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

[MyBelle]

Senator Graham calls SoS Raffensperger a liar...without using those words, of course. Other attorneys also have strong words for Willis.

JMO

Flynn's attorney, Jesse Binnall, said in a statement that the report "reveals even more corruption by a politically-motivated prosecutor with one goal: to take down President Trump and his associates, and interfere in the 2024 election."

"It’s all just fruit of the same poisonous tree that we’ve seen time and time again — and is designed to destroy the country and undermine the values that make this nation great," Binnall added, saying it was "what’s at stake in 2024."

Grand jury in Georgia Trump case recommended indicting Lindsey Graham, David Perdue, Kelly Loeffler and Michael Flynn

The current and former senators and former national security adviser were among 21 people who ultimately were not charged in the election interference case.

www.nbcnews.com

 

[sds71]

https://twitter.com/x/status/1700299898552213889

 

[MyBelle]

Rudy's coming out swinging as well.
JMO

In response to the criminal charges, Giuliani has filed a new legal challenge in Georgia. The challenge is based on several grounds, including claims of prosecutorial misconduct, violation of constitutional rights, and lack of evidence. Giuliani’s legal team argues that the charges should be dismissed or that a separate investigation should be initiated to examine potential bias from the prosecution.

Rudy Giuliani's New Legal Challenge Against Georgia Charges: Implications and Background -

Rudy Giuliani's New Legal Challenge Against Georgia Charges: Implications and Background

www.todaysesquire.com

 

[SouthAussie]

Rudy seems to subscribe to Bannon's theory of "Flood the Zone with [blankety blank]".

 

[IzzyBlanche]

Senator Graham calls SoS Raffensperger a liar...without using those words, of course. Other attorneys also have strong words for Willis.

JMO

Flynn's attorney, Jesse Binnall, said in a statement that the report "reveals even more corruption by a politically-motivated prosecutor with one goal: to take down President Trump and his associates, and interfere in the 2024 election."

"It’s all just fruit of the same poisonous tree that we’ve seen time and time again — and is designed to destroy the country and undermine the values that make this nation great," Binnall added, saying it was "what’s at stake in 2024."

Grand jury in Georgia Trump case recommended indicting Lindsey Graham, David Perdue, Kelly Loeffler and Michael Flynn

The current and former senators and former national security adviser were among 21 people who ultimately were not charged in the election interference case.

www.nbcnews.com

Binnell is Michael Flynn's attorney. So I hardly think he's unbiased in the matter.

 

[TootsieFootsie]

oops, double post

It was worth saying twice.

 

[MyBelle]

Prosecutorial misconduct has been in the news lately. It's the reason I think prosecutors should be appointed rather than elected politicians. And I'm also not in favor of any President weaponizing the DOJ for political reasons.


JMO

MSN

Prosecutor misconduct leads to thrown out convictions, plea deals in 'Fat Leonard' case

U.S. District Judge Janis Sammartino, who presided over the trial, accepted the plea agreements reached between the parties, but not before excoriating the prosecution.

www.10news.com

Torres: Prosecutor pleads guilty to misconduct and is suspended for two years

DA Jenkins committed misconduct in murder trial, Court of Appeal finds

The Court of Appeal found DA Jenkins committed misconduct in the last case she tried for DA Boudin’s office before helping to recall him.

missionlocal.org

 

[IzzyBlanche]

Rudy's coming out swinging as well.
JMO

In response to the criminal charges, Giuliani has filed a new legal challenge in Georgia. The challenge is based on several grounds, including claims of prosecutorial misconduct, violation of constitutional rights, and lack of evidence. Giuliani’s legal team argues that the charges should be dismissed or that a separate investigation should be initiated to examine potential bias from the prosecution.

Rudy Giuliani's New Legal Challenge Against Georgia Charges: Implications and Background -

Rudy Giuliani's New Legal Challenge Against Georgia Charges: Implications and Background

www.todaysesquire.com

IDK, I am not a lawyer but it feels more like coming out flailing to me.

 

[Friday Fan]

I'd be really surprised if it is overturned on appeal -

JMO

I agree.
Meadows was electioneering and that's not part of his job as Chief of Staff.

 

[IzzyBlanche]

Does anyone think that some of these 21 people who weren't indicted may have made deals to testify?

Yes.

At least 8 fake electors have immunity in Ga. election probe

The prosecutor investigating possible illegal meddling in the 2020 election in Georgia has agreed to immunity deals with at least eight Republican fake electors who signed a certificate falsely stating that then-President Donald Trump had won the state. Defense attorney Kimberly Debrow revealed...

apnews.com

 

[BritsKate]

A criminal defendant currently being prosecuted alleges prosecutorial misconduct of those attempting to hold him accountable? And we're supposed to give this credence, why?

There is absolutely NO, none, zip, zilch, non, nada, nein evidence of this prosecution being politically motivated except for the baseless claims themselves. And repetition does NOT make it true. It's a concerted effort, writ large, to dilute and dismiss the overwhelming prima facie evidence.

And this case has received several layers of extra scrutiny than what is normally afforded most defendants! Judge after judge after judge has stated there is no evidence of political motivation and have refused to reprimand or remove the Fulton County District Attorney or quash her investigation in addition to refusing not to release the Special Grand Jury report and a gazillion other motions.

Dozens of Grand Jurors decided charges should be brought. And yet, still not every politician that charges were recommended against were even indicted. And this case has drawn media attention from across the entire globe. So many eyes and ears NOT alleging political motivation. My take has always been that this is an extremely strong case and Georgia RICO law plays very heavily into the State's favor. Evidence against one is evidence against all.

It doesn't mean it's a slam dunk but I think Georgia was the very best state to bring a conspiracy charge; Georgia is also relatively transparent with it's criminal prosecutions so we have access to a lot of information we might not in other states.

I think it's quite clear the defendants are extremely concerned about a jury hearing the evidence against them. And I believe they're quite right to be concerned. Seeing the prima facie evidence so far (and there is SO SO MUCH we won't see until trial), as a criminal defendant I certainly wouldn't want to gamble my liberty on the hope that one juror MIGHT hold out. But I'm a girl that believes in statistic probabilities and facts. I do love me some facts.

All JMO and FWIW

 

[SouthAussie]

Rudy filed the legal challenge against the Georgia charges, but it doesn't sound as if the dinner that was hosted for him by DT on Thursday evening went so well ... monetarily. Maybe the next dinner that is to be held in FL in fall or winter will go better.

It was $100,000 a ticket, and his son said that is was expected to raise more than $1M. Eleven or twelve people?
Maybe more if the ticket income also covered food, drink, staff, and room rental at Bedminster.

His son said the money won't be enough to "get through this".

Trump hosts a $100,000-per-person fundraiser to help Giuliani pay legal bills

Giuliani is facing a barrage of legal fees, fines, sanctions and damages related to his work helping Trump try to overturn his 2020 election loss and other cases.

www.pbs.org

 

[BritsKate]

The case that Trump and his co-defendants face is the one Willis brought, not the one the special grand jurors recommended. The major significance of the document in the long term may be that it shows that Willis could have been significantly more aggressive than she has been, in fact. However much of a bombshell her indictment has been, think how much more explosive it would have been had she included three sitting or former senators, Cleta Mitchell, Michael Flynn, and a raft of other Trump lawyers and fake electors. While Willis has faced criticism in public for being too aggressive, the pressures on her from the grand jury room seem to have been overwhelmingly in the other direction.

Five Observations About the Georgia Special Purpose Grand Jury Report

Though less dramatic than the indictment, the report still gives rise to a number of insights into the case.

www.lawfaremedia.org

“Even under the ‘quite low’ bar for federal officer removal, the Court concludes that Meadows has not met his burden to show that his criminal prosecution can be removed under the federal officer removal statute,” the judge wrote...“Instead, the evidence before the Court overwhelmingly suggests that Meadows was not acting in his scope of executive branch duties during most of the Overt Acts alleged,” the judge wrote. “Even if Meadows took on tasks that mirror the duties that he carried out when acting in his official role as White House Chief of Staff (such as attending meetings, scheduling phone calls, and managing the President’s time) he has failed to demonstrate how the election-related activities that serve as the basis for the charges in the Indictment are related to any of his official acts.”

Judge refuses to move Mark Meadows RICO charges in Trump case to federal court

The one-time Donald Trump chief of staff named in the bombshell racketeering indictment in Georgia over the 2020 presidential election will not have his day in federal court.

lawandcrime.com

One caveat I should have mentioned last night regarding appeal - there's almost no case law regarding a RICO case being removed to federal court. (It's why, I believe, Judge Jones was so deliberate and exacting while Judge McAfee ruled from the bench. His was a much more blatant decision.) I don't think it fundamentally changes anything - the test for removal would be the same regardless and that is what Meadows couldn't overcome - despite the bar being so low. (And btw, if he can't surpass the test for removal he's doubly unlikely to overcome the bar for Supremacy Clause immunity which is much more stringent.) I only mention it because Judge Jones did too - it's novel because, fortunately, we don't have much of a history of federal officers engaging in criminal conspiracies...and certainly not in subverting state elections.

I'm not an attorney and time will certainly tell but I can't help but feel it's a big legal misstep for all these defendants and their attorneys to keep ignoring that this IS a RICO case.

JMO and FWIW

 

[BritsKate]

Fani Willis has now also filed a response to Jeff Clark's motion for removal arguing, in essence, that by trying to send a letter he knew to be false while also misusing the gravitas and authority of the Department of Justice could not possibly be 'necessary and proper' to his official duties.

Removal is designed to protect legitimate federal authority from state and local interference, not to afford a federal forum to individuals who blatantly sought to misuse the weight of federal authority to interfere with matters of state control. Yet that is precisely what the defendant intended to do with his letter, which purported to claim that the Department of Justice itself was exhorting Georgia officials to convene its General Assembly in a special session to examine the “irregularities” and “violations of Georgia election law” that the DOJ had “identified,” determine the proper winner of the election, and “take whatever action is necessary” to appoint a valid slate of electors.

https://storage.courtlistener.com/recap/gov.uscourts.gand.319419/gov.uscourts.gand.319419.28.0.pdf

---------
Just a personal observation - I'd read a couple of tweets earlier between George Conway and Stephanie Grisham boiling down to people in Trump's immediate orbit themselves feel untouchable and I think we see some of that come across in their filings. Maybe it's just them going for broke and trying EVERY legal argument they can but these folks seem to think they're entitled to certain legal remedies they can't actually justify. All the removal arguments are essentially we deserve to be tried in federal court because we are a federal officer or we're pretending to be. And that's really the crux of their argument - which doesn't even come close to clearing the necessary criteria for removal.

JMO

 

[Vern]

Senator Graham calls SoS Raffensperger a liar...without using those words, of course. Other attorneys also have strong words for Willis.

JMO

Flynn's attorney, Jesse Binnall, said in a statement that the report "reveals even more corruption by a politically-motivated prosecutor with one goal: to take down President Trump and his associates, and interfere in the 2024 election."

"It’s all just fruit of the same poisonous tree that we’ve seen time and time again — and is designed to destroy the country and undermine the values that make this nation great," Binnall added, saying it was "what’s at stake in 2024."

Grand jury in Georgia Trump case recommended indicting Lindsey Graham, David Perdue, Kelly Loeffler and Michael Flynn

The current and former senators and former national security adviser were among 21 people who ultimately were not charged in the election interference case.

www.nbcnews.com

Given the referenced persons tossing the insults at the Georgia SoS and Ms. Willis in the quoted bits were, and remain, sycophant supporters of the BIG LIE, the J6 Insurrection and attempts to steal the election from the citizens of Georgia, noting too that some even had their names recommended for indictment, I'm not surprised they're whining.

Karma is coming for Graham and Flynn; I've no doubt about it. Not yet indicted does not equal "won't be indicted". Both of them are spineless jellyfish and have utterly failed to uphold their oathes. JMO.

As a sidenote: there's a whole lot of legal minds out there in the world (who are not actually complicit in any of the BIG LIE activities) who have strong words in support of Willis, the Georgia SoS and the fine job they are doing to bring accountability for Georgians as they pertain to this group's attempts to steal their votes.

 

[Vern]

...And I'm also not in favor of any President weaponizing the DOJ for political reasons.
...

RSBM:

Good thing that the EX President who attempted to do just that in his attempt to remain in power after his 2020 loss is gone. That's the kind of entitlement thinking that got him where he is today ---- it must be shocking to him to finally be held to account for his attempts to undermine American democracy.

Point #2: Evidence That Trump Tried to Pressure the Justice Department to Spread His Allegations of Election Fraud

www.lawfaremedia.org

Well before the Jan. 6 select committee hearings began, a Senate Judiciary Committee investigation—which resulted in depositions of former Acting Deputy Attorney General Richard Donoghue, former Acting Attorney General Jeffrey Rosen, and former U.S. attorney BJay Pak, and a report back in October 2021—already released a lot of evidence on Trump’s near-decapitation of the Justice Department leadership in the run-up to Jan. 6.

As a result, the general outline of this story, and many of its details, were already well known by the time the committee’s hearings began: After Attorney General William Barr resigned, having refused to take up Trump’s bogus allegations, senior Justice Department officials told Trump they could not support his claims of election fraud, and Trump sought to fire these officials and offered the attorney general position to Jeffrey Clark.

Hopefully voters will be sensible enough to NEVER allow him another opportunity to do so.

 

[Inthedetails]

Fani Willis has now also filed a response to Jeff Clark's motion for removal arguing, in essence, that by trying to send a letter he knew to be false while also misusing the gravitas and authority of the Department of Justice could not possibly be 'necessary and proper' to his official duties.

https://storage.courtlistener.com/recap/gov.uscourts.gand.319419/gov.uscourts.gand.319419.28.0.pdf

---------
Just a personal observation - I'd read a couple of tweets earlier between George Conway and Stephanie Grisham boiling down to people in Trump's immediate orbit themselves feel untouchable and I think we see some of that come across in their filings. Maybe it's just them going for broke and trying EVERY legal argument they can but these folks seem to think they're entitled to certain legal remedies they can't actually justify. All the removal arguments are essentially we deserve to be tried in federal court because we are a federal officer or we're pretending to be. And that's really the crux of their argument - which doesn't even come close to clearing the necessary criteria for removal.

JMO

I also think they are doing anything to delay and ALSO doing anything to display.

They manipulate what is happening to convince supporters that it is all "politically motivated." Whatever happens legally, they cry it is politically motivated and the fans pick up the chant.

The "politically motivated" is the trending chant, replacing the tired and outdated "lock her up" chant about the email lady.

jmo

 

[Inthedetails]

Linked is the response from D.A. Willis to Jeffrey Clark's request to move case to federal court.

Reminder: Clark was an official in the DOJ. In his position at the DOJ, he had no role or responsibility in elections or investigations. Yet, he meddled in the outcome of the election results in the state of Georgia.

https://storage.courtlistener.com/recap/gov.uscourts.gand.319419/gov.uscourts.gand.319419.28.0.pdf

Jeffrey Clark - Wikipedia

en.wikipedia.org

 

[Inthedetails]

Linked is the response from D.A. Willis to Jeffrey Clark's request to move case to federal court.

Reminder: Clark was an official in the DOJ. In his position at the DOJ, he had no role or responsibility in elections or investigations. Yet, he meddled in the outcome of the election results in the state of Georgia.

https://storage.courtlistener.com/recap/gov.uscourts.gand.319419/gov.uscourts.gand.319419.28.0.pdf

Jeffrey Clark - Wikipedia

en.wikipedia.org

This is interesting, bbm.

"During the meeting, the defendant (Jeffrey Clark) revealed that he had already spoken with then-President Trump; Rosen (Acting Attorney General) and Donoghue (Acting Deputy Attorney General) reprimanded him for violating established DOJ policy by speaking with the president directly and ordered him not to do so again."

"On January 2, 2021, the defendant met again with Donoghue and Rosen. He revealed that he had remained in contact with then-President Trump, again violating DOJ protocol as well as the direct orders of his superiors"


Sounds like a president using the DOJ to carry out his political work/crimes. Huh. Go figure. jmo

Source: page 6 of https://storage.courtlistener.com/recap/gov.uscourts.gand.319419/gov.uscourts.gand.319419.28.0.pdf

 

[Niner]

Docket updates for a few...

Guiliani:

Events & Hearings
09/07/2023 APPLICATION
APPLICATION
Comment: Verified Application for Pro Hac Vice Admission

09/08/2023 MOT/DEMAND FOR DISCOVERY
MOTION/DEMAND FOR DISCOVERY
Comment: Preliminary Demand for Discovery

09/08/2023 MOTION
MOTION
Comment: Motion for Indictment Perfect in Form and Substance


Powell:

Events & Hearings
09/08/2023 MOTION
MOTION
Comment: Motion for Severance Order

09/08/2023 MOTION
MOTION
Comment: Second Motion to Adopt Powell

09/29/2023 CASE MANAGEMENT HEARING
JUDGE MCAFEE SPECIAL VIRTUAL NOTICE 2023
JUDGE MCAFEE SPECIAL VIRTUAL NOTICE 2023
JUDGE MCAFEE SPECIAL VIRTUAL NOTICE 2023
JUDGE MCAFEE SPECIAL VIRTUAL NOTICE 2023
JUDGE MCAFEE SPECIAL VIRTUAL NOTICE 2023
Judicial Officer: MCAFEE, SCOTT
Hearing Time: 9:00 AM

10/23/2023 SPECIAL SET TRIAL
Judicial Officer: MCAFEE, SCOTT
Hearing Time: 9:00 AM


Latham:

Events & Hearings
09/08/2023 MOTION
MOTION
Comment: Defendant Latham's Joinder of Defendant Shafer's Motion


Clark:

Events & Hearings
09/07/2023 MOTION
MOTION
Comment: Defendant Jeffrey B. Clarks Joinder Of Defendant Shafers Motion For Evidentiary Hearing Regarding Improper Contact By Special Prosecutors Law Firm


Still:

Events & Hearings
09/08/2023 MOTION
MOTION
Comment: Motion to Adopt Defendant David Shafer's Motion to Stay Proceedings or for Extension of Time to File Pretrial Motions


Lee

Events & Hearings
09/07/2023 WAIVER OF ARRAIGNMENT FORM
WAIVER OF ARRAIGNMENT FORM
Comment: Amended Waiver of Arraignment

09/08/2023 NOTICE
NOTICE
Comment: Notice of Election Regarding Discovery


Kutti:

Events & Hearings
09/08/2023 OBJECTIONS
OBJECTIONS
Comment: Request To Not Be Included In Speedy Trial


Chesebro:

Events & Hearings
09/07/2023 GENERAL DEMURRERS
GENERAL DEMURRERS
Comment: General Demurrer to Count 1 (RICO)

09/29/2023 CASE MANAGEMENT HEARING
JUDGE MCAFEE SPECIAL VIRTUAL NOTICE 2023
Judicial Officer: MCAFEE, SCOTT
Hearing Time: 9:00 AM

10/23/2023 SPECIAL SET TRIAL
Judicial Officer: MCAFEE, SCOTT
Hearing Time: 9:00 AM


Shafer

Events & Hearings
09/07/2023 MOTION
MOTION
Comment: Defendant Shafer's Motion for Evidentiary Hearing Regarding Improper Contact by Special Prosecutors Law Firm


Cheeley:

Events & Hearings:
09/07/2023 MOTION
MOTION
Comment: Motion for extension of time in which to file pretrial motions


Smith:

Events & Hearings:
09/07/2023 LEAVE OF ABSENCE W/EXHIBIT
LEAVE OF ABSENCE W/EXHIBIT
Comment: Leave of absence for attorney Kristen Wright Novay


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