Some former Bushies and current NeverTrumpers just filed an amicus brief in DC appellate court siding with Judge Chutkan and Jack Smith in presidential immunity matter. They found another part of the Constitution they argue that Trump violated. This is a doozy...
The list includes John Danforth, Barbara Comstock, Chris Shays, Christie Todd Whitman, Mickey Edwards, Paul Rosenzweig, and John Bellinger.
These dunces claim if immunity is allowed in this matter--they suggest it would not extend to other presidential acts such as using "lethal force abroad" bc neocons gonna neocon--a president would use the US military to stay in power.
These "experts" as they call themselves lift most of the evidence from J6 committee, Smith's indictment, a Lin Wood interview, books by Danforth and Jon Karl, a Politico article, and Jenna Ellis' sob story.
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NEW: Jack Smith, in likely vain attempt to keep March 4 trial date, filed another pretrial related to what the jury should be allowed to consider. (All pretrial deadlines now on hold)
Smith wants to preclude the jury from hearing evidence about Jan 6 in his Jan 6 case:
Smith wants to prevent jury from learning about presence of undercover agents:
After warnings by govt officials in 2016 and 2020 that malign foreign influences were attempting to interfere in national elections, Smith wants any evidence related to 2020 warnings kept from the jury
Before this Food Blogger starts preparing for tomorrow night's feast, I thought I'd read through Trump's brief filed yesterday before the DC appellate court on the presidential immunity matter. (Sorry for all the confusing law jargon, non-lawyers!)
Opening salvo:
Trump's argument opposing Judge Chutkan's landmark ruling that presidents are subject to criminal prosecution rests on several factors: historical precedent (never happened before); the fact he was impeached on same charges but not convicted which represent double jeopardy; separation of powers authority; immunity protections for the legislative and judicial branches.
No case law exists to support Chutkan, Obama appointee with record of anti-Trump statements in court, unprecedented decision.
Given the unprecedented nature of Chutkan's ruling, it is outrageous that Jack Smith sought a hasty resolution to this question. Comes down to interpretation of Nixon and Clinton era judgements--neither of which compares to what Biden's DOJ is doing to Trump.
NEW: Jack Smith files response to Trump’s reply to DOJ petition for SCOTUS to expedite consideration of presidential immunity matter.
Smith getting closer to admitting Biden regime wants this trial over and done before Election Day
Some disputed my earlier reporting that due to immunity appeal, all pretrial proceedings were on hold.
Jack Smith just admitted as much
Truly outrageous for a largely failed former prosecutor with zero accountability overturned by SCOTUS in a key political prosecution argues Trump should be denied normal due process rights so Smith can try to win another rigged case for Democrats.
Court filings coming fast and furious this week but this is a stunner.
Former AG Edwin Meese asks SCOTUS to deny Jack Smith's petition to expedite appeal of immunity ruling, argues Merrick Garland broke the law by appointing a special counsel w/o statutory authority:
While noting other special counsels have been US Attorneys, Meese's amici curiae petition (meaning doesn't side with either party) underscores how Smith's appointment is unlawful.
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.
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.