Many conservatives now accept with bored acquiescence the near certainty that Trump, if elected, will dismiss both federal indictments against himself. Yet it would be an abuse far greater than the Saturday Night Massacre that once shocked the nation...
1/6
In Oct 1973, Nixon fired AG Elliot Richardson & then Dep AG Wm Ruckelshaus for refusing to fire Special Prosecutor Archibald Cox, who was subpoenaing Nixon’s White House tapes. The firings galvanized bipartisan support for impeachment proceedings ...
/2
... which began 10 days later. Quaint though it may now seem, US District Judge Gerhard Gesell even ruled, later on, that the Cox’s dismissal had been illegal. ...
/3
... Yet the SCOTUS majority in Trump v US contemptuously chided the bipartisan lower courts for trying to let justice be done before Trump has a chance to abuse power to derail it. They even purported to be acting expeditiously ...
/4
... though we are, right now, pointlessly counting 32 more days off the calendar for SCOTUS’s ruling to become final, because the court declined to make it immediate. (The pause permits the losing party to seek rehearing—inconceivable here as the Court well knows.) ...
/4
... Is the president now above the law? Half-heartedly, the majority claims (s)he is not—with asterisks galore. They say the dissents are “fear-mongering” with “extreme hypotheticals”—which they tellingly don’t deign to refute. ...
/5
... Justice Thomas disdains that tack. He quips that the once-revered notion has been largely meaningless all along. Immunity from prosecution for official acts *is* the law, he writes, archly. Silly Nixon, silly us, silly forefathers for imagining otherwise.
/6-end
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Here's what's known about the jury misconduct claim in People v Trump:
On 12/3 Trump attys wrote prosecutors alleging “grave juror misconduct” showing that “this case was not anywhere near fair & impartial.” Heavily redacted 7-page letter here:
... 1/8 bit.ly/4izTPPT
... Blanche asked for a redacted letter to be made public & that it be weighed in support of Trump’s pending motion to dismiss. But due to time constraints & privacy issues, he asked that it *not* be explored through “invasive fact-finding.” ... 2/8
On 12/5 DANY responded. DANY states that Blanche’s letter was based on email exchanges between the defense and a juror, but the emails were not appended & the juror repeatedly refused to sign a “proposed declaration,” citing “inaccuracies.” ... 3/8
In People v Trump yesterday, while Justice Merchan denied one of Trump’s motions, he revealed that there’s a new issue—an allegation of juror misconduct. Trump filed a nonpublic (& nonsworn) letter on that on 12/2. Nonpublic response & reply were filed 12/5 & 12/9 ... 1/8
... Justice Merchan wants redacted versions of those letters made public, but also wants Trump to make sworn accusations, as NY law requires. Not clear to me if Trump has to make sworn accusations first before letters can be made public. ...
/2
... The ruling Merchan made yesterday was on Trump’s motion for new trial (CPL 330.30), filed back in July. Trump argued that presidential “official acts” evidence had been used at his trial in violation of SCOTUS’s immunity ruling. Merchan rejected that claim, finding: ...
/3
People are understandably confused about the status of the NY crim. case vs Trump. Justice Merchan must rule on 2 key Trump motions. Even if he denies both & tries to move to sentencing, Trump will try to block that by either federal injunction or appeal of the rulings ...
1/13
The 1st motion, filed 7/10, seeks a new trial, arguing that the DA introduced evidence of official acts barred by SCOTUS’ immunity ruling.
The 2d, filed 12/2, seeks dismissal based on “legal impediment” or “in furtherance of justice.” ...
/2
... The new arguments in the 12/2 motion are weighty. But his attys make it maximally difficult for Merchan to grant it by larding it with baseless insults & defamations impugning Merchan’s, DA Bragg’s, & even AG Garland’s integrity. ...
/3
In the FBI probe that led to the US v Trump classified docs case, a former Trump Adm witness identified as Person 16 described another former Trump Adm member, Person 24, as “unhinged” & “crazy.” Person 24 shares many traits of, and may be, Kash Patel. ... 1/4
Person 16 told the FBI, e.g., that Trump had no standing order to declassify the docs that were removed & no one would say otherwise with the possible exception of Person 24. (Patel has claimed that Trump did declassify the docs that were removed.) ...
/2
... Person 16 also said that Person 24 sought a position that he was “not qualified for,” but was “under real consideration” for it nevertheless. @Charlie_Savage notes that Bill Barr says Trump wanted Patel as dep. FBI director but Barr blocked it. ...
/3
Here’s what DA Bragg (DANY) did yesterday in People v Trump, which is actually complicated. Requires understanding Trump’s position—which was also more fully revealed yesterday—& the weird & close-to-hopeless posture of case. ...
1/12 bit.ly/4ftTgF8
... As of the election, Trump was facing an 11/12 ruling by Justice Merchan on whether SCOTUS’s US v Trump immunity principles required a new trial (IMMUNITY QUESTION A) &, if not, sentencing on 11/26. But, on 11/8, Trump’s attys wrote DANY saying they’d ...
/2
... file a motion on 11/11 seeking a stay of all proceedings for 2 reasons. REASON 1 was that they would file a second motion to dismiss based on immunity (IMMUNITY QUESTION B). That one would assert that a president-elect has all the immunities of a sitting president ...
/3
Though late, I want to highlight the case of Zachary Alam, who was sentenced to 8 yrs on 11/7—tied for 16th longest prison term for a J6 defendant. His case shows how Trump’s election lies foreseeably impacted troubled individuals & led to the death of Ashli Babbitt. ...
1/16
... On J6, Alam was almost 30. He had about 20 arrests, mainly drug or alcohol related. He’d graduated from UVa, but dropped out of osteopathic med school in 2015. His father then disowned him, per his mother. Eventually he was living out of a storage unit & his truck ...
/2
... He would shower at a gym each morning, his atty later wrote. Then Covid hit & gyms closed. His atty’s supplemental sentencing memo—heavily redacted—suggests Alam may also suffer from a long-term medical or psychological issue. ...
/3