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

[Cool Cats]

Trump asks appeals court to lift gag order imposed on him in 2020 election interference case​

Updated Thu, November 2, 2023 at 9:22 PM EDT

Trump asks appeals court to lift gag order imposed on him in 2020 election interference case

Former President Donald Trump asked a federal appeals court on Thursday to lift a gag order restricting his speech about potential witnesses, prosecutors and court staff in the case that accuses him of scheming to overturn his 2020 election loss. Trump’s attorneys urged the U.S. Court of...

news.yahoo.com

​

 

[Niner]

Docket update:

Doc # Date Filed Description
130 Nov 2, 2023 ORDER as to DONALD J. TRUMP: Granting the government's 97 Motion for Fair and Protective Jury Procedures. See Order for details. Signed by Judge Tanya S. Chutkan on 11/2/2023. (zjd) (Entered: 11/02/2023) Main Document Order on Motion for Order AND Set/Reset Deadlines/Hearings

Nov 2, 2023 .Order AND ~Util - Set/Reset Deadlines

Nov 2, 2023 MINUTE ORDER as to DONALD J. TRUMP: It is hereby ORDERED that the government shall file any opposition to Defendant's 129 Motion for Extension of Time by November 4, 2023; and that Defendant shall file any reply in support of that Motion by November 6, 2023. Signed by Judge Tanya S. Chutkan on 11/2/2023. (zjd)

link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/

 

[Inthedetails]

Docket update:

Doc # Date Filed Description
130 Nov 2, 2023 ORDER as to DONALD J. TRUMP: Granting the government's 97 Motion for Fair and Protective Jury Procedures. See Order for details. Signed by Judge Tanya S. Chutkan on 11/2/2023. (zjd) (Entered: 11/02/2023) Main Document Order on Motion for Order AND Set/Reset Deadlines/Hearings

Nov 2, 2023 .Order AND ~Util - Set/Reset Deadlines

Nov 2, 2023 MINUTE ORDER as to DONALD J. TRUMP: It is hereby ORDERED that the government shall file any opposition to Defendant's 129 Motion for Extension of Time by November 4, 2023; and that Defendant shall file any reply in support of that Motion by November 6, 2023. Signed by Judge Tanya S. Chutkan on 11/2/2023. (zjd)

link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/

Wonder if Jack Smith will beat the Nov 4 deadline and file the government response today. jmo

 

[Stunned]

Wonder if Jack Smith will beat the Nov 4 deadline and file the government response today. jmo

He wasn’t hired by #45, so he should do it on time. IMO

 

[SouthAussie]

A federal appeals court temporarily lifted a gag order on Donald 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 Nov. 20 before a panel of three judges — all appointees of Democratic presidents.

Appeals courts temporarily lifts Trump's gag order as he fights the restrictions on his speech

A federal appeals court is temporarily lifting a gag order on Donald Trump in his federal election interference case in Washington. The U.S.

apnews.com

 

[SouthAussie]

Special Counsel Jack Smith told the United States District Court for the District of Columbia that his office opposes an effort by media outlets to allow cameras in the courtroom for Donald 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, 6 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.

JUST IN: Special Counsel Jack Smith Tells Court He Opposes Cameras in Trump’s D.C. Trial

Special Counsel Jack Smith told the court his office opposes an effort by media outlets to allow cameras in the courtroom for Donald Trump's trial.

www.mediaite.com

 

[Niner]

Docket update - seems to have skipped from 130 to these.

Doc # Date Filed Description
136 Nov 3, 2023 MOTION for Leave to File Oversized Brief by USA as to DONALD J. TRUMP. (Windom, Thomas) (Entered: 11/03/2023) Main Document Leave to File Document

Nov 3, 2023 .Order AND ~Util - Set/Reset Deadlines

Nov 3, 2023 MINUTE ORDER as to DONALD J. TRUMP: It is hereby ORDERED that Defendant shall file any opposition to the government's 136 Motion for Leave to File Oversized Brief by 7:00 PM on November 4, 2023. This will allow the court to rule on the Motion in advance of the November 6, 2023 deadline for the brief in question. Signed by Judge Tanya S. Chutkan on 11/3/2023. (zjd)

137 Nov 3, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 129 Motion for Extension of Time to File Pretrial Motions Related to Discovery and Subpoenas (Windom, Thomas) (Entered: 11/03/2023) Main Document Memorandum in Opposition


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/

 

[sds71]

Washington — Special counsel Jack Smith is rebutting attempts by former President Donald 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 and obstruction to overturn valid election results and 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 and 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 and governmental officials.


"Any speech that the defendant used to carry out the conspiracy, fraud, and obstruction crimes charged in the indictment is categorically excluded from the protections of the First Amendment," prosecutors wrote.

Special counsel says Trump's attempts to dismiss federal election case "are meritless"

Former President donald Trump is trying to have the federal 2020 election-related indictment against him dismissed.

www.cbsnews.com

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.139.0.pdf

 

[Niner]

Docket update:

These Doc #s were previously skipped. Now added.
Doc # Date Filed Description
131 Oct 31, 2023 LEAVE TO FILE DENIED- Amicus Declaration in Support of United States Opposition to Defendant's Motion to Dismiss Dkt 74 Due "Presidential Immunity" as to DONALD J. 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 courtis not persuaded that filing this submission is warranted. Although courts havein 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 10/31/2023. (zhsj) (Entered: 11/03/2023) Main Document Leave to File Denied

132 Oct 31, 2023 LEAVE TO FILE DENIED- Plaintiff's Demand for Default Judgments in Third Party Joinder Under FRCP, Rule 18(a) and (b) as to DONALD J. 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 10/31/2023. (zhsj) (Entered: 11/03/2023) Main Document Leave to File Denied

133 Oct 31, 2023 LEAVE TO FILE DENIED- Motion to Withdraw New Motion to Intervene - New Fresh Most Recent Evidence Relate 6/4/2009 & 11/4/2008 Set June Date Kill Reddie as to DONALD J. 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 submissions 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 10/31/2023. (zhsj) (Entered: 11/03/2023) Main Document Leave to File Denied

134 Oct 31, 2023 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 DONALD J. 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 10/31/2023. (zhsj) (Entered: 11/03/2023) Main Document Leave to File Denied

135 Oct 31, 2023 LEAVE TO FILE DENIED- Pro Se Amicus Curiae re: Defendant's Motion to Dismiss Indictment Based on Presidential Immunity as to DONALD J. 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 10/31/2023. (zhsj) Modified on 11/3/2023 (zhsj). (Entered: 11/03/2023) Main Document Leave to File Denied


New in docket:
138 Nov 4, 2023 RESPONSE by DONALD J. TRUMP re 136 MOTION for Leave to File Oversized Brief (Lauro, John) (Entered: 11/04/2023) Main Document Response to motion

Nov 5, 2023 MINUTE ORDER as to DONALD J. 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 and 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 11/5/2023. (zjd)

Nov 5, 2023 Order on Motion for Leave to File Document

139 Nov 6, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 113 Motion to Dismiss Case, 114 Motion to Dismiss Case (Pearce, James) (Entered: 11/06/2023) Main Document
Memorandum in Opposition

144 Nov 6, 2023 REPLY in Support by DONALD J. TRUMP re 129 MOTION for Extension of Time to File Motions for Rule 17(c) Subpoenas and Motions to Compel (Lauro, John) (Entered: 11/06/2023) Main Document Reply in Support

140 Nov 6, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 115 Motion to Strike (Gaston, Molly) (Entered: 11/06/2023) Main Document Memorandum in Opposition

141 Nov 6, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 116 Motion to Dismiss Case for Selective and Vindictive Prosecution (Windom, Thomas) (Entered: 11/06/2023) Main Document Memorandum in Opposition

142 Nov 6, 2023 Memorandum in Opposition by USA as to DONALD J. TRUMP re 128 Motion to Stay (Gaston, Molly) (Entered: 11/06/2023) Main Document Memorandum in Opposition

143 Nov 6, 2023 NOTICE OF ATTORNEY APPEARANCE John M. Pellettieri appearing for USA. (Pellettieri, John) (Entered: 11/06/2023) Main Document Notice of Attorney Appearance - USA


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/

 

[PommyMommy]

7h ago / 1:48 PM PST

Ivanka Trump testifies she doesn’t know much about financial documents in N.Y. fraud trial: Takeaways

Takeaways from Ivanka Trump's testimony in the civil fraud trial in New York. The former president appeared Monday, and his sons spoke last week.

www.nbcnews.com

Judge rules that Trump must disclose whether he will use an advice-of-counsel defense in D.C. trial​

[...]

An advice-of-counsel defense would require Trump to introduce evidence showing that he relied in good faith on his attorney’s advice that his conduct was legal and that he fully disclosed all material facts to his attorney before obtaining the advice in question.

Trump previously consented to provide such notice by that date, but argued he should not be simultaneously required to turn over to prosecutors the attorney-client material that he would use to support such a defense.

Chutkan rejected that argument in today’s order, adding that if Trump uses such a defense, he must also “provide the required discovery to the government at that time.”

 

[Niner]

Docket update (no #145)

Doc # Date Filed Description
146 Nov 7, 2023 OPINION and ORDER as to DONALD J. TRUMP: granting in part and denying in part Defendant's 129 Motion for Extension of Time to File Pretrial Motions Related to Discovery and Subpoenas. Motions to compel due November 27, 2023; oppositions due December 11, 2023; replies due December 18, 2023. Rule 17(c) motions due December 13, 2023; oppositions due December 27, 2023; replies due January 3, 2024. See Opinion and Order for details. Signed by Judge Tanya S. Chutkan on 11/7/2023. (zjd) Main Document .Order AND Memorandum Opinion AND ~Util - Set/Reset Deadlines AND ~Util - Terminate Motions

147 Nov 8, 2023 OPINION and ORDER as to DONALD J. TRUMP: Granting in part and 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 and Order for details. Signed by Judge Tanya S. Chutkan on 11/8/2023. (zjd) Main Document .Order AND Memorandum Opinion AND ~Util - Set/Reset Deadlines AND ~Util - Terminate Motions

148 Nov 8, 2023 Main Document .Order AND ~Util - Set/Reset Deadlines


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/

 

[Inthedetails]

"The DOJ will use the Jan. 6 insurrection as trial evidence against Donald Trump, according to a new court filing"

Coup bombshell: See prosecutor Jack Smith's new plan for Trump trial, path to prison

The DOJ will use the Jan. 6 insurrection as trial evidence against Donald Trump, according to a new court filing. MSNBC’s Ari Melber breaks down Jack Smith’s trial plan and is joined by Former Senior Prosecutor in the Mueller Probe Andrew Weissman. (Check out The Beat's playlist...

www.msnbc.com

 

[SouthAussie]

I read a piece by the civil liberties union, about whether or not trump's "First Amendment" free speech rights (potential) defense would fly.

They don't think it will.

ACLU - We’ve Defended Trump’s First Amendment Rights, but his Latest Jan. 6 Indictment Claims are Nonsense

 

[SouthAussie]

But of course ....

Donald Trump pushes for live broadcast of his trial over election subversion

The legal filing late on Friday, citing unsubstantiated allegations that Trump is the victim of persecution by the Biden White House, supports efforts by news organizations to provide live television coverage from inside the trial, which is scheduled to begin in March 2024.

A rule that has been in place for decades prohibits televised broadcasting of criminal and civil proceedings in federal court, which can generally be attended in person by the public. The five-page submission filed by Trump’s attorneys does not mention that rule.

The government also argued that a television broadcast of the trial could present risks to the proceeding, including facilitating the potential intimidation of witnesses and jurors.

 

[sds71]

Special counsel's office says Trump lawyers misled them about Trump's position on televising DC election subversion trial.

https://twitter.com/x/status/1723786808796880979

 

[anneg]

Joyce Vance wrote about this issue in her Substack article yesterday:

Cameras in the Court: An Overnight Update

After representing to prosecutors that he would not file a response to media groups’ request that Judge Chutkan permit cameras in the courtroom during him March trial, Trump filed one late last night.

joycevance.substack.com

Excerpt:
Trump does not really want cameras in the courtroom. They would expose the truth and expose him for what he truly is. ... Trump likes his solo appearances outside of the courtroom, but he fears the reality of the actual proceedings and the truth.

...[W]ith this filing, Trump is trying to give the public an additional reason to accept the idea that his trial shouldn’t be televised: because he wants it to be. Trump is hoping for the knee jerk reaction, we should automatically reject anything he wants. If Trump wants cameras, we should all be suspicious and concerned, right? People will say cameras would work to his advantage; he would make it a circus.

Don’t be taken in by this effort to prevent the public from knowing what’s happening in the courtroom when Trump faces accountability at long last. ...

Trump wants to damage trust in the government and call this a kangaroo court—fine, let him have his way and let the sunlight into his trial. Because the facts are the facts and the evidence is the evidence. People are entitled to the truth here. Trump does not want them to see it, regardless of what’s in his filing. It’s meant as a strategic measure to paint himself as martyr and the government as a Soviet-style prosecution. He might even change course if it appeared the trial was going to be televised. ...

There is no reason, other than the existence of an outmoded rule, to prevent the public from observing this most important of trials. ...

Trump’s “change of heart” only underscores the need for every American to be able to watch his trial.

 

[tarabull]

Video! Trump Ushered To Octagon By White & Kid Rock

Check out Donald Trump’s arrival to UFC 295 earlier tonight (Sat., Nov. 11, 2023) live on ESPN+ PPV from inside Madison Square Garden in New York City.

www.mmamania.com

 

[SouthAussie]

Joyce Vance wrote about this issue in her Substack article yesterday:

Cameras in the Court: An Overnight Update

After representing to prosecutors that he would not file a response to media groups’ request that Judge Chutkan permit cameras in the courtroom during him March trial, Trump filed one late last night.

joycevance.substack.com

Excerpt:
Trump does not really want cameras in the courtroom. They would expose the truth and expose him for what he truly is. ... Trump likes his solo appearances outside of the courtroom, but he fears the reality of the actual proceedings and the truth.

...[W]ith this filing, Trump is trying to give the public an additional reason to accept the idea that his trial shouldn’t be televised: because he wants it to be. Trump is hoping for the knee jerk reaction, we should automatically reject anything he wants. If Trump wants cameras, we should all be suspicious and concerned, right? People will say cameras would work to his advantage; he would make it a circus.

Don’t be taken in by this effort to prevent the public from knowing what’s happening in the courtroom when Trump faces accountability at long last. ...

Trump wants to damage trust in the government and call this a kangaroo court—fine, let him have his way and let the sunlight into his trial. Because the facts are the facts and the evidence is the evidence. People are entitled to the truth here. Trump does not want them to see it, regardless of what’s in his filing. It’s meant as a strategic measure to paint himself as martyr and the government as a Soviet-style prosecution. He might even change course if it appeared the trial was going to be televised. ...

There is no reason, other than the existence of an outmoded rule, to prevent the public from observing this most important of trials. ...

Trump’s “change of heart” only underscores the need for every American to be able to watch his trial.

Yes, good points made in the article.

This new "effort" to have the trial televised (against the existing Federal Court rule of no cameras in court) seems similar to trump's cries of "they won't let me have a jury trial in NY" even though he never requested a jury trial and the trial is simply a penalty phase for a judge to determine the penalty.

Anything to make the proceedings appear "unfair" to his unwitting supporters.

 

[Inthedetails]

Anything to make the proceedings appear "unfair" to his unwitting supporters.

Snipped

Yep. Unfair and somehow political. That refrain is expected, and it's also expected he will make a circus out of all the trials whether they are televised or not. It's all sideshow. imo

jmo

 

[TootsieFootsie]

Donald Trump may have just broken the law

Trump has come under scrutiny after a gun was auctioned off at a fundraiser held in his Mar-a-Lago, Florida, home.

www.newsweek.com

Donald Trump may have violated his federal indictment by auctioning off a priceless gun from his collection at Mar-a-Lago.

Last weekend, an auction held at his Florida home saw the item, described as "a one of a kind Trump Glock from the 45th President of the United States Donald J. Trump," go up for bidding during a charity event. Pictures circulating on social media show the gun being presented at the auction, with news website Meidas Touch saying that bidding for the item began at $10,000.