DC - Former President Donald Trump indicted, 4 federal counts in 2020 election interference, 1 Aug 2023, Trial 4 Mar 2024 #2
- Thread starter sds71
- Start date
Welcome to Websleuths!
Click to learn how to make a missing person's thread
Click to learn how to make a missing person's thread
Stunned
Well-Known Member
- Joined
- Aug 6, 2014
- Messages
- 6,426
- Reaction score
- 45,073
I know what I’m asking Santa for, AGAIN this year! IMO! Ho! Ho! Ho! (I know, too soon!)
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 87,869
- Reaction score
- 296,748
Docket update:
Doc# Date Filed Description
158 Nov 17, 2023 OPINION and ORDER as to DONALD J. TRUMP: Denying Defendant's 115 Motion to Strike Inflammatory Allegations From the Indictment. See Opinion and Order for details. Signed by Judge Tanya S. Chutkan on 11/17/2023. (zjd) Main Document .Order AND Memorandum Opinion AND ~Util - Terminate Motions
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
Doc# Date Filed Description
158 Nov 17, 2023 OPINION and ORDER as to DONALD J. TRUMP: Denying Defendant's 115 Motion to Strike Inflammatory Allegations From the Indictment. See Opinion and Order for details. Signed by Judge Tanya S. Chutkan on 11/17/2023. (zjd) Main Document .Order AND Memorandum Opinion AND ~Util - Terminate Motions
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
TootsieFootsie
Well-Known Member
- Joined
- May 24, 2012
- Messages
- 13,973
- Reaction score
- 94,198
Now we wait for the BIGLY rant.
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 87,869
- Reaction score
- 296,748
I can finally shorten this up a bit...
Monday, November 20th:
*Appeals Court Hearing (@ am ET) - DC – Donald John Trump (77) has been indicted & charged (8/1/23) & arraigned (8/3/23) with four counts re 2020 election: conspiracy to defraud the United States "by using dishonesty, fraud & deceit to obstruct the nation’s process of collecting, counting & certifying the results of the presidential election"; 2 counts of tampering with witness, victim or an informant, conspiracy to obstruct an Official proceeding & conspiracy against rights of citizens. Plead not guilty. Personal recognizance bond. Conditions of release: agreed to by both sides. No violations of federal law. Must appear in court as required. Must sign appearance bond. Shall not communicate about the facts of the case to any individual known to the defendant to be a witness except through attorneys.
Five of the six alleged co-conspirators, based on details provided in transcripts of testimony to the Jan. 6 Committee & other records, appear to be: longtime Trump attorney Rudy Giuliani; lawyer John Eastman, who helped architect the "fake electors scheme"; attorney Sidney Powell, who helped lead Trump's post-campaign legal efforts; former Justice Dept. official Jeffrey Clark, whom Trump considered making his attorney general and Kenneth Chesebro, another attorney pushing the "fake electors scheme." It is not clear who co-conspirator 6 is, but it could be Boris Epshteyn??).
Trump's alleged role in the attack on the US Capitol on 6 January 2021, when a mob of his supporters stormed the building in an effort to stop the confirmation of President Joe Biden's election victory, is under scrutiny from several federal government bodies. The most visible has been a congressional committee that spent 18 months looking into Trump's actions. They held a series of televised hearings laying out their case that his election fraud claims led directly to the riot. Following these hearings, the committee accused Trump of inciting insurrection & other crimes.
Defense attorneys: John F. Lauro, lead attorney, Emil Bove, Fitzah I. Pavalon, Pro Hac Vice, Todd Blanche, Pro Hac Vice & Attorney Will Scharf.
Prosecution: Thomas Windom, Molly Gulland Gaston, J.P. Cooney & James Pearce all lead attorneys.
Magistrate Judge Moxila A. Upadhyaya / U.S. District Judge Tanya Chutkan presiding.
Jury selection set to begin on 2/9/24.
Trial set to begin on 3/4/24.
Case info from 3/25/23 thru 10/11/23 reference post #125 here:
https://www.websleuths.com/forums/t...e-1-aug-2023-trial-4-mar-2024-2.690382/page-7
10/13/23 Update: (102) Notice of attorney appearance for Emil Bove appearing for Trump. The court hereby schedules a hearing on the government's 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings on 10/16/23 @ 10am in Courtroom 9. The requirement of Defendant's appearance is waived for this hearing. Signed by Judge Tanya S. Chutkan.
10/16/23 Update: Motions hearing info see posts #127, to 135, page 7, thread #2. A federal prosecutor has pressed the judge overseeing Donald Trump’s election interference case to impose a gagging order to curb the former president’s diatribes against likely witnesses & others, saying the restrictions would not impact his ability to campaign. In pressing US District Judge Tanya Chutkan to impose the order, special counsel Jack Smith’s team accused the Republican of using increasingly incendiary rhetoric to try to undermine the public’s confidence in the justice system & taint the jury pool. Prosecutors are asking Judge Chutkan to bar Trump and lawyers from making statements “that pose a substantial likelihood of material prejudice to this case”, including inflammatory or intimidating remarks about witnesses, lawyers & other people involved in the case. U.S. District Court Judge Tanya Chutkan imposed an order restricting aspects of Trump's speech following a two-hour proceeding at the E. Barrett Prettyman Federal Courthouse in Washington. The limits cover statements about Special Counsel Jack Smith, the federal court & staff, as well as possible witnesses in the trial scheduled for March. “This is not about whether or not I like the language Trump uses," Chutkan said in handing down her opinion from the bench. "This is about language that presents a danger to the administration of justice.” Possible to grant a narrowly tailored Order. If a participant violates this order i'll entertain motions by parties or sua sponte to consider sanctions.
10/16/23 Update: (102) Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing as to Trump held on 10/16/23 re 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings. Order forthcoming. Bond Status of Defendant: appearance waived, remains on personal recognizance; Defense Attorneys: John F. Lauro & Todd Blanche; US Attorneys: Molly G. Gaston & Thomas Windom. (103) TRANSCRIPT OF MOTION HEARING in case as to Trump before Judge Tanya S. Chutkan held on 10/16/23; Page Numbers: 1-86. Date of Issuance: 10/16/2023. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. Redaction Request due 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/14/2024. (104) NOTICE OF ATTORNEY APPEARANCE James Pearce appearing for USA.
10/17/23 Update: (105) Opinion & Order as to Trump: Granting in part & denying in part the government's 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings; & denying as moot the government's sealed 56 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings. Signed by Judge Tanya S. Chutkan on 10/17/2023.
10/17/23 Update: (106) Notice of Appeal (Interlocutory) by Trump re 105 Memorandum Opinion, Order. Filing fee $505. Parties have been notified. 10/18/23 Update: U.S. Court of Appeals clerk flags the Trump gag order appeal & notes lawyer John Lauro is not a member of the bar for the DC Circuit - Gives him a Nov. 2 deadline to complete his application.
10/18/23 Update: (107) Transmission of the Notice of Appeal, 105 opinion & Order & Docket sheet to US Court of Appeals. The Court of Appeals fee was paid on 10/17/2023 as to Trump re 106 Notice of Appeal - Interlocutory. Transmission of Notice of Appeal & Docket Sheet to USCA. USCA Case # as to Trump 23-3190 for 106 Notice of Appeal - Interlocutory filed by Trump. (108) Memorandum in Opposition by USA to Trump re 101 Motion to Access CIPA Section 4 filing by Thomas Windom.
10/18/23 Update: The Justice Dept. said Wednesday it opposes a request from national media outlets to televise Trump’s upcoming federal criminal trial in Washington, D.C. In the new filing, DOJ signaled it would elaborate in a Nov. 4 brief on its arguments against allowing live video & audio for Trump's March 2024 trial on charges he tried to overturn the 2020 presidential election he lost. NBCUniversal Media earlier this month filed a motion requesting U.S. District Judge Tanya Chutkan allow the trial to be televised by either allowing a pool camera that can be shared between media outlets or by using the court’s existing cameras, which produce a closed-circuit feed available in certain high-profile cases only to reporters in the D.C. federal courthouse. NBCUniversal Media’s filing followed a similar request from a group of media outlets, including ABC News, The Associated Press, C-SPAN, the New York Times, Politico & the Washington Post. The news organizations requested the court to allow them to record & telecast the proceedings, livestream the trial on Youtube, or publish recordings at the end of each day of the trial.
10/19/23 Update: (109) Memorandum in opposition by USA as to Trump re 74 Motion to Dismiss case filed by James Pearce. Snip: Despite Trump's claims, they say, there are no parallels to Lincoln or Washington in his conduct. A former President has no immunity from Federal Criminal prosecution. Trump has claimed that his impeachment acquittal bars prosecution for similar conduct. Prosecutors say that would be an absurd interpretation of the constitution. Prosecutors cite Sen. McConnell & other senators who acquitted Trump because of concerns about ability to convict a former president. Trump embraced that argument at the time. The fact that no ex-president in history has been prosecuted is not a sign that they were immune.
10/20/23 Update: (110) Motion to Stay pending Appeal, request for temporary Administrative Stay & memorandum in Support of Trump filed by John Lauro. Order & Util-Set/Reset deadlines. Minute Order as to Trump: Upon consideration of Defendant's opposed 110 Motion for Stay Pending Appeal, Request for Temporary Administrative Stay & Memorandum in Support, it is hereby ORDERED that the court's 105 Opinion & Order is administratively STAYED to permit the parties' briefing & the court's consideration of Defendant's Motion. It is further Ordered that the government shall file any opposition to Defendant's Motion by October 25, 2023 & that Defendant shall file any Reply by October 28, 2023. Signed by Judge Tanya S. Chutkan. 10/20/23 Update: (111) Response by Trump re 97 Motion for Order for Fair & Protective Jury procedures filed by John Lauro. 10/20/23 Update: (112) Response by Trump re 98 Motion for formal pretrial notice of the defendant's intent to rely on Advice-of-Counsel Defense filed by John Lauro.
10/23/23 Update: (113) Trump's Motion to Dismiss case based on Constitutional grounds. (114) Trump's Motion to Dismiss the indictment based on statutory grounds. (115) Motion to Strike inflammatory allegations from the indictment by Trump (the mention of Jan. 6th attack). (116) Trump's Motion to Dismiss case for Selective & vindictive prosecution.
10/25/23 Update: Trump's former chief of staff Mark Meadows was granted immunity by special counsel Jack Smith & has met with federal prosecutors multiple times. Meadows has spoken with special counsel Jack Smith's team at least three times this year, including once before a federal grand jury, which came only after Smith granted Meadows immunity to testify under oath. Meadows informed Smith's team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless, a striking break from Trump's prolific rhetoric regarding the election. Meadows also told the federal investigators Trump was being "dishonest" with the public when he first claimed to have won the election only hours after polls closed on Nov. 3, 2020, before final results were in. Under the immunity order from Smith's team, the information Meadows provided to the grand jury earlier this year can't be used against him in a federal prosecution. That immunity came after a lawyer for Meadows requested that his client be immunized to testify before the grand jury. A senior Justice Dept. official signed off on the request & an immunity order was then issued by U.S. District Court Judge James Boasberg, the chief judge at the federal court in Washington, D.C., days before Meadows appeared before the grand jury in March. Meadows has not been charged in Smith's federal case, he has been charged -- along with Trump, Giuliani & 13 others -- by authorities in Georgia for allegedly trying to overturn the election results in that state.
10/24/23 Update: (117) Reply in support by USA to Trump re 97 Motion for Order for fair & protective jury procedures. (118) Reply in support by USA to Trump re 98 Motion for formal pretrial notice of the defendant's intent to reply on Advice-of-Counsel defense. Jack Smith says in filing tonight that if Trump tries to mount an “advice of counsel” defense to his Washington, DC charges, it may be complicated by the fact that three of Trump’s lawyer codefendants just pleaded guilty in Georgia. (119) Memorandum in opposition by US to Trump re 99 motion for discovery. (120) Memorandum in opposition by USA to Trump re 110 motion to stay. Special Counsel asks for reinstatement of gag order against Trump in the federal 2020 election case — saying Trump’s post last night (10/25/23) about Mark Meadows testifying under immunity order was inappropriate commentary the gag was supposed to prohibit.
10/26/23 Update: (121) Notice of CIPA § 5 filing & objection to unauthorized deletions of classified information by Trump filed by Todd Blanche. (122) Main document reply in support. 10/26/23 Update: Trump's reply brief in support of his Motion to Dismiss the indictment based on Presidential immunity.
10/27/23: Minute order as to Trump; defendant's combined response, if any, to the 1 Media Coalition's application for Audiovisual access to criminal trial proceedings. Filed in case #23-mc-99-TSC & 1 application for NBCUniversal Media, LLC to permit video & audio of trial in USA vs Trump, filed in case #23-mc-107-TSC is due 11/10/23. It is further Ordered that any response shall be docketed in Case #23-mc-99-TSC signed by Judge Tanya s. Chutkan. Order & -Util-set/reset deadlines.
10/28/23 Update: (123) Reply in support.
10/29/23 Update: (124) Judge Chutkan has reinstated her gag order on Trump because of Trump's 10/24/23 Truth Social post about Mark Meadows. "This statement would almost certainly violate the Order under any reasonable definition of targeting." Opinion & Order as to Trump: Denying defendants (110) Motion to stay pending appeal & lifting the administrative stay imposed by the court's 10/20/23 Minute order. Link:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.124.0.pdf
10/31/23 Update: (125) Leave to file-Denied. Motion of the American Civil Liberties Union & the American Civil Liberties Union of the District of Columbia for Leave to File Brief Amici Curae in Aid of the Court's Re-Evaluation of its Gag Order as to Trump. This document is unavailable as the Court denied its filing. "Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing." Signed by Judge Tanya S. Chutkan.
11/1/23 Update: (126) OPINION & ORDER as to Trump; Granting the government's Classified Ex Parte, In Camera & Under Seal Motion for a Protective Order Pursuant to Section 4 of the Classified Information Procedures Act & Rule 16(d)(1) of the Federal Rules of Criminal Procedure; & denying Defendant's Motion for Access to CIPA § 4 Filing, ECF No. 101. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/1/23. Terminate Motions. (127) Reply in support by Trump re 99 Motion for Discovery (pretrial Rule 17(c) subpoenas by John Lauro. (128) Motion to Stay case pending immunity determination by Trump filed by John Lauro. (129) Motion for extension of time to file motions for Rule 17(c) subpoenas & Motions to Compel by Trump by John Lauro.
11/2/23 Update: A U.S. District Judge Tanya S. Chutkan has scheduled jury selection to begin 2/9/24 in Trump’s Washington, D.C., trial on charges of seeking to subvert the results of the 2020 election. Judge Chutkan set the date for hundreds of District residents to be summoned to the federal courthouse to complete a written questionnaire about the case. Trial set to begin on 3/4/24. Chutkan announced the February start of jury selection in D.C. on Thursday, in a two-page order that grants requests by special counsel Jack Smith to protect the privacy of prospective jurors. Trump’s defense largely agreed to those requests in an earlier court filing. The safeguards include barring either side from directly communicating with potential jurors, using “nonpublic databases” for juror research, disclosing prospective jurors’ names or identifying information, or providing identifying information to others.
10/31/23 Update: (131) LEAVE TO FILE DENIED- Amicus Declaration in Support of U.S. Opposition to Defendant's Motion to Dismiss Dkt 74 Due "Presidential Immunity" as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (132) LEAVE TO FILE DENIED- Plaintiff's Demand for Default Judgments in Third Party Joinder Under FRCP, Rule 18(a) & (b) as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (133) LEAVE TO FILE DENIED- Motion to Withdraw New Motion to Intervene - New Fresh Most Recent Evidence Relate 6/4/09 & 11/4/08 Set June Date Kill Reddie as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (134) LEAVE TO FILE DENIED- Motion of Former Officials in Five Republican Administrations, Et Al for Leave to File an Amici Curiae Brief in Opposition to Defendant's Motion to Dismiss Indictment Based on Presidential Immunity as to Trump. This document is unavailable as the Court denied its filing. "Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (135) LEAVE TO FILE DENIED- Pro Se Amicus Curiae re: Defendant's Motion to Dismiss Indictment Based on Presidential Immunity as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local CriminalRules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23.
11/2/23 Update: Separately, in a Thursday night filing, Trump’s legal team asked an appeals court to stay a limited gag order issued last month by Chutkan, arguing that the order unfairly muffles a leading presidential candidate. The 35-page filing seeks a temporary suspension of the gag order & says that if Trump cannot sway the appeals court, he plans take the request to the Supreme Court.
11/2/23 Update: (130) Order as to Trump: Granting the government's 97 Motion for Fair & Protective Jury procedures. Minute Order as to Trump: It is hereby Ordered that the government shall file any opposition to Defendant's 129 Motion for Extension of Time by 11/4/23 & that defendant shall file any reply in support of that Motion by 11/6/23.
11/3/23 Update: A federal appeals court temporarily lifted a gag order on Trump in his 2020 election interference case in Washington on Friday — the latest twist in the legal fight over the restrictions on the former president’s speech. The appeals court said the temporary pause “should not be construed in any way as a ruling on the merits” of Trump’s bid. The court set oral arguments for 11/20/23 before a panel of three judges. Appeals court Judges Brad Garcia, Patricia Millett & Cornelia Pillard will hear the case. All appointees of Democratic presidents. The appeals court could ultimately uphold the gag order or find that the restrictions imposed by Judge Chutkan went too far. Either way, the issue is likely to be appealed to the Supreme Court, although there’s no guarantee the justices would take up the matter.
11/3/23 Update: (136) Motion for leave to file oversized brief by US to Trump filed by Thomas Windom. Minute Order as to Trump: It is hereby ORDERED that Defendant shall file any opposition to the government's 136 Motion for Leave to File Oversized Brief by 7pm on 11/4/23. This will allow the court to rule on the Motion in advance of the 11/6/23 deadline for the brief in question. Signed by Judge Tanya S. Chutkan on 11/3/23.
11/3/23 Update: (137) Memorandum in Opposition by USA as to Trump re 129 Motion for Extension of Time to File Pretrial Motions Related to Discovery & Subpoenas by Thomas Windom. 11/3/23 Update: Special Counsel Jack Smith told the U.S. District Court for the District of Columbia that his office opposes an effort by media outlets to allow cameras in the courtroom for Trump’s trial. In a filing on Friday night, the special counsel cited a longstanding rule LCrR 53.1.1, which bans cameras of any kind from the courthouse. “While Applicants are free to advocate their views to policymakers, this Court should decline their invitation to ignore the binding nature of Federal Rule of Criminal Procedure 53. Accordingly, the Applications should be denied,” Smith concluded.
11/4/23 Update: (138) Response to Trump re 136 MOTION for Leave to File Oversized Brief (Lauro, John).
11/5/23 Update: Minute Order as to Trump. The government's 136 Motion for Leave to File Oversized Brief is hereby GRANTED. The government may submit a combined opposition brief to Defendant's 113 Motion to Dismiss based on Constitutional Grounds & 114 Motion to Dismiss Based on Statutory Grounds. The brief may not exceed 90 pages in total. The discussion of each Motion therein shall not exceed 45 pages. Signed by Judge Tanya S. Chutkan on 11/5/23. Order on Motion for Leave to File Document.
11/6/23 Update: (139) Memorandum in Opposition by USA as to Trump re 113 Motion to Dismiss Case, 114 Motion to Dismiss Case (Pearce, James). (140) Memorandum in Opposition by USA as to Trump re 115 Motion to Strike (Gaston, Molly). (141) Memorandum in Opposition by USA as to Trump re 116 Motion to Dismiss Case for Selective & Vindictive Prosecution (Windom, Thomas) (142) Memorandum in Opposition by USA as to Trump re 128 Motion to Stay (Gaston, Molly). (143) Notice of attorney appearance John M. Pellettieri appearing for USA. (Pellettieri, John) (144) Reply in Support by Trump re 129 Motion for Extension of Time to File Motions for Rule 17(c) Subpoenas & Motions to Compel (Lauro, John).
11/6/23 Update: Government's Omnibus opposition to defendant's Motions to Dismiss the indictment on statutory & constitutional grounds filed by Jack Smith. Special counsel Jack Smith is rebutting attempts by Trump to have the election-related indictment against him dismissed in Washington, D.C., according to court filings docketed Monday. "No other president has engaged in conspiracy & obstruction to overturn valid election results & illegitimately retain power," prosecutors wrote in a nearly 80-page document. "The indictment squarely charges the defendant for this conduct, and the defendant's constitutional & statutory challenges to it are meritless." But in Monday's filings, prosecutors countered each of the claims, arguing Trump used "deceit, trickery, or dishonest means" to push his scheme to defraud the U.S. after the 2020 election, based on accusations that Trump knowingly made false statements to the public & governmental officials.
11/8/23 Update: (146) Opinion & Order as to Trump: Granting in part & denying in part Defendant's 129 Motion for Extension of Time to File Pretrial Motions Related to Discovery & Subpoenas. Motions to compel due 11/27/23; oppositions due 12/11/23; replies due 12/18/23. Rule 17(c) motions due 12/13/23; oppositions due 12/27/23; replies due 1/3/24. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/7/23. (147) Opinion & Order as to Trump: Granting in part & denying in part the government's Motion for Formal Pretrial Notice of the Defendant's Intent to Rely on Advice-of-Counsel Defense, ECF No. 98 . See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/8/23. Terminate Motions. (148) Main Document. Order & ~Util - Set/Reset Deadlines.
11/9/23 Update: (149) Government's Notice of Filing. [A pleading entitled "Government's Motion to Strike Defendant's CIPA Section 5 Notice. 11/12/23 Update: (150) MOTION for Extension of Time to File Response/Reply as to 116 MOTION to Dismiss Case for Selective & Vindictive Prosecution, 128 MOTION to Stay Case Pending Immunity Determination, 115 MOTION to Strike Inflammatory Allegations From the Indictment, 113 MOTION to Dismiss Case based on Constitutional Grounds, 114 MOTION to Dismiss Case based on Statutory Grounds by Trump (Lauro, John).
11/13/23 Update: (151) Memorandum in Opposition by USA as to Trump re 150 Motion for Extension of Time to File Response/Reply, (Gaston, Molly). (152) ORDER as to Trump: Granting in part & denying in part Defendant's 150 Motion for Extension of Time to File Reply Briefs. Defendant may file any Reply in support of his motions to dismiss based on 113 constitutional, 114 statutory & 116 selective prosecution grounds by 11/22/23; and Defendant may file any Reply in support of his pending 115 Motion to Strike & 128 Motion to Stay by 11/15/23. Signed by Judge Tanya S. Chutkan on 11/13/23.
11/14/23 Update: (153) LEAVE TO FILE DENIED-Motion for Leave to File Amicus as to Trump. This document is unavailable as the Court denied its filing. "Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 11/9/23. (154) LEAVE TO FILE DENIED-Notice of Appeal as to Trump. This document is unavailable as the Court denied its filing. "Even assuming a third party could file a notice of appeal in a criminal cases which the Federal Rules of Criminal Procedure & Local Criminal Rules do not contemplate, this filing does not comply with Rule 3(c) of the Circuit Rules of the U.S. Court of Appeals for the District of Columbia Circuit". Signed by Judge Tanya S. Chutkan on 11/9/23. (155) LEAVE TO FILE DENIED-Proof of Service/Notice of Filing as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 11/9/23.
11/15/23 Update: Trumps reply in support of his Motion to Strike inflammatory allegations from the indictment. (regarding the prosecution assets that Trump is responsible for the vents at the Capitol on 1/6/21. (156) Reply in support by Trump re 115 MOTION to Strike Inflammatory Allegations From the Indictment (Lauro, John). (157) Reply in support by Trump re 128 MOTION to Stay Case Pending Immunity Determination (Lauro, John).
11/17/23 Update: (158) Opinion & ORDER as to Trump: Denying Defendant's 115 Motion to Strike Inflammatory Allegations From the Indictment. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/17/23. Memorandum Opinion AND ~Util - Terminate Motions
Monday, November 20th:
*Appeals Court Hearing (@ am ET) - DC – Donald John Trump (77) has been indicted & charged (8/1/23) & arraigned (8/3/23) with four counts re 2020 election: conspiracy to defraud the United States "by using dishonesty, fraud & deceit to obstruct the nation’s process of collecting, counting & certifying the results of the presidential election"; 2 counts of tampering with witness, victim or an informant, conspiracy to obstruct an Official proceeding & conspiracy against rights of citizens. Plead not guilty. Personal recognizance bond. Conditions of release: agreed to by both sides. No violations of federal law. Must appear in court as required. Must sign appearance bond. Shall not communicate about the facts of the case to any individual known to the defendant to be a witness except through attorneys.
Five of the six alleged co-conspirators, based on details provided in transcripts of testimony to the Jan. 6 Committee & other records, appear to be: longtime Trump attorney Rudy Giuliani; lawyer John Eastman, who helped architect the "fake electors scheme"; attorney Sidney Powell, who helped lead Trump's post-campaign legal efforts; former Justice Dept. official Jeffrey Clark, whom Trump considered making his attorney general and Kenneth Chesebro, another attorney pushing the "fake electors scheme." It is not clear who co-conspirator 6 is, but it could be Boris Epshteyn??).
Trump's alleged role in the attack on the US Capitol on 6 January 2021, when a mob of his supporters stormed the building in an effort to stop the confirmation of President Joe Biden's election victory, is under scrutiny from several federal government bodies. The most visible has been a congressional committee that spent 18 months looking into Trump's actions. They held a series of televised hearings laying out their case that his election fraud claims led directly to the riot. Following these hearings, the committee accused Trump of inciting insurrection & other crimes.
Defense attorneys: John F. Lauro, lead attorney, Emil Bove, Fitzah I. Pavalon, Pro Hac Vice, Todd Blanche, Pro Hac Vice & Attorney Will Scharf.
Prosecution: Thomas Windom, Molly Gulland Gaston, J.P. Cooney & James Pearce all lead attorneys.
Magistrate Judge Moxila A. Upadhyaya / U.S. District Judge Tanya Chutkan presiding.
Jury selection set to begin on 2/9/24.
Trial set to begin on 3/4/24.
Case info from 3/25/23 thru 10/11/23 reference post #125 here:
https://www.websleuths.com/forums/t...e-1-aug-2023-trial-4-mar-2024-2.690382/page-7
10/13/23 Update: (102) Notice of attorney appearance for Emil Bove appearing for Trump. The court hereby schedules a hearing on the government's 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings on 10/16/23 @ 10am in Courtroom 9. The requirement of Defendant's appearance is waived for this hearing. Signed by Judge Tanya S. Chutkan.
10/16/23 Update: Motions hearing info see posts #127, to 135, page 7, thread #2. A federal prosecutor has pressed the judge overseeing Donald Trump’s election interference case to impose a gagging order to curb the former president’s diatribes against likely witnesses & others, saying the restrictions would not impact his ability to campaign. In pressing US District Judge Tanya Chutkan to impose the order, special counsel Jack Smith’s team accused the Republican of using increasingly incendiary rhetoric to try to undermine the public’s confidence in the justice system & taint the jury pool. Prosecutors are asking Judge Chutkan to bar Trump and lawyers from making statements “that pose a substantial likelihood of material prejudice to this case”, including inflammatory or intimidating remarks about witnesses, lawyers & other people involved in the case. U.S. District Court Judge Tanya Chutkan imposed an order restricting aspects of Trump's speech following a two-hour proceeding at the E. Barrett Prettyman Federal Courthouse in Washington. The limits cover statements about Special Counsel Jack Smith, the federal court & staff, as well as possible witnesses in the trial scheduled for March. “This is not about whether or not I like the language Trump uses," Chutkan said in handing down her opinion from the bench. "This is about language that presents a danger to the administration of justice.” Possible to grant a narrowly tailored Order. If a participant violates this order i'll entertain motions by parties or sua sponte to consider sanctions.
10/16/23 Update: (102) Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing as to Trump held on 10/16/23 re 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings. Order forthcoming. Bond Status of Defendant: appearance waived, remains on personal recognizance; Defense Attorneys: John F. Lauro & Todd Blanche; US Attorneys: Molly G. Gaston & Thomas Windom. (103) TRANSCRIPT OF MOTION HEARING in case as to Trump before Judge Tanya S. Chutkan held on 10/16/23; Page Numbers: 1-86. Date of Issuance: 10/16/2023. Court Reporter: Bryan A. Wayne. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. Redaction Request due 11/6/2023. Redacted Transcript Deadline set for 11/16/2023. Release of Transcript Restriction set for 1/14/2024. (104) NOTICE OF ATTORNEY APPEARANCE James Pearce appearing for USA.
10/17/23 Update: (105) Opinion & Order as to Trump: Granting in part & denying in part the government's 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings; & denying as moot the government's sealed 56 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings. Signed by Judge Tanya S. Chutkan on 10/17/2023.
10/17/23 Update: (106) Notice of Appeal (Interlocutory) by Trump re 105 Memorandum Opinion, Order. Filing fee $505. Parties have been notified. 10/18/23 Update: U.S. Court of Appeals clerk flags the Trump gag order appeal & notes lawyer John Lauro is not a member of the bar for the DC Circuit - Gives him a Nov. 2 deadline to complete his application.
10/18/23 Update: (107) Transmission of the Notice of Appeal, 105 opinion & Order & Docket sheet to US Court of Appeals. The Court of Appeals fee was paid on 10/17/2023 as to Trump re 106 Notice of Appeal - Interlocutory. Transmission of Notice of Appeal & Docket Sheet to USCA. USCA Case # as to Trump 23-3190 for 106 Notice of Appeal - Interlocutory filed by Trump. (108) Memorandum in Opposition by USA to Trump re 101 Motion to Access CIPA Section 4 filing by Thomas Windom.
10/18/23 Update: The Justice Dept. said Wednesday it opposes a request from national media outlets to televise Trump’s upcoming federal criminal trial in Washington, D.C. In the new filing, DOJ signaled it would elaborate in a Nov. 4 brief on its arguments against allowing live video & audio for Trump's March 2024 trial on charges he tried to overturn the 2020 presidential election he lost. NBCUniversal Media earlier this month filed a motion requesting U.S. District Judge Tanya Chutkan allow the trial to be televised by either allowing a pool camera that can be shared between media outlets or by using the court’s existing cameras, which produce a closed-circuit feed available in certain high-profile cases only to reporters in the D.C. federal courthouse. NBCUniversal Media’s filing followed a similar request from a group of media outlets, including ABC News, The Associated Press, C-SPAN, the New York Times, Politico & the Washington Post. The news organizations requested the court to allow them to record & telecast the proceedings, livestream the trial on Youtube, or publish recordings at the end of each day of the trial.
10/19/23 Update: (109) Memorandum in opposition by USA as to Trump re 74 Motion to Dismiss case filed by James Pearce. Snip: Despite Trump's claims, they say, there are no parallels to Lincoln or Washington in his conduct. A former President has no immunity from Federal Criminal prosecution. Trump has claimed that his impeachment acquittal bars prosecution for similar conduct. Prosecutors say that would be an absurd interpretation of the constitution. Prosecutors cite Sen. McConnell & other senators who acquitted Trump because of concerns about ability to convict a former president. Trump embraced that argument at the time. The fact that no ex-president in history has been prosecuted is not a sign that they were immune.
10/20/23 Update: (110) Motion to Stay pending Appeal, request for temporary Administrative Stay & memorandum in Support of Trump filed by John Lauro. Order & Util-Set/Reset deadlines. Minute Order as to Trump: Upon consideration of Defendant's opposed 110 Motion for Stay Pending Appeal, Request for Temporary Administrative Stay & Memorandum in Support, it is hereby ORDERED that the court's 105 Opinion & Order is administratively STAYED to permit the parties' briefing & the court's consideration of Defendant's Motion. It is further Ordered that the government shall file any opposition to Defendant's Motion by October 25, 2023 & that Defendant shall file any Reply by October 28, 2023. Signed by Judge Tanya S. Chutkan. 10/20/23 Update: (111) Response by Trump re 97 Motion for Order for Fair & Protective Jury procedures filed by John Lauro. 10/20/23 Update: (112) Response by Trump re 98 Motion for formal pretrial notice of the defendant's intent to rely on Advice-of-Counsel Defense filed by John Lauro.
10/23/23 Update: (113) Trump's Motion to Dismiss case based on Constitutional grounds. (114) Trump's Motion to Dismiss the indictment based on statutory grounds. (115) Motion to Strike inflammatory allegations from the indictment by Trump (the mention of Jan. 6th attack). (116) Trump's Motion to Dismiss case for Selective & vindictive prosecution.
10/25/23 Update: Trump's former chief of staff Mark Meadows was granted immunity by special counsel Jack Smith & has met with federal prosecutors multiple times. Meadows has spoken with special counsel Jack Smith's team at least three times this year, including once before a federal grand jury, which came only after Smith granted Meadows immunity to testify under oath. Meadows informed Smith's team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless, a striking break from Trump's prolific rhetoric regarding the election. Meadows also told the federal investigators Trump was being "dishonest" with the public when he first claimed to have won the election only hours after polls closed on Nov. 3, 2020, before final results were in. Under the immunity order from Smith's team, the information Meadows provided to the grand jury earlier this year can't be used against him in a federal prosecution. That immunity came after a lawyer for Meadows requested that his client be immunized to testify before the grand jury. A senior Justice Dept. official signed off on the request & an immunity order was then issued by U.S. District Court Judge James Boasberg, the chief judge at the federal court in Washington, D.C., days before Meadows appeared before the grand jury in March. Meadows has not been charged in Smith's federal case, he has been charged -- along with Trump, Giuliani & 13 others -- by authorities in Georgia for allegedly trying to overturn the election results in that state.
10/24/23 Update: (117) Reply in support by USA to Trump re 97 Motion for Order for fair & protective jury procedures. (118) Reply in support by USA to Trump re 98 Motion for formal pretrial notice of the defendant's intent to reply on Advice-of-Counsel defense. Jack Smith says in filing tonight that if Trump tries to mount an “advice of counsel” defense to his Washington, DC charges, it may be complicated by the fact that three of Trump’s lawyer codefendants just pleaded guilty in Georgia. (119) Memorandum in opposition by US to Trump re 99 motion for discovery. (120) Memorandum in opposition by USA to Trump re 110 motion to stay. Special Counsel asks for reinstatement of gag order against Trump in the federal 2020 election case — saying Trump’s post last night (10/25/23) about Mark Meadows testifying under immunity order was inappropriate commentary the gag was supposed to prohibit.
10/26/23 Update: (121) Notice of CIPA § 5 filing & objection to unauthorized deletions of classified information by Trump filed by Todd Blanche. (122) Main document reply in support. 10/26/23 Update: Trump's reply brief in support of his Motion to Dismiss the indictment based on Presidential immunity.
10/27/23: Minute order as to Trump; defendant's combined response, if any, to the 1 Media Coalition's application for Audiovisual access to criminal trial proceedings. Filed in case #23-mc-99-TSC & 1 application for NBCUniversal Media, LLC to permit video & audio of trial in USA vs Trump, filed in case #23-mc-107-TSC is due 11/10/23. It is further Ordered that any response shall be docketed in Case #23-mc-99-TSC signed by Judge Tanya s. Chutkan. Order & -Util-set/reset deadlines.
10/28/23 Update: (123) Reply in support.
10/29/23 Update: (124) Judge Chutkan has reinstated her gag order on Trump because of Trump's 10/24/23 Truth Social post about Mark Meadows. "This statement would almost certainly violate the Order under any reasonable definition of targeting." Opinion & Order as to Trump: Denying defendants (110) Motion to stay pending appeal & lifting the administrative stay imposed by the court's 10/20/23 Minute order. Link:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.124.0.pdf
10/31/23 Update: (125) Leave to file-Denied. Motion of the American Civil Liberties Union & the American Civil Liberties Union of the District of Columbia for Leave to File Brief Amici Curae in Aid of the Court's Re-Evaluation of its Gag Order as to Trump. This document is unavailable as the Court denied its filing. "Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing." Signed by Judge Tanya S. Chutkan.
11/1/23 Update: (126) OPINION & ORDER as to Trump; Granting the government's Classified Ex Parte, In Camera & Under Seal Motion for a Protective Order Pursuant to Section 4 of the Classified Information Procedures Act & Rule 16(d)(1) of the Federal Rules of Criminal Procedure; & denying Defendant's Motion for Access to CIPA § 4 Filing, ECF No. 101. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/1/23. Terminate Motions. (127) Reply in support by Trump re 99 Motion for Discovery (pretrial Rule 17(c) subpoenas by John Lauro. (128) Motion to Stay case pending immunity determination by Trump filed by John Lauro. (129) Motion for extension of time to file motions for Rule 17(c) subpoenas & Motions to Compel by Trump by John Lauro.
11/2/23 Update: A U.S. District Judge Tanya S. Chutkan has scheduled jury selection to begin 2/9/24 in Trump’s Washington, D.C., trial on charges of seeking to subvert the results of the 2020 election. Judge Chutkan set the date for hundreds of District residents to be summoned to the federal courthouse to complete a written questionnaire about the case. Trial set to begin on 3/4/24. Chutkan announced the February start of jury selection in D.C. on Thursday, in a two-page order that grants requests by special counsel Jack Smith to protect the privacy of prospective jurors. Trump’s defense largely agreed to those requests in an earlier court filing. The safeguards include barring either side from directly communicating with potential jurors, using “nonpublic databases” for juror research, disclosing prospective jurors’ names or identifying information, or providing identifying information to others.
10/31/23 Update: (131) LEAVE TO FILE DENIED- Amicus Declaration in Support of U.S. Opposition to Defendant's Motion to Dismiss Dkt 74 Due "Presidential Immunity" as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (132) LEAVE TO FILE DENIED- Plaintiff's Demand for Default Judgments in Third Party Joinder Under FRCP, Rule 18(a) & (b) as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (133) LEAVE TO FILE DENIED- Motion to Withdraw New Motion to Intervene - New Fresh Most Recent Evidence Relate 6/4/09 & 11/4/08 Set June Date Kill Reddie as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (134) LEAVE TO FILE DENIED- Motion of Former Officials in Five Republican Administrations, Et Al for Leave to File an Amici Curiae Brief in Opposition to Defendant's Motion to Dismiss Indictment Based on Presidential Immunity as to Trump. This document is unavailable as the Court denied its filing. "Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23. (135) LEAVE TO FILE DENIED- Pro Se Amicus Curiae re: Defendant's Motion to Dismiss Indictment Based on Presidential Immunity as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local CriminalRules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 10/31/23.
11/2/23 Update: Separately, in a Thursday night filing, Trump’s legal team asked an appeals court to stay a limited gag order issued last month by Chutkan, arguing that the order unfairly muffles a leading presidential candidate. The 35-page filing seeks a temporary suspension of the gag order & says that if Trump cannot sway the appeals court, he plans take the request to the Supreme Court.
11/2/23 Update: (130) Order as to Trump: Granting the government's 97 Motion for Fair & Protective Jury procedures. Minute Order as to Trump: It is hereby Ordered that the government shall file any opposition to Defendant's 129 Motion for Extension of Time by 11/4/23 & that defendant shall file any reply in support of that Motion by 11/6/23.
11/3/23 Update: A federal appeals court temporarily lifted a gag order on Trump in his 2020 election interference case in Washington on Friday — the latest twist in the legal fight over the restrictions on the former president’s speech. The appeals court said the temporary pause “should not be construed in any way as a ruling on the merits” of Trump’s bid. The court set oral arguments for 11/20/23 before a panel of three judges. Appeals court Judges Brad Garcia, Patricia Millett & Cornelia Pillard will hear the case. All appointees of Democratic presidents. The appeals court could ultimately uphold the gag order or find that the restrictions imposed by Judge Chutkan went too far. Either way, the issue is likely to be appealed to the Supreme Court, although there’s no guarantee the justices would take up the matter.
11/3/23 Update: (136) Motion for leave to file oversized brief by US to Trump filed by Thomas Windom. Minute Order as to Trump: It is hereby ORDERED that Defendant shall file any opposition to the government's 136 Motion for Leave to File Oversized Brief by 7pm on 11/4/23. This will allow the court to rule on the Motion in advance of the 11/6/23 deadline for the brief in question. Signed by Judge Tanya S. Chutkan on 11/3/23.
11/3/23 Update: (137) Memorandum in Opposition by USA as to Trump re 129 Motion for Extension of Time to File Pretrial Motions Related to Discovery & Subpoenas by Thomas Windom. 11/3/23 Update: Special Counsel Jack Smith told the U.S. District Court for the District of Columbia that his office opposes an effort by media outlets to allow cameras in the courtroom for Trump’s trial. In a filing on Friday night, the special counsel cited a longstanding rule LCrR 53.1.1, which bans cameras of any kind from the courthouse. “While Applicants are free to advocate their views to policymakers, this Court should decline their invitation to ignore the binding nature of Federal Rule of Criminal Procedure 53. Accordingly, the Applications should be denied,” Smith concluded.
11/4/23 Update: (138) Response to Trump re 136 MOTION for Leave to File Oversized Brief (Lauro, John).
11/5/23 Update: Minute Order as to Trump. The government's 136 Motion for Leave to File Oversized Brief is hereby GRANTED. The government may submit a combined opposition brief to Defendant's 113 Motion to Dismiss based on Constitutional Grounds & 114 Motion to Dismiss Based on Statutory Grounds. The brief may not exceed 90 pages in total. The discussion of each Motion therein shall not exceed 45 pages. Signed by Judge Tanya S. Chutkan on 11/5/23. Order on Motion for Leave to File Document.
11/6/23 Update: (139) Memorandum in Opposition by USA as to Trump re 113 Motion to Dismiss Case, 114 Motion to Dismiss Case (Pearce, James). (140) Memorandum in Opposition by USA as to Trump re 115 Motion to Strike (Gaston, Molly). (141) Memorandum in Opposition by USA as to Trump re 116 Motion to Dismiss Case for Selective & Vindictive Prosecution (Windom, Thomas) (142) Memorandum in Opposition by USA as to Trump re 128 Motion to Stay (Gaston, Molly). (143) Notice of attorney appearance John M. Pellettieri appearing for USA. (Pellettieri, John) (144) Reply in Support by Trump re 129 Motion for Extension of Time to File Motions for Rule 17(c) Subpoenas & Motions to Compel (Lauro, John).
11/6/23 Update: Government's Omnibus opposition to defendant's Motions to Dismiss the indictment on statutory & constitutional grounds filed by Jack Smith. Special counsel Jack Smith is rebutting attempts by Trump to have the election-related indictment against him dismissed in Washington, D.C., according to court filings docketed Monday. "No other president has engaged in conspiracy & obstruction to overturn valid election results & illegitimately retain power," prosecutors wrote in a nearly 80-page document. "The indictment squarely charges the defendant for this conduct, and the defendant's constitutional & statutory challenges to it are meritless." But in Monday's filings, prosecutors countered each of the claims, arguing Trump used "deceit, trickery, or dishonest means" to push his scheme to defraud the U.S. after the 2020 election, based on accusations that Trump knowingly made false statements to the public & governmental officials.
11/8/23 Update: (146) Opinion & Order as to Trump: Granting in part & denying in part Defendant's 129 Motion for Extension of Time to File Pretrial Motions Related to Discovery & Subpoenas. Motions to compel due 11/27/23; oppositions due 12/11/23; replies due 12/18/23. Rule 17(c) motions due 12/13/23; oppositions due 12/27/23; replies due 1/3/24. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/7/23. (147) Opinion & Order as to Trump: Granting in part & denying in part the government's Motion for Formal Pretrial Notice of the Defendant's Intent to Rely on Advice-of-Counsel Defense, ECF No. 98 . See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/8/23. Terminate Motions. (148) Main Document. Order & ~Util - Set/Reset Deadlines.
11/9/23 Update: (149) Government's Notice of Filing. [A pleading entitled "Government's Motion to Strike Defendant's CIPA Section 5 Notice. 11/12/23 Update: (150) MOTION for Extension of Time to File Response/Reply as to 116 MOTION to Dismiss Case for Selective & Vindictive Prosecution, 128 MOTION to Stay Case Pending Immunity Determination, 115 MOTION to Strike Inflammatory Allegations From the Indictment, 113 MOTION to Dismiss Case based on Constitutional Grounds, 114 MOTION to Dismiss Case based on Statutory Grounds by Trump (Lauro, John).
11/13/23 Update: (151) Memorandum in Opposition by USA as to Trump re 150 Motion for Extension of Time to File Response/Reply, (Gaston, Molly). (152) ORDER as to Trump: Granting in part & denying in part Defendant's 150 Motion for Extension of Time to File Reply Briefs. Defendant may file any Reply in support of his motions to dismiss based on 113 constitutional, 114 statutory & 116 selective prosecution grounds by 11/22/23; and Defendant may file any Reply in support of his pending 115 Motion to Strike & 128 Motion to Stay by 11/15/23. Signed by Judge Tanya S. Chutkan on 11/13/23.
11/14/23 Update: (153) LEAVE TO FILE DENIED-Motion for Leave to File Amicus as to Trump. This document is unavailable as the Court denied its filing. "Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 11/9/23. (154) LEAVE TO FILE DENIED-Notice of Appeal as to Trump. This document is unavailable as the Court denied its filing. "Even assuming a third party could file a notice of appeal in a criminal cases which the Federal Rules of Criminal Procedure & Local Criminal Rules do not contemplate, this filing does not comply with Rule 3(c) of the Circuit Rules of the U.S. Court of Appeals for the District of Columbia Circuit". Signed by Judge Tanya S. Chutkan on 11/9/23. (155) LEAVE TO FILE DENIED-Proof of Service/Notice of Filing as to Trump. This document is unavailable as the Court denied its filing. "Even if construed as a motion for leave to file an amicus curiae brief, the court is not persuaded that filing this submission is warranted. Although courts have in rare instances exercised their discretion to permit third-party submissions in criminal cases, neither the Federal Rules of Criminal Procedure nor the Local Criminal Rules contemplate the filing of amicus curiae briefs. At this time, the court does not find it necessary to depart from the ordinary procedural course by permitting this filing". Signed by Judge Tanya S. Chutkan on 11/9/23.
11/15/23 Update: Trumps reply in support of his Motion to Strike inflammatory allegations from the indictment. (regarding the prosecution assets that Trump is responsible for the vents at the Capitol on 1/6/21. (156) Reply in support by Trump re 115 MOTION to Strike Inflammatory Allegations From the Indictment (Lauro, John). (157) Reply in support by Trump re 128 MOTION to Stay Case Pending Immunity Determination (Lauro, John).
11/17/23 Update: (158) Opinion & ORDER as to Trump: Denying Defendant's 115 Motion to Strike Inflammatory Allegations From the Indictment. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/17/23. Memorandum Opinion AND ~Util - Terminate Motions
TootsieFootsie
Well-Known Member
- Joined
- May 24, 2012
- Messages
- 13,973
- Reaction score
- 94,198
dmac55
Well-Known Member
- Joined
- Jan 1, 2012
- Messages
- 1,842
- Reaction score
- 8,482
Trump’s D.C. gag order hearing to be live-streamed Monday - MSNBC
'A must-listen': Trump’s D.C. gag order hearing to be live-streamed Monday — MSNBC
'A must-listen': Trump’s D.C. gag order hearing to be live-streamed Monday — MSNBC
ilovewings
Well-Known Member
- Joined
- Mar 11, 2009
- Messages
- 9,242
- Reaction score
- 70,622
I expect him to win this round re: gag order- he just keeps on winning these court battles--- he won't be stopped----this will be ugly for the next year-- and if he should lose today he will take it to the supreme court, and on and on and on
Inthedetails
Well-Known Member
- Joined
- Jul 15, 2014
- Messages
- 26,509
- Reaction score
- 167,553
Neal Katyal
@neal_katyal
"The gag order argument in our nation’s second highest court is … not going well for criminal defendant Donald Trump."
"His lawyer is struggling. Can’t give an example of a statement that would ever meet his standard. His argument makes nonsense of everything the Supreme Court has said about gag orders."
Inthedetails
Well-Known Member
- Joined
- Jul 15, 2014
- Messages
- 26,509
- Reaction score
- 167,553
Kyle Cheney
@kyledcheney
"Seems pretty clear the panel is not thrilled with Trump's position on the gag order. Trump's position is basically that he must commit criminal witness intimidation/tampering to become subject to a gag order, a position the judges say is not tenable."
Inthedetails
Well-Known Member
- Joined
- Jul 15, 2014
- Messages
- 26,509
- Reaction score
- 167,553
Scott MacFarlane
@MacFarlaneNews
·
46m
"Judge: Nothing about statements targeting court staff would be 'campaign speech' Sauer again pivots to dispute over Trump social posts about New York court staffer Judge: We're not talking about New York (The gag order from Judge Chutkan applied to *DC court staff*)"
Inthedetails
Well-Known Member
- Joined
- Jul 15, 2014
- Messages
- 26,509
- Reaction score
- 167,553
Live audio of today's hearing (there is no video streaming):
Smelly Squirrel
(Taylor's Version)
- Joined
- Jul 13, 2011
- Messages
- 4,153
- Reaction score
- 19,628
I suspect that the office of president wasn't named in the clause because it did did not occur to the drafters that a president would ever attempt an insurrection.
Stunned
Well-Known Member
- Joined
- Aug 6, 2014
- Messages
- 6,426
- Reaction score
- 45,073
And yet, here we are…
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 87,869
- Reaction score
- 296,748
So... any news on the Appeals court gag order?
Docket update:
Doc # Date Filed Description
159 Nov 21, 2023 Unopposed MOTION for Extension of Time to File Response/Reply to the Special Counsel's Classified CIPA Sec. 5 Motion to Strike by DONALD J. TRUMP. (Blanche, Todd) (Entered: 11/21/2023) Main Document Extension of Time to File Response/Reply
Nov 21, 2023 Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
Nov 21, 2023 MINUTE ORDER as to DONALD J. TRUMP: Defendant's unopposed 159 Motion for Extension of Time to File Opposition to the Special Counsel's Classified CIPA Sec. 5 Motion to Strike is hereby GRANTED. Defendant may file any opposition to the government's Motion to Strike by November 27, 2023. Signed by Judge Tanya S. Chutkan on 11/21/2023. (zjd)
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
Docket update:
Doc # Date Filed Description
159 Nov 21, 2023 Unopposed MOTION for Extension of Time to File Response/Reply to the Special Counsel's Classified CIPA Sec. 5 Motion to Strike by DONALD J. TRUMP. (Blanche, Todd) (Entered: 11/21/2023) Main Document Extension of Time to File Response/Reply
Nov 21, 2023 Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
Nov 21, 2023 MINUTE ORDER as to DONALD J. TRUMP: Defendant's unopposed 159 Motion for Extension of Time to File Opposition to the Special Counsel's Classified CIPA Sec. 5 Motion to Strike is hereby GRANTED. Defendant may file any opposition to the government's Motion to Strike by November 27, 2023. Signed by Judge Tanya S. Chutkan on 11/21/2023. (zjd)
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 87,869
- Reaction score
- 296,748
Docket update:
Doc # Date Filed Description
160 Nov 22, 2023 NOTICE of Filing by USA as to DONALD J. TRUMP (Windom, Thomas) (Entered: 11/22/2023) Main Document Notice (Other)
161 Nov 22, 2023 REPLY in Support by DONALD J. TRUMP re 116 MOTION to Dismiss Case for Selective and Vindictive Prosecution (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Blanche, Todd) (Entered: 11/22/2023) Main Document Reply in Support Attachment 1 Exhibit 1 Attachment 2 Exhibit 2
162 Nov 22, 2023 REPLY in Support by DONALD J. TRUMP re 113 MOTION to Dismiss Case Based on Constitutional Grounds (Lauro, John) (Entered: 11/22/2023) Main Document Reply in Support
163 Nov 22, 2023 REPLY in Support by DONALD J. TRUMP re 114 MOTION to Dismiss Case Based on Statutory Grounds (Lauro, John) (Entered: 11/22/2023) Main Document Reply in Support
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
Any word on the Appeals court decision on gag order? TIA!
Doc # Date Filed Description
160 Nov 22, 2023 NOTICE of Filing by USA as to DONALD J. TRUMP (Windom, Thomas) (Entered: 11/22/2023) Main Document Notice (Other)
161 Nov 22, 2023 REPLY in Support by DONALD J. TRUMP re 116 MOTION to Dismiss Case for Selective and Vindictive Prosecution (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Blanche, Todd) (Entered: 11/22/2023) Main Document Reply in Support Attachment 1 Exhibit 1 Attachment 2 Exhibit 2
162 Nov 22, 2023 REPLY in Support by DONALD J. TRUMP re 113 MOTION to Dismiss Case Based on Constitutional Grounds (Lauro, John) (Entered: 11/22/2023) Main Document Reply in Support
163 Nov 22, 2023 REPLY in Support by DONALD J. TRUMP re 114 MOTION to Dismiss Case Based on Statutory Grounds (Lauro, John) (Entered: 11/22/2023) Main Document Reply in Support
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
Any word on the Appeals court decision on gag order? TIA!
sds71
Well-Known Member
- Joined
- Aug 13, 2013
- Messages
- 13,902
- Reaction score
- 150,063
Govt notifies DC Circuit panel weighing Judge Chutkan's gag order of the NYAG's filing yesterday referencing 275 pages, single-spaced, of transcribed threats (~half including antisemitic remarks) rec'd by Judge Engoron & his principal law clerk after Trump posted attacks on her.
www.documentcloud.org
DocumentCloud
www.documentcloud.org
Attachments
Niner
Long time Websleuther
- Joined
- Aug 18, 2003
- Messages
- 87,869
- Reaction score
- 296,748
I am not sure I have the correct DC court site to find out when the next hearing is. Would they post this on here:
or somewhere else. @Seattle1 - not sure if you are following this, but I could use your help. The Judge is U.S. District Judge Tanya Chutkan presiding. TIA if you can help me on this.
All I have next is all the motions, etc. are due thru Dec. & Jan. with jury selection beginning on 2/9/24 & trial starts 3/4/24.
or somewhere else. @Seattle1 - not sure if you are following this, but I could use your help. The Judge is U.S. District Judge Tanya Chutkan presiding. TIA if you can help me on this.
All I have next is all the motions, etc. are due thru Dec. & Jan. with jury selection beginning on 2/9/24 & trial starts 3/4/24.
sds71
Well-Known Member
- Joined
- Aug 13, 2013
- Messages
- 13,902
- Reaction score
- 150,063
Trump's lawyers have responded to a 28(j) supplemental authority letter the special counsel sent to the court of appeals on Thanksgiving day. In short, Trump says his threats aren't threats & if they are, he's justified in making them.
Smelly Squirrel
(Taylor's Version)
- Joined
- Jul 13, 2011
- Messages
- 4,153
- Reaction score
- 19,628
Your data are right. You can find the hearing dates at this link, you have to search for the case in the list it generates.
Media - U.S. District Court, Washington, DC
media.dcd.uscourts.gov
Or to get better information, go to the Pacer site. Search for case number 1:23-cr-00257.
PACER: Login
pacer.login.uscourts.gov
If you don't have an account, you can create one for free.
Below are the current deadlines and hearing dates I just got from there, they're in the right hand column.
That doesn't have the jury selection date, but that's given in this order.
Last edited: