HUGE: SCOTUS grants cert in presidential immunity appeal, orders appellate court to hold issuing its mandate (ruling that denied Trump’s immunity argument) until SCOTUS decides the matter. Oral arguments in April.
What does this mean?…
The Jan 6 case in Washington has been on hold since December—all pretrial deadlines were suspended pending resolution of immunity question. Chutkan vacated the March 4 trial date earlier this month.
In doing so, she indicated she would essentially roll back the clock and allow Trump to make up the time between December hold and SCOTUS opinion. So even if SCOTUS issues a decision in late May and upholds appellate court ruling denying immunity claims, that adds almost 6 months to trial schedule.
In short, the earliest a trial could begin in Washington with that timeframe would be late October. And considering a trial could go 2+ months, that means no conviction on this indictment before Election Day.
And VERY important—the week before, SCOTUS will hear oral arguments on 1512c2 appeal. That will give us some indication of how justices are leaning. If a majority sound skeptical as to DOJ’s application of 1512c2, it’s big trouble for Jack Smith’s DC indictment bc that count represents half of his J6 indictment against Trump.
If SCOTUS reverses how DOJ has used 1512c2, hard to see how he keeps it in indictment. Then Will he go to trial in late October on two vague and flimsy conspiracy charges?
Bad day for Jack Smith.
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Things continue to heat up in classified documents case.
Yesterday, Trump filed a motion asking Judge Cannon for permission to file a single brief not more than 200 pages to further detail their arguments against the case. This continues Trump's efforts to get redacted swaths of discovery unsealed--something Cannon is already contemplating but proceeding with caution:
Cannon just filed this order asking Trump's lawyers to stick with individual motions (slightly expanding normal size of motions) and for Jack Smith to respond to Trump's requests to unredact certain info.
Smith is fighting basically every request to make discovery, including unclassified evidence, available to the public--odd since Smith considers the "public" a party in the DC case.
Cannon has already denied some of Smith's requests and sternly reminds DOJ that transparency is paramount. She has already denied some of Smith's attempts to keep material under seal, ordering motions unsealed that should not have been.
Earlier this month...
Cannon granted Trump's request to unredact portions of a separate motion that was heavily redacted under existing protective order. The redacted passages dealt with comms with Biden White House; collusion btw DOJ and NARA; evidence of bias on Special Counsel team and other damning info. It's temp on hold as they continue to sort through redactions.
Cannon is very leery of Smith's attempts to conceal information. From her 2/6 order:
Several Trump supporters tied to “anti government” groups were arrested and denied bail on nonviolent and/or bogus charges like “obstruction” for J6.
Some were repeatedly denied release at behest of Biden’s DOJ and waited 18-24 months to go to trial in DC. Judges in DC…
repeatedly condemn to this day Americans who believe the 2020 election was stolen. They demand “struggle session” like confessions where the accused is forced to recant their political beliefs and admit Biden is the president.
Many face years of probation so the government can surveil their political activity in advance and during the 2024 election.
Judges have applied “terror enhancements” to prison terms for nonviolent defendants. This includes grandmothers with no criminal record.
DOJ continues to investigate, arrest, and charge Trump supporters for a 4-hour disturbance the government instigated in a show of force against political dissent.
DOJ brags about a caseload of 1,300 Americans and counting for J6. The regime’s most common felony is now before SCOTUS and could be overturned—resulting in an unprecedented reversal in how DOJ and DC judges applied the law to turn political protesters into felons.
Spare me the crocodile tears over Navalny. The actual victims of a ruthless and relentless legal crusade against dissidents are right here in America.
Nathan Wade about to take stand in Fani Willis’ disqualification hearing and this is just too good.
At issue is when Wade-Willis began. Fani claims it began in 2022 but her college friend just testified she had knowledge the affair began in 2019.
Oof—Mike Roman (defendant who uncovered the affair) atty just got Wade to acknowledge he claimed in his divorce proceedings in 2023 that he did not purchase anything including drinks, meals, trips etc for member of opposite sex. That’s not true.
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.
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."