entered into — against further defaming Ruby Freeman and Shaye Moss.
Moments before the hearing began, Giuliani attacked Howell as "bloodthirsty." He keeps trying to speak over her
Giuliani is attacking Howell even as the hearing is underway.
GIULIANI is taking the stand as lawyers argue over the worth of his assets that are not already subject to the Moss/Freeman deposition litigation. He has been sworn in. Howell emphasizes this will be brief.