January 6th legal proceedings and investigations megathread

[Torie]

A problem there is that Eastman can't testify at all because he's a coconspirator his lawyer would tell him to take the 5th. That can be remedied if his trial goes first or he's given immunity but obviously Smith doesn't want to do that. Trump may make an issue out of this though as a delay tactic.

There is still his written material to get into evidence, and what others testify he said to him, like that guy who pushed him to admit that there was not a snowball's chance in hell SCOTUS would buy into his theories, and he admitted the odds were highly remote.

[Born to Slay. Forced to Work.]

Trump's rants are the epitome of fear itself.

One of the most interesting fields of legal play here, as to Trump's state of mind, is that Trump is going to contend that he relied on the legal advice of Eastman about the rogue elector scheme. And then there are the parade of lawyers who told Trump that Eastman was nuts. How does the attorney client privilege play out here?

I've seen some commentary that says if Trump wants to raise an advice-of-counsel defense, he'd have to get on the stand and testify, and there's zero chance his lawyers will let him do that.

I so desperately need trump to be in the stand under oath.

[emailking]

The judge set a Monday deadline for the defense to respond to the prosecution's request for a protective order. The defense has requested that deadline be extended until Thursday.

[emailking]

^ and judge just denied the extension request, so Monday deadline.

[2016]

Trump intimidating a potential key witness, former VP Mike Pence in his latest Truth Social Rant!!!!

[The Mikado]

https://truthsocial.com/@realDonaldTrump/posts/110839099117011681

WOW, it’s finally happened! Liddle’ Mike Pence, a man who was about to be ousted as Governor Indiana until I came along and made him V.P., has gone to the Dark Side. I never told a newly emboldened (not based on his 2% poll numbers!) Pence to put me above the Constitution, or that Mike was “too honest.” He’s delusional, and now he wants to show he’s a tough guy. I once read a major magazine article on Mike. It said he was not a very good person. I was surprised, but the article was right. Sad!

[GeorgiaModerate]

Is Trump trying to get the judge to detain him and play the martyr card?

[emailking]

Does this count as discussing the case with a witness (other than through counsel)? Because that was explicitly forbidden at the arraignment.

[emailking]

Judge denies Trump legal team’s motion to extend deadline over protective order dispute in election subversion case

A federal judge on Saturday denied a request from former President Donald Trump’s legal team for a deadline extension over the handling of evidence in the 2020 election subversion case.

Trump’s lawyers will have to respond by Monday afternoon to the Justice Department’s proposal for a protective order.

The decision from US District Judge Tanya Chutkan caps a flurry of activity in the case after special counsel Jack Smith’s team on Friday asked Chutkan to quickly set limits on what Trump’s team can do with the evidence that will be shared with them. Their request pointed to a post by Trump on Truth Social from earlier in the day to argue that the former president has a habit of speaking publicly about the details of the various legal proceedings he’s facing.

“And in recent days, regarding this case, the defendant has issued multiple posts—either specifically or by implication—including the following, which the defendant posted just hours ago,” the special counsel’s office wrote, including a screenshot of the Truth Social post from Trump that read: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!”

https://www.cnn.com/2023/08/04/politics/trump-truth-social-smith-evidence-2020/index.html

[Middle-aged Europe]

Picture his lawyers attempting to get Ivanka or whoever he listens to convince him to deactivate his Truth Social account ot at least change its password to one that is not in his immediate possession.

[The Mikado]

https://truthsocial.com/@realDonaldTrump/posts/110839099117011681

WOW, it’s finally happened! Liddle’ Mike Pence, a man who was about to be ousted as Governor Indiana until I came along and made him V.P., has gone to the Dark Side. I never told a newly emboldened (not based on his 2% poll numbers!) Pence to put me above the Constitution, or that Mike was “too honest.” He’s delusional, and now he wants to show he’s a tough guy. I once read a major magazine article on Mike. It said he was not a very good person. I was surprised, but the article was right. Sad!

Imagining Trump reading a magazine about the guy he put a heartbeat away from the Presidency and going "oh no, what have I done"

[Absentee Voting Ghost of Ruin]

^ and judge just denied the extension request, so Monday deadline.

Perhaps she's doing them a favor, by denying them time to generate  prepare a 'fulsome' response.

https://en.wiktionary.org/wiki/fulsome

1. Offensive to good taste, tactless, overzealous, excessive.
2. Excessively flattering (connoting insincerity).
3. Marked by fullness; abundant, copious.
4. Fully developed; mature.

(Yes, they likely intended one of the more modern meanings. But with Donald as their client, the first two would likely be accurate.)

As the trial develops, it will be fascinating to see where Judge Chutkan draws her lines, both on Trumps behavior and her own responses to it. 

[2016]

Some thoughts by Andrew Weissmann

https://twitter.com/AWeissmann_/status/1687949203958358017

Suggests the Trump Truth Social Tweet on Pence might be intentional so he can play the Victim Card once going to jail.

[Middle-aged Europe]

Some thoughts by Andrew Weissmann

https://twitter.com/AWeissmann_/status/1687949203958358017

Suggests the Trump Truth Social Tweet on Pence might be intentional so he can play the Victim Card once going to jail.

Somehow I doubt that Donald Trump would voluntarily go to jail. The easiest explanation is the most likely ... Donald Trump can't control his impulses.

[2016]

These Truth Social Tweets by Trump can do 2 things:

# 1 He riles up his Supporters with it (Most likely scenario)

OR

# 2 It could be the first sign of Trump completely imploding. (The entire Republican Presidential Field had probably waiting on this for over 6 Months)

[MasterJedi]

Trump isn’t smart enough to play that game.

[Middle-aged Europe]

Trump isn’t smart enough to play that game.

Trump is much like Jack Nicholson's character from A Few Good Men. Deep down he knows for himself that is in the right and he's dying to tell the entire world. Put him on the stand and he would incriminate himself.

[Landslide Lyndon]

When for the first 75 years of your life you have done whatever you wanted without ever facing any consequences, it's difficult for you at such an advanced age to grasp the concept of accountability.

[LBJer]

When for the first 75 years of your life you have done whatever you wanted without ever facing any consequences, it's difficult for you at such an advanced age to grasp the concept of accountability.

He's a typical bully in that he can dish it out but can't take it.

[The Mikado]

What magazine do we think Trump reads?

We know he reads gossipy pieces about himself written by, like, Olivia Nuzzi and writers like that, so something like New York or Vanity Fair strikes me as possible. Something that is "classy" while still basically being a gossip tabloid.

...Ah, who am I kidding. Trump read an expose on Pence in an old issue of Cigar Aficionado he found in Rudy Giuliani's waiting room.

[Yoda]

Some thoughts by Andrew Weissmann

https://twitter.com/AWeissmann_/status/1687949203958358017

Suggests the Trump Truth Social Tweet on Pence might be intentional so he can play the Victim Card once going to jail.

Somehow I doubt that Donald Trump would voluntarily go to jail. The easiest explanation is the most likely ... Donald Trump can't control his impulses.

Agreed. I think the "martyr" theory is kinda silly. trump would literally throw his own child under the bus to save himself from one day in jail. He's not trying to voluntarily go to jail as part of some 3D chess plan. He's psychotic and needs attention at all times.

[Landslide Lyndon]

https://twitter.com/bluestein/status/1687796724289466370

[Storr]

I highly doubt it was an accident Mike Pence said this on CNN, of all media outlets:

https://twitter.com/atrupar/status/1688179905148686336?s=20

[emailking]

THERE IS NO WAY I CAN GET A FAIR TRIAL WITH THE JUDGE “ASSIGNED” TO THE RIDICULOUS FREEDOM OF SPEECH/FAIR ELECTIONS CASE. EVERYBODY KNOWS THIS, AND SO DOES SHE! WE WILL BE IMMEDIATELY ASKING FOR RECUSAL OF THIS JUDGE ON VERY POWERFUL GROUNDS, AND LIKEWISE FOR VENUE CHANGE, OUT IF D.C.

^ Trump saying there's very powerful grounds to remove the judge. Also several other all caps paragraphs this morning and also said Pelosi is a witch and will go to hell someday.

[Torie]

I highly doubt it was an accident Mike Pence said this on CNN, of all media outlets:

...

That is interesting. Does Pence mean they asked him to reject the Biden slates, and certify the rogue slates, as opposed to just refuse to certify, to send it back to the states or the courts? That would surprise me, and I have not heard that before, and I tend to doubt it. But I suppose it is possible that team Trump first asked for the moon (just declare that we won, and be done with it), and when Pence resisted the fall back was to just defer matters for a bit to let team Trump work it's magic with the legislatures.

It is all totally delusional, and no matter what Pence did, the courts would not out up with the Trump antics for a second.

Come to think of it, you know what I would have done if I were Pence when Trump started hitting on me back in mid-December or so? Of course you do. I would have filed an emergency petition with SCOTUS stating that Trump was demanding that I perform more than a ministerial function in certifying duly qualified electors, and subvert the election by installing rogue ones, or let the legislatures mess with them, and I want a ruling on the matter, and I want it now. Our democracy is at stake, and potentially, the peaceful transfer of power. After SCOTUS blowz Trump away, what is Trump going to do then? Bitch that all his appointees were Judas goats, just like Pence himself?