DC - Former President Donald Trump indicted, 4 federal counts in 2020 election interference, 1 Aug 2023, Trial 4 Mar 2024 #2

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As far as I know - there is a hearing today per my notes - and I will shorten this up a bit too.

Friday, Dec. 8th:
*Pretrial Hearing (@ 10am 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 11/15/23 reference post #305 here:
https://www.websleuths.com/forums/t...-1-aug-2023-trial-4-mar-2024-2.690382/page-16

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 & ~Util - Terminate Motions.
11/20/23 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. Appeals hearing: 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. 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. "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*).
See posts #309 thru 313 for more info:
https://www.websleuths.com/forums/t...-1-aug-2023-trial-4-mar-2024-2.690382/page-16

11/21/23 Update: (159) Unopposed MOTION for Extension of Time to File Response/Reply to the Special Counsel's Classified CIPA Sec. 5 Motion to Strike by Trump. (Blanche, Todd). Order on Motion for Extension of Time to File Response/Reply & Set/Reset Deadlines. Minute ORDER as to 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 11/27/23. Signed by Judge Tanya S. Chutkan on 11/21/23.
11/22/23 Update: (160) Notice of Filing by USA as to Trump (Windom, Thomas). (161) Reply in Support by Trump re 116 MOTION to Dismiss Case for Selective & Vindictive Prosecution (Blanche, Todd). (162) Reply in Support by Trump re 113 MOTION to Dismiss Case Based on Constitutional Grounds (Lauro, John) (163) Reply in Support by Trump re 114 MOTION to Dismiss Case Based on Statutory Grounds (Lauro, John) .
11/24/23 Update: U.S. vs Trump-Response to Special Counsel's Rule 28(j) Letter filed by D. John Sauer.
11/27/23 Update: Judge Chutkan rejects Trump's effort to subpoena "missing" records from the Jan. 6 committee, noting that they don't actually appear to be missing. Next pretrial hearing on 12/8/23.
11/22/23 Update: (164) 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 11/22/23. Modified on 11/27/23.
11/27/23 Update: (165) Opinion & Order as to Trump: Denying Defendant's 99 Motion for Pretrial Rule 17(c) Subpoenas. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 11/27/23. (166) Motion for Leave to File Under Seal Un-redacted Motion & Exhibits by Trump. Attachments: #1 Trump Motion for an Order regarding the scope of the prosecution team (redacted). #2 Exhibit A, #3 Exhibit B (redacted), #4 Exhibit C (redacted), #5 Exhibit D, #6 Exhibit E (redacted), # 7 Exhibit F (redacted), # 8 Exhibit G (redacted), # 9 Exhibit H, # 10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O)(Blanche, Todd) (Entered: 11/27/23). Leave to File Document. Attachment 1 Trumps Motion for an Order regarding the scope of the prose. Attachment 2 Exhibit A Attachment 3 Exhibit B (redacted) Attachment 4 Exhibit C (redacted) Attachment 5 Exhibit D Attachment 6 Exhibit E (redacted) Attachment 7 Exhibit F (redacted) Attachment 8 Exhibit G (redacted) Attachment 9 Exhibit H Attachment 10 Exhibit I Attachment 11 Exhibit J Attachment 12 Exhibit K Attachment 13 Exhibit L Attachment 14 Exhibit M Attachment 15 Exhibit N Attachment 16 Exhibit O. (167) Motion to Compel Discovery by Trump. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Blanche, Todd) (Entered: 11/27/23).
11/28/23 Update: Minute Order as to Trump: Defendant's 166 Motion for Leave to File Under Seal is hereby GRANTED. The proposed filing contains Sensitive Materials, which the court has already determined warrant sealing. See Protective Order, ECF No. 28. Defendant shall file under seal an un-redacted copy of his Motion for an Order Regarding the Scope of the Prosecution Team & shall publicly file a redacted copy of that Motion, by 11/29/23. The court reminds Defendant that all motions must indicate whether they are opposed. Going forward, if any party seeks to make a filing under seal, the party shall file a sealed motion for leave to file under seal that attaches (1) an un-redacted copy of the filing to be docketed under seal & (2) a redacted copy of the filing that may be publicly docketed. If the court decides to grant such sealed motions for leave to file under seal, it will then direct the Clerk of the Court to docket those attached filings under seal & publicly, respectively. See, e.g., ECF No. 47 (Government's sealed motion for leave to file under seal); ECF No. 55 (court order granting motion & directing Clerk to docket filings appropriately); see also Protective Order at 4; Local R. Crim. P. 49(f)(6)(i). Filings that do not comply with those procedures may be stricken. It is further ORDERED that the Government shall file any opposition to Defendant's Motion for an Order Regarding the Scope of the Prosecution Team by 12/9/23 & Defendant shall file any Reply in support of that Motion by 12/14/23. In addition, the Government shall file any Opposition to Defendant's 167 Motion to Compel Discovery by 12/11/23; and Defendant shall file any Reply in support of that Motion by 12/18/23. Signed by Judge Tanya S. Chutkan on 11/28/23. Order on Motion for Leave to File Document & Set/Reset Deadlines. (168) Notice Pursuant to CIPA Section 5 by Trump (Blanche, Todd) (Entered: 11/28/23).
11/29/23 Update: (169) Redacted Document by Trump of Motion for an Order Regarding the Scope of the Prosecution Team.
12/1/23 Update (171) Memorandum Opinion as to Trump re: Defendant's 74 Motion to Dismiss based on Presidential Immunity & Defendant's 113 Motion to Dismiss based on Constitutional Grounds. Signed by Judge Tanya S. Chutkan on 12/1/23. Order on Motion to Stay. (172) Order as to Trump: Denying Defendant's 74 Motion to Dismiss based on Presidential Immunity & denying Defendant's 113 Motion to Dismiss based on Constitutional Grounds. Signed by Judge Tanya S. Chutkan on 12/1/23. Order on Motion to Dismiss Case & Order on Motion to Dismiss Case. Minutes Order as to Trump:: In light of the court's 172 Order denying Defendant's 74 Motion to Dismiss based on Presidential Immunity; Defendant's 128 Motion to Stay Case Pending Immunity Determination is hereby DENIED as moot. Signed by Judge Tanya S. Chutkan on 12/1/23.
12/4/23 Update: (173) Notice of Filing by USA as to Trump (Windom, Thomas). Government's reply in Support of Motion to Strike Defendant's CIPA Section 5 Notice. 12/5/23 Update; Order on Sealed Motion for Leave to File Document Under Seal. Minute Order as to Trump: The Government's unopposed 174 Sealed Motion for Leave to File Unredacted Notice Under Seal & for Entry of Redacted Notice on Public Docket is hereby GRANTED. The proposed filing contains Sensitive Materials, which the court has already determined warrant sealing. See Protective Order, ECF No. 28. The Clerk of the Court is directed to file under seal the unredacted copy of the Government's Notice (ECF No. 174-1) & to file on the public docket the redacted copy of the Government's Notice (ECF No. 174-2). Signed by Judge Tanya S. Chutkan on 12/5/23. (176) Notice Pursuant to Federal Rule of Evidence 404(b) by USA as to Trump. (Entered: 12/5/23).
12/7/23 Update: (177) Notice of Appeal (Interlocutory) by Trump re 172 Order on Motion to Dismiss Case, 171 Memorandum Opinion. Filing fee $ 605, receipt number ADCDC-10543486. Fee Status: Fee Paid. Parties have been notified. (Lauro, John) (Entered: 12/7/23). Order & Util-set/reset deadlines. (178) Motion for Order regarding automatic Stay of proceedings pending appeal re 177 Notice of Appeal-Interlocutory by Trump. (Blanche, Todd). (179) Notice of Appeal (Interlocutory by Trump re 172 Order on Motion to Dismiss Case, 171 Memorandum Opinion. Filing fee $605, receipt number ADCDC-10543486. Fee Status: Fee Paid. Parties have been notified. (Entered: 12/7/23). Minute Order as to Trump: Upon consideration of Defendant's 178 Motion for Order Regarding Automatic Stay of Proceedings Pending Appeal, it is hereby ORDERED that the government shall file any opposition to Defendant's Motion by 5pm on Sunday, 12/10/23 & that Defendant shall file any Reply by 5pm on Tuesday, 12/12/23. Signed by Judge Tanya S. Chutkan on 12/7/23.
 
Oops - forgot to post this.

Docket update.

Doc # Date Filed Description
177 Dec 7, 2023 NOTICE OF APPEAL (Interlocutory) by DONALD J. TRUMP re 172 Order on Motion to Dismiss Case, 171 Memorandum Opinion. Filing fee $ 605, receipt number ADCDC-10543486. Fee Status: Fee Paid. Parties have been notified. (Lauro, John) (Entered: 12/07/2023) Main Document Notice of Appeal - Interlocutory

Dec 7, 2023 .Order AND ~Util - Set/Reset Deadlines

178 Dec 7, 2023 MOTION for Order Regarding Automatic Stay of Proceedings Pending Appeal re 177 Notice of Appeal - Interlocutory by DONALD J. TRUMP. (Blanche, Todd) (Entered: 12/07/2023) Main Document Order

179 Dec 7, 2023 NOTICE OF APPEAL (Interlocutory) by DONALD J. TRUMP re 172 Order on Motion to Dismiss Case, 171 Memorandum Opinion. Filing fee $605, receipt number ADCDC-10543486. Fee Status: Fee Paid. Parties have been notified. (zhsj) (Entered: 12/07/2023) Main Document Notice of Appeal - Interlocutory

Dec 7, 2023 MINUTE ORDER as to DONALD J. TRUMP: Upon consideration of Defendant's 178 Motion for Order Regarding Automatic Stay of Proceedings Pending Appeal, it is hereby ORDERED that the government shall file any opposition to Defendant's Motion by 5:00 p.m. on Sunday, December 10, 2023, and that Defendant shall file any Reply by 5:00 p.m. on Tuesday, December 12, 2023. Signed by Judge Tanya S. Chutkan on 12/7/2023. (zjd)



link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
 
In an order issued Friday, the D.C. Circuit Court of Appeals has largely upheld U.S. District Judge Tanya Chutkan's gag order in the special counsel's federal election interference case against former President Trump, which prohibits Trump from making public statements about potential witnesses in the case as well as attorneys and court personnel.

The notable change from Chutkan's previous order: Trump is now free to level attacks against special counsel Jack Smith himself -- but not members of his team.

The appeals court also signaled that they will be resistant to Trump's efforts to delay his trial, writing that "Delaying the trial date until after the election, as Mr. Trump proposes, would be counterproductive, create perverse incentives, and unreasonably burden the judicial process."

 
Since I'm here...

Docket update

Doc# Date Filed Description
180 Dec 8, 2023 Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid ON 12/7/2023 as to DONALD J. TRUMP re 179 Notice of Appeal - Interlocutory. (zhsj) (Entered: 12/08/2023) Main Document Transmission of Notice of Appeal and Docket Sheet to USCA


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
 
Prosecutors in Donald Trump's election-interference trial have urged the judge overseeing the case to deny his bid to freeze it pending an appeal.

.... in a court filing this weekend, Special Counsel Jack Smith urged Judge Chutkan to reject the motion to delay the trial, which is scheduled to begin on March 4, 2024.

"During the pendency of the appeal, any number of matters could arise in this case that are not involved in the appeal; the Court should not enter an order preventing it from handling them. "

 
Docket update:

Doc # Date Filed Description
181 Dec 9, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 167 Motion to Compel and in Opposition to ECF No. 166-1 (Motion for an Order Regarding the Scope of the Prosecution Team) (Windom, Thomas) (Entered: 12/09/2023) Main Document Memorandum in Opposition

182 Dec 10, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 178 Motion for Order (Gaston, Molly) (Entered: 12/10/2023) Main Document Memorandum in Opposition


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
 
Jack Smith is going straight to SCOTUS and asking them to immediately take up the question of whether Trump is immune from criminal prosecution:



In the Supreme Court of the United States
UNITED STATES OF AMERICA, PETITIONER
v.
DONALD J. TRUMP
ON PETITION FOR A WRIT OF CERTIORARI
BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT
JACK L. SMITH


 
Jack Smith is going straight to SCOTUS and asking them to immediately take up the question of whether Trump is immune from criminal prosecution:



In the Supreme Court of the United States
UNITED STATES OF AMERICA, PETITIONER
v.
DONALD J. TRUMP
ON PETITION FOR A WRIT OF CERTIORARI
BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT
JACK L. SMITH



Jack Smith is a smart man. He knows that the question will end up before the Supreme Court anyway (imo), so he is going to circumvent the delays if possible.


a.jpg
b.jpg
From your link
 
Jack Smith is a smart man. He knows that the question will end up before the Supreme Court anyway (imo), so he is going to circumvent the delays if possible.


View attachment 467436
View attachment 467437
From your link
I was going to post the article, but I see it has already been posted. Hoping the Supreme Court acts expeditiously to take this case. Trump counts on the courts moving slowly so he can delay his lawsuits as long as possible. I don't think his suit has a chance in he-- of being successful. What is the Supreme court refuses to take the case at this time?
 
I was going to post the article, but I see it has already been posted. Hoping the Supreme Court acts expeditiously to take this case. Trump counts on the courts moving slowly so he can delay his lawsuits as long as possible. I don't think his suit has a chance in he-- of being successful. What is the Supreme court refuses to take the case at this time?

Just looking at the timeline of the Nixon decision. It seems that the Supreme Court at that time heard the case about 2-3 months after the appeal by Nixon (some time in April till 8th July) and then the Supreme Court issued its decision less than three weeks later.

 
Just looking at the timeline of the Nixon decision. It seems that the Supreme Court at that time heard the case about 2-3 months after the appeal by Nixon (some time in April till 8th July) and then the Supreme Court issued its decision less than three weeks later.

Thanks for that info!
 
BBM

In Wisconsin, Dem electors filed suit against fake 2020 electors. The case was settled when the fake electors "acknowledged that Joe Biden won the presidency that year, withdrew their own fraudulent filings, and agreed not to serve as electors in 2024 ― or any other election with Trump on the ballot."

The fake electors admit the "group’s actions were 'part of an attempt to improperly overturn the 2020 presidential election results.'"

 
Last edited:
BBM

In Wisconsin, Dem electors filed suit against fake 2020 electors. The case was settled when the fake electors "acknowledged that Joe Biden won the presidency that year, withdrew their own fraudulent filings, and agreed not to serve as electors in 2024 ― or any other election with Trump on the ballot."

The fake electors admit the "group’s actions were 'part of an attempt to improperly overturn the 2020 presidential election results.'"

The civil case against the fake electors in Wisconsin has been settled after the fake electors admitted they were attempting to overthrow an election, but criminal investigation remains ongoing.

"A criminal investigation is underway in the state against the fake electors, CNN reported Friday citing anonymous sources, with Chesebro reportedly cooperating with prosecutors (the attorney general’s office has not publicly confirmed the investigation)"

 
Breaking: The Supreme Court says it will expedite consideration of the petition from Jack Smith to rule on the question of whether Trump deserves immunity from criminal prosecution for election subversion and instructs team Trump to respond by 12/20, per @JoanBiskupic

So Trump has until Next Wednesday to formlate a response to the Supreme Court- what could he possibly use as an objection to expediting this motion? Can't wait to see it- it will be ridiculous because there is no good reason not to expedite getting this case before the Supreme Court- if you are innocent of the charges- wouldn't an innocent person be chomping at the bit to get this case to trial? But of course we know Trump wants to delay this trial until after the election.
 

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