I try not to tweet and talk simultaneously (and just came off air from another SCOTUS decision morning), but the Manhattan DA’s brief mostly opposing the lifting of the gag order deserves attention today. 1/
When the DA first sought a gag order, it presented evidence of the threats dating back to last year. But
now, he cites recent, serious threats, including “bomb threats at the homes of two people involved in this case” on the first day of trial & online death threats to the DA and his employees. 2/
Note that the DA does not want the gag order to remain in place in its entirety. They agree with Trump that it is no longer needed with respect to trial witnesses. 3/
But that is the beginning and end of their agreement. Before detailing why the gag order should remain in place for the safety of jurors and counsel (and their families), the DA claps back at Trump’s “patent disrespect” for the rule of law. 4/
In particular, they take umbrage at Trump’s straight-from-the-campaign-trail claim that Biden & Bragg are colluding to silence the candidate currently “winning” the election, as Trump’s brief claims. 5/
In some of the strongest language I can recall ever seeing from government lawyers, they write that Trump “offers no factual basis for this assertion, and there is none: The claim is a lie.” 6/
Alvin Bragg is a prosecutor’s prosecutor, and he speaks almost entirely through his papers. But the substance of these papers? Stark in calling out and giving dimension to Trump’s dangerous — and false — rhetoric. FIN.
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Last night, I was searching online for a segment in which I discussed being Jewish. Instead, I stumbled on a sub-Reddit in which a bunch of men were discussing me as “zaftig” or “thicc.” 1/
Now that I have an on-air job, I’ve become accustomed to what viewers and readers say about my work. Depending on who you ask, I am alternately brilliant and stupid, shrill and soft-spoken, too wide-eyed and overly jaded. Mostly, I try to put my head down and just work. 2/
But my body? As a person who struggles with my weight and sometimes even figuring out when/what to eat during the most grueling times, I was mortified and disappointed by the conversation I found. Please just don’t. 3/
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/
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?
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/
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/
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/
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/
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/
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/