Julie Kelly 🇺🇸 Profile picture
Sep 5 5 tweets 3 min read Read on X
Hearing in Jack Smith's J6 indictment against Donald Trump just ended.

It is a travesty cameras are now allowed in federal courtrooms so the American people can see what an unprepared, intemperate, smug, and condescending judge Tanya Chutkan is. The public would be outraged at her highly partisan and aggressive handling of this unprecedented case.

Chutkan, reversed by the Supreme Court and criticized by the chief justice for rushing her immunity order, came out swinging this morning.
Not only is she clearly agitated by SCOTUS immunity ruling, it is unclear whether she even read it.

On a number of occasions, she argued with John Lauro, Trump's defense attorney, about the elements of the opinion. "That's not how I read it," she said when misinterpreting what the opinion said.

At one point, during a discussion about mandatory appeal based on any other immunity decision she makes, Chutkan opined that "there will be a reversal (on her future immunity order) no matter what I do."

That is a dangerous sign. What Chutkan suggested is she will recklessly handle pending immunity questions related to Trump's comms with VP Pence because she feels SCOTUS will overturn her once again.

At issue is SCOTUS determining those comms with Pence are "presumptively immune." Chutkan said she didn't read it that way. (That's what it said.)

A ruling that Trump-Pence comms are protected under immunity would torpedo the entire indictment. Smith already had to cut 9 pages of original indictment bc Trump's comms with DOJ were conclusively immune.

Further, those immunized conversations not only are barred from being cited in an indictment, the protected comms cannot be used in any stage of the investigation or prosecution.
Chutkan, as she has said consistently since this case landed on her docket, emotionally emphasized that the presidential election will not affect her scheduling order, which she will file later today.

"I understand there is an election" soon, Chutkan said.

"It is not relevant. This court is not concerned with the electoral schedule. It is nothing I will consider."

But her own words and actions contradict that assertion. She attempted to rush the proceedings as soon as the SCOTUS mandate returned to her court--so much so that even Jack Smith had to ask to delay her status report and hearing deadline.

Further, she is contemplating taking what even she describes as an "irregular" procedure which is allow Jack Smith to file an "opening brief" to outline why he believes the existing indictment is not covered by SCOTUS immunity ruling.

Lauro strenuously objected to taking such an unusual step. Such a brief, Lauro argued, would be "enormously prejudicial" and noted Smith already filed a superseding indictment and it is the defense's turn to respond.

Chutkan shot back that the defense would have plenty of time to respond to such a brief, which Smith's prosecutor Tom Windom said could be submitted in about 3 weeks.

This is PRECISELY the sort of shoddy, hasty work that landed Chutkan in trouble at SCOTUS.
"not" allowed typing too fast
Chutkan, as I have reported before, was also in full performance mode.

She made snide comments to generate laughter in the DOJ friendly crowd. She crossed her arms, held up her hand, pointed, and smirked during her back and forth with Lauro.

She took a swipe at Judge Cannon's ruling dismissing documents case by concluding Smith's appointment was unconstitutional. (I doubt she read that opinion either.)

But perhaps her most egregious comment--and one that demonstrates she is not concerned or understands the gravity of the matter before her--is when she blurted out "I am not talking about the presidency of the United States I am talking about a four-count indictment."

WHAT?

This matter is ALL about the future of the presidency--what conduct is immune from criminal prosecution and what conduct is not.

This is not just some drug or J6 case.

That comment alone is disqualifying and a signal that like her colleagues on the DC bench, she DGAF about what SCOTUS determines.

More later.

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More from @julie_kelly2

Oct 1
Today by noon ET, Donald Trump's lawyers will file under seal objections to proposed redactions in Jack Smith's novel (that's being nice) "Motion for Immunity Determinations" currently under seal as well.

Unlike Smith's position in FLA docs case--where DOJ wanted to keep basically all discovery including grand jury testimony and other records under seal over unsubstantiated fears of "witness" intimidation--Jack Smith now is prepared to post what he otherwise refers to as "sensitive" material in an effort to weaponize J6 against Trump as Americans start to vote.

Judge Aileen Cannon routinely denied Smith's broad sealing requests. Here she is in April 2024:Image
In DC J6 case, Smith is ready to post grand jury testimony, FBI 302s, etc--records he wanted sealed in the FLA case when Trump.

Judge Cannon ultimately ruled that some evidence could be posted with names, identifying info mostly redacted.

Here was Smith in FLA in Feb 2024: Image
Here is Jack Smith's top prosecutor explaining to Judge Chutkan last month what this massive motion will entail. DOJ using SCOTUS immunity ruling to justify its new stance about sealing discovery and protecting witnesses.

Does anyone believe Jack Smith will fight to keep this stuff redacted? NO. What Smith just set up is a redaction fight where Trump looks like the one wanting to keep evidence under wraps.

And as far as not including names of witnesses--between the indictment, the J6 committee report, and media coverage--it will take about 6 seconds to figure out who said what to investigators.Image
Read 4 tweets
Sep 25
Jim Jordan opens Weaponization committee hearing today with DOJ IG Michael Horowitz by noting the FBI has not yet found the J6 pipe bomber.

The committee, Jordan notes, is investigating the "double standards" at the "Biden/Harris DOJ."
LOL major dbag Glenn Kirschner a witness in weaponization committee. Bragging about his prosecutorial record--he has been tip of the spear in attempted character assassination and harassment of Judge Aileen Cannon.

Kirschner now talking about Project 2025 and bringing up Jeff Clark being charged in Georgia. LOL Kirschner claims Project 2025 threatens the "independence and apolitical work" of the DOJ.

LOLOLOLOLOLOL
I hope someone on @Weaponization asks Kirschner about his coordinated targeting of Cannon.

It got so bad that the 11th Circuit stopped accepting complaints that Kirschner publicly helped organize

GeneralOrder2024-J.pdf ()uscourts.gov
Read 4 tweets
Sep 24
In the most sneering tone possible, Tanya Chutkan as predicted grants Jack Smith motion to file a gargantuan 180-page “brief” in Trump’s J6 case. Image
Chutkan HERSELF described Smith's proposed brief explaining why DOJ believes the new indictment is not covered by presidential immunity as "irregular" and outside the "ordinary course" of court procedure.

She again says the election is of no concern to her--which is bullshit Image
It is this type of glibness and quite frankly, laziness, that got Chutkan smacked down by SCOTUS. Chief Justice John Roberts repeatedly criticized Chutkan for her lack of fact finding and due diligence before hastily issuing her Dec 2023 denying all forms of presidential immunity for Trump in the J6 case.

Chutkan now is saying--ok SCOTUS you want a "careful" assessment of immunity in existing indictment? Fine--I will let Jack Smith do it first.Image
Read 4 tweets
Sep 19
And so it begins.

As I have reported, DC US Attorney Matt Graves is using a new charge in the J6 prosecution to work around SCOTUS decision in Fischer, which overturned how DOJ applied 1512(c)(2).

Yesterday, Graves filed a superseding indictment against a California woman on 18 USC 372, "conspiracy to impede officers."

To my knowledge, this charge has not been brought in the nearly 4-year criminal prosecution of J6ers. (If it has, it applied only to a handful.)

Graves is now referring to elected members of Congress as "officers."Image
Image
It's hard to overemphasize how cynical, defiant, and deceptive this is.

Graves indicted Christina Kelso on 1512(c)(2) on 5/15/24--ONE MONTH AFTER SCOTUS ORAL ARGUMENTS IN FISCHER.

Everyone knew SCOTUS would reverse DOJ but Graves didn't care. In a solid stick in the eye to the court, Graves continued to bring the obstruction felony.

So now Graves is (1) dismissing the count but asking for same prison sentence in existing cases or (2) filing superseding indictment to drop 1512c2 but add another felony in its place.Image
To put this in perspective--Graves brought the 372 charge in high profile cases such as Proud Boys and Oath Keepers.

He is now using it against a 46-year-old woman who never went inside the building, is not accused of assaulting police, or destroying property. Image
Read 5 tweets
Sep 17
Getting up to speed on this batshit crazy lawsuit @nataliegwinters posted earlier today.

A Michigan "welfare rights" organization, 3 black Michigan voters, and NAACP filed a lawsuit against Donald Trump and RNC in WASHINGTON DC in Nov 2020 claiming Trump/RNC violated the Voting Rights Act and Ku Klux Klan act by attempting to uncover election fraud.

Of course the plaintiffs filed the lawsuit in Trump-hating DC federal court. It was initially given to Judge Emmet Sullivan--he went on senior status so it was transferred to Ana Reyes, a Biden appointee, in Feb 2023.

Then MAGICALLY--at the same time she was handling Jack Smith's J6 indictment and addressing unprecedented questions of presidential immunity from criminal prosecution--the case was reassigned to Judge Tanya Chutkan.

The courts claimed Reyes had a "conflict" but it took Reyes 8 months to mention it?

Sounds legitImage
Sullivan refused to toss the case out of DC.

The lawsuit is rife with allegations that are now covered by presidential immunity per SCOTUS. But that isn't stopping the defendants or Judge Chutkan from advancing the case.

When the issue of presidential immunity was raised during a Nov 2023 hearing on the lawsuit, Chutkan said the immunity matter would be "at least resolved in the lower courts shortly."

She issued her order denying immunity one week later.

Of course she was overturned by SCOTUS on July 1; Chief Justice Roberts criticized Chutkan for her hasty handling of the unprecedented issue.

She knew at this point she planned to deny Trump's immunity claims from criminal prosecution thereby greenlighting (at least temporarily) the civil suit.Image
So after SCOTUS opinion on immunity, the Michigan plaintiffs came back to court asking Chutkan to allow them to file a THIRD amended complaint.

They essentially want Chutkan to approve any efforts by Trump campaign and/or RNC to LAWFULLY investigate voting fraud.

Chutkan has not ruled on a Jan 2023 motion by Trump to dismiss the case.Image
Read 4 tweets
Sep 15
John Roberts, no flamethrower, privately expressed to the other justices his disgust with DC lower courts rulings on presidential immunity.

He also criticized their decisions in his immunity order.

Judges Tanya Chutkan, Florence Pan, Michelle Childs, and Karen Henderson should be forced to resign for their sloppy work in an effort to rush DOJ’s J6 case against Trump before the election
Too bad Chief Justice Roberts wasn’t in Chutkan’s courtroom on Sept 5 so he could see that she DGAF what he said in the immunity opinion.

Total defiance and arrogance on display rather than any contrition

open.substack.com/pub/juliekelly…
Judge Flo Pan should be impeached. Not only did she come up with the absurd “Seal Team Six” hypothetical, she also authored 2 rulings upholding 1512c2 in Jan 6 prosecution also overturned by SCOTUS In Fischer

open.substack.com/pub/juliekelly…
Read 4 tweets

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