emptywheel (mr. blue sky) Profile picture
Aug 27 13 tweets 4 min read Read on X
In my post I noted that the riskiest thing Jack Smith did was keep the Mike Pence language in there (the Justices directly questioned whether he was VP or President of Senate in those roles). This language addresses that. Image
Smith had to pull out ALL reference to people in govt telling Trump he was nuts. This undoubtedly makes @C_C_Krebs and Bill Barr sad, as they won't get to testify. Image
Here's another area where SCOTUS may get stroppy. Under a prior ruling, they said that Tweets were presumptively official.

This may be the place the indictment is most vulnerable to more fuckery by the right wingers in SCOTUS. Image
.@JasonMillerinDC is still going to get to testify against his liege, though. Image
The sad trombone you're hearing is all possibility we'll get to hear about the nutso December 18, 2020 meeting in the Oval. Image
Hey Donny?!?!?!

Maybe it wasn't such a good idea to throw over @RonnaMcDaniel so brutally, before she testified against you?!?! Image
This may be one of the most important additions. As I said, this superseding had to harmonize with efforts DC USAO is making to sustain some of the 1512 cases against crime scene people.

This detail will be the pivot point of that harmonization. Image
This is also an important detail: They're making the distinction between what Trump did in the Oval (= presidenting) versus what he did in his private dining room. Image
Moved this bc I bolloxed the threading.

They didn't keep ALL the allegations involving Mike Pence tho. As I said in my post Saturday, this is likely something the Solicitor General's office already weighed in on. Image
Compare this new language to what DOJ promises in a superseding indictment against a crime scene defendant, Matt Loganbill.
Image
Image
Karen Henderson, a Poppy Bush DC CIrcuit appointee, had focused on the Take Care clause requiring Trump to do certain things. The right wingers on SCOTUS believe that's optional for POTUSES. So the jury won't get to hear how Trump sat on his ass and let DC be attacked. Image
@VerretD60265 Sorry: THere are about 5 that are gone. Anything that mentions Oval or trappings of govt.
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More from @emptywheel

Oct 29
Note that, contrary to common myths about the investigation into Trump, this subpoena PRECEDED Cassidy Hutchison's public testimony (and even Greg Jacob's, by a day).

The precedents were all set before Jack Smith was appointed.
Here's an interesting, almost entirely argument that bears on the immunity case. Trump was invoking Executive Privilege but (as Howell laid out) he was having such convos w/people outside of Exec, like Rudy.

storage.courtlistener.com/recap/gov.usco…Image
Howell ordered second batch of witnesses to testify on November 19. Trump asked for a stay on December 7. In the interim, witnesses testified. That almost certainly means they are 2 Pats & likely Eric Herschmann (which is consistent w/public timeline).

storage.courtlistener.com/recap/gov.usco…Image
Read 5 tweets
Oct 21
Liz Cheney, Maria Shriver, and Kamala Harris sitting on a stage talking about bipartisanship. Image
One dynamic of this I've been tracking is this: Harris SHOULD NOT be talking nitty gritty abt Jan6 bc of the prosecution. Well, Cheney is the expert. And she speaks it well.

As she did, guy in back was nodding over and over. Image
Cheney: In this election, we need to elect the responsible adult.
Read 7 tweets
Oct 18
It's definitely true that none of the files Jack Smith released are new.

But seeing all Trump's tweets in one place are useful as we attempt to prevent him from trying it again.

documentcloud.org/documents/2523…Image
Here's what the legal return of a "fired-by-tweet" tweet looks like. @C_C_Krebs

documentcloud.org/documents/2523…Image
Trump started on attacking 60 Minutes early this year. Image
Read 9 tweets
Oct 15
We're three weeks away from the election, and we have literally no idea what the business relationship with Trump Org and the Saudis/Emiratis is.

No one has asked if either of the failsons (or Lara) will get a job in the White House to cash out for $2B in 4 years.
Back during the Joe Biden Old month, I was begging journalists to focus on just 3 Qs:

1) Is Trump an agent of the Saudis?
2) What deals has Trump made w/Orbán/Putin?
3) Where are the missing classified docs?

emptywheel.net/2024/07/17/boi…
We learned last week (from the NYT, among others!) that Trump is bypassing transition laws, meaning he--and his sons, the Saudi business partners and transition team members--could just get payments from the Saudis all the way until inauguration.

nytimes.com/2024/10/09/us/…
Read 6 tweets
Oct 12
This is a legit question. First, gap arises from delays that were inevitable w/president and first attempt to prosecute one. That took 21 months at least.

Also, it's POSSIBLE Smith is avoiding indicting anyone else until he's sure Trump can't pardon them.
There are VERY subtle suggestions in the immunity filing that several people started cooperating after being exposed in state cases. But Mueller investigation is testament to why you can't cooperate your way up to Trump.
Or let me sum up delay better:
1) Trump conspired through lawyers. Each lawyer's phone/email took 9 months of privilege review.
2) Trump hid behind exec privilege: That took 10 months.
3) Immunity Q had to be decided. That has taken a year, so far.
Read 7 tweets
Oct 10
Judge Chutkan has given Trump 7 days to take legal action to prevent the redactions she approved from being publicly filed. Image
Here's the link to Chutkan's order.

storage.courtlistener.com/recap/gov.usco…
The smart lawyers will weigh in on the posture of this.

But Chutkan ORDERED Trump to weigh in on redactions.

He made no complaints about redactions. So Chutkan was left with, basically, an unopposed proposal on redactions.

I'm not sure that's the strongest appeal posture.
Read 4 tweets

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