1/ On Friday night, Jack Smith offered to file a new brief that could provide the public "the first glimpse of the government’s evidence beyond the four corners of the indictment—an explosive prospect.”
2/ “It is conspicuous that the special counsel does not appear to be opposing such a mini-trial, which may be important to Judge Chutkan as prosecutors would likely see tradeoffs with such public hearings.”
analysis by @NormEisen @Matt_Seligman @Edanyaperry @JoshuaGKolb
@NormEisen @Matt_Seligman @Edanyaperry @JoshuaGKolb 3/ A mini, mini trial?
“A reasonably prompt evidentiary hearing — or 'mini trial' — on immunity… may focus on the specific allegations that most deserve such an inquiry (e.g., the allegations involving former Vice President Mike Pence).”
Upshot: Prospect of Pence as a witness
4/ Authors write that Chutkan could order briefing on immunity to take 3 weeks.
“Even Trump’s proposed schedule...would be only twice as long—but it includes a host of other matters as well, from the Fischer framework to motions involving discovery and more”
Useful comparison:
@NormEisen @Matt_Seligman @Edanyaperry @JoshuaGKolb 5/ Many have missed that the superseding indictment is designed not just to overcome new SCOTUS test for presidential immunity. But also new SCOTUS test for obstruction.
Superseding indictment adds new allegations to accomplish the latter goal.
And one more important item...
6/ One more important item. Thanks to authors:
A comparison document.
It shows the tracked changes between the original and superseding indictment in US v Trump (including the new allegations apparently added to support the obstruction charges).
Devastating first-hand witness to Alex Pretti's killing
Declaration filed in federal court:
"I don't know why they shot him. He was only helping. I was five feet from him and they just shot him."
2/ "The agents pulled the man on the ground. I didn't see him touch any of them-he wasn't even turned toward them. It didn't look like he was trying to resist, just trying to help the woman up. I didn't see him with a gun."
"I have read the statement from DHS about what happened and it is wrong. The man did not approach the agents with a gun. He approached them with a camera. He was just trying to help a woman get up and they took him to the ground."
Here's what the Justice Department actually told the Supreme Court, and how DOJ defends ICE's use of racially profiling.
Full analysis on my YouTube and Substack
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2/ Shareable link to full analysis⤵️
A close look at what the DOJ left undisputed.
And how DOJ admitted to the courts that stopping racial profiling would “upend immigration enforcement efforts” in the way ICE currently carries it out.
3/ Document
U.S. Solicitor General to the Supreme Court arguing to allow racially profiling as a factor supporting ICE's "reasonable suspicion."
A time for choosing, from main street to wall street.
"This new threat is not about my testimony last June or about the renovation of the Federal Reserve buildings. It is not about Congress’s oversight role. .... Those are pretexts."
2/ "I have served at the Federal Reserve under four administrations, Republicans and Democrats alike. ... Public service sometimes requires standing firm in the face of threats."
3/ "I will continue to do the job the Senate confirmed me to do, with integrity and a commitment to serving the American people."
An initially-secret report for Customs and Border Patrol in 2013 found:
In many cases, the “driver was attempting to flee from the agents who intentionally put themselves into the exit path of the vehicle, thereby … creating justification for the use of deadly force.”
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2/ I discuss this report at greater length on my YouTube channel and Substack
3/ "Applying even the OLC’s expansive view from its recent opinions to Operation Absolute Resolve, the Executive action clearly crosses the threshold for requiring congressional authorization."