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).
With terrific team, I just published large study looking at all court cases involving the Trump administration.
Shows basis for courts no longer giving a so-called "presumption of regularity" (a legal doctrine involving a strong benefit of the doubt) to the administration.
🧵
1/ I worked at DoD. I literally cannot imagine lawyers coming up with a legal basis for lethal strike of suspected Venezuelan drug boat.
Hard to see how this would not be "murder" or war crime under international law that DoD considers applicable.
Read this expert analysis⤵️
2/ The author of the expert analysis worked at the State Department under several administrations with these types of use of force issues as his portfolio.
Former top official of the National Guard Major Gen. Randy E. Manner
Listen to this excerpt of it.
- Our Guard is not trained for this
- "Negatively impacts military readiness"
- Being as "political props"
2 "This is ... changing the entire context of the way that the average citizens in these cities are going to start viewing ... our military...
We should not have military on our streets, in our American cities. It is absolutely the way that dictatorships run, not democracies."
3
Q: "Joint Task Force ... said that all service members deployed will get an initial briefing on the mission and operational environment, and that prepares them. Is that enough?
General Manner: "No, absolutely not. ... This is a very potentially dangerous situation."
"Epstein was actually still on the Mar-a-Lago membership logs up to 2007. ... That of course is a year after Jeffrey Epstein's arrest in Florida."
So Trump didn't kick him out for many years after knowing Epstein 'stole' Virginia Giuffre from MAL in 2000.
🧵
2/ Here's the Miami Herald piece that @barryscoopking referenced:
"A footnote in the book says the authors were shown the club’s registry from more than a decade earlier and that Epstein in fact had been a member until October 2007."
@barryscoopking @KevinGHall 3/ Here's from the book by then-Miami Herald journalists @Blaskey_S, @NickNehamas and @jayhweaver and Wall Street Journal's @ceostroff.