Lisa Rubin Profile picture
May 25 6 tweets 3 min read Read on X
NEW: Tonight, concerned that Trump’s escalating rhetoric about the standard instructions attached to the MAL search warrant will result in violence against law enforcement, the Special Counsel’s office is asking not for a gag order, but to modify Trump’s conditions of release. 1/

storage.courtlistener.com/recap/gov.usco…
That matters because when Trump was first indicted, his bond — which he signed — made clear that his continued release was conditioned on his compliance with certain terms. 2/
For example, Trump’s order not only prohibits him from violating any federal, state or local law while on release but also precludes his speaking to any fact witnesses on a list shared with his lawyers about the facts of the case, except through their respective lawyers. 3/
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But in asking to modify Trump’s conditions of release to prohibit his making statements that pose a “significant, imminent, and foreseeable danger” to law enforcement involved in the investigation and prosecution of the MAL case, the Special Counsel is upping the ante. 4/
Why? Because where a defendant violates a condition of his release, the consequences can include “the immediate issuance of a warrant for the defendant’s arrest, a revocation of release, and order of detention,” as well as a prosecution for contempt. 5/ Image
But perhaps most importantly, if Judge Cannon denies this motion, it is immediately appealable to the 11th Circuit under federal statute, which provides in relevant part:

law.cornell.edu/uscode/text/18…
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More from @lawofruby

Jun 10
NEW: In a new opinion tonight, Judge Aileen Cannon denies a motion to dismiss the Mar-a-Lago docs case due to alleged pleading deficiencies in the obstruction and false statement charges of the indictment. But there's a sweetener for Trump and his campaign chief Susie Wiles. 1/
And that sweetener was her decision to strike paragraph 36 of the indictment, which concerns Trump's alleged showing, while at Bedminster, a classified map of a country with "an ongoing military operation" "not going well" to a "PAC Representative" reported to be Wiles. 2/
Cannon says where prosecutors want to introduce evidence of prior crimes or wrongs, they have to provide "pre-trial notice" of the reasons justifying use of such evidence for purposes other than showing the defendant's propensity to act in a given way, and motion practice ensues. 3/
Read 5 tweets
Jun 6
The point @annabower is making here is worth further thought. Trump and some of his better-known acolytes will avoid further proceedings well into next year, but there are several other defendants — none of them household names — against whom the case continues. 1/
The people who will pay most immediately for their loyalty are, unsurprisingly, some of the least well equipped to do so. Sycophancy has a price—and it is carried by the foot soldiers, not the sergeants.
And yet, we’re watching as the faithful seem to be preparing to do it all over again. Have they not seen the more than 1300 1/6 prosecutions? The now five state cases against Trump’s fake electors and/or those who conceived and coordinated it?
Read 5 tweets
Jun 5
NEW: Through an order today, Judge Aileen Cannon has now ordered at least 1.5 days of hearings on Trump's argument that Special Counsel Jack Smith was unlawfully appointed, and therefore, the entire indictment must be dismissed. 1/

gov.uscourts.flsd.648652.605.0.pdf ()courtlistener.com
But Smith's own motion to modify Trump's bail conditions to ensure the safety of law enforcement agents involved in the investigation and prosecution of the Mar-a-Lago docs case? That will get a couple of hours at most on 6/24. 2/ Image
And she's also now scheduled a day of argument the next day on Trump's motion to suppress evidence obtained through the August 2022 Mar-a-Lago search and/or dismiss the indictment on the ground that said search resulted in violations of Trump's attorney-client privilege. 3/

storage.courtlistener.com/recap/gov.usco…
Read 6 tweets
Jun 5
NEW: Wisconsin AG Josh Kaul’s criminal complaint against Ken Chesebro, Trump lawyer Jim Troupis, and Trump campaign staffer Mike Roman is the fifth state criminal case centered on efforts to overturn the 2020 election. But it’s different in a few key ways. 1/
Among them is footnote 5, which notes that Chesebro participated in a December 2023 interview — which does not appear to have been anything other than voluntary — with WI investigators. Was that interview supposed to be a prelude to cooperation? 2/
We don’t know, but after pleading out in Fulton County, GA, Chesebro and his lawyers likely hoped to cooperate in any other state-based investigation into the fake elector scheme, just as he reportedly did in Nevada and Arizona. 3/
Read 5 tweets
May 16
NEW: When Michael Cohen testified in the New York attorney general’s civil fraud trial on 10/24 and 10/25/23, he testified that in pleading guilty to federal tax evasion charges, he had lied to spare his family. But asked about that episode Tuesday, Cohen was more nuanced. 1/
Specifically, Cohen acknowledged that in October, he testified he lied in federal court when he pleaded guilty to tax evasion and bank fraud. 2/ Image
Yet he tried to explain that testimony, noting he took responsibility because “the underlying fact he never disputed” and that he pleaded guilty to protect his wife. That doesn’t quite explain why he testified he lied in pleading to those counts—something he has said publicly too. 3/
Read 5 tweets
May 13
NEW: In August 2018, Michael Cohen pleaded guilty to causing American Media’s unlawful campaign contribution to Trump and to making an unlawful contribution of his own through the Karen McDougal and Stormy Daniels payments respectively. 1/ Image
And during his plea allocution — the process by which a pleading defendant takes responsibility for his crimes — Cohen said he acted not only “in coordination with” but “at the direction of” one Donald Trump. 2/
And that’s the crux of what the prosecution needs from Cohen (and can’t get from anyone else) as they wrap up their case as soon as this week: how, when, and why Trump expressly directed Cohen to ensure McDougal and Stormy’s stories stayed buried. 3/
Read 8 tweets

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