NEW: Thanks to order by Judge Cannon, key evidence related to classified docs case is now unredacted.

On the left: What DOJ/Jack Smith wanted to conceal.

On the right: Now we know why. More proof of collaboration btw Biden White House and NARA to concoct a case.
Outrageous lies by Joe Biden, Attorney General Merrick Garland, and DOJ/Jack Smith about "independence" from investigations into Trump.

The Biden White House and DOJ wew intimately involved in developing a criminal case against Trump for records mismanagement--it appears the first go-around related to alleged "destruction" of government papers.

Contrary to public and legal assertions, NARA was working with DOJ/White House to craft a criminal referral by Sept. 2021--FIVE MONTHS before the "official" referral by NARA to DOJ in Feb 2022.

(Govt redactions on left, newly unredacted filing on right.)

As I noted yesterday, Elizabeth Prelogar totally misrepresented (lied?) how DOJ routinely handles sentencing requests for those convicted of 1512c2.

Under questioning from Kavanaugh about prison sentences, Prelogar tried to make it sound like 1512c2 defendants with other nonviolent offenses (common misdemeanors) only get about 24 months in jail.

She quickly mentioned the "Brock" case--referring to Larry Brock, a man from Texas convicted at bench trial of 1512c2 and 5 misdemeanors--and the "enhancement" recently overturned by DC appellate court in 1512c2 convictions.

So what did DOJ ask for in Brock case? Not 24-26 months as Prelogar attempted to mislead Kavanaugh into believing.

NO--DOJ asked for 60 months in prison.

This is far more representative of what DOJ has requested in similar cases. And yes it included the now unlawful enhancement but that was the enhancement DOJ ASKED FOR.
Judge Bates, who convicted Brock, sentenced him to 24 months using 1512c2 felony as basis for the two-year prison term. Fine--but that doesn't erase how or in what manner DOJ asked for FIVE YEARS in prison.

Here is how DOJ got there...by using an "administration of justice" enhancement the appellate court last month concluded was unlawfully applied.

Prelogar forgot about that part:

We are underway at SCOTUS.

Jeffrey Green, representing Joseph Fischer, opens.

Clarence Thomas asks first question and how 2 provisions (c)(1) and "otherwise" (c)(2) are related.

The question is whether the second part--very vague--is tied or independent of the first part: "alters, destroys, mutilates, or conceals a record, document, or other object, with the intent to impair the object's integrity or availability for use in an official proceeding." Amy Coney Barrett asks question on a point raised by Jack Smith, which is whether 1512c2 defendants did attempt to obstruct with documents, i.e., electoral certificates.

KBJ presses Green on whether statute applies to evidence since the word "evidence" doesn't appear in the language.

Kagan: There are multiple ways the drafters of could have drawn "commonality" between c1 and c2.

1512c2 is under USC 1512: "Tampering With Victims, Witnesses, Or Informants."

On a day about "rule of law" and whatnot.

I have just obtained the transcript of April 5 hearing on House Judiciary Committee lawsuit against Mark Daly and Jack Morgan--2 DOJ tax attorneys involved in Hunter Biden investigation--for defying Congressional subpoena for their testimony.

It's better than reported.

Judge Ana Reyes (Biden) hammered DOJ attorneys explaining why DOJ can just ignore the subpoenas. James Gilligan represents DOJ: Here, Reyes refers to Peter Navarro currently serving a four month prison sentence for conviction on contempt of Congress charges for defying J6 Committee subpoena:

Some mini bombshells out of this afternoon's court hearing in Florida classified docs case.

First, things continue to get spicy between Judge Cannon and Jack Smith's team. She expressed great frustration at what she called "secrecy" surrounding grand jury materials in DC. Keep in mind--DOJ then Jack Smith conducted nearly the entire investigation in Trump-hating DC then switched to FLA at last minute for indictment.

Cannon said there is something "ambiguous going on in the background" and commented that it is "impossible to really know" why grand jury materials remain in DC, some under seal.

She pushed Jay Bratt, Smith's lead prosecutor, to explain why records from a closed grand jury matter must remain sealed. Apparently one matter involves Judge Beryl Howell's order that pierced attorney-client privilege between Trump and his lawyer.

Defense attorney Stanley Woodward said he has asked DC court to docket his requests for certain GJ materials. They have "declined," he told Cannon. Second--and stunningly--Jay Bratt basically admitted they do not have proof that Walt Nauta, charged with conspiring with Trump to conceal classified files from Trump's lawyer then the FBI to impede grand jury investigation, moved boxes that actually contained papers with classified markings.

He also indicated he did not believe DOJ would have to prove that at trial. HUH?

That prompted a heated response by Woodward. "Show us the evidence" he said. If, as Bratt stated, they can't or don't have to prove Nauta moved boxes with records with classified markings "there is no crime."

DOJ making "assumptions" that any boxes Nauta moved contained sought-after evidence.

And get this: All the boxes retrieved during MAL raid are at the corrupt Washington FBI field office. Agents apparently removed the alleged "classified documents" and put some sort of marking as to where the contraband paper was in the box.

Suuuure.

MORE from FBI interview with Walt Nauta, Trump's White House valet then personal aide at Mar-a-Lago.

The FBI interrogated Nauta w/o Trump's knowledge. About not just the movement of boxes but Trump's habits and conversations.

Just imagine the FBI doing this to any other former president. FBI agents (unidentified for now but I believe they were out of the Washington FBI office of course) lowkey accuse Nauta of being something other than an aide and pressure him to snitch on his boss--Trump

NEW filings overnight by Walt Nauta, Trump's WH valet and so-called "body man" after he left the White House related to charges in the "classified docs" case.

Jack Smith claimed Nauta moved boxes to conceal classified files from Trump's attorney and FBI. Nauta says--prove it:
I am reading thru Nauta's May 2022 voluntary interview with FBI. Nauta repeatedly states he packed personal items for Trump and did not handle or see classified papers. Nauta oversaw delivery of 15 boxes from MAL to NARA in Jan 2022:

The latest order by Judge Cannon is another withering rebuke of Special Counsel Jack Smith.

While she grants for now his request to keep names of potential government witnesses under seal, she takes shot after shot at him.

Here is how she describes his case: Important to remember Cannon has seen all the evidence including the 32 "national defense information" files. This isn't the first time she's hinted the case is garbage.

She calls BS on Smith's claims of threats/intimidation of witnesses. She'll keep names sealed for now but wants general descriptions of the individuals (NARA Official 1, etc)

Clip 🧵

Judge Tom Hogan, Reagan appointee on the DC district court, went on inactive status late last year.

After that, he reached out to none other than Mary McCord to vent about J6 and Trump. McCord hosted Hogan at Georgetown a few months ago.

What he said is stunning--and representative of the mindset of nearly all of his colleagues on the DC bench: Hogan lied about police fatalities tied to Jan 6 and what happened to Ofc Brian Sicknick.

Keep in mind--Hogan was reversed by the appellate court for locking up under pretrial detention one of two men accused of spraying Sicknick with pepper spray. George Tanios spent 5+ months in the DC gulag before he was released on appeal.

After holding the other man, Julian Khater, behind bars for 18 months until Khater was tormented into taking a plea for assaulting officers.

Hogan allowed Sicknick's ex girlfriend to enter a "victim impact" statement then sentenced Khater to 80 month in federal prison.

Reading Jack Smith's response on jury instructions and it's clear that the gloves are off btw DOJ and Judge Cannon.

One defense attorney just told me: "The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench." Jack Smith's response is hysterical (and not in a funny way in a desperate way) bc he knows he has little control over her decision related to final jury instructions.

And he is arguing the basis for Trump's "unauthorized possession" of national defense material rests on Obama exec order not the Presidential Records Act.

So everyone who cried for months that "DRUMPF BROKE THE PRA!" can sit down. Jack Smith says PRA now has nothing to do with the case.

Also reminder of the bait and switch here. NARA sought files based on the claims Trump was violating the PRA. He produced 15 boxes of papers. NARA then claimed they found records with "classified markings" and sent a criminal referral (1st time ever) to FBI.

FBI promptly opened investigation. FBI sent a subpoena to Trump in May 2022 seeking more records with "classified markings." They turned over 38 more files.

Then in August, FBI sought search warrant seeking "national defense information." Reminder too we have not seen full unredacted application for search warrant.

Did DOJ seek warrant under the PRA or the Espionage Act or Obama's Exec Order or....what?

Add Judge Tim Kelly (Trump appointee and one of the worst on the DC bench) to list of judges threatening to add other enhancements to remaining convictions if 1512c2 is reversed.

This is his threat during a Jan 2024 sentencing for Gilbert Fonticoba, who went inside the building for 3 minutes. In a stipulated bench trial, Kelly found him guilty of 1512c2 and civil disorder.

Defense lawyer arguing against DOJs 62 month prison sentence recommendation based on SCOTUS review of 1512c2.

Here is what Judge Tim Kelly--who will be at the top of the list of any judiciary review of J6--said. "Vary upward" means add time to sentence. Judge Kelly, who sentenced Enrique Tarrio to 22 years, is not just a stammering moron in court he is a moron period.

Kelly--who worked for Sen. Grassley and was Federalist Society approved--JUST SAID the impact of Jan 6 in DC is worse than criminals who rob Walgreens

IMPEACH

House released heavily redacted transcript of J6 committee interrogation of longtime White House employee to pry information about Trump's private phone calls, meetings, and activity on Jan 6.

This is line of questioning led by Dan George, the committee's senior inquisitor:

Pelosi-hired thug asks White House employee--who clearly is not pleased by being forced to cooperate--about a private convo between president and vice president on Jan 6.

This is why Dems/Biden WH wanted this transcript concealed--and why is first part of answer redacted?

NEW: Judge Cannon issued an order related to CIPA (Classified Information Procedures Act) filings in classified documents case. Special Counsel is using CIPA guidance to conceal some materials from Trump, his co-defendants, and lawyers.

For now, Cannon says mostly ok but we'll see on other records. She overall seems inclined to make as much discovery available not just to defense but public, too As a reminder: Judge Cannon has viewed the files in the indictment--which is why her comments last week about "arbitrary enforcement" of Espionage Act should scare the sh*t out of DOJ.

It appears Smith is trying to redact correspondence in the Presidential Daily Brief---from the former president.

The cited Motion to Compel was the bombshell motion filed in January where Team Trump articulated the other members of the prosecution team--Biden WH, intelligence community, National Archives, top DOJ officials--which Cannon is still considering.

In an effort to stem a flood of requests by J6ers serving time for 1512c2, the obstruction count pending before SCOTUS, DOJ and DC US Atty Matthew Graves now warn if it’s reversed and those convicted seek reduced or vacated prison sentence, the govt will ask for MORE time: This is why exuberance over recent appellate court ruling overturning a sentencing enhancement for 1512c2 was unwarranted. DOJ and judges have plenty of options to extend prison time—either based on offense or “upward departures.”

Make no mistake—this is Graves’ way of threatening J6ers sentenced for DOJ unlawful use of 1512c2: if you ask for release or reduced sentence based on SCOTUS’ likely reversal of obstruction count, we’ll figure out a way to make you serve MORE time.

And most DC judges will be only too happy to comply:

NEW: Judge Cannon continues to squeeze DOJ to define the vague terms in the Espionage Act. She just ordered Jack Smith and Team Trump to file proposed jury instructions by April 2 on how jurors should interpret "unauthorized possession" of national defense files.

She attempted to get an answer on this element last week... Cannon repeatedly asked prosecutors to explain which official and/or agency determines "unauthorized possession" of a document. DOJ admitted NARA has no law enforcement role in assessing who--esp a former president or VP--is keeping a record without authority.

Plenty of debate about presidential v personal.

Keep in mind as she mentions Presidential Records Act--she has not yet ruled on Trump's motion to dismiss based on protections of the PRA. I don't know if she is pressing DOJ for this particular jury instruction to help her decide on the motion?

She also hasn't set a hearing on the pending motion to dismiss case on selective prosecution--perhaps DOJs jury instructions/verdict form will help animate her thinking on that matter, too.

declassified.live/p/arbitrary-en…

"The Court finds that the evidence did not establish the District Attorney’s receipt of a material financial benefit as a result of her decision to hire and engage in a romantic relationship with Wade. This finding is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing."

LOL

ajc.com/politics/read-… More LOL:

"Even after considering the proffered cellphone testimony from Defendant Trump, along with the entirety of the other evidence, neither side was able to conclusively establish by a preponderance of the evidence when the relationship evolved into a romantic one."

NEW: From FLA courthouse in Trump's classified documents case with a prediction.

Robert Hur report and testimony is the biggest elephant in the room. The term "arbitrary enforcement" used frequently by both the defense and Judge Aileen Cannon.

Cannon hammered the fact no former president or vice president has been charged under Espionage Act for taking and keeping classified records including national defense information--which represents 32 counts against Trump in Jack Smith's indictment.

Prediction: Cannon won't dismiss the case based on the motions debated today--vagueness of Espionage Act and protection under the Presidential Records Act.

But it's very likely she will dismiss the case based on selective prosecution, a motion still pending before her. Cannon pressed both defense and Special Counsel to explain when the "crime" of willful retention of national defense information begins--she noted the date in Jack Smith's indictment as to when Trump first violated the Espionage Act.

January 20, 2021, the day he left office

Now I understand why more than 3 years later, the FBI arrested the individual who shot a pistol in the air on January 6--even though NBC News and Sedition Hunters had the guy identified long ago.

Here's why--Trump posted this during SOTU on Thursday. Dude was arrested Friday We are supposed to believe the FBI let this troubled homeless guy WHO STABBED SOMEONE TO DEATH in July 2021 but faced no charges then got arrested TWO MORE TIMES after that he committed that murder IS A BIG TRUMP SUPPORTER the FBI just couldn't get their hands on until this week?

ksl.com/article/503512…

Pour one out for the list of self-important "former officials who worked in the last six Republican administrations, senior officials in the White House and Department of Justice" who filed amici briefs in CO SC case including @gtconway3d @judgeluttig @RosenzweigP





More losers: American "historical" scholars

BREAKING: SCOTUS reverses CO Supreme Court Unanimous

Reading appellate opinion in Brock, which basically concluded DOJ/DC judges unlawfully applied a sentencing enhancement for those convicted of 1512c2

The decision also appears to act as another attempt by DC circuit to salvage DOJ’s overall use of 1512c2

This footnote is 🙄

Footnote refers to this dandy by Obama appointee Patricia Willett in May 2023, denying Brock's early release pending appeal.

To my knowledge, not even DOJ is making this argument in appeals of 1512c2.

Appellate court is desperate to convince SCOTUS not to reverse DOJ application of 1512c2 against more than 330 J6ers and Donald Trump.

SCOTUS granted cert in December; oral arguments set for April 16. Both controlling appellate court decisions (2-1) on 1512c2 were authored by Judge Florence Pan; her opinion in the Joseph Fischer appeal is the case before SCOTUS.