January 6th legal proceedings and investigations megathread

[emailking]

Note: I haven't seen it mentioned and it also slipped by me, but because they are only taking up the issue of Presidential immunity for official acts while President, it means they are denying to hear Trump's double jeopardy claim (from the impeachment acquittal). So that's out.

[emailking]

All the estimates I heard yesterday were 3 months (supposedly from Smith). Before that I only remember hearing 2 months.

[emailking]

I agree with the Special Counsel.  An average Federal Criminal Case takes between 6-12 Months, but the issues in Trump's case on appeal could have carried it for 2-3 years.  The issues in this case require a lot of time for the Supreme Court, so I don't see a rationale for the Appellate Court to speed it up that fast.  

I think some things are getting confused.

Smith thinks the trial could take 3 months. He also wants the trial to start as soon as possible. He wanted these appeals to be done with months ago.

The trial judge promised the defense 7 months to prepare minus any time when she doesn't have the mandate (like right now) when the defense is required to have no burden to prepare for trial or respond to motions. There's 88 days left on that 7 months.

The appellate court did speed things up quite a bit, taking care of Trump's bogus argument in about a month. But now the Supreme Court apparently wants to take things at a slower pace.

[emailking]

Trump’s plan to use Judge Cannon to block Judge Chutkan and avoid trial

Former President Donald Trump’s lawyers see a major opportunity this week to use his criminal document mishandling case in Florida to create an impasse on his calendar for the two federal judges overseeing his major criminal cases.

Juggling his campaign and court calendar and playing his cases off one another is a key part of Trump’s legal strategy. The ultimate goal, his team has said openly, is to prevent Trump from being tried in federal court before voters cast their ballots in the 2024 general election.

A primary aim for Trump’s legal team, according to people familiar with the strategy, is to put the judge in DC overseeing the 2020 federal election obstruction case, Tanya Chutkan, in a position where she can’t start a trial before Election Day.

“Meaning, ice her,” said a person familiar with Trump’s trial schedule strategy. “Making it impossible for her to jam a trial down before the election, by things that are out of her control.”

https://www.cnn.com/2024/02/26/politics/trump-judge-cannon-chutkan-trial-plan/index.html

[emailking]

In the MAL hearing today, the government confirmed that the 60 day window before elections does not apply after indictment. We all know about these cases already, the whole point is not to prejudice somebody so close to the election.  He's already been prejudiced.

Could DOJ or the Chutkan decide anyway that this is a place they do not want to go? I guess so. But currently there is no law or policy (DOJ, the courts, or otherwise) that Trump cannot be facing trial for this right before or even on election day.

[emailking]

For all the talk of Trump's defense team being dumber than a bag of bricks from people here and elsewhere, I think they've actually done reasonably well in their efforts to delay all of Trump's trials but the weaker New York one.

Agreed. And I think the judge outsmarted them on that one. They thought March 25 was just a placeholder and they'd be able to move it at the hearing last month because of the other trials, and the judge was like, nope everything is delayed so no reason we can't just go ahead and use the placeholder and you already decided not to appeal the immunity issue so it's on. lol

[emailking]

After yesterday, I doubt they killed the entire case. Smith made it clear there is no policy to keep a defendant off trial in the runup to the election. That means we'll probably get a verdict in this case before Inauguration Day. Of course if Trump is the one getting inaugurated, and he was convicted, he can try to pardon himself and we'll see how that goes. (I don't think the AG can just dismiss the case as many have said, it's up to the judge at that point whether to accept that recommendation or not.)

[emailking]

DC I believe is off the calendar in there is no scheduled trial date (it was today before it was removed). However, it absolutely could still happen this year.

[emailking]

While I guess she can do that, with the goal of increasing his election chances, we should note the dismissal can be appealed and would likely be overturned and then the 11th circuit would surely assign the case to someone else at that point. So if Trump wins, it then comes down to whether a self pardon will be upheld by the courts or whether his DOJ can convince the new judge to drop the charges.

[emailking]

Seems legally dubious but we'll see (maybe).

[emailking]

Unless she abandons RICO and the other codefendants I think he can get that one pushed past the election. But it's a very dangerous case for him in the long term.

[emailking]

The AZ Dem AG won by 280 votes. A very important 280 votes, it turns out.

[emailking]

My first acts as your next President will be to Close the Border, DRILL, BABY, DRILL, and Free the January 6 Hostages being wrongfully imprisoned!

That's Trump last night. I guess all J6 convictions are getting pardons on the dictator day, if he wins.

[emailking]

Ex-Trump aide Peter Navarro begins serving prison sentence after historic contempt prosecution

Peter Navarro, an ex-White House aide to former President Donald Trump, has reported to a federal prison in Miami, making history as the first former White House official to be imprisoned for a contempt of Congress conviction.

Navarro was sentenced to four months in prison for his refusal to comply with a subpoena from the House Select Committee that investigated the January 6, 2021, US Capitol attack.

Before reporting to jail, Navarro spoke for 30 minutes at a gas station and called the case against him an “unprecedented assault on the constitutional separation of powers.”

He claimed that the legal tactics that were used against him would be used against Trump: “I am pissed – that’s what I am feeling right now.”

Navarro concluded: “God bless you all, see you on the other side.”

https://www.cnn.com/2024/03/19/politics/peter-navarro-jail-contempt-of-congress/index.html

[emailking]

Trump Told Pence Certifying Election Would Be ‘Career Killer,’ Valet Testified
President Donald J. Trump warned his vice president against failing to overturn the 2020 election results, according to an account by the White House valet by his side on Jan. 6.

The threat from President Donald J. Trump to his vice president, Mike Pence, was clear and direct: If you defy my effort to overturn the 2020 election by certifying the results, your future in Republican politics is over.

“Mike, this is a political career killer if you do this,” Mr. Trump told Mr. Pence by phone on the morning of Jan. 6, 2021, according to the White House valet who was with the president for much of the day and told Congress he had overheard the conversation.

The testimony of Mr. Trump’s valet, provided to the now-defunct House Jan. 6 Committee in 2022 but not previously released publicly, offers a rare firsthand look into the former president’s behavior in the hours before, during and after a mob of his supporters stormed the Capitol...

...

In the valet’s account, laid out in a transcript obtained by The New York Times, an agitated Mr. Trump pressured Mr. Pence to overturn the election and stewed about Mr. Pence’s refusal for hours after violence engulfed Congress. Told that a civilian had been shot outside the House chamber amid the mob attack, he recalled, Mr. Trump appeared unconcerned.

https://www.nytimes.com/2024/03/21/us/trump-pence-jan-6-white-house-valet.html

[emailking]

Liz Cheney Gives Warning to Supreme Court

Former Representative Liz Cheney issued a warning to the United States Supreme Court about its handling of former President Donald Trump's claims of presidential immunity.

The Supreme Court is expected to hear arguments into Trump's immunity claims on April 25. His legal team has argued presidential immunity should shield Trump from being charged in the Department of Justice (DOJ) case surrounding alleged attempts at thwarting the 2020 election results.

...

Cheney, a former Republican representative who emerged as a Trump critic following January 6, on Wednesday warned the Supreme Court about the importance of handling the case quickly while speaking at Drake University's Annual Bucksbaum Distinguished Lectureship.

"When [Trump] now is pushing this idea that a president should have complete immunity against any criminal prosecution for anything he does in office and he's pushed this appeal to the Supreme Court, I think it's very important that the Supreme Court recognizes what he's doing is a delaying tactic," Cheney said.

"It cannot be the case that a president of the United States can attempt to overturn an election and seize power and that our justice system is incapable of holding a trial and holding him to account before the next election."

https://www.newsweek.com/liz-cheney-supreme-court-warning-donald-trump-1884501

[emailking]

Those 280 votes she won by are huge!

[emailking]

A brilliant filing by Jack Smith. he is finally using Trump's tactics of putting the politics of the situation in the brief. His argument is one any American can understand and digest. It is sad that he had to put in so many backstops because a majority of the court cannot be trusted to rule sanely on this.

[emailking]

Oral arguments in the Supreme Court for Trump's immunity case take place tomorrow (Thursday), 4/25, at 10 AM Eastern. You'll be able to stream them here:

https://www.c-span.org/video/?534673-1/supreme-court-hears-case-fmr-pres-trumps-immunity-claim

Only audio will be available. The cable news networks will also likely carry it live. If you miss it, the recording will be available afterwards at the same link.

[emailking]

Those 280 votes she won by are huge!

[emailking]

Meadows, Giuliani among indicted in Arizona in latest 2020 election subversion case

A grand jury in Arizona has handed up an indictment against former President Donald Trump’s allies over their efforts to overturn his 2020 election loss, including the fake electors from that state and several individuals connected to his campaign.

Boris Epshteyn, a former White House aide who remains one of Trump’s closest advisers, former White House chief of staff Mark Meadows and Rudy Giuliani are among those who have been indicted, according to a source familiar with the investigation.

Arizona Attorney General Kris Mayes, a Democrat, announced the indictment Wednesday night, focusing on the 11 individuals who acted as pro-Trump electors in the state. The names of several other indicted defendants remain redacted, Mayes said in a statement Wednesday, until those people have been served.

...

While Trump is not among those charged in Arizona, the details in the indictment suggest he is “Unindicted Coconspirator 1.”

This is a developing story and will be updated.

https://www.cnn.com/2024/04/24/politics/arizona-criminal-charges-2020-election-subversion

[emailking]

I'm looking forward to the oral arguments this morning.

[emailking]

Oral arguments in the Supreme Court for Trump's immunity case take place tomorrow (Thursday), 4/25, at 10 AM Eastern. You'll be able to stream them here:

https://www.c-span.org/video/?534673-1/supreme-court-hears-case-fmr-pres-trumps-immunity-claim

Only audio will be available. The cable news networks will also likely carry it live. If you miss it, the recording will be available afterwards at the same link.

Arguments are on. That link needs a live piece at the end.

https://www.c-span.org/video/?534673-1/supreme-court-hears-case-president-trumps-immunity-claim&live

[emailking]

Sauer admits some of the acts in the indictment constitute private conduct (but disputes the allegations). But they are not claiming immunity for private acts.

Barrett brought this up in the context of Smith's request that even if they find immunity for some official acts, these private acts could go to trial immediately.

[emailking]

Thomas bring up out of nowhere whether they have challenged Smith's appointment as SC in this case. This is a right wing talking point.