I loved the tweet from SilverMercury and wanted to savor it with a post title.
We certainly live in interesting times. The hearing about the Protective Order starts this morning at 10 am Eastern time. I know Judge Chutkan set Aug 28 for announcing the trial date, but I wonder if there will be any reference today to the trial date proposed by Jack Smith?
I love days when a woman of color and great power gets to decide the fate of an old racist impotent orange man.
— SilverMercury (@LabelleMercure) August 11, 2023
There is also speculation about CIPA by Marcy Wheeler and others, related to the Jan 6 / Coup Case, but I don’t really understand the references. Does anyone know what that’s about?
I also never expected (fake) Jack Smith to be sweet. Here’s a screen capture so you can read the whole thing without clicking.
I confess to wondering what exactly he is referring to when he said “gift”. I also wonder how any of us are able to get any work done when there is so much going on!
Open thread.
WaterGirl
I have to run to the bank for a minute, and I imagine that by the time I get back, we will know more than we do now!
planetjanet
@WaterGirl: The gift was his reply to his own post: white folding chairs
WaterGirl
@planetjanet: I saw that image, but I didn’t understand it. What’s the significance of white folding chairs?
MomDoc
@WaterGirl: I suspect it’s in reference to the Montgomery Riverboat Brawl where one participant grabbed a white folding chair and started smashing people with it.
planetjanet
@WaterGirl: It is a meme from the Montgomery, AL boardwalk brawl. One person used a white folding chair.
Dangerman
WTF is CIPA?
Take pity on me. Decaf. Enough said.
But, seriously, shit’s starting to fly fast (Jack Smith) and furious (you know who) and it’s getting hard to keep up.
WereBear
This is much better than the Watergate hearings. That series ended badly for justice.
But then, even I will admit Nixon was not all bad. And heaven help us all, Trump IS.
eclare
@planetjanet:
Perfect! WaterGirl, from the Montgomery racist throw down, also great post title.
eclare
@Dangerman:
It has something to do with how national security secrets are treated in court.
planetjanet
@Dangerman: Classified Information Procedures Act.
https://www.justice.gov/archives/jm/criminal-resource-manual-2054-synopsis-classified-information-procedures-act-cipa
EthylEster
https://wapo.st/3DT4Poo
Jennifer Rubin chimes in.
LAO
For those of you still on twitter, this reporter is live tweeting
https://twitter.com/brandi_buchman/status/1690000335891251200?s=46&t=X9PV5VKSwOZNT_u34CCUFQ
rikyrah
They really should have cameras in the courtroom
eclare
@LAO:
Thanks! I also wanted to chime in with best wishes for your mom.
Villago Delenda Est
Maggie Haberhack, the Vichy Times expert on the PAB, says that his strategy here is to use his cultists as a shield. Given that they are stupid enough to be manipulated by him, it seems like a pretty sure thing.
trollhattan
Stephen Miller is coming for the people who make your corn flakes.
Weird time, or the weirdest time?
LAO
@eclare: thank you.
And wow Brandi Buchman is a straight up stenographer. She’s doing a great job.
Mai Naem mobileI
@MomDoc: there’s a funny meme where somebody’s photoshopped Jack Smith holding a folding chair(in place of his folder.)
NotMax
@trollhattan
Aspirational cereal killer.
//
rikyrah
@LAO:
Positive wishes for your mother🙏🏾
LAO
@rikyrah: thank you.
trollhattan
@NotMax:
How many missing pets in Steven Miller’s childhood neighborhood?
Asking for a friend.
TS
@LAO:
Thank you – and it seems the good Judge is definitely looking at both sides – not only fair but seen to be fair.
AnneWith
@WaterGirl:
Wonkette has your back:
https://www.wonkette.com/p/heres-why-everyones-suddenly-talking
Ken
Why limit it to his childhood neighborhood?
LAO
@TS: I’m so impressed with Judge Chutkan. (Not surprised at all but really, really impressed).
Chief Oshkosh
@trollhattan: Now that is a dude that needs to have a serious accident in the middle of a cornfield.
Chief Oshkosh
@EthylEster: Meh. Rubin has no particular expertise on those issues. I’ll stick with the people who actually get stuff done, like Fani.
LAO
I really wish this hearing was televised.
TS
@LAO:
Regardless as to what she does – trump will be talking about it on the campaign trail.
WereBear
@trollhattan: Well, in Georgian England people wore their underwear on the outside and had orgies in the woods on private estates. They so embarrassed their descendants they turned into Victorians.
That was probably another whopper of an arc to deal with.
WaterGirl
@EthylEster: I usually agree with Jennifer Rubin these days but on this I do not.
Her case is not going to be the case that (hopefully) gives the first conviction.
I think it’s a good thing to have some “lean and mean” cases the can proceed quickly, and also one that will round up a bunch of his top-level minions. I think that is an important part of ensuring that something like this doesn’t happen again.
LAO
@TS: yeah. I’m sure he’s posting about on truth social right now.
WereBear
@trollhattan: The irony is, Kellogg’s is a financial arm of the 7th Day Adventist Church. This should be interesting.
Mr. Bemused Senior
Perhaps they will go after Proctor & Gamble, the well known Satanists, next.
WereBear
@Mai Naem mobileI: I also like the “I have come here to chew bubblegum and indict…”
WaterGirl
@LAO: Wait, I thought that the two Trump’s attorneys who “wanted to be at his hearing” weren’t both available on Wed, Thurs, or Friday, respectively.
Now, amazingly, they are both able to be present. It’s a miracle! I definitely can’t be that they were trying to delay.
JPL
GottaLaff@Mastodon is posting about the hearing.
TS
@LAO:
Is this what the government wanted?
JPL
@LAO:
Via Ryan Reilly:
A shame there are no cameras in the courtroom because some of the side eyes that Judge Chutkan has given defendant Trump’s lawyer would make very good GIFs.
LAO
@WaterGirl: actually, it appears the Judge wasn’t available, at least according to her opening remarks.
im following a reporter that I posted above, she’s a straight up court stenographer.
WereBear
@JPL: THis works better
https://mastodon.social/@GottaLaff
Chief Oshkosh
@WaterGirl: I agree. If anything, it reminds those fuck-ups that, even if Mango Mussolini could pardon them of federal convictions, they likely won’t be pardoned of a state conviction. Plus, I don’t think GA state penitentiaries are that nice. I’m mean, they’re no Angola, but…
LAO
@JPL: hahaha
Ken
JUDGE CHUTKAN: A brief word on briefing schedule, under local rules, a party can oppose a motion within 14 days of date of service or when court directs. Under rule 47d, the default deadline is 7 days after service of memo in opposition. Rules state in DC, the binding precedent is that the burden of showing good cause is on parties seeking the order; safety of witnesses and others are weighed; danger of perjury or witness intimidation, protection of info vital to natsec also weighed.
JUDGE CANNON: Wait, I’m supposed to swear in the jury at a trial?
(First quotes are verbatim from the Brandi Buchmann nitter livestream linked above; second quote is made up but based on a real incident. And Chutkan doesn’t just shine by contrast.)
Mr. Bemused Senior
@JPL: we can hope for a good sketch artist.
Ken
@LAO: Yes, very good reporting.
And I’m pleased to see this:
Lauro: We can’t ignore he’s in the middle of political campaign.
Chutkan: I reiterate: the existence of a political campaign is not going to have any bearing on my decision, any more than any other lawyer coming before me saying their client needs to do their job
LAO
The defendant is going to straight up lose his shit after this hearing.
WaterGirl
@AnneWith: Thank you so much!
zhena gogolia
@Ken: Good for her! It’s so ridiculous, like any criminal could decide to run for office and have this delay his trial indefinitely.
catclub
@WereBear:
I think one aspect Trump was not as bad as expected: stupid usage of nuclear and other weapons.
Jim, Foolish Literalist
Be a shame if the floating fat globules in his arteries all hit at once. A darned shame.
eclare
So is that it? Did gov’t win?
Jackie
“Trump lawyer Lauro: “We can’t ignore the fact that there is a campaign” Judge Chutkan: “The existence of a political campaign is not going to have any bearing on my decision…I intend to keep politics out of this”. He has mentioned the campaign several times. Judge not amused.” 🤭
https://twitter.com/AndrewFeinberg/status/1690008114962051072
Mr. Bemused Senior
@Ken: if Lauro keeps this up he’s going to get into trouble himself.
Baud
@Jackie:
If we didn’t have a hack deficit, someone would point out that the Republicans broke any norm about criminal actions that interfere with campaigns when they cheered the investigation into EMAILS!
Jackie
@Mr. Bemused Senior: Lauro’s caught between a rock and a hard place; ie Chutkan and TIFG. Damned either way.
Sure Lurkalot
@WaterGirl: I’m with you! Liz Cheney made the J6 hearings all about Trump, so much so she painted violent insurrectionists as hapless duped rubes.
There are thousands of people involved in the various schemes to block the peaceful transfer of power, they committed crimes and I’m going to posit that many of them knew what they were doing was not legal or at the very least, not right.
eclare
@Baud:
Excellent point.
Elizabelle
@Jim, Foolish Literalist: Actually, it would be a shame. He would escape justice.
I don’t joke about Trump dying. I want him to go down, with multiple convictions.
LAO
@Elizabelle: In all seriousness, they better have a dr present when the lawyers explain what happened at the hearing. High likelihood that the defendant may stroke out.
Jackie
From Political Wire:
“Federal judge Tanya Chutkan rejected Donald Trump’s request to designate witness transcripts and videos as non-sensitive, and thereby exclude them from the protective order.”
“Said Chutkan: “Disclosure of any of those materials creates too great a risk that witnesses may be intimidated.””
“She added that Trump’s defense is “conflating what your client needs to do to defend himself and what your client wants to do politically. Your client’s defense is supposed to happen in this courtroom, not on the internet.””
eclare
@Elizabelle:
Yep. CEO of Enron escaped justice the same way.
catclub
@Baud: George Bush the lesser fired US attorneys who refused to go after Democratic politicians before the 2004 election.
Omnes Omnibus
@LAO: I was at the gym. It seems the hearing did not go well for the defendant?
LAO
Favorite line by government so far:
Windom: The defense has a certain level of trust in defendant that the government does not.
https://twitter.com/brandi_buchman/status/1690019414140211200?s=46&t=X9PV5VKSwOZNT_u34CCUFQ
LAO
@Omnes Omnibus: still going, not great for trump but Chutkin is very fair and evenhanded.
Elizabelle
@LAO: I have actually been worried about his stroking out.
We have too many people (looking at you, Liz Cheney) who want to pretend the problem is mostly Trump. That once he’s gone — all fresh again! It’s morning in America.
Trump is the figurehead. He did not actually “build” this system. He saw it was ripe for grifting and demagoguing.
There is a whole system that is corrupted and dangerous, and all the people who participated need to be prosecuted. Expose the rot.
catclub
@Jackie: “She added that Trump’s defense is “conflating what your client needs to do to defend himself and what your client wants to do politically. Your client’s defense is supposed to happen in this courtroom, not on the internet.””
Excellent.
Elizabelle
@eclare: Exactly what I was thinking of. And I think Ken Lay’s family got to keep all the ill gotten filthy lucre. (Maybe not. Jackals can correct me if wrong.)
LAO
@Elizabelle: co-sign
prostratedragon
Thomas Windom: “The defense has a certain level of trust in defendant that the government does not.”
I see LAO beat me to it.
LAO
@prostratedragon: It’s a very good line, worth repeating!
bbleh
@Dangerman: @eclare: haven’t followed the hearing yet, but CIPA is the Classified Information
ProtectionProcedures Act (I think I have that right) that was put in place to govern the use of classified information at a trial and balance the rights of the defendant to see and use any pertinent evidence versus the interests of the government in protecting secrets. So, eg, “you can see this secret info, but only at a SCIF, and we’re either gonna have to agree what you may discuss in open court and how or we’ll have the judge do it.” It’s a big thing in the stolen documents case, but from what I understand a very minor one in the J6 case.Mr. Bemused Senior
@Elizabelle: I have no direct knowledge but it seems to me Jeff Skilling was the worst bad actor, Ken Lay was mostly a figurehead. Just my opinion.
Dangerman
IANAL, but this seems destined for the Judge having to bring Trump in for warnings and, eventual, remand. He needs to be taught there are limits to his bullshit act.
prostratedragon
@LAO: Almost rotating tag worthy.
Elizabelle
@Mr. Bemused Senior: That is very possible. Jeffrey Skilling was the mastermind.
Lay still participated, and profited.
Enron had at least one suicide. I am not aware any of the Trumpsters have snuffed themselves.
catclub
@bbleh: Having watched Oppenheimer, This exclusion of lawyers who are not cleared is something people will understand.
Conversely, they will see that unlike Oppenheimer, Trump is getting a fair trial.
TS
Much talk about trump reviewing material on his own – and the process to ensure he does not copy or retain any such information – seems somewhat unnecessary as when did trump ever review anything other than a 1 page summary in 30 pt type
CaseyL
@Omnes Omnibus:
It’s still in progress: they’re going over the protective order paragraph by paragraph.
So far, the judge seems inclined to accept the government’s proposed limitations, with the big exception so far being that TFG can review documents alone, without people watching him. However, she has agreed that he will not be allowed to have any recording devices with him – no phone, for example. And that means someone – an attorney, a paralegal, someone – will have to be right outside the door and, uh, frisk him…?
To me, this sounds like she will NOT agree to establish a “secure” location within MAL, since controlling TFG’s actions there is a no-hope non-starter.
Elizabelle
@TS: I can see TIFG divulging, out of spite or for perceived benefit, even while he was so lackadaisical when his ass was parked in the Oval Office.
Defendant here deserves no confidence.
catclub
@bbleh:
Unless there were classified operational orders to Pence’s Secret Service Team.
Ken
@CaseyL: I will say, all this discussion of Trump sitting alone in a small room without any electronic devices has me feeling quite happy.
TS
@Elizabelle:
I agree – my comment was somewhat tongue in cheek because the only reason trump would be reviewing anything would probably be to find information for his campaign.
Jim, Foolish Literalist
@catclub: OTOH, I’m a firm believer in picking the right battles at the right time, on the other, it drives me crazy how little it’s discussed that so much of what trump and his ilk do is just a more bombastic continuation of what Rs were doing all through the Bush and Obama years, and how much Bush-era disasters, from Iraq to the financial crash, led to trump. Now he’s the goofy but harmless cousin who paints somewhere down in Texas, bless his heart.
prostratedragon
@Dangerman: “He needs to be taught there are limits to his bullshit act.”
O brave new world!
Migod, the man is 77 years old.
WaterGirl
@LAO: A thing of beauty, which is now a rotating tag.
trollhattan
@Jackie: She really does “get” him, and sees through his schtick with frickin’ lasers.
WaterGirl
@prostratedragon: Oops, I already made it a rotating tag.
Why “almost”?
eclare
@Mr. Bemused Senior:
Yeah, Lay’s defense was that he was only the CEO, how could he be expected to know what was going on at the company he runs? That does not fly with me, that is why CEO’s are supposedly paid so much.
TS
We surely haven’t seen much of what the prosecution has seen
LAO
@WaterGirl: 😂😂😬
WaterGirl
@catclub: That’s why everyone’s ears perked up with Jack Smith said he wanted to talk about a small thing that would involve CIPA in the Jan 6 Coup Case, when it wasn’t expected that anything in that case would involve CIPA.
Old School
…
Mr. Bemused Senior
@eclare: yes, and that defense didn’t fly. He was convicted although the Wikipedia tells me the convictions were vacated after his death.
I’m not excusing him. CEOs do bear responsibility for their underlings’ actions. He was guilty at minimum of ignoring a big problem.
Dangerman
An old dog can be taught new tricks; it just takes a bigger rolled up newspaper (or a night in jail).
prostratedragon
@WaterGirl: Oh, good! I just was unsure about things like 3rd party rules.
CaseyL
…and the hearing is now over.
Among the closing comments by the judge (via Kyle Cheney):
LAO
Well, that went well for the government.
Jackie
@trollhattan: She and NancySmash have that in common 😊
Judge Chutkan must have children! LOL
Juju
@Mai Naem mobileI: Jack Smith doesn’t look like a person who would actually need to use a folding chair in a brawl.
Baud
@CaseyL:
She sure put Jack Smith on notice.
Jim, Foolish Literalist
Has this guy been on Giligan’s Island for the last decade? that little radio didn’t pick up any news?
sdhays
Preach!
eclare
@Mr. Bemused Senior:
Sorry to be terse. I worked in the big corporate world for thirty years and have a very healthy dislike for CEO’s and their supposed superpowers.
And at the time I worked for an energy trading company that filed for bankruptcy not long after Enron.
LAO
@Jim, Foolish Literalist: The funny thing is, it’s not really a white collar crime — even though lawyers planned it. It’s a coup attempt, that had a violent component.
Baud
@Jim, Foolish Literalist:
@sdhays:
Seconded.
bbleh
@WereBear: that was really helpful; thank you
Mr. Bemused Senior
@eclare: no problem. I think we are in violent agreement.
Ken
That’s more than 30,000 emails, isn’t it?
Jackie
@CaseyL: And the prosecutors said AMEN!
The defense said 🤬
Ocotillo
Little help please, I am aware of what the “TFG” is but I see many posters also using “TIFG” also but am at a loss as to that abbreviation.
eclare
@Juju:
No he does not. He has done an Ironman triathalon.
Mr. Bemused Senior
@Ocotillo: many possibilities, but I think Indicted is the best. We can hope for it to become C.
zhena gogolia
@Ocotillo: The Indicted Former Guy.
I too wish we’d stick to tried-and-true acronyms.
sdhays
@eclare: I think it might be accurate, looking at CEOs like Elon Musk, who is apparently still pretending to plan a literal fight with Meta CEO Zuckerberg. Clearly, these shits don’t think they have anything better to do, and should be compensated accordingly.
Of course, it’s not an excuse at all. Being the CEO should make you responsible for things you should know about even if you were too lazy/incompetent/unprofessional to actually know.
Ken
@Ocotillo: I for Indicted. Also chosen in the hope it can be re-used for Imprisoned.
Ocotillo
Thanks to all!
Baud
I thought the “I” stood for incontinent.
eclare
@LAO:
Yeah I don’t recall accountants, CFO’s, etc. invading company headquarters and smearing poo-poo (to use Pelosi’s term) on the walls. Or beating police officers so viciously that they committed suicide.
Anoniminous
@Chief Oshkosh:
Let’s conduct an penology experiment: we’ve got a solid bedrock of research about the affects and effects of US imprisonment, so let’s throw all convicted Trumpie types in Angola prisons so we can do a controlled contrast/compare.
Mr. Bemused Senior
@LAO: yeah, calling this a “white collar crime” is despicable. OK, Trump is entitled to zealous representation but Lauro is a piece of work.
Jackie
@Jim, Foolish Literalist: Poor Lauro 😢🎻🎻🎻🤭
Scout211
Here’s how CBS News reported it, as mostly a win for Trump.
IANAL. So who decides what is “sensitive” and what is “non-sensitive”? Is that in the order today?
bbleh
@LAO: @Mr. Bemused Senior: my DEAR boy it shouldn’t even need to be SAID, but REPUBLICANS, and especially the BETTER sort, simply do not commit ANY kind of crime other than white-collar.
LAO
@Baud: All joking aside, this may be the most brilliant thing the judge said. I real thing of beauty.
LAO
Bruce K in ATH-GR
@Mr. Bemused Senior: I was just thinking: this is the sort of case that historically has ended with the assembly of a gibbet or a firing squad.
Baud
@bbleh:
May be a play for a nicer prison down the line.
Ken
15 Quatloos Lauro is fired by next Friday. He failed Trump, plus Trump will see this as a way to delay.
50 Quatloos Trump violates the terms of the protective order by 10PM eastern time tonight. I realize I will need to give odds on this.
LAO
@Scout211: That was largely what the fight was today. It seems inaccurate to say that Trump won today’s hearing because the Court largely accepted the government’s designation of what is sensitive.
ETA: government’s definition of sensitive is quite broad.
CaseyL
@Scout211:
I don’t think that’s accurate: I followed the hearing on Nitter, play by play, and it didn’t seem to me that the defense won very much.
I’m not sure they established a venue for where TGF can review documents without adult supervision, though. I don’t recall seeing any mention of that.
Jackie
TIFG has a tattletale on his Truth Social. He’s gonna be livid!
“The social media company owned by former President Donald Trump in March tipped off the FBI about threats made by a Utah man who was fatally shot Wednesday by FBI agents as they attempted to arrest him for threatening to kill President Joe Biden,” NBC Newsreports.
prostratedragon
@LAO: I think she started out seeming to challenge gov on sensitivity, and then let Lauro talk his way into her agreeing to something closer to gov’s proposal.
LAO
@CaseyL: there’s no limitation as to where he can review sensitive materials in the J6 case (except for a small portion of material that will be litigate on 8/28). He can’t disclose the sensitive materials to anyone not bound by the protective order. The material is not secret in the sense of the documents he stole in the Florida case.
LAO
@prostratedragon: 💯
Ken
@LAO: I hope this is not a shock, but sometimes the news media gets things wrong.
Or perhaps there’s a general agreement to try to keep Trump happy. You see that sometimes in abused families, I could see it carrying over to the Trump-media relationship.
Shalimar
@TS: I think there is zero chance Trump goes over any documents personally. But there is a chance that a lawyer tells him that X witness interview has something he can libelously use on page Y and Trump goes in and steals the damned thing.
LAO
@Ken: I don’t think there’s a conspiracy here, just a lack of understanding what the real issue was. Also, it doesn’t hurt the perception of the judge as evenhanded.
I find myself ok with it actually
prostratedragon
@CaseyL: There was some language of what’s to be allowed or not that sounded in many ways like a scif. Where such place could be, e.g. courthouse, home, counsel’s office, wasn’t addressed.
eclare
@LAO:
Good point regarding perception. Thanks for your analysis!
WaterGirl
@prostratedragon: I did put it in quotes.
Mr. Bemused Senior
@Ken: I don’t take sucker bets.
trollhattan
@Jackie: Somebody there has ethics? Off wit their heads!
smith
@LAO: That confused me, too. Wasn’t protection of witnesses against intimidation a major part of the government’s rationale for a broad protection order? I seems to me that having all the witness information protected goes a long way to meeting DOJ’s concerns. Also, it looks like the prosecution is the party that gets to identify what’s sensitive in the non-witness material. Am I missing something? Is it just that TFG won’t need a babysitter when he looks at the discovery materials that makes it a big “win” for him?
Ken
Hmm. The requirements are a small room, with no electronic equipment, where he’ll be searched before going in to make sure he’s got no phone or camera, and searched going out to make sure he’s not stuck some documents in his pocket or up his ass.
Does DC have any Federal prison facilities? Seems a good match, and good practice for Trump.
LAO
@smith: I don’t think you are missing anything. I’m going to rely on a smarter lawyer to explain how Trump won. Personally, i wouldn’t have walked out of the courtroom feeling like a winner.
Scout211
@LAO: @CaseyL: @Ken:
Agreed. CBS news tends to lean Right, and they are certainly not an outlier. That’s old news here.
However, I posted that article not because I saw it as accurate, but to highlight how the mainstream media will be reporting this.
VOR
@catclub: Emptywheel speculated CIPA was invoked because there might be classified reports from the NSA or CIA about their investigations into the claim by the Kraken lady that Italian servers were changing votes via satellite. If this sounds nonsensical, that’s because it was at the time too. But if someone in the intelligence agencies did investigate, then there would be a trip report or other form of debrief.
WaterGirl
@Jim, Foolish Literalist:
Would have gone with “Have you met your client?” But yours is better.
LOL on sentence one. Guffaw on sentence two!
JaySinWA
While I imagine the PO will be posted quickly, the judge did reference statements made previously, saying that since neither side made them an issue today she wouldn’t rule on them.
So the question I have is how much authority does she have outside of the PO before it is posted? I suppose since the defence doesn’t have any official disclosure documents yet, the PO isn’t relevant to statements made before disclosure. So the broader question is how do you deal with a problem like Donald, outside of protecting disclosed materials. Or even with a clear breach of the PO?
What practical (in this particular case) tools are there to deal with the inevitable bad faith by T, his legal team or is political team.
WaterGirl
@zhena gogolia: Count me in on that. I think it makes some people feel like there’s an “in crowd” on Bj, and they are not in it.
bbleh
@LAO: concur!
JaySinWA
@LAO: Not a lawyer, but from a lay perspective the push back on the prosecution to identify sensitive materials instead of all discovery seems to open some litigation delay doors to contest the labelling. Getting all the interviews seen as sensitive claws some of that back, but I see some fights ahead just on that topic.
A small win for T.
bbleh
@Ken: @Mr. Bemused Senior: The latter is so inevitable — it’s a reflex action — that I cannot imagine either the judge or the prosecution haven’t thought about it and about what they’ll do in response when (not if) he does it
JaySinWA
@Ken:
Will they hand over discovery today? They would have to have it in their hands and leak something pretty much immediately. Probably by Sunday morning gasbag time if the prosecution dumps it today, but 10PM today seems unlikely.
Ishiyama
I won’t. Because I lived through it. Nixon was a world-class mass murderer. Trump is just a chump.
Burnspbesq
@Dangerman:
Toward the end of the hearing, the judge made a pretty pointed reference to Trump’s release conditions
Anonymous At Work
From what I am reading all over and back, and IAAL but not a practicing one:
Judge Chutkan’s protective order in 5 parts:
1. Specific stuff that is usually protected gets protected.
2. General stuff that isn’t usually protected isn’t protected.
3. This is based on balancing the defendant’s right to speedy discovery and trial preparation against witness and evidentiary protections.
4. If TFG spends his time shit-posting on social media, he’s clearly DONE with discovery and trial prep, so I’ll set an earlier trial date.
5. As the judge, I’ll be closely monitoring the defendant’s pre-trial conduct.
So, TFG will get his crowd-sourced army of amateur attorneys, but he’ll be responsible for their and his conduct to his detriment.
Anonymous At Work
@Burnspbesq: Even more than just release. She also was warning him that shit-posting and abusive behavior about the pre-trial material would be indicative that he was done with trial prep and/or cause for an accelerated schedule.
Burnspbesq
@Scout211:
What will likely happen is that in its transmittals of discovery material, the Special Counsel will provide a list, by Bates number, of the things it considers sensitive. If the defense doesn’t like it, they can file a motion under seal asking the court to declare things non-sensitive.
Burnspbesq
@Ken:
The nearest federal pen is in Cumberland, MD, unless you count the Marine brig at Quantico. Don’t know if the Army or Air Force have anything suitable at Fort Myer or Joint Base Andrews.
Bupalos
That tweet is framed in terms of power, dominance, and ethnicity. Which is just a really bad place to go when we’re talking about a matter of presiding over the enforcement of the law. That kind of talk makes their ethnic panic seem less unhinged than it is.
And no, this doesn’t mean I think we cause their paranoia or something. They come by that through the honest hard work of being cowardly hatemongers. But you can’t go there.
piratedan
@Ken: they can put him in Florence (AZ) that way all of his fans have easy access to him.
Villago Delenda Est
@Ken: The MSM consistently gets it wrong when it comes to the PAB (Pussy-Ass-Bitch, coined by Chrissy Teigen, for those not familiar). I see this as a very even-handed ruling, and that Judge Chutkan is playing it straight with attention to integrity and detail. This of course is beyond the comprehension of the MSM, who see EVERYTHING as a fucking horse race, which is why the Perseids falling on every one of their HQs would be a just event.
Ken
This is pretty similar to what every legal observer said after Lauro went on every Sunday talk show and claimed that he just didn’t have time to respond to all the court and prosecution requests this week.
brantl
@WereBear: I lived through Tricky Dick, he was all bad , the stuff that looked goid was Potempkin village-marketing over the rancid interior.
Miss Bianca
@piratedan: If you’re talking about the Supermax, that Florence is in CO, not AZ.
Gravenstone
@trollhattan: First, you’re gonna have to prove to me that Stephen Miller has standing as a human being.
Gravenstone
Ya know, if your client were an actual sane, mature adult you likely wouldn’t have to worry whether they could adhere to instruction and thus not feel compelled to “babysit” them. Choose better next time?
Chris T.
@Dangerman:
Congenital Insensitivity to Pain with Anhydrosis (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3564101/). (Anhydrosis is “lack of sweating”; the condition is very rare and those with it don’t realize they have injuries, potentially serious and/or fatal ones.) Obviously the Fake Jack Smith is saying she should use her power to ignore all pain.
(Yes, I know this isn’t the right expansion of the acronym for this particular comment. I’m using this version to express a dry sarcastic wit, as a lesson to all to expand your damn acronyms. Of course this lesson will be entirely lost to all.)