JUST IN: Jack Smith has filed a response to Trump's claim that he was entitled to declare the classified docs he took home with him as "personal" records. storage.courtlistener.com/recap/gov.usco…
The docs Trump stashed at Mar-a-Lago are nothing like Reagan's diaries, Smith argues. He didn't create them and they aren't a reflection of his personal thoughts. storage.courtlistener.com/recap/gov.usco…
MORE: Smith also thrashes Trump's attempt to assert presidential immunity for is Florida indictment as "so wholly without merit that it is difficult to understand it except as part of a strategic effort for delay." storage.courtlistener.com/recap/gov.usco…
This is a remarkable document in which Smith compares Trump's actions to a long list of high-profile people accused of mishandling classified info. In a nutshell, none of them were as brazenly obstructive as Trump, he agues. storage.courtlistener.com/recap/gov.usco…
MORE: Smith says that Trump's claim to possess a DOE security clearance after leaving office is incorrect.
EVEN MORE: Prosecutors say Nauta brought Trump boxes to review, but Trump cut off that review after looking at 15 boxes and ordered only those shipped to NARA, even though there were another 70-80 left in storage. storage.courtlistener.com/recap/gov.usco…
NEW: Jack Smith agued today that Trump's handling of classified docs was significantly more egregious than: Joe Biden, Hillary and Bill Clinton, Mike Pence, James Comey, David Petraeus, Sandy Berger, John Deutch and Deborah Birx.
It's remarkable what a fantasy-world these lawyers running Donald Trump's last-ditch effort to overturn the election were living in, even days before Jan. 6.
CHESEBRO also blamed Pence, just hours after the certification was complete, for giving Trump "false hope" and not squashing the theories about the VP's Jan. 6 power until the last minute.
CHESEBRO sent a picture of himself to Jim Troupis at 12:24pm on Jan. 6, which would have been while Trump was speaking to is rally crowd.
JUST IN: The D.C. Circuit has ruled that some Jan. 6 defendants had their sentences improperly lengthened by district judges' decisions to label their crimes "interference with the administration of justice."
It's not immediately clear how many cases this will affect. About 330 Jan. 6 defendants have been charged with obstruction. Those who had the 'administration of justice enhancement' and are still serving sentences may now have to be resentenced. Details TK
NEW: A federal appeals court may force a slew of Jan. 6 sentences to be recalculated after concluding that district court judges improperly applied an enhancement related to crimes that interfere with the “administration of justice.”
BREAKING: Jack Smith proposes a new Florida trial date of *July 8*
TRUMP reiterates call to postpone Florida trial until after the 2024 election ... but offers Aug. 12 as an alternative.
Even though Trump's filing describes ih as the presumptive GOP nominee, he includes all the GOP primary dates and the Republican convention on his proposed trial schedule. storage.courtlistener.com/recap/gov.usco…
JUST IN: Judge Chutkan sentences Jan. 6 defendant Michael Foy —who assaulted officers with a hockey stick — to 40 months in jail.
Prosecutors asked for 97 months but Chutkan scolded them for the “unreasonable” recommendation, which she said ignored Foy’s remorse, honorable service in the marines and lack of criminal history — not to mention lighter sentences for defendants with even worse conduct.
CHUTKAN was also frustrated that prosecutors gave virtually no consideration to Foy's long-term mental health struggles, including PTSD from his time in the military, and the fact that he was at a "low-point" in his life on Jan. 6.
JUST IN: Alexander SMIRNOV, the former FBI informant charged with feeding false info about the Bidens, has been rearrested despite a magistrate's release order.
His lawyers say this re-arrest was improper and that if he's not immediately released, the judge should set a detention hearing ASAP . storage.courtlistener.com/recap/gov.usco…
UPDATE: The magistrate who ordered Smirnov released is asking prosecutors to respond to Smirnov's lawyers emergency motion by tomorrow afternoon.
JUST IN: Feds say in a detention memo that Alexander SMIRNOV — charged with fabricating claims that Joe Biden was bribed by Ukrainians — had high-level contacts with Russian intelligence operatives. storage.courtlistener.com/recap/gov.usco…
"The Russian Intelligence Service intercepted several calls placed by prominent U.S. persons the Russian government may use as “kompromat” in the 2024 election, depending on who the candidates will be." storage.courtlistener.com/recap/gov.usco…
The memo doesn't exactly say that the FBI has confirmed Smirnov's high-level contacts with Russians. Rather, they base it on his own reporting to the FBI. But they say it's enough to be concerned he migh use them to flee justice. And they state is as fact in some places.