January 6th legal proceedings and investigations megathread

[GeorgiaModerate]

My prediction for how this is going to go:

1. Chutkan will grant the government's gag order request, or something close to it.

2. Trump will behave for a little while, but then revert to form and say something else that clearly violates it.

3. Smith will file another complaint. Chutkan will make Trump appear in person for a hearing. She'll warn him that if he violates his condition of release one more time, his bond will be revoked and he'll be detained until trial.  She might also try to move the trial date earlier, although it's already on a fairly ambitious schedule.

4. See 2.

5. Trump's bond is revoked and he's detained under house arrest until the trial, and he's prohibited from any social media use.

[GeorgiaModerate]

https://twitter.com/murraywaas/status/1715086579692142887

[GeorgiaModerate]

Mark Meadows granted immunity, tells special counsel he warned Trump about 2020 claims: Sources

Former President Donald Trump's final chief of staff in the White House, Mark Meadows, has spoken with special counsel Jack Smith's team at least three times this year, including once before a federal grand jury, which came only after Smith granted Meadows immunity to testify under oath, according to sources familiar with the matter.

The sources said Meadows informed Smith's team that he repeatedly told Trump in the weeks after the 2020 presidential election that the allegations of significant voting fraud coming to them were baseless, a striking break from Trump's prolific rhetoric regarding the election.

[GeorgiaModerate]

With Meadows flipping here, and the several flips so far in Georgia, Trump is probably going to be thinking harder about the list of countries that don't have an extradition treaty with the US.

[GeorgiaModerate]

https://twitter.com/kyledcheney/status/1718767357420523985

[GeorgiaModerate]

Chutkan's gag order has been stayed by the appeals court with a hearing for November 20. It will probably go back into effect then, but until then Trump is probably going to go wild on TS.

It is absolutely insane that this Gag Order has been frozen! Do you have a Justice System in the US or not? Your System should not allow a guy like Trump consistently ranting and intimidating witnesses.

It's a temporary stay until Trump's lawyers make their arguments.  Nothing unusual.

[GeorgiaModerate]

https://twitter.com/ABC/status/1724188581382557765

[GeorgiaModerate]

Special counsel Jack Smith took a meeting with attorneys representing former President Donald Trump earlier this year and reportedly sat in stone-cold silence while they pleaded with him not to indict their client.

Politico reports that ABC News reporter Jonathan Karl's new book on Trump's post-presidential life claims that Trump lawyers Trump attorneys Todd Blanche and John Lauro met with Smith's team over the summer and gave them a list of reasons why charging Trump with crimes related to his efforts to illegally remain in power would be a mistake.

According to Karl, Smith sat through through the presentation without saying a word.

"As Lauro spoke, the prosecutors took notes, but they said nothing," Karl reports. "Smith waited until Lauro was done speaking and then, without commenting on what he just heard, he bid the Trump lawyers farewell. According to sources with direct knowledge of the meeting, Smith did not ask a single question. And aside from the pleasantries at the start of the meeting (including the offer of a glass of water) and the goodbye at the end, neither Smith nor the two prosecutors said anything at all.”

^^

So Jack Smith is a socially-awkward autist who doesn’t know how to mingle and engage with people. I could’ve figured that out without reading some book

This wasn't a cocktail party, although I imagine that Trump's lawyers might have wanted a few drinks afterward.

[GeorgiaModerate]

Clay Higgins continues to contend for the most insane member of Congress:

https://twitter.com/Acyn/status/1724810588155793715

[GeorgiaModerate]

Nevada investigating fake electors

[GeorgiaModerate]

How long until the MAGA types start attacking Pence's son?

[GeorgiaModerate]

Nevada fake Trump electors indicted

[GeorgiaModerate]

Time to see if Gorsuch, Kavanaugh and ACB earned their seats or if they need to be replaced next term.

[GeorgiaModerate]

https://twitter.com/harrylitman/status/1734288037616722160

[GeorgiaModerate]

https://twitter.com/kaitlancollins/status/1734340158005428461

[GeorgiaModerate]

https://twitter.com/MuellerSheWrote/status/1734343076691521870

[GeorgiaModerate]

https://www.zerohedge.com/markets/supreme-court-rules-against-special-counsel-will-not-expedite-trump-immunity-clash

Lmao deranged Jack Smith got wrecked HARD.

This probably means Trump will not be tried in 2024 srs because it will get tied up in the lower appeals courts. The only other way they can stop him is the ballot access suits, and this decision indicates SCOTUS is not eager to interfere with democracy. Das it mane.

Um, no.  They're (quite reasonably) waiting for the appeals court to weigh in first -- and the appeals court has already set a very aggressive schedule for hearing Trump's appeal.  Is this slower than if SCOTUS had taken it up immediately?  Yes.  Does it mean a delay of months?  Not likely.

[GeorgiaModerate]

I don't see why the appeals court would be the weak link here. Smith got a favorable draw for the appeal and they're fast tracking that, the full court will likely fast track as well given its history of doing so. SCOTUS could take however long they want but they could still decide quickly. Just because they don't want to deviate from the normal process doesn't imply they want to slow walk it.

What panel was drawn for the upcoming arguments on January 9th? If the ruling from that case is against Trump, I would expect a swift denial for an en banc hearing. (Trump knows he would lose there, but I still think he would try it just to delay.) At that point, Smith would be on sturdier ground to ask SCOTUS to expedite.

-Florence Pan (Biden)
-Michelle Childs (Biden)
-Karen Henderson (George H.W. Bush)

[GeorgiaModerate]

Seems bad. Appeals court is going lightning speed but Trump can appeal en banc and then to SCOTUS with like 30 and 45 delays before "deciding" to do so, so the trial is most likely getting delayed now.

SCOTUS can easily decide to reject Cert in an appeal like they have done to many of Trump's petitions. Also being delayed doenst mean delayed past election.

A Trial in like August would be worse for Trump than a trial in March

Agreed on that.

The more things delayed, the more this gets pushed back into the heat of the presidential election.

I just wonder whether there's anything with regard to the trial or a possible verdict in conjunction with the timing of the election? Ergo, would the trial have to paused and/or the announcement of a verdict delayed when the election is just weeks away? Imagine a conviction around October 25 or so.

Thats Trump's plan, delay the trial to as close as the election as possible. Than ask the judge to postpone the trial until after the election to avoid "election interference"

Honestly, I think it will work.

I can see Judge Cannon postponing on that premise in the Florida case, but not Judge Chutkan in DC or the judge in the Georgia state trial.

[GeorgiaModerate]

Can anyone imagine what the right would do if Biden, Obama, or Hillary posted a Christmas message like that?  They'd still be talking about it next Christmas.

[GeorgiaModerate]

https://twitter.com/CraigDMauger/status/1743227616528580815

[GeorgiaModerate]

And Trump wants to J6 again...

(supposed Truth social post snipped)

This has been debunked as a fake post.

[GeorgiaModerate]

At the Appeals Court, Trump’s lawyers are currently, explicitly arguing that it would be perfectly legal for the president to assassinate a political rival.

Specifically they are arguing that he would be immune from prosecution unless he were impeached and convicted first. Even though Senate Republicans said that the reason they weren’t voting to convict him in 2021 (purportedly) was that he should be tried in court instead of being impeached and convicted!

Impeachment is a political process. Where the hell did that theory come from?

They're trying to twist the meaning of Article II Section 3:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Where the last clause says that an impeached/removed officer is still subject to further criminal prosecution.  Trump's argument is that the President is not subject to prosecution *unless* he has first been impeached and convicted.  This has no historical basis, and I'm certain it will be rejected by the court.

[GeorgiaModerate]

Where is the DC circuit court? Why have they not ruled on the appeal yet??

https://www.politico.com/news/2024/01/23/appeals-court-trumps-gag-order-00137227

Different appeal.  The key one that's holding up the trial is his claim of presidential immunity.

[GeorgiaModerate]

OK, so why didn’t Garland even appoint a special prosecutor until more than two years after the election? Trump should have been arrested the day after the phone call with Raffensberger was released.

Garland appointed the special prosecutor solely because Trump announced his candidacy for President, in order to move the already running DoJ investigation outside of political influence.  If you think nothing happened until Smith's appointment, you are mistaken.