Govt's reply last night, asking Judge Cannon to stop Trump from claiming that FBI wanted to kill Trump & his family, gives details about Ricky Shiffer’s 2022 attack on an FBI hdqtrs & a more recent threat to an agent working on the Hunter Biden case... 1/9 bit.ly/45Dz9A4
... On 8/11/22, three days after the Mar-a-Lago search, Shiffer attacked an Ohio FBI office with an AR-15 & a nail gun. When FBI pursued him, he fired on agents & then engaged in a 6-hr standoff, per search warrant application appended to the reply.
/2
... Addressing Trump’s claim that Shiffer’s attack can't be linked to Trump, govt cites 8/8/22 Truth Social post, calling the search “political persecution,” & Shiffer’s Truth Social posts later same day, saying “this is it,” “I am proposing war,” & “Kill the FBI on sight.”
/3
... Shiffer then posts 29 more Truth Social posts the next day; 4 more on 8/10/22; and finally one last one during the shootout & standoff on 8/11/22, before he is killed. All sound the same themes: “Be ready for war tomorrow”; “Kill FBI on sight”; “call to arms.”
/4
... The govt reply also cites a TX man’s phone and text threats earlier this month to an FBI agent in the Hunter Biden inquiry. The man called the agent on the agent’s FBI-issued phone: “we’ll hunt you cock-suckers down & slaughter you” & “your whole f-ing family.” ...
/5
... Responding to Trump argument that the agents involved in the M-a-L search haven’t been ID'd, govt says they will be when they testify. Further, two agents have been, in fact, doxxed by a former Trump aide on Breitbart News, including names, DOBs, emails, etc.
...
/6
... The govt reply does not explain why it seeks modification in the terms of Trump’s release rather than a gag order fashioned more like those already upheld by the DC Circuit & NY appellate courts. This is just my speculation, but it might have something to do with ...
/7
... the fact that here the govt seeks mainly to protect the security of law enforcement agents rather than, mainly, the administration of justice (jurors, witnesses, court & prosecutorial personnel), though govt says the latter is also at stake. ...
/8
My ambitious goal here is to give an overview of the arguments for & against Trump’s motion to dismiss due to the alleged unconstitutionality of the appointment of special counsel Jack Smith. Judge Cannon is weighing the motion very seriously & will hold a hearing 6/21. ...
1/30
The motion is supported by 2 amici, who take different tacks. A 3d amicus supports the govt.
The 1st pro-Trump amicus includes former AG Ed Meese & FedSoc co-founder Steve Calabresi. Their atty is Gene Schaerr.
/2
The 2d pro-Trump amicus is @SethBTillman. His atty is Josh Blackman. Tillman’s brief devotes much attention—63 references—to an 1879 SCOTUS ruling, US v Germaine, about an extortion prosecution of a surgeon who’d done piecemeal work for the govt for $2 per exam....
/3
Trump apologists now argue that Trump’s 34 crimes were wrongly upped to felonies—as if 34 misdemeanors are A-OK, on top of civil judgments for persistent fraud on lenders, charity fraud, sex abuse, 3 defamations, his company’s 17 felony convictions for tax fraud, etc. ...
1/15
... But what of the simple scumminess of this candidate, as evinced by the NY trial evidence? Let’s look at a few examples. E.g., remember that one component of the Trump-Cohen-Pecker deal was to smear Trump’s primary opponents. ...
/2
... According to AMI CEO David Pecker’s testimony, Cohen would say “we would like a negative article on, let’s say, Ted Cruz” or Ben Carson or Marco Rubio. After a primary debate, Cohen would direct the National Enquirer on “which direction we should go,” Pecker testified ...
/3
Was D.A. Bragg Right to Bring the New York Charges Against Trump?
(Answer: Yes) ...
1/~20 bit.ly/453GCIC
... Now that we’ve seen the People’s case, we can make an educated guess about why DA Bragg brought it. Though we don’t know Bragg’s thinking, we do know a bit about his predecessor’s. ...
/2
... In Feb 2021, Cy Vance Jr hired Mark Pomerantz to lead his Trump probe. After surveying the evidentiary landscape, Pomerantz envisioned bringing a case for “enterprise corruption,” (NYS’s little RICO statute) he later wrote in his book ...
/3
Responding to Jack Smith’s request that Judge Cannon order Trump to stop lying about the FBI having tried to kill him, Trump's attys wrote 15 pp on govt’s alleged violation of Local Rule 88.9, seeking a hearing & sanctions on the *rule violation.* ... 1/5 bit.ly/3Vfy3Hq
... The local rule requires that attys “meet & confer” before filing motions in order to promote “efficient use” of the court’s and parties’ time. Govt attys said they knew from previous gag order rodeos that Trump’s attys would never agree to limits on Trump’s speech ...
/2
... We know govt was right because, even tho Trump atty Blanche doesn’t address the merits of the govt request, in passing he calls it “patently unconstitutional” & even says the gag order the DC Circuit approved was also unconstitutional ...
/3
I’m going to unpack here what I was getting at hastily last night. Jack Smith is trying to force Judge Cannon to stop Trump’s dangerous lies about the FBI—facilitated by def attys—by shoving in her ear her past orders targeting the govt. ...
1/10 bit.ly/3wFoKal
... Yesterday’s motion seeks, in effect, a limited gag order to halt Trump’s recent slanders accusing the FBI of having “authorized” & been “itching” to kill him during its Mar-a-Lago search. In reality, FBI went out of its way to ensure Trump’s absence during search ...
/2
... Trump’s lies here stem from standard language in federal warrants that *restricts* the use of force to where an agent has a reasonable belief that someone poses “imminent danger of death or serious physical injury.” ...
/3
Jack Smith's new motion to halt Trump's recent series of dangerous lies about FBI being "locked & loaded & ready to take me out" is crafted to highlight Judge Cannon's bias & hypocrisy if she fails to take action ...
/1
... The motion twice cites Cannon's order "ECF 101" in which she, on her own, invoked her "independent obligation to protect the integrity of this judicial proceeding" in order to probe a dubious defense allegation of a prosecutor's ethical breach ...
/2
... In ECF 101 she ordered the attys to brief her on allegations Trump had made & that she read about in the media. Those allegations are discussed below & were subject of a hearing before Cannon Wednesday ...