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Anna Bower Profile picture
@AnnaBower
Apr 3, 2024 • 4 tweets • 2 min read • Read on X
Special counsel Jack Smith has filed his response to Judge Cannon's request for preliminary jury instructions regarding the Presidential Records Act in Trump's classified documents case.

Read the filing here: documentcloud.org/documents/2452…
Cannon asked both Trump & the special counsel to "engage with" two "competing scenarios" involving potential jury instructions regarding the impact of the PRA on Trump's charges.

"Both scenarios rest on an unstated and fundamentally flawed legal premise," special counsel writes. Image
The special counsel implores Cannon to inform the parties of her decision on jury instructions "well in advance of trial."

"The Government must have the opportunity to consider appellate review well before jeopardy attaches." Image
Trump also filed his own response on preliminary jury instructions regarding the Presidential Records Act.

Read the filing here: documentcloud.org/documents/2452…

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More from @AnnaBower

Anna Bower Profile picture
Jan 31
I’m sad to learn that my law school classmate, Kiah Duggins, died in the DC plane crash.

Kiah was an exceptionally talented civil rights lawyer & aspiring legal scholar.

I hope you’ll read about her work and the issues she cared about, some of which I’ll 🧵 below.

What a loss. Professional headshot of a woman with long black hair wearing a navy suit
“Abolition and International Human Rights: Taiwan’s Affirmation of Black American Abolitionist Movements,” by Kiah Duggins:

journals.law.harvard.edu/crcl/wp-conten…
“DEBATING BAIL REFORM: Isaac talks with Kiah Duggins and Ken Good”:

Read 5 tweets
Anna Bower Profile picture
Jan 3
BREAKING: Justice Merchan orders Donald Trump be sentenced on Jan. 10 before his inauguration as President.

nycourts.gov/LegacyPDFs/pre…
“ORDERED, that defendant appear for sentencing following conviction on January 10, 2025…”

Trump can appear virtually or in person, per order. Image
Justice Merchan says he is *not* inclined to sentence Trump to serve jail time, noting the prosecution’s concession that incarceration is no longer a “practicable” recommendation given Trump’s election as President. Image
Read 5 tweets
Anna Bower Profile picture
Nov 18, 2024
NEW: The Georgia Court of Appeals has canceled the Dec. 5 oral argument it previously scheduled to hear Trump’s appeal seeking to disqualify Fulton County district attorney Fani Willis.

Argument is canceled “until further order of this court.” Image
The court previously granted a request for oral argument—and as recently as last month extended the time allotted to the parties for argument.

Unclear what precipitated the hearing’s cancellation. But the court *can* issue a ruling based on the briefs without oral argument.
I’m not sure what to make of this, but one possibility (of many): In June, Willis filed a motion to dismiss the appeal as improvidently granted. Possible the court cancelled argument bc it intends to grant that motion and dismiss the appeal without reaching the merits. But 🤷🏻‍♀️
Read 4 tweets
Anna Bower Profile picture
Nov 5, 2024
NEW: A Trump-appointed judge has rejected the RNC’s claim that some GA counties violated the law by accepting in-person delivery of absentee ballots over the weekend. The claim "does not withstand even the most basic level of statutory review and reading comprehension," he said.
The ruling followed an hours-long hearing before Judge Stan Baker, a federal court judge appointed by Trump.

The RNC & GA GOP already lost a similar suit filed in state court last week.

Both suits were filed by Alex Kaufman, who was involved in Trump's 2020 post-election efforts. Kaufman sat in on the infamous call in which Trump asked Raffensperger to “find” 11,780 votes. The Fulton Co. special grand jury recommended that DA Fani Willis seek indictments against Kaufman, but he was not charged.
Read 8 tweets
Anna Bower Profile picture
Oct 31, 2024
NEW: At a church in rural Georgia, attendees were informed that they are battling a “spiritual war” against election fraud.

Then they were told how to fight back: show up en masse to pressure local officials to withhold certification of the election.

lawfaremedia.org/article/david-…
To demonstrate how it would work, a former law professor simulated a local elections meeting.

Attendees role-played large-scale civil disobedience, crowding around a volunteer to physically block law enforcement from removing her from the faux meeting. lawfaremedia.org/article/david-…
This scene unfolded during an “election integrity” training I attended last month at Grace Covenant church in Hogansville, Georgia. But thousands of people across the country have attended similar trainings hosted by the former professor, David Clements.
lawfaremedia.org/article/david-…
Read 16 tweets
Anna Bower Profile picture
Oct 6, 2024
Folks, Georgia law does not allow rogue local officials to exclude entire polling precincts from being counted. There’s longstanding case law on that issue. If officials refuse to count a precinct, a mandamus action will surely follow and they will be compelled to certify.
As I’ve written for @lawfare, the Georgia Supreme Court confronted this issue more than a century ago after local officials tried to exclude an entire precinct in an effort to help their candidate win. The court forced them to count *all* precincts.

lawfaremedia.org/article/will-g…Image
Image
@lawfare I’ve also written that local officials can cause chaos simply by *trying* to use the State Election Board rules as pretext to disrupt certification. But we need to be clear about the actual legal effect of the rules and the likely outcome in court.

theatlantic.com/ideas/archive/…
Read 6 tweets

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