January 6th legal proceedings and investigations megathread

[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.

[Ferguson97]

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!

Republicans? Being disingenuous liars? Who would’ve thought?!

[Progressive Pessimist]

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.

The circular logic is just so infuriating...

[Landslide Lyndon]

https://twitter.com/VaughnHillyard/status/1744811879220846596

[emailking]

The Court brought this up yesterday, in the impeachment trial he argued now is when he would be accountable, but now he is arguing is that impeachment was the time when he could have been held accountable.

[Yoda]

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!

Alex Wagner did a good job on her show last night laying out the shell game that republicans have carefully crafted in order to constantly excuse donald trump and protect him from the consequences of his crimes. Second impeachment? "He's out of office, so the criminal justice system is the correct avenue to hold him accountable." Now that's been out of office for years? "Oh, wait, we forgot, actually he has complete and total immunity for everything he ever did while President, and the criminal justice system actually cant touch him. Sorry stupid liberals!"

[2016]

Former FBI Legal Counsel Andrew Weissmann seems to think that the D.C. Circuit Court will rule against Trump and he says chances are increasing that the SCOTUS won't take the Immunity Case at all:

https://twitter.com/AWeissmann_/status/1745079151143399701

[emailking]

From what I've been hearing from him on TV, his position is basically that if the if the decision is unanimous with 1 opinion and it's done really well then SCOTUS may not want to even bother with this. And not that I've hear him say this, but I think Trump's lawyer arguing that the President can have opponents assassinated and be immune* makes it even less likely that SCOTUS wants to get in the muck on this, they can just let the Circuit opinion stand.

*without impeachment & conviction

[emailking]

Jack Smith Can Access Trump’s Twitter DMs, Court Rules

The D.C. Circuit Court of Appeals denied Twitter’s appeal of a previous ruling that gave Special Counsel Jack Smith access to former President Donald Trump’s Twitter account—without telling him—as part of Smith’s election interference investigation.

https://www.forbes.com/sites/anafaguy/2024/01/16/jack-smith-can-have-trumps-twitter-dms-court-rules

[emailking]

Judge rejects Trump request to hold Jack Smith in contempt in election interference case
Earlier this month, attorneys for Trump asked U.S. District Judge Tanya Chutkan to hold Smith in contempt for filing motions ahead of deadlines.

The judge overseeing the federal election interference case against former President Donald Trump has rejected his request to hold special counsel Jack Smith and his office in contempt.

Earlier this month, attorneys for Trump asked U.S. District Judge Tanya Chutkan to hold Smith in contempt for filing motions while the case is stayed pending Trump’s appeal on presidential immunity grounds.

Chutkan, however, said in her opinion and order Thursday that she agrees with Trump that Smith’s filings place a "cognizable" burden on him, and that although it was "not a major burden" for Trump's team to have to review Smith's filings, and that she would now forbid the special counsel from making substantive pretrial motions without permission going forward.

Chutkan has ordered that both parties be required to seek her permission before filing additional pre-trial motions while the stay order remains in effect.

https://www.nbcnews.com/politics/justice-department/judge-trump-election-interference-case-declines-hold-special-counsel-j-rcna134536

[2016]

@emailking,
When is the 3-Judge Panel finally ruling on Trumps "Immunity Case"? They are long overdue, aren't they? Most experts were expecting a Ruling either this week or next!

I hope it gets thrown up and Trump will have to stand Trial and then goes to jail. Enough of this garbarge by Republicans defending that snoob!

[emailking]

I don't know. But here is what Weissman thinks, pulling from several comments he's given about this. Keep in mind this decision will either have to stand the test of time as it may be referred to many similar cases in the future, or it will be reviewed by SCOTUS. Either case they want it to be bullet proof. Moreover, while all 3 judges think his argument is BS, it seemed from the orals arguments they have different rationales in getting there, and they may be trying very hard to get a single unanimous decision which makes it less likely SCOTUS will want to take the case.

[President Johnson]

Judge rejects Trump request to hold Jack Smith in contempt in election interference case
Earlier this month, attorneys for Trump asked U.S. District Judge Tanya Chutkan to hold Smith in contempt for filing motions ahead of deadlines.

The judge overseeing the federal election interference case against former President Donald Trump has rejected his request to hold special counsel Jack Smith and his office in contempt.

Earlier this month, attorneys for Trump asked U.S. District Judge Tanya Chutkan to hold Smith in contempt for filing motions while the case is stayed pending Trump’s appeal on presidential immunity grounds.

Chutkan, however, said in her opinion and order Thursday that she agrees with Trump that Smith’s filings place a "cognizable" burden on him, and that although it was "not a major burden" for Trump's team to have to review Smith's filings, and that she would now forbid the special counsel from making substantive pretrial motions without permission going forward.

Chutkan has ordered that both parties be required to seek her permission before filing additional pre-trial motions while the stay order remains in effect.

https://www.nbcnews.com/politics/justice-department/judge-trump-election-interference-case-declines-hold-special-counsel-j-rcna134536

This might have been the dumbest lawsuit Trump ever filled, even topping those against Clinton and CNN a year or two ago by demanding 500 million dollars.

[2016]

I don't know. But here is what Weissman thinks, pulling from several comments he's given about this. Keep in mind this decision will either have to stand the test of time as it may be referred to many similar cases in the future, or it will be reviewed by SCOTUS. Either case they want it to be bullet proof. Moreover, while all 3 judges think his argument is BS, it seemed from the orals arguments they have different rationales in getting there, and they may be trying very hard to get a single unanimous decision which makes it less likely SCOTUS will want to take the case.

That does make sense then that the Panel is taking their time

However it would be nice to have a Ruling on this before the SCOTUS hears Oral Arguments on the Colorado Ballot Case.

[emailking]

Yes if it's not tonight then next week or they're really putting March 5 in Jeopardy, even if they release the stay.

[wbrocks67]

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

[Pres Mike]

With the Georgia case on hold (the August court date was already unrealistic) and Cannon likely to postpone the Florida trial until after the election, it looks like only the Jan 6 trial has a chance of happening
https://www.politico.com/news/magazine/2024/01/22/trump-jan-6-trial-polls-00136688

[S019]

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

[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.

[Landslide Lyndon]

From what I read the biggest fear now is that judge Henderson is dragging his feet in regards to the DC Circuit immunity decision in order to delay the trial for after the election.
And that when the case reaches SCOTUS conservative justices will do the same.

[Frodo]

From what I read the biggest fear now is that judge Henderson is dragging his feet in regards to the DC Circuit immunity decision in order to delay the trial for after the election.
And that when the case reaches SCOTUS conservative justices will do the same.

So combined with the collusion on the other cases Trump is facing, if he loses in November he will have enough time to plan his getaway out of the country before he is convicted and sentenced in absentia.    

[emailking]

Trump’s DC Judge Signals Delay Likely in Jan. 6 Trial by Scheduling a Different Case for April
With progress toward trial in the Washington, DC election-subversion case against former President Donald Trump on pause, the judge overseeing the case has added a different trial to her spring calendar

The federal judge presiding over the Washington, D.C. election-subversion case against Donald Trump has scheduled a different case for trial in her courtroom this spring, signaling potential delays in the trial of the former president.

U.S. District Judge Tanya Chutkan on Wednesday entered an order scheduling the trial of alleged Jan. 6, 2021, Capitol attack participant Anthony Mastanduno to begin on April, 2, 2024. Mastanduno has pleaded not guilty to all charges.

Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial is scheduled to begin on March 4.

https://themessenger.com/politics/trump-chutkan-trial-date-jack-smith-washington-dc-election-case

[Landslide Lyndon]

Trump’s DC Judge Signals Delay Likely in Jan. 6 Trial by Scheduling a Different Case for April
With progress toward trial in the Washington, DC election-subversion case against former President Donald Trump on pause, the judge overseeing the case has added a different trial to her spring calendar

The federal judge presiding over the Washington, D.C. election-subversion case against Donald Trump has scheduled a different case for trial in her courtroom this spring, signaling potential delays in the trial of the former president.

U.S. District Judge Tanya Chutkan on Wednesday entered an order scheduling the trial of alleged Jan. 6, 2021, Capitol attack participant Anthony Mastanduno to begin on April, 2, 2024. Mastanduno has pleaded not guilty to all charges.

Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial is scheduled to begin on March 4.

https://themessenger.com/politics/trump-chutkan-trial-date-jack-smith-washington-dc-election-case

So that's it? Are Republican judges going to delay Trump's trials until after the election and nobody can do anything about it?

[emailking]

Trump’s DC Judge Signals Delay Likely in Jan. 6 Trial by Scheduling a Different Case for April
With progress toward trial in the Washington, DC election-subversion case against former President Donald Trump on pause, the judge overseeing the case has added a different trial to her spring calendar

The federal judge presiding over the Washington, D.C. election-subversion case against Donald Trump has scheduled a different case for trial in her courtroom this spring, signaling potential delays in the trial of the former president.

U.S. District Judge Tanya Chutkan on Wednesday entered an order scheduling the trial of alleged Jan. 6, 2021, Capitol attack participant Anthony Mastanduno to begin on April, 2, 2024. Mastanduno has pleaded not guilty to all charges.

Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial is scheduled to begin on March 4.

https://themessenger.com/politics/trump-chutkan-trial-date-jack-smith-washington-dc-election-case

So that's it? Are Republican judges going to delay Trump's trials until after the election and nobody can do anything about it?

No it will probably be in the May - June timeframe.

[riceowl]

Peter Navarro sentenced to 4 months for avoiding his J6 subpoena.