1/Friday, Donald Trump’s lawyers and the Special Counsel’s Office filed their joint status report, noting, with lawyerly restraint, that they had conferred and were reporting to the court on their positions “jointly where possible.” In other words, they were largely unable to agree.
2/The bottom line is that Trump’s lawyers are devoted to preventing the public from learning anything about the Special Counsel’s evidence in the case before the election. It’s the same strategy we’ve seen Trump use repeatedly in litigation: delay, delay, delay.
3/Trump's proposed schedule means no filings from the gov't on the evidence in the case & why it complies with SCOTUS' new immunity rule until 1/3. If the court accepts Trump’s view, there would be no proceedings in court until January 27, 2025, a week after the inauguration.
4/Smith wants to file a brief on these issues: "The Government’s proposed brief would provide the defendant and the Court with detailed information regarding the ‘content, form, and context,’ … of the defendant’s conduct, distinguish his private electioneering activity from official action, and rebut the presumption of immunity as to any conduct that the Court may deem official."
5/It's up to Judge Chutkan to decide how to proceed. There are no firm rules. But Trump's transparent effort to keep evidence of his behavior out of public view before the election is no reason to slow walk the case.
6/Trump is afraid of this case. There is no other explanation for a schedule that is meticulously crafted to prevent the government from making any of its arguments until after the election. If Trump had confidence he wasn’t guilty, he’d be champing at the bit to get going.
7/Instead, his lawyers are left arguing that, sure, their guy did it, but his buddies on the Supreme Court said he’s entitled to immunity, so the government can’t prosecute him. More about the coming hearing on these issues Thursday here: open.substack.com/pub/joycevance…
• • •
Missing some Tweet in this thread? You can try to
force a refresh
