DJT indicted on four counts related to January 6

Some really whacky stuff was disclosed by Chesebro recently. Here's a small cache of Cheese emails with various Trump lawyers (Giuliani, Eastman, and various local litigators) and the Trump campaign (Justin Clark, Ephsteyn, Morgan).

Mostly they are trying to coordinate all the fake elector certificates in the swing states (WI, AZ, NV, GA, etc.) and also filing of what some of them even seem to admit are meritless Cert Petitions with the Supreme Court. It's a lot of work trying overturn an election! Emails and texts flying all over the place (leading one to question how the presidential election was rigged without a single email or text coming to light).

But the really funny emails that stuck out to me were in the "2020-12-24 -- 1137 - further Justin Clark comments on WI email chain.pdf." You should check them out, Magoo. The Trump Campaign is basically telling all the lawyers involved in filing the bogus Cert Petitions with the SCOTUS that the Trump Campaign budget for this bullsh!t is limited and actually hasn't even been approved at all, so there's a good chance these lawyers won't get paid. BUT, Justin Clark tells them, "If you guys win this thing there will be plenty of money to go around." WTF? That sentence alone deserves a Special Counsel federal investigation. What on earth could the Trump Campaign have been referring to?

Anyway, it was all for naught. I think all these lawyers ended up getting stiffed and working for Trump pro bono. Poor Cheeseman seems to have done so joyfully right up until he got indicted in Georgia. I wonder if Trump has ever reached out to Chesebro to even say "Sorry, about all this. We still appreciate your efforts. Hang in there!" Nah. Trump is probably "Cheese? Never heard of him."

As someone else here posted in another thread. "I've done many dumb things in my life, but never as dumb as helping a billionaire pay his bills."

^^ While on the topic of Trump-related lawyers -- Tacopina Joe has been speaking out against Cheetolini recently. And his Throbbing Temple Vein of Doom seems to have receded. Clearly ditching Donnie has been good for his stress level. Probably good for his social life too.

Speak of the devil. What a nutter. WTF is she even trying to do? She's actually canceling an unnecessary hearing previously scheduled over a year into the case about the adequacy of the search warrant on Mar-Log.

She has no business fvcking around with this Special Counsel stuff. Deny the motion and let the 11th Circuit or SCOTUS deal with it some day, IF they want to.

Lock him up!

Hasn't the Trump side already tried to litigate the validity and funding of special counsels with the Mueller investigation?

She is taking every single batsh!t motion of the Trump team as valid and using it to kick the can down the road another few months for each.

"lets have a hearing on it. In a few weeks. Then we can go back and forth on that hearing. And not decide anything, This is so, so complicated! And I am so, so busy! Too busy. You slow your horses Jack Smith or I will sanction you!

The speedy Trial clock/calender hasn't even started yet! It is insane.

Seeing a lot of commentary on the appealable issues - most of it uniformed and stupid, as anyone who actually reads the case documents would suspect - but some of it is legit. One legit appealable issue is jury unanimity. It's being mischaracterized by many that the judge told the jury they did not have to be unanimous in their verdict. That is obviously not true.

The jury instructions were that the jury did not have to be unanimous about the "unlawful means" by which Trump committed the "other crime" (violation of NY election law 17-152) -- and the prosecution limited itself (which I believe it did not have to do) to 3 "unlawful means" - violation of FECA, falsification of other business records, or tax violations. A jury instruction that unanimity was not required as to which one (or two or all three of them) was consistent with NY law. At the instruction charge conference (May 21 - page 4403 of transcript), Bove admitted that was indeed New York law, but wanted Judge Merchan to change the instruction to require unanimity because this was "an extraordinarily important case."

My understanding is this lack of unanimity issue often comes up in mafia/organized crime cases, where prosecutors allege a criminal conspiracy to further a criminal enterprise (RICO) and then assert a dozen crimes committed in furtherance. Each juror need only find one to conclude its a criminal enterprise, and they don't have to agree with other jurors which one it was (but they probably do). It seems to also come up in murder cases where it's unclear which of two defendants actually pulled the trigger - the jury does not have to find unanimously who the trigger puller was, only that he was involved in a conspiracy to murder with someone else. In the Schad case, the Supreme Court said this jury instruction practice was not inherently un-Constitutional.

So Trump's appeal would have to be arguing for a change in New York law, which is always an uphill battle.

Here is portion from the transcript:

THE COURT : Do you agree, that's not ordinarily required?

MR . BOVE : Certainly.

*****

THE COURT : I think I understand what you're saying, what you mean when you're saying it's an important case. What you're asking me to do is change the law, and I'm not going to do that.

The weirdness continues down in the Florida Bathroom case. The fact that Judge Cannon is even holding a hearing on the Constitutionality of the Special Counsel is weird enough -- WTF do you need a hearing for? -- but she has not only let amici "argue" in the hearing, and from the reports I'm reading, she's conducting this more like a Congressional hearing into the pros and cons of having a Special Counsel, rather than a hearing legal arguments on a very simple issue. She's asking the prosecutors about budgets, workflow, internal communications, oversight. As if any of that is going to decide the simple legal question. Does she even know what her job is?

With more fun to come this afternoon. Let's see what she does with a motion for a simple gag order on Trump that he can't say publicly that Biden sent the FBI to Mar-Bang to kill him. She'll pretend she's being presented with the country's first ever motion for a gag order. "Counsel, was President Biden trying to kill defendant Trump? Because that's a concern if he was."

We foolishly ask whether she simply is in the bag for the guy that gave her the lifetime appointment that she was, at best, marginally qualified for, or is she completely incompetent at that job.

We need to accept that those things are not mutually exclusive. She is in miles over her head AND is doing everything to buy time for Trump.

A fair wager is that eventually there is an appeal made to have her removed and it will be granted. But until then, it's a farce.

Her incompetence is staggering. Today’s hearings crystallized why this case is going backwards fast instead of forward. She is a damn judge but she refuses to make decisive rulings! She is focusing on things that waste time and have nothing to do with what she needs to rule on.

I understand that it is unheard of for Judges to leak out about their advice that a judge give up the case. So that NY times story about two judges telling her it would be best to give the case to another judge reveals their thoughts of how insanely incompetent she is.

She has like 11 hours of criminal trial experience!

An appeal which likely won't come until after the election. Thus, if Trump wins he's safe. If Biden wins it's possible if not probable that Trump may see some time in the pokey unless he's pardoned.

I am actually curious as to the odds that Biden would pardon Trump. I mean, he absolutely should be in prison, but I wonder if there's some political advantage to pardoning him.

I think commuting the sentence, as President Trump did for Roger Stone, would be more likely. That way he would still be a convicted felon.

...Which, among other things, means he'd be barred from entering some dozens of countries.

Many of us have wondered why Trump doomed himself by not simply handing over the classified documents multiple times he was asked. Why all the coverup? Why all the obstruction? Maybe we have a partial answer:

"Donald Trump privately expressed concerns that turning over potentially classified docs in his possession after a May 2022 subpoena could result in criminal charges, according to transcripts of Evan Corcoran’s audio notes reviewed by ABC News"

These are the notes that Cannon is considering disallowing at Trial.

Link to article:

abcnews.go.com

Trump expressed concern that returning classified docs after subpoena could result in criminal charges, according to sealed notes

ABC News

Donald Trump expressed concern that turning over classified documents after a May 2022 subpoena could result in criminal charges, according to notes reviewed by ABC News.

Link:abcnews.go.com/US/trump-expressed-conc...

Really damaging information if this is admitted, but whether this is inadmissible under attorney client privilege hinges on whether Corcoran and/or Little understood that Trump was taking actions to actively conceal documents (with Nauta) or whether they have sufficient plausible deniability of that knowledge to convince Judge Cannon.

The quote from Little, "there's no way he's going to agree to anything and that, that he was going to deny that there were any more boxes at all", suggests they suspected Trump would hide stuff, but plausibly doesn't reach the threshold of knowing that he was doing so.

Here is the prosecution's response to Trump's motion to dismiss the entire case because some documents in the 77 seized boxes are allegedly out of the "order" that Trump allegedly had them in. Trump's lawyers (and a few idiots here) made a huge deal of this a few months ago, but the hysteria died out fast because it's such an absurd factual argument by Trump. This brief is such a wallop that it can't be summarized for impact. All of it just nails Trump. Even Cannon has to be influenced by this.

The Introduction alone is worth the price of admission.

The motion also explains a few case mysteries, including how that little douche Nauta ended up with photos of CLASSIFIED documents on his phone (he was photographing the fvcking mess to show others in the Trump compound how difficult it is shuffling documents around Mar-Log).

The brief also does a great job of highlighting the ever increasing list of inconsistent arguments that Trump and his lawyers have made -- he claims in this motion that he didn't know the classified documents were in the boxes, while arguing elsewhere that he knowingly (but silently) declassified them all. (And arguing in even other places that the evidence SHOWING he KNEW the classified documents were in the boxes and were NOT declassified should be suppressed).

Mainly, the brief is just an interesting recitation of how complicated and careful the execution of the search warrant and the subsequent document review handling was (further complicated by that idiotic Cannon order to turn everything over to a Special Master for his review). And it's hilarious that after all this sh!t, talk by Trump's lawyers that to this day they have not even inspected the boxes! It's almost like they know the case is on a slow track and they don't have to do any real work for a long time (if ever). . . .

The attorney privileged/work product documents and testimony in question were previously the subject of an Order by Chief Judge Beryl Howell during the grand jury proceedings. Judge Howell was Chief Judge of the US District Court for the District of Columbia and thus very experienced with privilege matters in cases like this. She found, in a very detailed opinion, that most (but not all) of the privileged documents and testimony the prosecution had subpoenaed were discoverable under the crime fraud exception.

None of that will mean anything to Cannon, whose instinct seems to be that every issue that comes before her is a complicated issue of first impression and everyone else is just wrong.

We shall see what she does. The evidence is damning on Trump - his own attorneys basically said he is guilty as sh!t. But the attorney-client privilege is huge in American law, and it is difficult to find that it has been waived. So if Cannon is inclined to suppress evidence, she'll have plenty of authority to do so. But I believe I read somewhere in this brief below that the 11th Circuit that Cannon is in has a lower standard than other circuits for finding privilege waiver on crime fraud exception -- in the 11th Circuit, the privileged communications do not have to be shown to be in furtherance of a crime, only that Trump was trying to get the attorneys involved in the crime. I think. Either way, it is a tough call for any judge, and Cannon will probably be leaning heavily for Trump here.

More photos from Mar-A-Mag. And Trump is complaining the FBI got things out of order? Jesus Christ, can't this guy at least hire some competent housekeepers to maintain Top Secret documents?

Cannon is doing an excellent job...All the moaning and knashing of teeth is coming from left wingers who are wetting their panties because they know Trump will be our next President...And that's one night I will be watching CNN with popcorn in hand.

Hi, jamin!