January 6th legal proceedings and investigations megathread

[This user has not been convicted of 34 felonies]

If Pence hadn't shown up I assume Grassley would have presided to the same result.

You know what they say when you assume - it makes an ass out of u and me. Grassley has been a Trump loyalist and the fact that he was making preparations to step in for Pence before this decision was even final tells me that someone ought to ask ole Chuck a question or two about why he was preparing to do so.

[Crumpets]

If Pence hadn't shown up I assume Grassley would have presided to the same result.

You know what they say when you assume - it makes an ass out of u and me. Grassley has been a Trump loyalist and the fact that he was making preparations to step in for Pence before this decision was even final tells me that someone ought to ask ole Chuck a question or two about why he was preparing to do so.

This is from over a year ago, but relevant to this topic:

https://twitter.com/lawindsor/status/1565353787614699522

[emailking]

I hear what you guys are saying and maybe he would have been more coup curious but I think ultimately we would reach the same result on that day. The competing slates never made it to the Speaker's chair so there's no decision for him to make on the spot. There still would have been objections to Arizona and Pennsylvania (and possibly others if the J6 violence played out differently). They would have been rejected by the full Congress so he'd no choice but to accept them. I think he's smart enough to know that if he just summarily declared the results in those states void anyway that it would never hold up in court so he wouldn't try.

[emailking]

Trump can be held civilly liable in Jan. 6 riot, judges rule

Donald Trump can be held civilly liable for the actions of the mob that attacked the U.S. Capitol on Jan. 6, 2021, an appeals court ruled Friday in a long-awaited decision that could clear the way for lawsuits seeking financial damages from the former president.

The unanimous decision by a federal appeals court in Washington is expected to be appealed and also offers insight into how the court could view Trump’s argument that presidential immunity also protects him from being charged criminally for his efforts to stay in power after the 2020 election.

Two U.S. Capitol police officers and about a dozen Democratic lawmakers sued Trump in 2021, saying he potentially instigated violence on Jan. 6 by telling supporters the election was stolen and urging them to march to the Capitol and “fight like hell.” The plaintiffs sued under a roughly 150-year-old law that bars the use of force, threats or intimidation to prevent government officials from carrying out their duties and allows anyone injured by such actions to collect damages.

https://www.washingtonpost.com/dc-md-va/2023/12/01/trump-can-be-sued-jan-6-immunity/

[President Johnson]

Trump can be held civilly liable in Jan. 6 riot, judges rule

Donald Trump can be held civilly liable for the actions of the mob that attacked the U.S. Capitol on Jan. 6, 2021, an appeals court ruled Friday in a long-awaited decision that could clear the way for lawsuits seeking financial damages from the former president.

The unanimous decision by a federal appeals court in Washington is expected to be appealed and also offers insight into how the court could view Trump’s argument that presidential immunity also protects him from being charged criminally for his efforts to stay in power after the 2020 election.

Two U.S. Capitol police officers and about a dozen Democratic lawmakers sued Trump in 2021, saying he potentially instigated violence on Jan. 6 by telling supporters the election was stolen and urging them to march to the Capitol and “fight like hell.” The plaintiffs sued under a roughly 150-year-old law that bars the use of force, threats or intimidation to prevent government officials from carrying out their duties and allows anyone injured by such actions to collect damages.

https://www.washingtonpost.com/dc-md-va/2023/12/01/trump-can-be-sued-jan-6-immunity/

Huge blowback for Trump. CNN legal scholars argue this ruling could be a real precedent for years to come and potentially more legal trouble for him.

[emailking]

Yes I believe the argument is that he was not acting in his capacity as President (of course) so he can be sued. Normally the President is immune from random lawsuits that are related to the performance of his/her official duties. Hopefully SCOTUS upholds or doesn't take the case.

[emailking]

Judge rejects Trump immunity claim in federal 2020 election case

A U.S. judge on Friday said Donald Trump does not have immunity from criminal charges for actions he took as president, rejecting a bid by the Republican to toss out the case accusing him of conspiring to overturn his 2020 election loss.

U.S. District Judge Tanya Chutkan in Washington found there was no legal basis for concluding that U.S. presidents cannot face criminal charges once they are no longer in office.

Trump, the frontrunner for the 2024 Republican presidential nomination, can immediately appeal the ruling, which could delay the trial while an appeals court and potentially the Supreme Court weigh the issue. The trial is currently scheduled to begin in March.

Chutkan’s ruling brings Trump a step closer to facing a jury on charges that he plotted to interfere in the counting of votes and obstruct Congress’ certification of his election defeat to Democrat Joe Biden.

https://www.reuters.com/world/us/judge-rejects-trump-immunity-claim-federal-2020-election-case-2023-12-02


Note: this is Chutkan ruling he doesn't have immunity as President in his election subversion trial, distinct from the other ruling today from an appeals court that he does not have civil immunity for Jan 6.

[Absentee Voting Ghost of Ruin]

DoJ claims Trump tried to start a riot in Michigan to obstruct the vote count as soon as it looked like he was losing:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.176.0_9.pdf

[Amenhotep Bakari-Sellers]

I don't even care about this anymore it's not damaging Trump like it was before, like in the Summer he was 7 pts down now he is tied with Biden, it may still be a 303 map but it's not that damaging

[emailking]

First signs of Trump jury selection process may have just landed in D.C. mailboxes
The former president's federal election interference trial is scheduled to start in March.

Potential jurors in former President Donald Trump's federal election interference trial may know they are in the pool now.

The U.S. District Court for the District of Columbia has sent prospective jurors a "pre-screening" form asking about their availability to appear in person Feb. 9 to fill out a written questionnaire for use in the jury selection process for a March 4 trial. A resident in Washington, D.C., who received one of the forms in the mail Monday shared an image of it with NBC News.

Though the form does not name or refer to the defendant directly, the court had earlier set those dates for the questionnaire and the start of Trump's trial. The form advises potential jurors that their trial "may last approximately three months after jury selection is completed," which is consistent with estimates of the timetable for Trump's trial.

Recipients were also notified that the in-person written questionnaire is different from the online version, which is often the only one used in federal trials.

https://www.nbcnews.com/politics/donald-trump/first-signs-trump-jury-selection-process-may-just-landed-dc-mailboxes-rcna128031

[2016]

I pray for Judge Tanya Chutkan, her family and the potential Jurors to do the right thing next year. It's very important.

[Badger]

I pray for Judge Tanya Chutkan, her family and the potential Jurors to do the right thing next year. It's very important.

I have no doubt she will. It's judge Cannon one should have great doubts about

[Absentee Voting Ghost of Ruin]

More evidence of coordination between the Trump Campaign and the Proud Boys.

Ratifying Sedition: The Proud Boys 404(b) Evidence

[GeorgiaModerate]

Nevada fake Trump electors indicted

[Progressive Pessimist]

I pray for Judge Tanya Chutkan, her family and the potential Jurors to do the right thing next year. It's very important.

The timing is more important than anything. A conviction has to happen well before the election. Hell, two weeks before would be okay, come to think of it, considering how short American attention spans are.

[Landslide Lyndon]

Important reminder.

https://twitter.com/acnewsitics/status/1732762888375554289

[I spent the winter writing songs about getting better]

Important reminder.

https://twitter.com/acnewsitics/status/1732762888375554289

This is incorrect:

At least one is a Jew: https://ny1.com/nyc/all-boroughs/news/2023/03/16/nyc-based-jewish-journalist-charged-with-jan--6-offenses

And there was one self-described BLM activist: https://www.nbcnews.com/politics/justice-department/self-proclaimed-journalist-john-sullivan-convicted-charges-jan-6-riot-rcna125516

There was a group of three Arab-Americans who came together, two of which were confirmed to come from a Maronite Christian background but one (Rasha Abual-Ragheb) whose background is unclear and could be a Muslim. And there are plenty of people arrested whose background doesn't fit the stereotypical Trump supporter one, like a trans woman (Jessica Marie Watkins), and other general kooks like that Q Shaman guy who also specifically stated he's not a Christian and is some sort of shamanistic pagan (hence the get up he wore there), so I think it's a huge stretch to say "Not one Atheist", those aren't exactly unheard of amongst Oath Keepers/Three Percenters types.

Now picking up small exceptions like this might sound like a nitpick, but it's valid because this tweet specifically states "not one" which requires only a single exception to disprove, similar with claiming that they were "100% Christian" is blatantly untrue. More than 90% Christian...maybe. But that's not the verbiage used.

Also...what exactly is the point of things like this anyway? If someone were to make some similar post raving about how the 9/11 hijackers were "100% Muslim" and "Not one European", they'd be correct, but it'd be rightfully written off as bigoted garbage, and an irrelevant statistic. It doesn't prove that all Muslims are terrorists, or that there aren't any terrorists who aren't Muslim, or no terrorists of European ancestry, etc. This doesn't seem to have much purpose beyond a standard "gotcha" which I've pointed out in the past proves nothing, but is actually much worse than a typical one because the point of demographic tallying amongst people who do bad things has some pretty nasty implications, often intentionally.

[emailking]

Trump appeals ruling denying his immunity claims in his federal election interference case
The former president’s lawyers also requested that all further proceedings in the case be paused until his appeal is resolved.

Former President Donald Trump filed a notice Thursday indicating that he will appeal a ruling that he does not have immunity from prosecution in his federal election case that’s set to go to trial in March.

Judge Tanya Chutkan, who’s presiding over the election interference case against the former president, ruled against Trump last Friday, Dec. 1, denying his motion to dismiss his D.C. indictment on presidential immunity and constitutional grounds. Chutkan said the former president did not have absolute immunity from prosecution for actions taken in his role as president.

In a separate filing Thursday, Trump’s lawyers also requested a pause on all further proceedings in the case until his appeal is resolved. Such a stay is required under D.C. Circuit Court and Supreme Court precedence, Trump’s lawyers said.

The former president has asked that Chutkan rule on this motion for a stay in seven days. His lawyers argued that “the continuation of these proceedings in the absence of jurisdiction inflicts ongoing irreparable harm.”

https://www.nbcnews.com/politics/donald-trump/trump-appeals-ruling-denying-immunity-claims-federal-election-interfer-rcna128589

[2016]

Trump appeals ruling denying his immunity claims in his federal election interference case
The former president’s lawyers also requested that all further proceedings in the case be paused until his appeal is resolved.

Former President Donald Trump filed a notice Thursday indicating that he will appeal a ruling that he does not have immunity from prosecution in his federal election case that’s set to go to trial in March.

Judge Tanya Chutkan, who’s presiding over the election interference case against the former president, ruled against Trump last Friday, Dec. 1, denying his motion to dismiss his D.C. indictment on presidential immunity and constitutional grounds. Chutkan said the former president did not have absolute immunity from prosecution for actions taken in his role as president.

In a separate filing Thursday, Trump’s lawyers also requested a pause on all further proceedings in the case until his appeal is resolved. Such a stay is required under D.C. Circuit Court and Supreme Court precedence, Trump’s lawyers said.

The former president has asked that Chutkan rule on this motion for a stay in seven days. His lawyers argued that “the continuation of these proceedings in the absence of jurisdiction inflicts ongoing irreparable harm.”

https://www.nbcnews.com/politics/donald-trump/trump-appeals-ruling-denying-immunity-claims-federal-election-interfer-rcna128589

LOL, Trump again grasping at straws here. A President, current or former, does not have absolute immunity. If that would be granted the United States would tell the Free World our Leader is above every Law. Not happening.

The D.C. Appeals Panel consists of 11 Democrats and 3 Republicans. 2 of the 3 Republicans are appointed by Trump, 1 by George H. W. Bush.
So technically the Composition is 12 to 2. Hopefully they do the right thing and do not grant the former President absolute immunity.

[Absentee Voting Ghost of Ruin]

Jack Smith was just handed 'valuable evidence' from Wisconsin fake electors case: expert

Donald Trump has already been indicted for the attempt to overthrow the 2020 election, and Just Security's Ryan Goodman explained the 10 fake electors, as part of their agreement in settling a civil trial, have pledged to aid in the federal probe of the former president.

The most incriminating, he said was a text that said, "This is insane... if you received a favorable court ruling you could do it after. Who is coming up with this?"

The fake elector replied: "They don’t want to have a technicality mess up the possible steal... RPW and trump (sic) lawyers."

[emailking]

Appeals court upholds key provisions of Trump gag order in federal Jan. 6 case

An appeals court largely upheld a gag order limiting former President Trump’s statements as he faces federal prosecution for seeking to block the transfer of power, broadening his ability to attack special counsel Jack Smith while leaving in place limitations on other parties.

The ruling from a three-judge panel of the D.C. Circuit Court of Appeals largely affirms a prior ruling from Judge Tanya Chutkan, who barred Trump from making statements that “target” foreseeable witnesses, court staff and prosecutors.

The appeals court refined that directive, barring Trump from any statements “made with the intent to materially interfere with, or to cause others to materially interfere with” the course of the case.

But it removed Smith from the list of protected court staff, giving Trump free reign to go after a prosecutor he is fond of taunting as “deranged."

https://thehill.com/regulation/court-battles/4350074-appeals-court-upholds-key-provisions-of-trump-gag-order-in-federal-jan-6-case/


Gag order back on but special exemption for Smith explicitly, uggh.

[Fmr. Gov. NickG]

Appeals court upholds key provisions of Trump gag order in federal Jan. 6 case

An appeals court largely upheld a gag order limiting former President Trump’s statements as he faces federal prosecution for seeking to block the transfer of power, broadening his ability to attack special counsel Jack Smith while leaving in place limitations on other parties.

The ruling from a three-judge panel of the D.C. Circuit Court of Appeals largely affirms a prior ruling from Judge Tanya Chutkan, who barred Trump from making statements that “target” foreseeable witnesses, court staff and prosecutors.

The appeals court refined that directive, barring Trump from any statements “made with the intent to materially interfere with, or to cause others to materially interfere with” the course of the case.

But it removed Smith from the list of protected court staff, giving Trump free reign to go after a prosecutor he is fond of taunting as “deranged."

https://thehill.com/regulation/court-battles/4350074-appeals-court-upholds-key-provisions-of-trump-gag-order-in-federal-jan-6-case/


Gag order back on but special exemption for Smith explicitly, uggh.

This seems like a very good sign that the Appeals Court will deal very quickly with Trump’s immunity appeal.

[emailking]

This seems like a very good sign that the Appeals Court will deal very quickly with Trump’s immunity appeal.

I think the only real risk there if is the random 3 judge panel has at least 2 of the of the 4 judges that have shown a proclivity to slowing things down for Trump. (Over all Trump litigation they've gotten over the past 6 years.) There's 14 judges total so there's about a 18% chance this could happen.

[Absentee Voting Ghost of Ruin]

Trump Goes On Saturday Posting Bender That Includes Threat To Indict Obama — For ‘Murder’

On Saturday morning, Trump posted and reposted many of his own thoughts, mostly related to the fraud trial that is winding down, and at which he appeared this week to rant to reporters.

But he also reposted a message from conservative pro-Trump attorney Mike Davis, who suggested the ruling against Trump’s presidential immunity defense could allow Trump to indict Obama in the future:

    So Democrat judges in DC suddenly pretend President Trump doesn’t enjoy presidential immunity, like all of his predecessors for 250 years?

    Does that mean the Trump 47 Justice Department can indict President Obama for his extrajudicial murder of a 16-year-old American citizen?

As Mediaite points, out, the 16-year-old American citizen in question would be Anwar al-Awaki Abdulrahman al-Awlaki, killed by a US drone strike order by then-President Obama.  Anwar al-Awaki's 8-year-old daughter Nawar was killed by a special ops operation ordered by then-"President" Trump six years later.

[brucejoel99]

Appeals court upholds key provisions of Trump gag order in federal Jan. 6 case

An appeals court largely upheld a gag order limiting former President Trump’s statements as he faces federal prosecution for seeking to block the transfer of power, broadening his ability to attack special counsel Jack Smith while leaving in place limitations on other parties.

The ruling from a three-judge panel of the D.C. Circuit Court of Appeals largely affirms a prior ruling from Judge Tanya Chutkan, who barred Trump from making statements that “target” foreseeable witnesses, court staff and prosecutors.

The appeals court refined that directive, barring Trump from any statements “made with the intent to materially interfere with, or to cause others to materially interfere with” the course of the case.

But it removed Smith from the list of protected court staff, giving Trump free reign to go after a prosecutor he is fond of taunting as “deranged."

https://thehill.com/regulation/court-battles/4350074-appeals-court-upholds-key-provisions-of-trump-gag-order-in-federal-jan-6-case/

Gag order back on but special exemption for Smith explicitly, uggh.

https://twitter.com/RDEliason/status/1733855287637852388https://twitter.com/RDEliason/status/1733886742329987113