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Julie Kelly 🇺🇸

@julie_kelly2

Feb 15

To demonstrate how preposterous it is for Jack Smith to first demand a 6-month indictment-to-trial timetable for Donald Trump and now push SCOTUS to deny Trump's stay application for appellate court decision so Washington trial proceedings can restart in hopes of achieving a conviction before Election Day, let's look at the case of a J6 defendant who be on trial in Judge Chutkan's courtroom on March 4 instead of Trump.

Lynnwood Nester was arrested in May 2022 on the 4 most common J6 misdemeanors. Here is DOJ's recap of his trial schedule:

Nearly one year after Nester's arrest--ON MISDEMEANORS not vague charges in historical prosecution of a former president--DOJ set this pretrial calendar in April 2023.

You will note the time elapsed between 4/23 and 10/23 trial date is the amount of time Smith initially demanded for Trump from indictment to trial. Six months--Chutkan ordered a still unprecedented 7 month trial schedule.

Any J6 defense atty or truthful (lol) line prosecutor will tell you this is the normal course of events:

So how did Nester's trial get kicked to March 4 from October 17? Well, it appears Nester's defense attorney--recognizing Chutkan's hands would be full with Trump's trial, which included an important hearing the day before Nester's trial was set to begin--offered to change his plea from not guilty to Nolo Contendere on all 4 misdemeanors.

That means the defendant would accept punishment but not admit guilt (basically). DOJ objected--read more DOJ nonsense below--and Chutkan denied his plea offer.

Read 6 tweets

Julie Kelly 🇺🇸

@julie_kelly2

Feb 9

In a motion intended to make news and bolster his claim that potential witnesses are being threatened, Jack Smith filed motion and asked that exhibit be kept from defense team in classified docs case.

Cannon just said no.

This was filed the same day...

Judge Cannon entered her order that granted Trump's request to unseal some records Smith wants kept under seal incl names of witnesses. Smith claims releasing the names would result in "significant and immediate risks of threats, intimidation, and harassment."

In denying Smith's request to file ex parte (excludes defense) exhibit, Cannon said:

"Upon in camera review of the subject attachment, and mindful of the disfavored nature of ex parte proceedings, the Court reaffirms the Special Counsel's request to seal the attachment referenced in the Special Counsel's Motion for Leave but finds an insufficient basis provided to deviate from the adversarial process in this instance. The Special Counsel is directed to transmit the exhibit to Defendants on or before February 10, 2024. The exhibit shall remain sealed pending further Court order."

Read 4 tweets

Julie Kelly 🇺🇸

@julie_kelly2

Feb 8

Here we go: Jonathan Mitchell, Trump's attorney, opens by stating Trump is not an "officer" of US. Term applies to appointed not elected officials.

"A state cannot exclude any candidate from the ballot under Sec 3 of 14th Amendment."

Debate between justices and Mitchell centers on whether states have a right to enforce Sec 3 14th Amendment. Trump's attorney seems to suggest enabling legislation is needed.

Alito: "Who can enforce Sec 3 with respect to a presidential candidate? Consequences would be severe."

Also at issue is if implementation of Sec 3 14A by a state adds another qualification to run for president not currently in the Constitution.

Sotomayor and Mitchell going back and forth on this, for example, whether a candidate is 34 when running for president but will be 35 when taking office.

"Section 3 bans him from holding office," Mitchell

Read 15 tweets

Julie Kelly 🇺🇸

@julie_kelly2

Feb 3

Jack Smith filed his temper tantrum response to Trump's motion to compel in classified docs case.

(I explained Trump's allegations here.)

Smith's motion reveals new info related to collusion with Biden's White House and other stunning revelations 🧵

declassified.live/p/disturbing-c…

NARA and Biden WH started setting up Trump on a Presidential Records Act violation or destruction of records charge right after Biden took office.

NARA's pretext for engaging Team Trump and demanding boxes of files was these really super important records were "missing" 😂

Trump's lawyers discovered evidence indicating NARA began drafting a criminal referral months before Trump produced 15 boxes to NARA in Jan 2022, which allegedly initiated the "classified docs" investigation.

But records show NARA in cahoots with Biden WH and Deputy Attorney General Lisa Monaco's office well before the so-called "sensitive" papers were found in the Mar a Lago boxes and FBI opened the "official" inquiry in March 2022.

Another Lisa Monaco specialty!

Read 7 tweets

Julie Kelly 🇺🇸

@julie_kelly2

Jan 30

To be a fly on the wall in sealed conference with Judge Cannon and Jack Smith's prosecutors tomorrow related to DOJ's fight to keep "classified" evidence away from Trump and his co-defendants.

This pertains to CIPA--special guidance for how classified materials can be viewed 🧵

Defense counsel wants to see exactly what Jack Smith is attempting to hide and asking Cannon to make as much available on the public docket as possible even if some files are redacted. This could prompt more litigation as to Smith's CIPA 4 claims.

Judge Cannon has already denied Jack Smith's attempts to keep material under seal and unsealed some filings. She is no fan of Jay Bratt, Smith's lead prosecutor on classified docs case.

So today Smith added JP Cooney, who has been on J6 case, to classified docs team.

Read 4 tweets

Julie Kelly 🇺🇸

@julie_kelly2

Jan 23

I have obtained the transcript from Ray Epps' sentencing hearing earlier this month.

It's a doozy--asst US Attorney Michael Gordon admits Epps committed multiple crimes on January 6. Also lamented Epps being "unfairly scapegoated."

One of the "mitigating factors" in deciding to charge Epps with a misdemeanor instead of at least one felony incl 1512c2 was bc Epps was "the victim of this widespread conspiracy theory."

1,200+ "insurrectionists" would like a word, Mr. Gordon

LOL apparently Epps wrote a struggle session letter to the judge (as some do) blaming Trump for feeding him "the Big Lie" and insisting the FBI was not responsible for the insurrection.

Read 5 tweets

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