Tuesday Reads: Trump Indictment #4

Good Afternoon!!

As you know, the Georgia grand jury handed down multiple indictments of Trump and many of his cronies for a conspiracy to overturn the state’s 2020 presidential election. He has now been indicted 4 times for a total of 91 criminal charges. I tried to stay up until the bitter end last night, but I fell asleep before Fani Willis finally made her announcement.

David Kurtz at Talking Points Memo: Fani Willis Lowers The Boom On Donald Trump In Massive Indictment.

After a marathon session Monday, a Georgia grand jury returned a monster 41-felony-count, 97-page indictment against a total of 19 defendants, including former President Donald Trump; Trump White House Chief of Staff Mark Meadows; Trump lawyers Rudy Giuliani, Sidney Powell, John Eastman, Kenneth Chesebro, and Jenna Ellis; and Trump DOJ official Jeff Clark.

It was a strange day of uncertainty and expectation, with moment-by-moment reporting from the Fulton County courthouse. The duty judge would poke his head into the courtroom of waiting reporters to do check-ins. Grand jury witnesses scheduled to testify today made public that they had been called in a day early and offered regular updates as to where they stood in the line of witnesses paraded before the grand jury. The presentation of the indictment to the duty judge was televised live. Reporters were taking photographs from the inside of the clerk of court’s office as they waited an agonizing couple of hours for the paperwork to be processed and the indictment made public.

The day was punctuated by what appeared to be the accidental posting then quick takedown from the clerk’s website of a document seemingly related to the case that listed Trump as a defendant. That sparked an initial round of excitement and panic, then confusion. The clerk’s office later issued a statement calling the document “fictitious.” But it remained unclear exactly what had happened and why.

As the drama stretched deep into the evening, it became increasingly clear that District Attorney Fani Will was pushing to finish the indictment the same day. The duty judge kept the courtroom open late to accept the indictment, should it come. It finally did, just before 9 p.m. ET. The indictment became public just before 11 p.m. ET.

Read more of the basic facts at the TPM link.

From Aaron Rupar’s Public Notice, Lisa Needham breaks down the charges: Trump’s Fulton County indictment, unpacked.

The latest Trump indictment is out, and it’s a blockbuster. Let’s start with the numbers, shall we? A grand jury in Fulton County, Georgia, returned an indictment that has:

  • 19 defendants, including the former president of the United States and 6 lawyers in his orbit
  • 41 criminal counts across all defendants
  • 13 criminal counts against the former president himself
  • 8 types of manners and methods used to further a criminal enterprise
  • 161 overt acts of racketeering activity

Many of the defendants are already familiar. Rudy Guiliani, John Eastman, Jeffrey Clark, and Sidney Powell are all attorneys who are likely some of the unindicted co-conspirators in the federal January 6 case. Others are people whose names have surfaced repeatedly during the various 2020 election investigations, such as Trump’s former chief of staff Mark Meadows, former Trump attorney Jenna Ellis, and attorney Ken Chesebro, who wrote the first memo suggesting the fake elector scheme. Others, like fake electors Shawn Still and David Shafer, aren’t household names….

If you’ve ever watched a mob movie set after 1970, when the law was first passed, you’ve probably heard of the federal RICO Act. It was designed to charge people for acting in concert with one another in furtherance of a criminal act. This was a big breakthrough because in sprawling criminal enterprises, people at the top — gang leaders, mob capos, etc. — could insulate themselves from criminal liability by having other people do their dirty work. But the advent of RICO meant that if you helped mastermind the heist but didn’t do the burglary, for example, you could still be held liable. The law isn’t just used against the Mafia but has also formed the basis for prosecuting people who run Ponzi schemes and gangs, among other things….

According to the indictment, Trump and his co-defendants used at least eight methods to try to undermine the election: (1) Making false statements to members of state legislatures, including Florida, Arizona, Michigan, Pennsylvania, and Georgia; (2) Making false statements to high-ranking state officials in Georgia, such as the secretary of state and the governor; (3) creating a slate of fake electoral voters; (4) harassing and intimidating a Fulton County election worker; (5) soliciting high-ranking members of the United States Department of Justice to make false statements to government officials in Georgia; (6) soliciting Mike Pence to reject electoral college votes properly cast by Georgia’s electors; (7) unlawfully accessing voter equipment and voter data; and (8) making false statements and committing perjury to cover up the conspiracy.

The first public act in furtherance of the conspiracy started the day after the election when Trump gave a speech falsely declaring victory. Trump had discussed a draft speech to that effect three days before the election, in which he planned to declare victory and claim voter fraud. In other words, Trump was already prepared to attempt to overturn the election before election night even happened.

Read the rest at Public Notice. It’s a very good summary of the case.

For a quick summary of the various kinds of charges in the indictment, check out this uncharacteristically short post by Marcy Wheeler at Emptywheel: The Various Kinds of Georgia Crimes in the RICO indictment.

I was very happy to see that Mark Meadows was among the Trump allies who were indicted. Insider: Mark Meadows, Trump’s former White House chief of staff, will face his first post-2020 election-related indictment in Georgia.

Mark Meadows, a Freedom Caucus conservative who rose to become Donald Trump’s final chief of staff, will face a criminal indictment in Georgia alongside former president.

Fulton County District Attorney Fanni Willis unveiled her sprawling indictment late Monday evening, ending Meadows’ run thus far of successfully ducking some of the legal serious legal liability that others in Trump’s orbit have faced stemming from their actions that took place during the waning weeks of his presidency.

It means Meadows may soon join HR Haldeman, Nixon’s self-dubbed “son of a bitch,” in infamy among those who held one of the most powerful posts in the federal government, Chief of Staff. Haldeman, of course, faced prison time over his role in trying to cover up the Watergate break-in.

According to the indictment, Meadows, like each one of his fellow co-defendants, is facing a violation of Georgia’s RICO law. He is also facing an additional count related to his participation in Trump’s January 2, 2021 call with George Secretary of State Brad Raffensperger during which Trump pressured Raffensperger to “find” enough votes so he could win.

Meadows’ other conduct is mentioned throughout the indictment. In particular, Willis zeroed in on Meadows’ efforts to reach state lawmakers in Pennsylvania. Willis later told reporters that the grand jury believed conduct outside of her jurisdiction helped furthered the conspiracy she alleged.

Meadows was not one of the unindicted co-conspirators in special counsel Jack Smith’s indictment related to conduct after the election, leading to speculation that the former chief of staff could be assisting the federal investigation.

Of course, Trump can’t keep his big mouth shut. He announced on Truth Social that he has proof of election fraud in Georgia which he will announce next Monday.

It’s not clear why he didn’t reveal this information before he was indicted.

One more article on Trump’s obvious first delay tactic in the Georgia case:

Kyle Cheney at Politico: An early test for Georgia prosecutors: Trump’s likely bid to take the case to federal court.

One of the first big battles in the new racketeering case against Donald Trump is likely imminent: Should the former president face a jury in state or federal court?

Although the charges were filed in state court in Fulton County, Ga., Trump is sure to attempt to “remove” the case to federal court, where he would potentially have a friendlier jury pool and the chance of drawing a judge whom he appointed to the bench.

To try to get the case into federal court, Trump is expected to argue that much of the conduct he’s been charged with was undertaken in his capacity as an officer of the federal government, because he was still president during the critical period when he and his allies attempted to subvert the 2020 election results. A federal law, known as a “removal statute,” generally allows any “officer of the United States” who is prosecuted or sued in state court to transfer the case to federal court if the case stems from the officer’s governmental duties.

Trump has already attempted to make this move in New York, where he’s facing state charges for falsifying business records to cover up an affair with a porn star. A federal judge there rejected the effort and directed the case back to state court, noting that the charges there didn’t really implicate Trump’s powers as president.

“There is an ‘outer perimeter’ to a President’s authority and responsibilities beyond which he engages in private conduct,” U.S. District Judge Alvin Hellerstein ruled, sending the case back to New York state court. Trump is appealing the ruling.

But Georgia could be different: Most of the charges Trump is facing — sweeping allegations of using his office to corrupt the 2020 election — involve his presidential authorities and his efforts to manipulate the federal processes he was charged with overseeing. That makes removal a more viable option in Georgia than New York.

The judge in the case has even less experience than Aileen Cannon.

Those are the basics on the Georgia indictments. We will learn much more in the days ahead.


Monday Reads: May the 4th (Indictment) be with you!

John (repeat1968) Buss, @repeat1968
Panic in MAGAville as Fani is swinging for the fences. #FaniWillis #IndictmentWatch #GeorgiaOnMyMind #FoldingChair

Good Morning, Sky Dancers!

There’s some exciting news out from Congressman Jamie Raskin.  Finally, after all the grifting, emoluments violations, and stealing items from the White House, Congressional Democrats will be releasing a report on how much money has gone missing since the Trump Family Crime Syndicate infested the White House.  I’m still waiting for answers for Jerad and that 2 billion dollar deal with the Saudis.

This is from The New York Daily News.  “As GOP attacks Bidens, Rep. Jamie Raskin promises report on ‘foreign government emoluments’ to Trump.”  This is reported by Shant Shahrigian.

Amid GOP howls over the Hunter Biden case, lawmakers are scrutinizing former President Donald Trump’s business dealings during his time in office, Rep. Jamie Raskin said Sunday.

The Maryland Democrat promised a new report on cash that foreign governments gave to Trump businesses, though he did not go into detail.

“We’re going to release a report about all of the foreign government emoluments — millions of dollars — we can document that Donald Trump pocketed at the hotels, at the golf courses [and] business deals when he was president and that his family got,” Raskin told ABC’s “This Week.”

The comment came amid a series of questions to Raskin about GOP and federal probes of Hunter Biden. Republicans in Congress have been investigating whether the troubled son inappropriately benefited from his powerful father, among other accusations that remain unproven.

Raskin said his Republican counterparts should look closer to home.

“During the Trump administration, we saw the development of a completely new public philosophy, which is that government is not an instrument of the common good in the public interest,” he said.

While a frequent news subject during the Trump years, the former president’s business dealings with foreign governments drew no legal consequences. In 2021, the Supreme Court ended lawsuits accusing the president of taking illegal payments, saying they were irrelevant since he was out of office.

But Raskin accused Republicans including Rep. James Comer of Kentucky of having a double standard by probing the Bidens while ignoring Trump and his family.

I’m eagerly awaiting this report.  Meanwhile, the Fulton County, Georgia Grand Jury will meet this week and will likely return Trump’s 4th indictment. This is from The Independent. “At least two witnesses have been called to testify, signalling that a vote to indict could be imminent.”

Former Republican Lt Governor Geoff Duncan said he has been requested to appear on Tuesday, 15 August.

“I did just receive notification to appear on Tuesday morning at the Fulton County grand jury and I certainly will be there to do my part in recounting the facts,” he told CNN. “I have no expectations as to the questions, and I’ll certainly answer whatever questions are put in front of me.”

Journalist George Chidi also has announced that he is preparing to testify on Tuesday.

The case is the culmination of a wide-ranging investigation over the last two years following the former president’s pressure campaign targeting state officials to reject the results of the 2020 presidential election in the state.

Ms Willis opened an investigation shortly after news of Mr Trump’s call to Georgia’s Secretary of State Brad Raffensperger, the state’s top elections official, who was pressed to find “11,870 votes” – just enough needed for then-President Trump to beat Joe Biden in the state.

A special grand jury previously heard testimony from 75 witnesses, including aides and former attorneys to Mr Trump. That jury concluded its report in January with recommendations for state prosecutors to bring charges that will soon be reviewed by the newly impaneled grand jury.

The investigation is among several facing the former president, who was separately charged with three criminal conspiracies and obstruction in a federal case stemming from the US Department of Justice special counsel probe into his attempts to subvert the election outcome.

Trump continues to attack Judge Chutkan.   I hope she fines him, jails him, or gags him.  I’m getting tired of all the news being about this bellicose, belligerent old man.  This is from Politico. “Trump jabs at judge in election case, testing warning against ‘inflammatory’ statements. Overnight, Trump called Chutkan ‘biased and unfair’ for comments during 2022 sentencing of Jan. 6 defendant.”  This is reported by Kyle Cheney.

Donald Trump slammed the judge presiding over his newest criminal case early Monday, testing her three-day-old warning that he refrain from “inflammatory” attacks against those involved in his case.

In a Truth Social post just before 1 a.m., Trump assailed U.S. District Court Judge Tanya Chutkan as “highly partisan” and “very biased and unfair,” citing as evidence a statement she made during the sentencing of a woman who participated in the mob that breached the Capitol on Jan. 6, 2021.

“She obviously wants me behind bars,” Trump wrote.

Trump was alluding to Chutkan’s remark during the October 2022 sentencing of Christine Priola of Ohio. Chutkan admonished Priola, before sentencing her to 15 months in jail, about the Jan. 6 mob’s threat to the peaceful transfer of power.

“I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats that they were wearing, and the garb,” Chutkan said. “And the people who mobbed that Capitol were there in fealty, in loyalty to one man, not to the Constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this county and not to the principles of democracy. It’s blind loyalty to one person who, by the way, remains free to this day.”

Chutkan’s sentiments have been common among judges who have sentenced Jan. 6 rioters. Several have expressed discomfort over punishing rioters — who had been deluged with lies about the election by Trump and steered to the Capitol with a warning that their country was being stolen and their livelihoods were in danger — while those who misled them have faced no consequences. But Chutkan is the first of those judges to end up with Trump as a defendant in her court, charged by special counsel Jack Smith with seeking to subvert the 2020 election with lies and a plan to violate the constitution.

We haven’t had this much bullshit in courts since they brought down the Mafia. Speaking of crazy old men, RFK Jr. makes Bernie look like a kind beacon of light.  I can’t imagine how much he embarrasses his family, who are constantly releasing statements that state that he doesn’t represent any of them or the family trust. This is from Politico. “RFK Jr. backs 15-week federal ban on abortion, then reverses himself. “Today, Mr. Kennedy misunderstood a question,” his campaign said.”  Yeah, right, there was interference in the tinfoil hat. He definitely doesn’t understand the gestation cycle.

Democratic presidential candidate Robert F. Kennedy Jr. on Sunday said he would support a federal ban on abortion after the first three months of pregnancy, but his campaign later said he “misunderstood” the question.

Speaking to NBC from the Iowa State Fair, Kennedy said, “I believe a decision to abort a child should be up to the women during the first three months of life,” but added: “Once a child is viable, outside the womb, I think then the state has an interest in protecting the child.”

He said he would sign a federal ban on abortion after 15 weeks or 21 weeks of pregnancy if he were elected president.

A longtime advocate of what he calls “medical freedom,” Kennedy has been in the public eye in recent years largely for discussions about public health issues, in particular his stated doubts about mandates for vaccinations and some conspiracy theories about Covid-19, including widely condemned suggestions that the virus could have been engineered to spare Ashkenazi Jews and Chinese people. (Kennedy used the phrase “medical freedom” in his exchange with Vitali.)

In June in a town hall in New Hampshire, he called himself “pro-choice” and spoke in favor of legal abortion.

“I’m not going be in a position, put myself in a position, where I am going to tell a woman to bring a child to term,” he said at the time.

I actually saw the wife of a friend in an RFK campaign shirt.  Wow, was she taking big hits in the comments section.  It’s nice to see the Bernie Bros go after some one else for a change besides a woman candidate.

AND speaking of that … save the date!  It’s tonight!

 

So, that’s about it for me today.  We’re breaking a record for the third week in a row of at least 4 days over 100 back-to-back.  The entire city of New Orleans is crazy from the heat.  I’m just still just hanging out in the bathtub.

What’s on your reading and blogging list today?

 


Lazy Caturday Reads: The Heat Is On

Happy Caturday!!

Sadly, I’m unable to post cat art today because WordPress has made it very difficult to resize images to manageable dimensions. Dakinikat seems to have figured out how to do it, but I’m still confused. I’m hoping I’ll be able to master the technique or learn to use one of WordPress’s other god-awful methods of posting. Today I’m reposting Tweets from Lorenzo the Cat.

(Dakinikat note:  testing the images thing, so there are a few popping up here now.)

 

We haven’t talked much about the awful wildfires in Hawaii. Here’s the latest news.

Washington Post Live Updates: Maui death toll reaches 80 amid questions over emergency response.

The death toll from the Hawaii wildfires has risen to 80, Maui county officials said in an update late Friday, as firefighters continued work to contain fires on the island. Government officials are launching a review of the state’s emergency response, as residents criticized relief efforts as insufficient and records indicated that emergency sirens weren’t activated at the state or county level during the wildfires, though alerts were sent to cellphones and broadcast networks.

Here’s what to know

  • Hawaii Attorney General Anne Lopez (D) said her department would begin a “comprehensive review of critical decision-making and standing policies leading up to, during, and after the wildfires.” Gov. Josh Green (D) told CNN that officials would investigate why sirens reportedly failed to warn residents in Maui, adding that the telecommunications lines that those sirens relied upon were “destroyed very rapidly” by the fast-moving flames.
  • The scale of the damage is becoming clearer, with an assessment from the Pacific Disaster Center estimating that more than 2,207 structures were damaged, and that the vast majority of buildings exposed to the fire were residential.
  • Authorities on Maui say more than 1,400 people are in emergency shelters, and urged residents to text rather than call as cell service resumes in affected areas, to ensure limited resources are shared.
  • Local officials also advised residents to exclusively drink bottled water, saying that local water systems could contain harmful contaminants. Structures in the Upper Kula and Lahaina water systems were destroyed by the fire, which may have caused benzene — a carcinogen — to enter the water system, they said.
  • The Lahaina fire that has surged through Hawaii is already one of the deadliest in U.S. history, and officials warn the toll is likely to rise. It is the second-deadliest fire in the last 100 years, after the 2018 Camp Fire in Northern California that killed 85 people and consumed the town of Paradise.

Read more recent updates at the WaPo.

Pre-Raphaelite Cats, Susan Herbert

From The New York Times, an opinion piece by writer and editor Lawrence Downes, who grew up in Hawaii: After the Shock and Grief, Hawaii Will Reinvent Itself Again.

The disaster that erased the beloved West Maui town of Lahaina this week comes with the bitter taste of bewilderment. Brush fires met high winds whipped by a far-off hurricane, and overnight a historic town was gone, a pile of smoke and ashes. A lush watercolor landscape is redrawn in gray and black. At least 55 people are dead, and many more are missing.

A hurricane just burned down a town. It’s all so weird and horrifying.

Living in Hawaii long enough gives you a familiarity with sudden catastrophes, the kind that can obliterate a community in a week, a day or an instant. To live in my home state or to love it from a distance is to know the continual threat of hurricanes, tsunamis, earthquakes and volcanoes.

But a lethal wildfire? That was new for Hawaii. And everything is changed.

We may not get a definitive verdict on whether Lahaina died for humanity’s environmental sins, but we know that climate change is making Hawaii hotter and drier and that invasive grasses have been allowed to run rampant. Drought on Maui turned the grass into ready fuel and heightened the risk of wildfires, and then a hurricane brushed by.

The planetary crisis is hardly Hawaii’s fault, but like other island areas in our rising oceans, it is unusually imperiled, and it has to do something. And when wildfires swept over Maui and the Big Island, it was a brutal reminder that Hawaii needs to be a serious climate leader, to nurture and spread the environmental consciousness that too many other states lack.

Hawaii will surely find ways to lower the risk of wildfires and get better at fighting them. Lahaina will rebuild, and residents will return. But climate resiliency is a far bigger challenge than adding fire trucks and subduing invasive grasses. It’s an expensive mess of problems across the state.

Will the communities on Oahu’s North Shore be able to retreat from the rising ocean before they are washed away? How will flower and fruit growers on Maui and the Big Island cope with extended drought? What happens if or when the coral reefs die, the native trees and forest birds are gone, weather patterns shift and the cooling trade winds disappear?

All good questions, and we all must “do something.” Climate change is happening. We can see it all around us.

JJ passed along this article about the extreme heat affecting so many people this year. 

TechTimes: How Much Heat Can Your Body Take? Scientists Reveal the Maximum Limit.

According to AFP, new research shows the limit, known as the “wet bulb temperature,” representing the maximum combination of heat and humidity before sweat no longer evaporates from the skin, leading to heatstroke, organ failure, and death. 

While this threshold occurs at around 35 degrees Celsius (95 Fahrenheit), recent research suggests it could be even lower.

Colin Raymond from NASA‘s Jet Propulsion Laboratory said the wet bulb limit of human survival has been breached only around a dozen times, primarily in South Asia and the Persian Gulf.

Although none of these occurrences extended beyond two hours, they effectively averted widespread mortality events associated with this critical threshold.

Nonetheless, specialists stress that fatalities resulting from intense heat are feasible even at less severe levels. Factors such as age, health, and socio-economic circumstances play a role in determining an individual’s susceptibility. 

In Europe last summer, for instance, more than 61,000 fatalities were linked to heat, even in regions where the perilous wet bulb temperature range is seldom attained.

Scientists warn that dangerous wet bulb events will become more frequent as global temperatures continue to rise. The frequency of such events has doubled over the last four decades, driven by human-caused climate change

According to Raymond’s research, wet bulb temperatures exceeding 35 degrees Celsius could become common worldwide if global temperatures rise by 2.5 degrees Celsius above pre-industrial levels.

To test the wet bulb limit, researchers at Pennsylvania State University evaluated young, healthy participants in a heat chamber. They found that the “critical environmental limit,” where the body can’t prevent further core temperature increase, was reached at 30.6 degrees Celsius wet bulb temperature, lower than previously theorized.

Read the rest at TechTimes.

In other news, here’s a shocking small-town example of the assault on the First Amendment that is happening in red states.

Kansas Reflector: Police stage ‘chilling’ raid on Marion County newspaper, seizing computers, records and cellphones.

MARION — In an unprecedented raid Friday, local law enforcement seized computers, cellphones and reporting materials from the Marion County Record office, the newspaper’s reporters, and the publisher’s home.

Eric Meyer, owner and publisher of the newspaper, said police were motivated by a confidential source who leaked sensitive documents to the newspaper, and the message was clear: “Mind your own business or we’re going to step on you.”

The city’s entire five-officer police force and two sheriff’s deputies took “everything we have,” Meyer said, and it wasn’t clear how the newspaper staff would take the weekly publication to press Tuesday night.

The raid followed news stories about a restaurant owner who kicked reporters out of a meeting last week with U.S. Rep. Jake LaTurner, and revelations about the restaurant owner’s lack of a driver’s license and conviction for drunken driving.

Meyer said he had never heard of police raiding a newspaper office during his 20 years at the Milwaukee Journal or 26 years teaching journalism at the University of Illinois.

“It’s going to have a chilling effect on us even tackling issues,” Meyer said, as well as “a chilling effect on people giving us information.”

The search warrant, signed by Marion County District Court Magistrate Judge Laura Viar, appears to violate federal law that provides protections against searching and seizing materials from journalists. The law requires law enforcement to subpoena materials instead. Viar didn’t respond to a request to comment for this story or explain why she would authorize a potentially illegal raid.

A bit more:

Emily Bradbury, executive director of the Kansas Press Association, said the police raid is unprecedented in Kansas.

“An attack on a newspaper office through an illegal search is not just an infringement on the rights of journalists but an assault on the very foundation of democracy and the public’s right to know,” Bradbury said. “This cannot be allowed to stand.”

Meyer reported last week that Marion restaurant owner Kari Newell had kicked newspaper staff out of a public forum with LaTurner, whose staff was apologetic. Newell responded to Meyer’s reporting with hostile comments on her personal Facebook page.

A confidential source contacted the newspaper, Meyer said, and provided evidence that Newell had been convicted of drunken driving and continued to use her vehicle without a driver’s license. The criminal record could jeopardize her efforts to obtain a liquor license for her catering business.

A reporter with the Marion Record used a state website to verify the information provided by the source. But Meyer suspected the source was relaying information from Newell’s husband, who had filed for divorce. Meyer decided not to publish a story about the information, and he alerted police to the situation.

“We thought we were being set up,” Meyer said.

Police notified Newell, who then complained at a city council meeting that the newspaper had illegally obtained and disseminated sensitive documents, which isn’t true. Her public comments prompted the newspaper to set the record straight in a story published Thursday.

Sometime before 11 a.m. Friday, officers showed up simultaneously at Meyer’s home and the newspaper office. They presented a search warrant that alleges identity theft and unlawful use of a computer.

The paper didn’t even publish the information, but a magistrate judge approved a search warrant! This is the kind of behavior by law enforcement that Trump would promote if he gets back into a position of power.

Speaking of Trump, here are some reports on the hearing yesterday in the January 6 case.

CNN: Judge Chutkan says Trump’s right to free speech in January 6 case is ‘not absolute.’

US District Judge Tanya Chutkan set the tone for how she would preside over the election subversion against Donald Trump in a hearing Friday focused on what limits would be placed on how the former president can handle the evidence prosecutors will be turning over to him.

Chutkan kicked off the hearing – the first in the case before her and one that took place in her courtroom at DC federal court house – noting that while Trump’s rights as a criminal defendant would be protected, his First Amendment right to free speech was “not absolute.”

“In a criminal case such as this one, the defendant’s free speech is subject to the rules,” she said.

The judge closed the hearing with a promise that the case would advance like any normal proceeding in the criminal justice system, but warned that the more “inflammatory” statements were made by a party, the quicker she would need to move toward a trial to preserve a fair jury.

“It is a bedrock principle of the judicial process in this country,” she said, while quoting precedent, “that legal trials are not like elections, to be won through the use of the meeting hall, the radio and the newspaper.”

“This case is no exception,” she said.

Kyle Cheney at Politico: Judge warns Trump: ‘Inflammatory’ statements about election case could speed trial.

U.S. District Judge Tanya Chutkan warned Donald Trump and his attorney Friday that repeated “inflammatory” statements about his latest criminal prosecution would force her to speed his trial on charges related to his bid to subvert the 2020 election.

“I caution you and your client to take special care in your public statements about this case,” Chutkan told Trump lawyer John Lauro during a hearing. “I will take whatever measures are necessary to safeguard the integrity of these proceedings.”

Chutkan’s stark admonition came at the conclusion of her first courtroom session in the newest criminal case against the former president. The aim of the hearing was for special counsel Jack Smith’s prosecutors and Trump’s attorneys to hash out disputes about the handling of evidence in the case. Once Chutkan enters a so-called “protective order” governing evidence, prosecutors say they’re prepared to share millions of pages of documents with Trump’s team, jumpstarting the case and setting it on a path to trial.

But Chutkan, aware of the national spotlight on her oversight of the explosive case, repeatedly emphasized that she intended to keep politics out of the courtroom and treat Trump like any other criminal defendant. That included potential consequences if he makes statements that could be construed as harassing or threatening witnesses.

“The fact that he’s running a political campaign has to yield to the orderly administration of justice,” Chutkan said. “If that means he can’t say exactly what he wants to say about witnesses in this case, that’s how it has to be.”

“Even arguably ambiguous statements from parties or their counsel, if they can be reasonably interpreted to intimidate witnesses or to prejudice potential jurors, can threaten the process,” Chutkan added later. “The more a party makes inflammatory statements about this case which could taint the jury pool … the greater the urgency will be that we proceed to trial quickly.”

Judge Chutkan has obviously grokked that a speedy trial would be Trump’s worst nightmare.

Glenn Thrush and Alan Feuer at The New York Times: Judge Limits Trump’s Ability to Share Jan. 6 Evidence.

The federal judge overseeing former President Donald J. Trump’s prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses — and warned Mr. Trump she would take necessary “measures” to keep him from intimidating witnesses or tainting potential jurors.

The caution from the judge, Tanya S. Chutkan, came during a 90-minute hearing in Federal District Court in Washington to discuss the scope of a protective order over the discovery evidence in Mr. Trump’s case, a typically routine step in criminal matters. Later Friday, Judge Chutkan imposed the order but agreed to a modification requested by the Trump legal team that it apply only to “sensitive” materials and not all evidence turned over to the defense.

She concluded the hearing with a blunt warning to Mr. Trump, and an unmistakable reference to a recent social media post in which he warned, “If you go after me, I’m coming after you!” — a statement his spokesman later said was aimed at political opponents and not at people involved in the case.

“I do want to issue a general word of caution — I intend to ensure the orderly administration of justice in this case as I would in any other case, and even arguably ambiguous statements by the parties or their counsel,” she said, could be considered an attempt to “intimidate witnesses or prejudice potential jurors,” triggering the court to take action.

“I caution you and your client to take special care in your public statements in this case,” she added. “I will take whatever measures are necessary to protect the integrity of these proceedings.”

Have a great weekend, everyone!!

 


Friday Reads: Breaking News!

Good Afternoon!!

Breaking News: Attorney General Merrick Garland has appointed a special counsel to oversee the Hunter Biden investigation. 

Associated Press: Attorney General Garland appoints a special counsel in the Hunter Biden probe.

Attorney General Merrick Garland announced Friday he is appointing a special counsel in the Hunter Biden probe, deepening the investigation of the president’s son ahead of the 2024 election.

Garland said he is naming David Weiss, the U.S. attorney in Delaware who has been probing the financial and business dealings of the president’s son, as the special counsel.

Garland said on Tuesday that Weiss told him that “in his judgment, his investigation has reached a stage at which he should continue his work as a Special Counsel, and he asked to be appointed.”

“Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded it is in the public interest to appoint him as special counsel,” Garland said.

The move is a momentous development from the typically cautious Garland and comes amid a pair of sweeping Justice Department probes into Donald Trump, the former president, and President Joe Biden’s chief rival in next year’s election. It comes as House Republicans are mounting their own investigation into Hunter Biden’s business dealings.

Jim Jordan must be celebrating.

Also Breaking News: The hearing with Judge Tanya Chutkan on the prosecution’s request for a protective order in January 6 case has just wrapped up. Chutkan made it pretty clear that Trump had better not intimidate witnesses or pollute the jury pool, or he will be in big trouble. She alsBo told the defense to stop talking about politics. This is a criminal case, and she will not allow the politics to interfere with her decisions. Trump must follow the conditions he was given at his arraignment. If that causes him to have to keep his big fat mouth shut in some instances, that’s just too bad (my words). If you want a good, detailed thread on the hearing, I recommend this one by Brandi Buchman:

Read it on Twitter. And here is Buchman’s story at Law and Crime: Trump lawyers, special counsel square off in court on limits for pretrial evidence in Jan. 6 indictment.

A report from CNN: Judge Chutkan says Trump’s right to free speech in January 6 case is ‘not absolute.’

US District Judge Tanya Chutkan said that she plans to put serious limits over how sensitive evidence is handled in the Donald Trump 2020 election interference case, in a dramatic hearing Friday in Washington, DC, that could set the tone for the upcoming trial.

The former president has a right to free speech, but that right is “not absolute,” Chutkan said. “Mr. Trump, like every American, has a First Amendment right to free speech, but that right is not absolute. In a criminal case such as this one, the defendant’s free speech is subject to the rules.” [….]

Whether or not Trump’s public statements are covered by the protective order that’s issued, she said, if they result in the intimidation of a witness or the obstruction of justice, “I will be scrutinizing them very carefully.”

Trump’s lawyer John Lauro said: “President Trump will scrupulously abide by his conditions of release.”

Chutkan adopted restrictions proposed by prosecutors that would bar Trump from publicly disclosing information from interview transcripts and recordings from the investigation, including from witness interviews with investigators that took place outside of the grand jury….

Chutkan and Lauro had several pointed exchanges about what the 2024 presidential contender should be allowed to say about the evidence that is turned over to him in the case.

“No one disagrees that any speech that intimidates a witness would be prohibited, what we are talking about is fair use of information,” Lauro said at one point, putting forward a hypothetical that Trump is publicly remarking on something from his personal memory that is also evidence in the case.

“The fact that he is running a political campaign currently has to yield to the administration of justice,” the judge said. “And if that means he can’t say exactly what he wants to say in a political speech, that is just how it’s going to have to be.”

Lauro put forward a hypothetical of Trump making a statement while debating his former Vice President Mike Pence – who is also running for the White House now and is a key witness in the criminal case – that overlapped with what’s in discovery.

The judge wasn’t sold.

“He is a criminal defendant. He is going to have constraints the same as any defendant. This case is going to proceed in a normal order,” Chutkan said.

From The Daily Beast: Jack Smith Wants Trump Convicted by Super Tuesday.

Special Counsel Jack Smith’s office wants to put former President Donald Trump on trial for his attempted coup in January next year—a move that, if approved by a judge, could brand him a felon before the biggest GOP presidential primaries.

In a filing on Thursday, the special counsel’s office proposed a trial date of January 2, 2024, which they say would take “no longer than four to six weeks.”

Should U.S. Magistrate Judge Moxila A. Upadhyaya approve that date, Trump’s trial could be done and dusted before the GOP’s primaries in South Carolina and Michigan, with plenty of time before the delegate-rich slate of Super Tuesday states in March.

Trump already faces two other separate criminal trials in March and May in New York and Florida, respectively. However, those trials have been delayed enough that Trump still managed to snag key elections before risking the embarrassing reality of being convicted of felonies while asking voters to make him the Republican nominee.

Prosecutors working on these different cases all wanted earlier dates, but judges gave into Trump’s demands for more time. While his lawyers cited the sheer amount of overwhelming work required to sort through millions of pages of evidence, the former president has used political rallies and online posts to accuse prosecutors of trying to derail his re-election campaign. In the end, judges gave Trump a little extra time.

Also at The Daily Beast, Jose Pagliery has a story on Judge “loose” Cannon and another big mistake: Inside One ‘Egregious’ Mistake From Trump’s Florida Judge Aileen Cannon.

U.S. District Judge Aileen Cannon, whose pro-Trump bias and head-turning errors have raised questions about whether she should be overseeing former President Donald Trump’s criminal trial in Florida, made what appears to be another surprising mistake last year.

Now, a defense lawyer is seizing on her misstep to try freeing his client from prison—even though he was caught on tape violently throwing a courtroom chair at a prosecutor and threatening to kill him.

The blunder was simple and entirely avoidable. The federal judge told jurors they could find the man, Christopher Wilkins, “guilty or not guilty.” But then she handed jurors a verdict form that didn’t even have those options.

“How far does somebody have to go to school to say that a verdict form is supposed to say guilty and not guilty?” asked defense lawyer Jeffrey Garland. “That would be one of the more egregious versions of jury instruction error… it’s such a rare error.”

Garland formally filed an appeal on Thursday and hopes to overturn a case that’s as black-and-white as they come—on a technicality.

“This is the judge’s deal. This is nobody else’s deal. I’m gonna tell ya, I’ve done a lot of appeals, and I’ve got a pretty good winning record. This is a great issue,” he said. “For a guy who’s on tape throwing a chair in court, it’s pretty ‘not good’ behavior. It would have been simple. You have a trial, properly instruct a jury, give them a form, and the jury’s gonna do what the jury’s gonna do.”

Cannon’s short and controversial history on the bench is under a microscope, given that she is presiding over such an historic criminal trial: that of a former president facing prison time for mishandling classified records at Mar-a-Lago and lying to the feds in a coverup. Trump himself appointed her in his final months in office, yet she has not recused herself from the case.

Read more at The Daily Beast.

Trump allies face potential charges in Georgia over voting machine breaches.

The Fulton county district attorney investigating Donald Trump’s efforts to overturn the 2020 election results in Georgia has evidence to charge multiple allies of the former president involved in breaching voting machines in the state, according to two people briefed on the matter.

The potential charges at issue are computer trespass felonies, the people said, though the final list of defendants and whether they will be brought as part of a racketeering case when prosecutors are expected to present evidence to the grand jury next week remain unclear.

To bring a racketeering case under Georgia state law, prosecutors need to show the existence of an “enterprise” predicated on at least two “qualifying” crimes, of which computer trespass is one. The Guardian has reported that prosecutors believe they have sufficient evidence for a racketeering case.

The statute itself prohibits the intentional use of a computer or computer network without authorization in order to remove data, either temporarily or permanently. It also prohibits interrupting or interfering with the use of a computer, as well as altering or damaging a computer.

Prosecutors have taken a special interest in the breach of voting machines in Coffee county, Georgia, by Trump allies because of the brazen nature of the operation and the possibility that Trump was aware that his allies intended to covertly gain access to the machines.

In a series of particularly notable incidents, forensics experts hired by Trump allies copied data from virtually every part of the voting system, which is used statewide in Georgia, before uploading them to a password-protected website that could be accessed by 2020 election deniers.

Read the rest at the link above.

I’m going to end there. This post is mostly breaking news. I’ll update in the comments if I hear more about these stories. 


Trumpy Thursday Reads: Misogynistic Trump Attacks

Good Day, Sky Dancers!

As usual, Trump steals the headlines.  He’s good at this.  As every toddler learns, not all attention is good attention.   It’s also some of his worst schticks.  He loves to attack strong women.  He’s especially insecure about strong, brainy black women in powerful positions. I loved Mike Luckovich’s cartoon featured today. It’s easy to find the ongoing attack on these especially talented women.

This is from the Atlantic-Journal Constitution. “‘Derogatory and false’: Fulton DA denies rumors circulated by Trump. Fani Willis expected to seek indictment against Trump in week ahead.” He generally uses the worst, misogynistic stereotypes that his little brain can grasp.

Fulton County District Attorney Fani Willis on Wednesday flatly denied that she had a relationship with a former client and other rumors spread by former President Donald Trump in a new campaign ad.

In an email to her colleagues, obtained by The Atlanta Journal-Constitution, Willis called the information in a television spot bankrolled by the Trump campaign “derogatory and false.” She urged her staff not to respond to any of the allegations.

“You may not comment in any way on the ad or any of the negativity that may be expressed against me, your colleagues, this office in the coming days, weeks or months,” Willis wrote in the email, sent early Wednesday. “We have no personal feelings against those we investigate or prosecute and we should not express any.”

In the minute-long ad, titled “The Fraud Squad,” the narrator refers to Willis as “Biden’s newest lackey.” It says that Willis presided over a sharp rise of violent crimes in Atlanta and highlights her office being disqualified from investigating Lt. Gov. Burt Jones in her long-running election interference case due to a political conflict of interest.

But the most incendiary allegation is that Willis “got caught hiding a relationship with a gang member she was prosecuting.” It cites as evidence a Jan. 25, 2023, article in Rolling Stone.

The Atlanta-area D.A. is expected to “seek more than a dozen indictments” according to CNN.  This certainly leads to the question of how many will gladly turn on Trump.

Fulton County District Attorney Fani Willis is expected to seek more than a dozen indictments when she presents her case regarding efforts by Donald Trump and his allies to overturn the 2020 presidential election results in Georgia before a grand jury next week, sources familiar with the matter told CNN.

Willis, a Democrat, has been eyeing conspiracy and racketeering charges, which would allow her to bring a case against multiple defendants. Her wide-ranging criminal probe focuses on efforts to pressure election officials, the plot to put forward fake electors and a voting systems breach in rural Coffee County, Georgia.

Trump acolytes who took part in each of those schemes believe they will face charges in Georgia next week, people familiar with their thinking said. Trump also believes he will be charged in the case, CNN has reported.

Willis’ office declined to comment.

The witnesses Willis has subpoenaed when she presents her case include former Republican Lt. Gov. Geoff Duncan, former Georgia Democratic state Sen. Jen Jordan and independent journalist George Chidi. All of them previously testified before a special purpose grand jury that was tasked with investigating the Trump case and heard from more than 75 witnesses.

Willis launched her investigation into Trump in early 2021, soon after he called Georgia Secretary of State Brad Raffensperger and pressured the Republican to “find” the votes necessary for Trump to win the state.

At a campaign event Tuesday, Trump continued to insist it was a “perfect phone call.”

Willis has been reportedly weighing racketeering charges in the Trump case. RICO is a statute the district attorney has spoken fondly of and used in unorthodox ways to bring charges against teachers as well as musicians in the Atlanta area.

Trump returns to Congresswoman Nancy Pelosi for his latest move in the Small Penis Energy category.  This is from The Hill as reported by Mychael Schnell. “Pelosi reemerges as top Trump adversary.” 

Rep. Nancy Pelosi is off the bench as former President Trump’s top adversary on Capitol Hill.

After stepping down as Speaker last year, Pelosi (D-Calif.) has flown largely under the radar in the Democratic caucus, allowing a crop of new leaders to take control of the group she steered for two decades.

But the California Democrat — now with the title of “Speaker Emerita” — resumed her role of top Trump antagonist following his latest indictment, landing blows on the former president, praising the charges, and showcasing her unique ability to get under the skin of the man with whom she went toe-to-toe during the four years he occupied the White House.

The bitter dynamics between the two leaders were on full display as Trump was indicted on charges stemming from his efforts to overturn the 2020 election ahead of the Jan. 6, 2021, Capitol rampage — a day for which Pelosi has said she would “never forgive” Trump.

“I wasn’t in the courtroom, of course, but when I saw his coming out of his car and this or that, I saw a scared puppy,” Pelosi on Friday told MSNBC’s Andrea Mitchell of Trump arriving at his arraignment. “He looked very, very, very concerned about the fate.”

“I didn’t see any bravado or confidence or anything like that,” she continued. “He knows the truth — that he lost the election and now he’s got to face the music.”

Trump responded to the remarks on Tuesday, tearing into Pelosi — “She is a Wicked Witch” — while referencing last year’s violent attack on her husband, Paul Pelosi. An assailant looking for the then-Speaker entered the couple’s San Francisco residence and hit Paul Pelosi in the head with a hammer, leaving him with serious injuries.

Trump at the time called the attack “a terrible thing” without remarking further.

Trump continues to hold a grudge against the U.S. Women’s World Cup Soccer Team.  He especially hates the athletic and erudite Megan Rapinoe. This is also from The Hill as reported by Sarah Fortinsky. “Trump knocks ‘woke’ US women’s soccer team after World Cup departure.”

Former President Trump knocked the “woke” U.S. women’s soccer team after its loss in the round of 16 of the Women’s World Cup over the weekend.

“The ‘shocking and totally unexpected’ loss by the U.S. Women’s Soccer Team to Sweden is fully emblematic of what is happening to the our once great Nation under Crooked Joe Biden,” Trump wrote in a post on Truth Social on Sunday evening.

“Many of our players were openly hostile to America – No other country behaved in such a manner, or even close. WOKE EQUALS FAILURE. Nice shot Megan, the USA is going to Hell!!! MAGA,” Trump continued, taking aim at 38-year-old midfielder Megan Rapinoe.

It is almost like Trump is begging to be thrown into custody.  This is from The Rolling Stone. “Trump Promises to Violate Protective Order. The former president once again attacked Judge Chutkan, who is set to rule on a protective order requested by the Justice Department later this week.”  Of course, his side thrill was to attack Judge Chutkan.  This is reported by Nikki McCann Ramirez.

DONALD TRUMP PROMISED on Tuesday that even if Judge Tanya Chutkan grants the Justice Department a protective order preventing him from “publicly targeting individuals” related to his 2020 election meddling case — he’s gonna to keep talkin’ shit.

While speaking at a campaign event in New Hampshire, the former president told the crowd that prosecutors were attempting to take away his First Amendment rights through the protective order.

“Crooked Joe now wants the thug prosecutor, this deranged guy, to file a court order taking away my First Amendment rights so that I can’t speak…I will talk about it. I will. They’re not taking away my First Amendment right.”

At his arraignment on Thursday, the former president affirmed his understanding that — as explained by Magistrate Judge Moxila A. Upadhyaya — “it is a crime to try to influence a juror or to threaten or attempt to bribe a witness or any other person who may have information about your case, or to retaliate against anyone for providing information about your case to the prosecution, or to otherwise obstruct the administration of justice.”

And here’s the result of his verbal threats as reported by NBC News today. “Security bolstered for judge overseeing Trump election case. The increase in security around U.S. District Court Judge Tanya Chutkan comes as the former president has been criticizing her on social media.

Security has been increased around the federal judge overseeing the criminal case alleging Donald Trump used “unlawful means” in an effort to stay in power after he lost the 2020 presidential election.

U.S. District Court Judge Tanya Chutkan was seen by NBC News Thursday walking into the cafeteria inside Washington’s E. Barrett Prettyman courthouse for a cup of coffee while accompanied by U.S. Marshals. Some of the marshals then accompanied her back to her chambers.

Judges typically do not receive such escorts when moving around the courthouse and Chutkan was observed as recently as last week walking around the building without security.

The heightened security for the judge was first reported by CNN.

The change comes after the former president complained about the judge on his social media platform, Truth Social, this past week.

“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,” he wrote in all caps in one of the posts on Sunday.

His legal team has yet to file a motion asking the judge to recuse herself. Trump has pleaded not guilty in the case and maintains the charges are part of a political “witch hunt” aimed at derailing his 2024 presidential run.

How many people does Orange Caligula need to threaten and how many of his droogs have to be caught in plots to follow through for someone to do something?  Here’s the latest incident as reported by the AP. “Utah man suspected of threatening President Joe Biden shot and killed as FBI served warrant.”

PROVO, Utah (AP) — An armed Utah man accused of making violent threats against President Joe Biden was shot and killed by FBI agents hours before the president landed in the state Wednesday, authorities said.

Special agents were trying to serve a warrant on the home of Craig Deleeuw Robertson in Provo, south of Salt Lake City, when the shooting happened at 6:15 a.m., the FBI said in a statement.

Robertson was armed at the time of the shooting, according to two law enforcement sources who spoke to The Associated Press on the condition of anonymity to discuss details of an ongoing investigation.

Robertson posted online Monday that he had heard Biden was coming to Utah and he was planning to dig out a camouflage suit and begin “cleaning the dust off the M24 sniper rifle,” a post that came after months of graphic online threats against several public figures, according to court documents. Robertson referred to himself as a “MAGA Trumper,” a reference to former President Donald Trump’s “Make America Great Again” slogan, and also posted threats against top law enforcement officials overseeing court cases against Trump.

Neighbors described Robertson as a frail, elderly man — his online profile put his age as 74 — who walked with the aid of a hand-carved stick. Though he regularly carried guns, they said he didn’t seem a threat.

I really can’t wait to be rid of this all.  Just lock him the fuck up already!

What’s on your reading and blogging list today?

I’m in a Ramones sorta mood.

I hear the bells of freedom chimin’And inside my heart, I feel I’m dyin’Wise guys never compromiseThen they lose their rights and they act surprisedJail really cuts ya down to size
Let the punishment fit the crimeThe footprints on the sand of timeThe philosophy of the poet’s rhymeMakes a man humble in his prime