BREAKING: Judge Cannon has just wrongly dismissed the Mar-a-Lago documents case based on a purported appointments clause violation

This is insane & will not only be reversed by the 11th circuit but may result in the ouster of Judge Cannon, a thread 🧵

slate.com/news-and-polit… This is Cannon’s worst distortion of the law (in a long line of bad opinions)

She ignored the plain text of statutes like 28 USC 533 that authorize Smith’s appointment

Last time, the conservative 11th Circuit smacked her down & they may do so again here…
cnn.com/2024/04/03/opi…

BREAKING: Donald Trump has filed his motion for a new trial in Manhattan based on SCOTUS' immunity decision

I have reviewed the brief

SCOTUS' ruling that OFFICIAL acts are immune is no basis to throw out this UNOFFICIAL acts case

A thread 1/x

cnn.com/2024/07/03/opi… The first clue that Trump’s brief was gonna be garbage is that instead of getting to the point the brief begins with an extended screed complaining about the following... cont'd 2/x

BREAKING: Trump is seeking to stall his NY sentencing by claiming today’s immunity opinion somehow applies to his convictions for purely personal acts like 2016 election interference and creating phony business docs in 2017

It won’t work—a thread (1/x)

cnn.com/2024/04/25/opi… First, he already raised immunity when he removed the Manhattan case to federal court

He lost

And then he abandoned his appeal! He’s collaterally estopped (2/x)

msnbc.com/opinion/msnbc-…

At tonight’s debate, Trump's conviction for 2016 election interference & cover-up will be front & center

But we should also be talking abt his likely jail sentence that our big @Just_Security report discusses

A thread 1/x

justsecurity.org/97186/trump-se… @just_security Trump was convicted of falsifying business records to cover up 2016 election interference by a jury of his peers

And on 7/11, the judge will decide what his sentence will be 2/x

This McConnell piece ⁦@WSJ⁩ should be on the syllabus for a disinformation class. To take only 1 example, the jury WAS unanimous on all the elements of the verdict & prosecutors theory of the case was disclosed to the defense in 2023! A thread 1/x wsj.com/articles/why-r… For example here is the March 2023 response to Trump’s request for Bill of particulars fully disclosing ALL the alternative “other crimes” that made this document falsification a felony, including the state election conspiracy 2/x justsecurity.org/wp-content/upl…

It is amazing to me that people would jump to conclusions about this apparent malicious prank message in the court’s Facebook page. How do we know it is likely a prank? THREAD Look at the Facebook page of “Michael Anderson,” they call themselves a “professional shitposter”

2/xfacebook.com/profile.php?id…

Another day & another delay from SCOTUS on Trump’s bizarre presidential immunity claims delaying his January 6th case

The pro-Trump Justice Alito/Thomas axis is openly complicit in helping Trump dodge justice

THREAD👇 There's no reason for delay on Trump's baseless immunity claims, SCOTUS decided monumental cases quickly:

Pentagon papers: 4 days
Watergate tapes: 16 days
Trump CO ballot status: 25 days

If the same consideration was applied to the J6 case, we would have had a ruling by May 20

I am amazed at critics of the 2016 election interference trial of Trump who get the most basic facts wrong

The DA has specified intent to conceal not just one but THREE other crimes

That has been litigated, judge has accepted & all 3 are being proven to jury daily!

1/x The DA spelled this out almost A YEAR AGO in May 2023 the Response to Trump’s Request for a Bill of Particulars

2/x

My friend @jedshug has a new & profoundly wrong essay @nytopinion about the Trump NY trial

It's a follow up to the one he wrote last year where ALL of his major points were ultimately proven incorrect (as he partially admits, 2his credit)

This one is even more wrong-headed 1/x @jedshug @nytopinion It's all the more disappointing because Jed is a smart guy

He starts out ok by tacitly acknowledging he was wrong last year:

"I thought an array of legal problems would and should lead to long delays in federal courts."

Nope. Didn't happen as we all now know 2/x

Back in court at 100 Centre for #TryingTrump

I’ll be sitting with my @just_security colleague @KlasfeldReports & the great @gtconway3d to LIVE TWEET. Plz follow along

Appreciate the kind words from them & others in line for my new book about the case👉 amazon.com/Trying-Trump-E…
Greetings from inside the courtroom where I count about 88 members of the press & 8 ordinary citizens who waited in line starting at 1155 pm last night!

I interviewed them all—they were like a mini jury pool & what they told me is fascinating…

2/x

BREAKING: I’ve just done a 1st pass through all nine(!) filings that were released today in the Manhattan Trump criminal case

I’ve seen enough: SDNY’s last minute document dump is not going to significantly slow this trial

I’m booking my hotel room for April

A thread 1/x First things first, where can you read all nine motions in one place?

On the comprehensive @just_security Trump Trials Calendar & Clearinghouse natch, co-edited by me & the great @rgoodlaw

Includes all the filings in all the main cases & a comprehensive all-in-1 calendar too
justsecurity.org/88175/trump-tr…

BREAKING: Trump has filed his immunity brief at SCOTUS & if it's possible, his position that he is above the law has become even more abhorrent

A thread

1/x supremecourt.gov/DocketPDF/23/2…
The lies literally began w the very first sentence in the brief that "no former or current president faced criminal charges for his official acts" bc "the president cannot function" if such charges can be brought

That's false: the reason no other POTUS faced criminal charges is because none engaged in conduct like that of Trump

2/x

BREAKING: in the New York election interference case the judge has ruled on the motions in limine

It’s a disaster for Trump and a home run for the DA

Probably a signal that trial will proceed in April

A thread 1/x

nycourts.gov/LegacyPDFS/pre… The above link was to the rulings on Trump’s motions and here is the link to the rulings on the DA’s

DA won almost everything & Trump lost almost everything

2/xnycourts.gov/LegacyPDFS/pre…

BREAKING: Judge McAfee has followed our recommendation and called for Wade to go👇

If he does—& he will—Willis stays

Now let’s get that trial scheduled for the summer!

A thread (1/x)

justsecurity.org/91368/why-fani… The Judge embraced the essence of Solomonic wisdom in his clever ruling by recognizing there was no actual disqualifying conflict of interest, but that the appearance of impropriety is distracting from the main issue at stake in this case -- alleged election interference

I've said from the start Wade must go & now the Judge has ruled the same👉 (2/x)washingtonpost.com/national-secur…

BREAKING: Trump is seeking to stall the NY trial by relitigating the immunity issues

Only one problem, he already tried & lost & he’s collaterally estopped

It won’t work—a thread (1/x)

msnbc.com/opinion/msnbc-… When Trump tried & failed to remove the case he litigated and/or waived all of his immunity defenses

Judge Hellerstein found that Trump "has expressly waived any argument premised on a theory of absolute presidential immunity"

So he can’t raise it now (2/x)

Make no mistake: American democracy is in a very dangerous situation post-SCOTUS immunity order & other developments

But there's also a lot we can do about it

A thread on how Trump's election interference can—& WILL—get to trial in 2024 & how to make that happen

1/x - TN
msnbc.com/opinion/msnbc-… Let’s start with the SCOTUS order

It’s a compromise between one wing of the court that wanted to dismiss the case out of hand & another that wanted to hear the case in the normal course (which could have meant this fall!)

They split the baby instead 👇

2/xmsnbc.com/opinion/msnbc-…

Lotta news but something MAJOR happened last night

Smith filed motion for Judge Cannon to reconsider order unsealing names & stmts of some witnesses in MAL docs case

This could be start of getting Cannon thrown off case under 11 Cir bias rules👇(1/x)
slate.com/news-and-polit… Cannon already has two strikes against her from when she oversaw the docs investigation

First the 11th Cir preliminarily reversed a stay she imposed

And then they permanently reversed her outrageous appointment of a special master

This latest order may be strike three…

5 BIG TAKEAWAYS FROM TODAY’S LANDMARK HEARING

1. The argument put the lie to those who said that @CREWcrew shouldn't have brought this case

Today was a good one for rule of law, however the vote turns out as I have explained👇 slate.com/author/norman-… @CREWcrew 2. The Justices’ overarching concern: how you could possibly administer this disqualification from state to state?

The real answer is, take it up w the framers who structured our federalism

But this concern is a serious one & is likely to carry the day

https://x.com/NormEisen/status/1755626813752005100?s=20

LIVETWEETING

BOOM out of the box as I predicted below—Thomas asking about the Congressional off-ramp

https://twitter.com/normeisen/status/1755607175257571357

Uh oh for Trump—Roberts pushing back on Secretary of State powers to enforce qualifications generally

WHAT TO LISTEN FOR IN TODAY’S 14TH AMENDMENT ARGUMENT

A thread 👇 Trump clearly “engaged in insurrection” under 14.3 & should be DQ’ed

But we all know persuading SCOTUS ain’t gonna be easy

Here’s how to analyze today’s argument in real time 👉

1/x

WHY 14A DQ IS NOT ANTI-DEMOCRATICslate.com/news-and-polit…

Trump’s latest filing is wrong

He continues to claim that Willis’s “extrajudicial public comments" at the Big Bethel AME Church somehow disqualify her from the case

But the law is clear — they do NOT (1/x) As @statesunited's amicus brief for 17 ethics and criminal law all-stars explains, Willis’s comments in church don’t even come CLOSE to DQ 2/x

statesuniteddemocracy.org/wp-content/upl…