Dem judges did not sound convinced during oral arguments in Couy Griffin 1752 appeal that the statute did not require foreknowledge of a Secret Service protectee.
Trump’s attorneys tonight in classified docs case file bombshell motion for discovery—again insists Special Counsel Jack Smith is concealing evidence including voluminous records demonstrating collaboration btw Biden White House, NARA, DOJ, FBI, and intel agencies:
Joined by attorneys representing his 2 co-defendants, Team Trump again asks for records related to Biden’s DOE attempting to retroactively remove Trump’s security clearance AFTER Smith’s indictment.
Dirty isn’t even the word for these prosecutors and judges.
Keep in mind the chief judge overseeing the illicit use of a DC grand jury for a FLA investigation was Beryl Howell, who just got her ass handed to her by 4 appellate judges on Trump Twitter search.
Holy sh*t: 4 judges on DC appellate court just delivered a scorching smack down of Special Counsel Jack Smith, Judge Beryl Howell, and Judge Florence Pan for search of Trump’s Twitter file.
“The Special Counsel’s approach obscured and bypassed any assertion of executive privilege and dodged the careful balance Congress struck in the Presidential Records Act.”
H/t @FamilyManAndrew
The court denied Twitter’s request for en banc (full court) consideration of decision by 3-judge panel that upheld Judge Beryl Howell’s order for Twitter/X to turn over all data for Trump’s Twitter account to Jack Smith and prevent company from notifying Trump.
This by Judge Naomi Rao is a withering condemnation of Judge Howell (district court) and Judge Pan (*this court*) about their decisions to brazenly circumvent normal exec privilege litigation process to give Jack Smith what he demanded.
In August, DC appellate court overturned Biden/Graves DOJ sentencing requests for those convicted/pleaded to "parading" in the Capitol--a common J6 misdemeanor.
DOJ and judges unlawfully asked for/granted jail time and probation for "paraders"...
DOJ/judges knew they were violating sentencing guidance but didn't care. (A few judges denied DOJs request for split sentences based on what appellate court eventually concluded--they were illegal.)
At least 60 J6ers received "unlawful" sentences.
James Little appealed. He served 60 days in jail and was placed on 3 years' probation. Appellate court vacated his sentence and sent back to judge.
But instead of Matthew Graves taking the L, he sees the appellate order as an opportunity to start from scratch. Never mind Little already served his jail sentence and has been on probation for almost 2 years.
Graves is prepared to ask Judge Hogan for a LONGER probation term or--more jail time.
The reason why judges--including Judge Tom Hogan (Reagan) in the Little case--ordered 3 years' probation was to permit the government to monitor J6er behavior thru 2024 election. They made no attempt to hide it.
So to bolster his argument Little should serve more prison time or a longer probation sentence bc he could become a repeat "parader" in 2024, Graves scoured Little's social media accounts.
Graves attached 33 pages of screenshots of Little's FB account.
THIS IS FOR A PETTY OFFENSE USUALLY HANDLED BY DC LOCAL COURT IF AT ALL.
Oral arguments start on Trump's appeal of Judge Chutkan's order denying his motion to dismiss Special Counsel Jack Smith's J6 indictment on presidential immunity grounds.
Judge Pan (Biden) Michelle Childs (Biden) Karen Henderson (GW Bush)
Judge Childs out of the gate arguing with Trump's lawyers about jurisdiction.
Judge Pan wants to know if a president can be prosecuted for selling pardons or nuclear secrets.
Lots of back and forth about which crimes a president could be prosecuted on. Both Biden appointees interrupting constantly.
LOL JUDGE CHILDS just claimed prosecutors are "impartial" and doesn't make "political judgements" to charge.
Debate now centered on which allegations in Smith's indictment can be considered official presidential business v private conduct.
Trump's lawyer arguing discussion related to who should run DOJ is clearly presidential business.
One controversy is whether criminal prosecution represents double jeopardy since Trump was impeached over same allegations.
Chris Wray in March 2021 designated J6 an act of terrorism. This allowed for special treatment of J6 defendants. Including a special jail in DC for Trump voters.
Biden’s DOJ routinely asked courts to deny bail for nonviolent offenders with no criminal record as a away to “deter” more “terrorist” acts. To which judges consented.
In sentencing memos for seditious conspiracy convictions—and even for obstruction—DOJ cited comparable sentences for al Qaeda and ISIS terrorists.
Not sure why DOJ or media now backing off claims this regime has made IN COURT.
Now that DOJ is caught red handed, they want to pretend these defendants have been treated the same as anyone else.
At least 100 J6ers denied release pending trial. Even those accused of assaulting police in DC—there is no comparison.
Jail time for those pleading or convicted of “parading” in the Capitol. A petty offense the then chief judge at the time admitted federal courts in DC NEVER deal with.
Men denied bond on 1512c2–a matter now before SCOTUS. Defendants denied release for vague “conspiracy” charges.
If any legal eagle can point to a similar case of Julian Khater—denied bond for allegedly spraying Brian Sicknick who spent 18 MONTHS in DC gulag before he was tormented into a plea deal then sentenced to more than 6 years in jail—maybe I’ll believe they aren’t political prisoners or hostage. That’s just one of many disparities.
DOJ has a special website archiving every defendant, every charge, every settlement.
This is unprecedented. No such website exists for 2020 rioters in DC who did far worse.
Actually—DC US atty office DROPPED all charges against rioters in DC who injured federal officers on federal property and tried to attack the White House.
Matthew Graves—Biden appointed DC US attorney—negotiated a SETTLEMENT with DC 2020 rioters who sued federal LEO agencies. Graves claimed police were to blame for excessive force.
Hostages are held by a regime to send a message of force and punishment if the opposing party does not submit.
Thread on origins of "insurrection" description related to January 6.
Like all bad things, it started with Mary McCord nine months before J6. She claimed Trump's April 2020 tweets to "liberate" three states from COVID lockdowns represented an "incitement" to "insurrection."
Of course, the FBI helped McCord advance her claim: governors in 2 states (MI and VA) would be part of the FBI concocted plot to "kidnap" and "kill" anti-Trump governors:
During summer 2020, NeverTrump forces including John Podesta, Donna Brazile, and Bill Kristol led "war games" under the "Transition Integrity Project" that discussed Trump's potential use of Insurrection Act to stay in power.