GA - Ex-POTUS Donald Trump and others indicted, 13 counts in 2020 election interference, violation of RICO Act, Aug 2023 *4 guilty* #3

[BritsKate]

Hearing Thursday, September 14th at 10am in McAfee's courtroom to address multiple motions filed by Chesebro and Powell - including the ability to speak with Grand Jurors, gaining access to the identities of the unindicted co-conspirators, and unsealing the Special Grand Jury transcripts.

 

[Inthedetails]

Hearing Thursday, September 14th at 10am in McAfee's courtroom to address multiple motions filed by Chesebro and Powell - including the ability to speak with Grand Jurors, gaining access to the identities of the unindicted co-conspirators, and unsealing the Special Grand Jury transcripts.

Do we know if the hearing on Thursday will be broadcast?

jmo

 

[BritsKate]

Do we know if the hearing on Thursday will be broadcast?

jmo

Should be - it's McAfee's courtroom.

 

[BritsKate]

Just a reminder that the State's response to Meadows emergency motion to stay pending appeal is due at noon today. The law in Georgia specifically states that a prosecution can continue - up until verdict - while removal is being litigated. To my knowledge, a stay doesn't change that. (Kinda befuddled why they're asking for one.)

Anyway, Meadows has now also filed an emergency motion to stay pending appeal and expedited review with the 11th Circuit too.
Meadows Emergency Motion to Stay Pending Appeal and Expedited Review (11th Circuit Court of Appeals)
--------------
Coincidentally, Clarence Thomas is the Justice in charge of the 11th Circuit who is married to Ginni Thomas, who in addition to being a conservative activist, is also good friends with Cleta Mitchell who Meadows tapped to be on the phonecall to Brad Raffensperger and has escaped indictment so far for the role she played (as one of Trump's attorneys) in attempting to steal an election. Ginni Thomas, I'm sure you all know, exchanged texts with Meadows for months - also pressing for the results of the election to be overturned.

Like I keep saying - it's a small circle and these folks have had a relationship going back decades. JMO

It's extraordinary. This is a pipeline between the spouse of a Supreme Court justice and the chief of staff at the White House, one of the top executives and officials in the executive branch, and they're communicating at times about the legislative branch — Congress. It's this overlapping of relationships across the United States government, and they all have seemingly one mission — to overturn the 2020 election to stop Joe Biden from taking the White House — and at times, they are communicating about legal strategy.

Ginni Thomas reportedly pressed Trump's chief of staff on overturning the election

The election of Donald Trump in 2016 opened the door to countless new opportunities for the burgeoning conservative legal movement...
When Conway joined the White House as an adviser to new president, with a hand in judicial nominations, Leo helped facilitate the sale of her polling firm to a Virginia company where he is now chairman.

Leo’s closeness to the White House sparked a fresh surge in donations to his network. In 2020, he announced JEP was being rebranded as the 85 Fund, and its annual fundraising skyrocketed to $65.7 million.
That year also marked the ultimate triumph of the conservative legal movement, as the confirmation of Justice Amy Coney Barrett established a 6-3 majority of justices aligned with Leo’s Federalist Society. Leo used his dark-money groups to fund campaigns urging the confirmation of those justices, including Barrett.

Then, as Trump approached a difficult re-election campaign in 2020, the 85 Fund created a subgroup, The Honest Elections Project, dedicated to amplifying claims of Democrats cheating in elections and pushing for voting restrictions.

Since Trump’s defeat, the Honest Elections Project has seized on momentum created by his unfounded claims of a stolen election to push anti-fraud measures that critics say will make voting harder for everyone.

What Ginni Thomas and Leonard Leo wrought: How a justice’s wife and a key activist started a movement

 

[PommyMommy]

SEP 12, 2023

Trump embraces Giuliani's bid to toss 'fatally defective' RICO case, warns of 'double jeopardy'

Trump has adopted motions by two of his Georgia co-defendants, including one filed by Rudy Giuliani, as part of a bid to toss out the Fulton County RICO case.

lawandcrime.com

Former President Donald Trump on Monday adopted motions by two of his Georgia co-defendants, including one filed by Rudy Giuliani and two by attorney Ken Chesebro, as part of a bid to toss out the Fulton County racketeering (RICO) indictment.

The Giuliani motion to quash asserted that the allegations in the Fulton County grand jury indictment “are fatally defective as drafted, and thus incapable of supporting a conviction.”

Arguing that the indictment failed to allege the elements of the underlying criminal offenses, failed to “identify specifically the ‘predicate acts’ Defendant himself is accused of engaging in and will be used to prosecute him,” failed to to provide “fair notice as to what he is called upon to defend against in a Fulton County prosecution,” and failed to “adequately allege ‘the essential facts’ constituting the conspiracies and/or racketeering activity charged, so as to protect against double jeopardy.”

[...]

 

[Inthedetails]

SEP 12, 2023

Trump embraces Giuliani's bid to toss 'fatally defective' RICO case, warns of 'double jeopardy'

Trump has adopted motions by two of his Georgia co-defendants, including one filed by Rudy Giuliani, as part of a bid to toss out the Fulton County RICO case.

lawandcrime.com

Former President Donald Trump on Monday adopted motions by two of his Georgia co-defendants, including one filed by Rudy Giuliani and two by attorney Ken Chesebro, as part of a bid to toss out the Fulton County racketeering (RICO) indictment.

The Giuliani motion to quash asserted that the allegations in the Fulton County grand jury indictment “are fatally defective as drafted, and thus incapable of supporting a conviction.”

Arguing that the indictment failed to allege the elements of the underlying criminal offenses, failed to “identify specifically the ‘predicate acts’ Defendant himself is accused of engaging in and will be used to prosecute him,” failed to to provide “fair notice as to what he is called upon to defend against in a Fulton County prosecution,” and failed to “adequately allege ‘the essential facts’ constituting the conspiracies and/or racketeering activity charged, so as to protect against double jeopardy.”

[...]

Rudy said what?

Rudy might have known RICO in his prime, but the next generation knows it too.

jmo

 

[BritsKate]

FYI - a law professor on Twitter suggests Meadows stay is likely to be granted because it doesn't change the calculus. So I could be totally wrong and it might also be the I so badly don't want them to even get a trivial win. I'll admit I'm very petty with this bunch.

- BTW, if folks don't know this is two different courts. Meadows wants the Federak Court to stay their order the case can't be removed. All it does, tmk, is ensure a judgement of conviction can't be entered while removal is being litigated. It is not an injunction though and cannot stop the prosecution in State Court. JMO

 

[RaechelK]

This caught my attention about Judge Scott McAfee:

“While in law school, he was the vice president of the school's Federalist Society chapter …”


From Wikipedia:

“The Federalist Society for Law and Public Policy Studies (FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution"



Sources:

Scott F. McAfee - Wikipedia

Federalist Society - Wikipedia

en.wikipedia.org

 

[BritsKate]

This caught my attention about Judge Scott McAfee:

“While in law school, he was the vice president of the school's Federalist Society chapter …”


From Wikipedia:

“The Federalist Society for Law and Public Policy Studies (FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution"



Sources:

Scott F. McAfee - Wikipedia

Federalist Society - Wikipedia

en.wikipedia.org

I don't think I'm understanding the significance. Many conservative judges have ties to the FedSoc - including all six conservative Supreme Court Justices. It's been well known for years that the Federalist Society works closely with Republican lawmakers to make recommendations to judicial appointments with the aim of making the country more consersative in its legal rulings and with it, reshape the country. They've played a prominent role in presidential administrations and certain conservative legal causes like Citizens United and Dobbs.

It's only 40 years old but it has a lot of money, influence, and power that drives it and there are over 200 chapters across the U.S. So I think many conservative law students are probably members. (I've said before but the legal profession is roughly 2/3rds liberal which is the very reason for FedSoc's inception.)

Is there something specific about McAfee having been a member?

JMO

 

[RaechelK]

I don't think I'm understanding the significance. Many conservative judges have ties to the FedSoc - including all six conservative Supreme Court Justices. It's been well known for years that the Federalist Society works closely with Republican lawmakers to make recommendations to judicial appointments with the aim of making the country more consersative in its legal rulings and with it, reshape the country. They've played a prominent role in presidential administrations and certain conservative legal causes like Citizens United and Dobbs.

It's only 40 years old but it has a lot of money, influence, and power that drives it and there are over 200 chapters across the U.S. So I think many conservative law students are probably members. (I've said before but the legal profession is roughly 2/3rds liberal which is the very reason for FedSoc's inception.)

Is there something specific about McAfee having been a member?

JMO

I simply find it interesting. You've lately been discussing the impact of conservatism on this case. I felt it is relevant information. If you don't I apologize for wasting your time.

 

[BritsKate]

I simply find it interesting. You've lately been discussing the impact of conservatism on this case. I felt it is relevant information. If you don't I apologize for wasting your time.

No worries and absolutely no apology needed. I just wanted to make sure I wasn't missing something.

 

[Inthedetails]

I simply find it interesting. You've lately been discussing the impact of conservatism on this case. I felt it is relevant information. If you don't I apologize for wasting your time.

It is interesting, imo, and might make it a challenge for the defendant to criticize him and claim the judge is out to get him. jmo

 

[Inthedetails]

Anna Bower

@AnnaBower

Just in: Ken Chesebro moves to dismiss his criminal charges in Fulton County. He argues that his conduct was justified because he undertook the alleged actions while "fulfilling his duties to a client as an attorney."

https://twitter.com/x/status/1701705295389721063

 

[Inthedetails]

Anna Bower
@AnnaBower

Just in: Ken Chesebro moves to dismiss his criminal charges in Fulton County. He argues that his conduct was justified because he undertook the alleged actions while "fulfilling his duties to a client as an attorney."

https://twitter.com/x/status/1701705295389721063

Link to the court doc: DocumentCloud

 

[Inthedetails]

Anna Bower

@AnnaBower
·
4h

"NEW: 11th Circuit is moving fast on Mark Meadows’s appeal. Court orders Fulton County response to motion for stay pending appeal & expedited review by tomorrow at 5 p.m. Court also asks parties to brief question: Does removal statute allow *former* federal officers to remove?

Oops, sorry folks, I got the response and additional briefing deadlines mixed up: Response by Fulton prosecutors due by 12 noon tomorrow. Additional briefing on whether former federal officials can remove due at 5 pm tomorrow."

https://twitter.com/x/status/1701638537114746967

 

[Niner]

Docket updates:
for Trump:

Events & Hearings
09/11/2023 DEFT ELECT TO OPT OCGA 17-16-2
DEFENDANT'S ELECTION TO PROCEED UNDER OCGA 17-16-2
Comment: Notice of Defendant's Election to Proceed Under Article 1 of OCGA 17-16

09/11/2023 MOTION
MOTION
Comment: Motion to Adopt Co-Defendant Chesebro's Motion to Dismiss Indictment (Supremacy Clause Challenge-Counts 1,9,11,13,15,17 and 19)

09/11/2023 MOTION
MOTION
Comment: Motion to Adopt Co-Defendant Chesebro's General Demurrer to Count One

09/11/2023 MOTION
MOTION
Comment: Motion to Adopt Co-Defendant Giuliani's Preliminary Motion to Quash (General and Special Demurrers-Counts 1,9,11,13,15,17 and 19)

09/11/2023 MOTION
MOTION
Comment: Motion to Adopt Co-Defendant Smith's Motion to Quash Indictment (General and Special Demurrers-Counts 1,6,9,11,13,15,17 and 19)


for Chesebro:

Events & Hearings
09/12/2023 MOTION
MOTION
Comment: Motion to Dismiss the Indictment Under O.C.G.A. 16-3-20(5) & (6)

link: Fulton County Magistrate, State, and Superior Court Record Search

 

[BritsKate]

I'm really beginning to think these defendants might actually have a legit shot at an insanity plea. It's the only way these motions make sense to me.

Anna Bower Tweets:

Harrison Floyd requests access to voting equipment & other materials related to the 2020 election in Fulton County. He asks the court to allow for "inspection, copying, & scanning" of elections equipment, including absentee ballots, the EMS server, poll pads, network logs...The accusations against Floyd in Fulton County are rooted in the pressure campaign and harassment of Georgia election worker Ruby Freeman. Floyd says the elections equipment materials could be "exculpatory" evidence in his defense.

I will admit I've never followed a RICO case with 19 defendants almost half of whom are lawyers and several were either federal officers or the former executive but, across the board, what they're asking for in some of their motions is just jaw dropping.

https://twitter.com/AnnaBower

 

[Inthedetails]

I'm really beginning to think these defendants might actually have a legit shot at an insanity plea. It's the only way these motions make sense to me.

Anna Bower Tweets:


I will admit I've never followed a RICO case with 19 defendants almost half of whom are lawyers and several were either federal officers or the former executive but, across the board, what they're asking for in some of their motions is just jaw dropping.

https://twitter.com/AnnaBower

IMO, Floyd seems like a showman. He will be outrageous on purpose and people will be attracted to that, taking him up as a cause to follow. Just my observation and prediction.

jmo

 

[sds71]

Thus, the Court DENIES Meadows’s Motion for an Emergency Stay. Doc. No. [74].

https://s3.documentcloud.org/documents/23973387/denial.pdf

 

[BritsKate]

IMO, Floyd seems like a showman. He will be outrageous on purpose and people will be attracted to that, taking him up as a cause to follow. Just my observation and prediction.

jmo

I think you're spot on. It's why I was so sure he'd want to be on camera for arraignment. Obviously I was wrong but I get the same vibes as you.

Thus, the Court DENIES Meadows’s Motion for an Emergency Stay. Doc. No. [74].

https://s3.documentcloud.org/documents/23973387/denial.pdf

I'm really not surprised. Their motion was essentially rehashing the argument they'd already presented to the Court and saying the Judge should have accepted it.

I've followed a lot of trials - mostly murder - but I really have never seen the rampant expectation of entitlement in these motions. It's not a good look for them and I wonder if that's not influencing my personal enmity. There appears to be little to no precedent for some of their requests too.

It could be that I just haven't seen it done before but I also couldn't seem to find another example of a criminal defendant being allowed access to Special Grand Jury transcripts or interviewing(!) Grand Jurors. And allowing a criminal defendant access to voting machines when his co-defendants are charged with illegally breaching similar equipment? Everyone wants a separate trial or doesn't want to be tried with this person or that person. One person's defense is the lawyer made me do it while the lawyer's defense is he was just doing his job. And it's only going to get crazier when we get to motions in limine.

Lastly, I keep meaning to post this and forgetting. In all its great multi-hundred page glory, I present Mark Meadows full motion to the Court of Appeals. It contains a court transcript of his removal hearing starting at page 88. I haven't had time to read it myself yet so won't really try to comment on it until I do. JMO

Mark Meadows Emergency Motion for Stay Pending Appeal and Expedited Review - 11th Circuit (Full)