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

[sds71]

A federal judge GRANTS Special Counsel Jack Smith's request to file a "comprehensive brief" (up to 180 pages), including a “substantial number of exhibits” in Trump's election subversion case

https://twitter.com/x/status/1838646683271372867

 

[Niner]

and some

Docket updates:
Doc # Date Filed Description
243 Sep 24, 2024 OPINION and ORDER as to DONALD J. TRUMP: Granting the Government's 237 Motion for Leave to File Oversized Motion and denying Defendant's requests for reconsideration of the briefing schedule. Signed by Judge Tanya S. Chutkan on 9/24/2024. (zcll) (Entered: 09/24/2024) Main Document
Order on Motion for Leave to File Document

244 Sep 24, 2024 Unopposed MOTION for Leave to File Sur-Reply by USA as to DONALD J. TRUMP. (Windom, Thomas) (Entered: 09/24/2024) Main Document
Leave to File Document


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2


and from the link to the Order - I found this:
Joint Status Report at 4 (proposing to start immunity briefing on December 13, 2024, with discovery briefing not concluded until January 24, 2025)

So - moving this case to 12/13.

 

[sds71]

Judge Chutkan has entered an Order directing Trump to file "under seal" any objections to Special Counsel Jack Smith's proposed redactions in his big Motion for Immunity Determinations by 12 pm ET on October 1, 2024.

https://twitter.com/x/status/1839708597632081992

 

[GRT]

Is it under seal because of the gag order?

 

[Betty P]

Is it under seal because of the gag order?

Probably. With the election campaigns going on, its best not to give anyone a chance to try their case in public on the campaign trail.

 

[SouthAussie]

Is it under seal because of the gag order?

On 11th August 2023, Judge Chutkan stated that sensitive material should be kept under protective order.

This includes anything containing:
- personal identifying information of the defendant or witnesses
- grand jury materials including witness names or testimonies
- materials the parties obtained through sealed search warrants
- any sealed order obtained by the government’s classified “filter team” related to the case
- any recordings, interview reports or other exhibits tied to witness interviews
- materials obtained from “other governmental entities”

Consequently there has been quite a few filings that are under seal. I posted one further back that had the filing title and nothing at all in the (public version) of the filing. The entire contents had been redacted.

Trump Docket: Secret filing may include sensitive evidence

Law&Crime takes a look at key legal developments in every venue where Donald Trump is charged.

lawandcrime.com

 

[Niner]

Docket updates:

Doc # Date Filed Description
244 Sep 24, 2024 Unopposed MOTION for Leave to File Sur-Reply by USA as to DONALD J. TRUMP. (Windom, Thomas) (Entered: 09/24/2024) Main Document
Motion for Leave to File

Sep 25, 2024 MINUTE ORDER as to DONALD J. TRUMP: The Government's 244 Unopposed Motion for Leave to File Sur-Reply to Defendant's Discovery Motions is hereby GRANTED. The Government shall file its sur-reply by 5:00 PM on October 1, 2024. Signed by Judge Tanya S. Chutkan on 9/25/2024. (zcll)

Sep 25, 2024 Order on Motion for Leave to File Document AND Set/Reset Deadlines

Sep 25, 2024 Order on Motion for Leave to File

Sep 27, 2024 .Order

Sep 27, 2024 MINUTE ORDER as to DONALD J. TRUMP: The Clerk of the Court is directed to file on the public docket the Government's "Motion for Leave to File Unredacted Motion Under Seal, and to File Redacted Motion on Public Docket," ECF No. 245. It is hereby ORDERED that Defendant shall file under seal any objections to the proposed redactions in the Government's Motion for Immunity Determinations by 12:00 PM on October 1, 2024, and shall file under seal any objections to the proposed redactions in the Appendix to that Motion by 5:00 PM on October 10, 2024. Signed by Judge Tanya S. Chutkan on 9/27/2024. (zcll)

246 Sep 27, 2024 MOTION for Leave to File to Unredacted Motion Under Seal, and to File Redacted Motion on the Public Docket by USA as to DONALD J. TRUMP. (zstd) (Entered: 09/27/2024) Main Document
Leave to File Document


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2

 

[SouthAussie]

Not sure what thread this belongs in, but it is DC and election interference related. So I am hoping this is the correct thread.


Giuliani, who led Trump’s post-election efforts, was formally disbarred in Washington, D.C., on Thursday

The former New York City mayor has also been criminally charged in Arizona for his role in trying to overturn the 2020 election

... he’s also been sued for defamation by voting machine companies Dominion Voting Systems and Smartmatic.

All Of Trump's Lawyers Who Have Faced Consequences—As Giuliani Disbarred

Giuliani was stripped of his law license in Washington, D.C., months after being disbarred in New York.

www.forbes.com

 

[Kemug]

Not sure what thread this belongs in, but it is DC and election interference related. So I am hoping this is the correct thread.


Giuliani, who led Trump’s post-election efforts, was formally disbarred in Washington, D.C., on Thursday

The former New York City mayor has also been criminally charged in Arizona for his role in trying to overturn the 2020 election

... he’s also been sued for defamation by voting machine companies Dominion Voting Systems and Smartmatic.

All Of Trump's Lawyers Who Have Faced Consequences—As Giuliani Disbarred

Giuliani was stripped of his law license in Washington, D.C., months after being disbarred in New York.

www.forbes.com

So doesn't that mean that the same applies to DJT?

 

[sds71]

Trump urges Judge Chutkan to require even greater redactions in Jack Smith's presidenial immunity brief to avoid disclosing sensitive statementes made by witnesses.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.248.0.pdf

https://twitter.com/x/status/1841171756511322376

 

[SouthAussie]

Trump urges Judge Chutkan to require even greater redactions in Jack Smith's presidenial immunity brief to avoid disclosing sensitive statementes made by witnesses.

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.248.0.pdf

https://twitter.com/x/status/1841171756511322376

I had to look what the fuss was about, because I know Jack Smith filed the document under seal. Meaning it is not available to the public. But then I read that Judge Chutkan can make it, or portions of it, available to the public if she wants to.
(And then, of course, trump's team can appeal her ruling if they want to ... and drag it out a bit more imo.)


Smith's team filed the document under seal, meaning it was not released publicly. Whether the submission is made available — and when — will be up to U.S. District Judge Tanya Chutkan, who is presiding over the case.

Special counsel files critical brief in Trump's D.C. case, but it remains under seal

 

[sds71]

https://twitter.com/x/status/1841226613163245907

https://s3.documentcloud.org/documents/25180143/scodiscovery.pdf

 

[SouthAussie]

Ah ... Jack Smith's team asked to be able to release a public version of the new filing. No wonder trump's lawyers are fussing.


Simultaneously, the prosecutors asked the judge to allow them to file a public version of the secret brief with quotations and references to grand jury testimony from some of Trump’s closest aides, such as his former chief of staff, and his former vice-president, Mike Pence.

To protect the integrity of proceedings and to protect lesser-known witnesses, the prosecutors said they intended in their public filing to redact specific names and use job titles to give context to the information being referenced.

The kinds of identifiers being proposed by prosecutors include, according to their filing: “Campaign Manager”, “Arizona’s Governor”, “Senior Campaign Advisor”, “executive assistant”, “the Defendant’s Chief of Staff”, “Georgia Attorney General” and “Chairwoman of the Republican National Committee”.

The situation reflects a role reversal for Trump and the special counsel. When it was more expedient for Trump to have witnesses identified in the documents case, so they could complain about the case in public, Trump pushed for looser redactions.

Trump makes last effort to keep hidden January 6 case evidence before election

Prosecutors asked permission to file public version of brief with references to testimony from Trump’s closest aides

www.theguardian.com

 

[Lilibet]

Jack Smith's team asked to be able to release a public version of the new filing.

Question: Will this release be allowed within 60 days of the election?

Answer: There is no rule that says it can’t be released.

But whether the release would turn into a James Comey/Hilary Clinton situation is anybody’s guess.

* Is there a ’60-day rule’ in the US elections? What to know in 500 words

Because the guideline is unwritten, it is a best practice rather than a legal requirement. When and how the guideline applies is up to department officials.

Legal scholars have further argued that Trump cannot claim he was being treated unfairly because the guideline only applies to major actions, like the filing of brand-new indictments.

Because Trump had been indicted long before the 60-day window, the guideline would theoretically not apply to the ongoing federal proceedings in Washington, DC, and Florida.
———————————
*I’m not sure if Aljazeera is an approved source here. After checking the usual MSM sources, I feel that it has the clearest and most current explanation of the 60 day rule.

 

[Niner]

Thanks for the updates on filings @SouthAussie . I keep forgetting to go there & look....

Docket updates:

Doc# Date Filed Description
Oct 1, 2024 MINUTE ORDER as to DONALD J. TRUMP: The Clerk of the Court is directed to file on the public docket Defendant's "Opposition to Special Counsel's Sealing Motion," ECF No. 247. Signed by Judge Tanya S. Chutkan on 10/1/2024. (zcll)

Oct 1, 2024 Order

248 Oct 1, 2024 Memorandum in Opposition by DONALD J. TRUMP re 246 Motion for Leave to File (zstd) (Entered: 10/01/2024) Main Document Memorandum in Opposition

249 Oct 1, 2024 REPLY TO OPPOSITION to Motion by USA as to DONALD J. TRUMP re 167 MOTION to Compel Discovery, 166 MOTION for Leave to File Under Seal Unredacted Motion and Exhibits (Attachments: # 1 Exhibit Attachment A)(Gaston, Molly) (Entered: 10/01/2024) Main Document
Reply to Opposition Attachment 1 Exhibit Attachment A

250 Oct 1, 2024 REPLY in Support by USA as to DONALD J. TRUMP re 246 MOTION for Leave to File Unredacted Motion Under Seal, and to File Redacted Motion on Public Docket (Windom, Thomas) (Entered: 10/01/2024) Main Document Reply in Support


link: https://www.courtlistener.com/docket/67656604/united-states-v-trump/?page=2

 

[sds71]

Judge Chutkan unseals Special Counsel Jack Smith's redacted motion of evidence in the federal Jan. 6 case

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.252.0.pdf

https://twitter.com/x/status/1841563663150289011

 

[sds71]

@kyledcheney


NEW DETAILS FROM JACK SMITH

https://twitter.com/x/status/1841564152353194085

https://twitter.com/x/status/1841564739891298577

https://twitter.com/x/status/1841565892494188697

x.com

x.com

 

[SouthAussie]

@kyledcheney


NEW DETAILS FROM JACK SMITH

https://twitter.com/x/status/1841564152353194085

https://twitter.com/x/status/1841564739891298577

https://twitter.com/x/status/1841565892494188697

x.com

x.com

Wow. Judge Chutkan wasted no time in making her decision! Lots to read there!
I was expecting a huge delay of appeals before we could read this.

 

[Inthedetails]

@kyledcheney


NEW DETAILS FROM JACK SMITH

https://twitter.com/x/status/1841564152353194085

https://twitter.com/x/status/1841564739891298577

https://twitter.com/x/status/1841565892494188697

x.com

x.com

"Trump intentionally lied to the public, state election officials, and his own vice president in an effort to cling to power after losing the election, while privately describing some of the claims of election fraud as 'crazy,' prosecutors alleged in the 165-page filing."

Bombshell immunity filing details Trump's alleged 'increasingly desperate' bid to overturn 2020 election

Special counsel Jack Smith has filed a blockbuster court filing outlining new details of former President Trump's efforts to overturn his 2020 election loss.

abcnews.go.com

 

[SouthAussie]

So, he used a mail-in ballot himself ... (page 6 of the indictment)

On July 30, despite having voted by mail himself earlier that year, the defendant suggested that widespread mail-in voting provided cause for delaying the election, tweeting, “With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history ....