Inthedetails
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The last half'ish part of the document addresses the immunity issue and makes the case that the defendant is not immune from the charges made against him.
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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Inthedetails
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For sure. But now I'm thinking maybe the rally was for that run-off election in GA? I don't recall when that was? So maybe it was a legit rally for others, but used by the defendant for selfish reasons.
jmo
vls12345
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Yes, it was (supposedly) to stump for Perdue and Loeffler in GA during the runoffs in GA.
Trump makes multiple false claims in first campaign rally since election loss
President Trump, who has refused to concede the election, appeared at a rally for Georgia Senators Kelly Loeffler and David Perdue.
www.cbsnews.com
SouthAussie
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"An FBI Computer Analysis Response Team forensic examiner can testify about “the news and social media applications” on Trump’s phone, Smith wrote in the filing, “and can describe the activity occurring on the phone throughout the afternoon of January 6.”
Those logs show that Trump “was using his phone, and in particular, was using the Twitter application, consistently throughout the day after he returned from the Ellipse speech.”
Smith said that three unidentified witnesses are also prepared to testify that on the afternoon of January 6, the television in the White House dining room where Trump spent much of the day was “on and tuned into news programs that were covering in real time the ongoing events in the Capitol.”
That testimony would allow prosecutors to show a future jury what Trump saw unfolding on TV while he made comments and posted online that afternoon."
Special counsel Jack Smith provides fullest picture yet of his 2020 election case against Trump in new filing
Those logs show that Trump “was using his phone, and in particular, was using the Twitter application, consistently throughout the day after he returned from the Ellipse speech.”
Smith said that three unidentified witnesses are also prepared to testify that on the afternoon of January 6, the television in the White House dining room where Trump spent much of the day was “on and tuned into news programs that were covering in real time the ongoing events in the Capitol.”
That testimony would allow prosecutors to show a future jury what Trump saw unfolding on TV while he made comments and posted online that afternoon."
Special counsel Jack Smith provides fullest picture yet of his 2020 election case against Trump in new filing
SouthAussie
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“So what?” the filing quotes Trump as telling an aide after being advised that his vice president, Mike Pence, had been rushed to a secure location after a crowd of violent Trump supporters stormed the U.S. Capitol on Jan. 6, 2021 to try to prevent the counting of electoral votes.
.......
“The details don’t matter,” Trump said, when told by an adviser that a lawyer who was mounting his legal challenges wouldn’t be able to prove the false allegations in court, the filing states.
.......
In one instance, a campaign employee .. a Trump co-conspirator .. was told that results favoring Democrat Joe Biden at a Michigan polling center appeared accurate. The person is alleged to have replied: “find a reason it isn't” and “give me options to file litigation.”
.....
Trump “disregarded” Pence “in the same way he disregarded dozens of court decisions that unanimously rejected his and his allies’ legal claims, and that he disregarded officials in the targeted states — including those in his own party — who stated publicly that he had lost and that his specific fraud allegations were false”
.....
That “steady stream of disinformation” in the weeks after the election culminated in his speech at the Ellipse on the morning of Jan. 6, 2021 ... Trump “used these lies to inflame and motivate the large and angry crowd of his supporters to march to the Capitol and disrupt the certification proceeding” .... His “personal desperation was at its zenith” that morning
Read Jack Smith’s unsealed court filing that says Trump ‘resorted to crimes’ after 2020 election
.......
“The details don’t matter,” Trump said, when told by an adviser that a lawyer who was mounting his legal challenges wouldn’t be able to prove the false allegations in court, the filing states.
.......
In one instance, a campaign employee .. a Trump co-conspirator .. was told that results favoring Democrat Joe Biden at a Michigan polling center appeared accurate. The person is alleged to have replied: “find a reason it isn't” and “give me options to file litigation.”
.....
Trump “disregarded” Pence “in the same way he disregarded dozens of court decisions that unanimously rejected his and his allies’ legal claims, and that he disregarded officials in the targeted states — including those in his own party — who stated publicly that he had lost and that his specific fraud allegations were false”
.....
That “steady stream of disinformation” in the weeks after the election culminated in his speech at the Ellipse on the morning of Jan. 6, 2021 ... Trump “used these lies to inflame and motivate the large and angry crowd of his supporters to march to the Capitol and disrupt the certification proceeding” .... His “personal desperation was at its zenith” that morning
Read Jack Smith’s unsealed court filing that says Trump ‘resorted to crimes’ after 2020 election
SouthAussie
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"The filing from Smith is divided into four parts.
The first part lays out the evidence against Trump, including information that was included in the indictment against him.
The second section details the legal issues surrounding presidential immunity, followed by a section that "establishes that nothing the Government intends to present to the jury is protected by presidential immunity."
The final portion details what the government is asking the court to do, namely to rule that Trump must stand trial."
"Smith's brief argues that Trump's scheme to remain in power for a second term "was a private criminal effort," not one that involved official conduct, and that Trump tried to overturn the election in his capacity as a candidate — not as president."
Key takeaways from special counsel Jack Smith's major filing in Trump's 2020 election case
The first part lays out the evidence against Trump, including information that was included in the indictment against him.
The second section details the legal issues surrounding presidential immunity, followed by a section that "establishes that nothing the Government intends to present to the jury is protected by presidential immunity."
The final portion details what the government is asking the court to do, namely to rule that Trump must stand trial."
"Smith's brief argues that Trump's scheme to remain in power for a second term "was a private criminal effort," not one that involved official conduct, and that Trump tried to overturn the election in his capacity as a candidate — not as president."
Key takeaways from special counsel Jack Smith's major filing in Trump's 2020 election case
Inthedetails
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Thanks for confirming that (and helping foggy memories). It's been four years and we're still slogging through this.Yes, it was (supposedly) to stump for Perdue and Loeffler in GA during the runoffs in GA.
Trump makes multiple false claims in first campaign rally since election loss
President Trump, who has refused to concede the election, appeared at a rally for Georgia Senators Kelly Loeffler and David Perdue.
jmo
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Docket updates:
Doc# Date Filed Description
251 Oct 2, 2024 OPINION and ORDER as to DONALD J. TRUMP: Granting in part the Government's 246 "Motion for Leave to File to Unredacted Motion Under Seal, and to File Redacted Motion on the Public Docket," and directing the Clerk of Court to file on the public docket the Government's proposed redacted "Motion for Immunity Determinations," ECF No. 245-6. Signed by Judge Tanya S. Chutkan on 10/2/2024. (zcll) (Entered: 10/02/2024) Main Document Order
252 Oct 2, 2024 MOTION for Immunity Determinations by USA as to DONALD J. TRUMP. (zstd) (Main Document 252 replaced on 10/2/2024) (zjd). (Entered: 10/02/2024) Main Document Motion for Miscellaneous Relief
253 Oct 2, 2024 MOTION for Leave to File Excess Pages, To Extend Time to Respond, and For Leave to File a Sur-Reply by DONALD J. TRUMP. (Lauro, John) (Entered: 10/02/2024) Main Document File Excess Pages
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
Doc# Date Filed Description
251 Oct 2, 2024 OPINION and ORDER as to DONALD J. TRUMP: Granting in part the Government's 246 "Motion for Leave to File to Unredacted Motion Under Seal, and to File Redacted Motion on the Public Docket," and directing the Clerk of Court to file on the public docket the Government's proposed redacted "Motion for Immunity Determinations," ECF No. 245-6. Signed by Judge Tanya S. Chutkan on 10/2/2024. (zcll) (Entered: 10/02/2024) Main Document Order
252 Oct 2, 2024 MOTION for Immunity Determinations by USA as to DONALD J. TRUMP. (zstd) (Main Document 252 replaced on 10/2/2024) (zjd). (Entered: 10/02/2024) Main Document Motion for Miscellaneous Relief
253 Oct 2, 2024 MOTION for Leave to File Excess Pages, To Extend Time to Respond, and For Leave to File a Sur-Reply by DONALD J. TRUMP. (Lauro, John) (Entered: 10/02/2024) Main Document File Excess Pages
link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2
SouthAussie
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I dunno. If this criminal prosecution had gone ahead when it was supposed to - and hadn't been delayed and delayed due to his lawyers motions - would he still call it (ironically) election interference?
Donald Trump has lashed out at Special Counsel Jack Smith after he outlined a sprawling criminal case against the Republican presidential nominee over his alleged attempts to overturn the 2020 election.
Responding on Truth Social, Trump raged: “The release of this falsehood-ridden, Unconstitutional, J6 brief ....... and INTERFERE IN THE 2024 PRESIDENTIAL ELECTION.”
www.independent.co.uk
Donald Trump has lashed out at Special Counsel Jack Smith after he outlined a sprawling criminal case against the Republican presidential nominee over his alleged attempts to overturn the 2020 election.
Responding on Truth Social, Trump raged: “The release of this falsehood-ridden, Unconstitutional, J6 brief ....... and INTERFERE IN THE 2024 PRESIDENTIAL ELECTION.”
Trump rages over latest 2020 election filing as Melania backs abortion rights: Live
Donald Trump lashes out after Jack Smith submits new filing detailing 2020 election interference case against the former president, revised in light of Supreme Court immunity ruling
www.independent.co.uk
Inthedetails
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The defendant delayed it and now is crying about the timing.I dunno. If this criminal prosecution had gone ahead when it was supposed to - and hadn't been delayed and delayed due to his lawyers motions - would he still call it (ironically) election interference?
Donald Trump has lashed out at Special Counsel Jack Smith after he outlined a sprawling criminal case against the Republican presidential nominee over his alleged attempts to overturn the 2020 election.
Responding on Truth Social, Trump raged: “The release of this falsehood-ridden, Unconstitutional, J6 brief ....... and INTERFERE IN THE 2024 PRESIDENTIAL ELECTION.”
Trump rages over latest 2020 election filing as Melania backs abortion rights: Live
Donald Trump lashes out after Jack Smith submits new filing detailing 2020 election interference case against the former president, revised in light of Supreme Court immunity ruling
jmo
SouthAussie
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Yes, exactly my point.
And it is ironic to be complaining about election interference when this criminal case is about him trying to interfere with the 2020 election results.
imo
Inthedetails
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GRT
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If anyone has already posted this, sorry to be repetitive. You can read the entire unsealed court filing here on Politico:
Lilibet
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Thanks! I’ve been chipping away at it since last evening and highly recommend reading it even though it is infuriating and sickening. What has struck me is the lengths Trump and his corrupt cadre went to, knowing he had lost, but attempting to manipulate the Electoral College to overturn the election. I knew the general outlines and some details, but this document is mind-blowing! It quotes conversations and text messages that none of these creeps thought would ever come to light. Brilliant work, Jack Smith and team!
JMO
Inthedetails
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The document leaves no wiggle room for "well, maybe the defendant really didn't know he lost the election and exercised his rights to question it."
Nope.
He knew he lost and he knew he was deliberately lying to the public and he knew he could rile up his base for his own purposes of staying in office when he lost the election.
jmo
I am not Sherlock H.
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CNN October 3, 2024 online article by Associated Press (AP) entitled ‘Former Colorado county clerk Tina Peters sentenced to 9 years for voting data scheme’:
Of note from the article:
The conviction is in part related to the defendant’s false claims about voting machine fraud in the 2020 presidential race.
The jury found Peters guilty in August 2024 for allowing an individual access to the Mesa County election system. That individual had apparent links to the MyPillow executive Mike Lindell.
The district judge Matthew Barrett at sentence stated relating to Tina Peters:
“I am convinced you would do it all over again if you could. You’re as defiant as any defendant this court has ever seen,” Barrett told her in handing down the sentence. “You are no hero. You abused your position and you’re a charlatan.”
MOO
Of note from the article:
The conviction is in part related to the defendant’s false claims about voting machine fraud in the 2020 presidential race.
The jury found Peters guilty in August 2024 for allowing an individual access to the Mesa County election system. That individual had apparent links to the MyPillow executive Mike Lindell.
The district judge Matthew Barrett at sentence stated relating to Tina Peters:
“I am convinced you would do it all over again if you could. You’re as defiant as any defendant this court has ever seen,” Barrett told her in handing down the sentence. “You are no hero. You abused your position and you’re a charlatan.”
MOO
I may have to stop following this case, as it sickens me so much. Except that I don't think I can, it exerts such an awful fascination. This creature DT has a very weird idea of election interference - it really translates as "interference with ME" to him.
SouthAussie
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It really is a battle between a person who likes to win at any cost (according to his niece Mary Trump, and his nephew Fred Trump III) and the courts - well, many of them - who are trying to bring justice for his crimes.
imo
I am not Sherlock H.
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Yes @Kemug ….. and sadly have to agree. And IMO, could add from observing matters of the legal cases involving the former president, it seems that as long as it is something done at his behest or in that ‘interest’ it is not seen as ‘interference’ by some? Yet IMO I would contend that is simply untrue. SMH. And much of it seems attempts to subvert justice and rule of law and accountability for offending actions. MOO