Mueller, She Wrote

This week, Judge Chutkan rules on Trump’s request to hold Jack Smith in contempt. An appeals court has decided not to hear Trump’s appeal regarding the Twitter warrant.In Florida, there have been multiple filings and rulings, including notice of a motion from Trump challenging CIPA Section 4.Plus, we have some great listener questions and more. AMICI CURIAE to the District Court of DC https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512Brian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20mater

Trump’s attorney argues for absolute immunity in front of a three-judge panel in the DC Circuit Court and it goes pretty horribly; DoJ responds to Trump’s contempt motion in DC; SWATing is all the rage; In Florida, Judge Cannon says Trump’s team does not have to let DoJ know whether they are preparing an advice of counsel defense.Plus, we have some great listener questions. AMICI CURIAE to the District Court of DC https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512Brian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%2

We are just days away from hearing arguments regarding Trump’s claim of “total presidential immunity”in the DC Circuit Court of Appeals; we’ll be discussing those briefs. Jack Smith has subpoenaed the firms Trump paid to investigate the 2020 election. Trump moves to hold DoJ in contempt for continuing to meet pre-trial filing deadlines while the DC case is stayed.In Florida, Trump files his opposition to DoJ’s motion to compel Trump to disclose whether he will be using an advice of counsel defense. Plus, we have some great listener questions.AMICI CURIAE to the District Court of DC https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512Brian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ Prior RestraintPrior Restraint | Wex

This week, we are joined by Judge J. Michael Luttig to go over the brief helped  write to the District Court on DC in support of DoJ’s proposed trial date and against Trump’s claims of immunity. Judge Luttig reminds us that it is the Constitution, not politics, that disqualifies Trump from holding federal office, again.Then, we discuss DoJ’s motion to limit specific arguments and evidence that Trump may try to bring up at trial.Plus, we have some great listener questions.Our Guest:Judge J. Michael Luttighttps://twitter.com/judgeluttigAMICI CURIAE to the District Court of DC https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdfAri Fleischer’s irresponsible take on attempts to keep Trump off of ballots was still up at the time of publishing this episode.https://x.com/AriFleischer/status/1740752537320669411?s=20“Make no mistake: Attempts to throw Trump off the ballot are white-collar insurrections, carried out by Democrats in powerfu

This week, Trump filed his opposition to Jack Smith’s SCOTUS petition in the immunity case, and the Supreme Court has denied that petition to grant certiorari before judgment.Meanwhile, the DC Circuit Court of Appeals has granted Jack Smith’s request for an expedited appeal. Also, Trump has asked for a hearing in front of the full DC Circuit court panel on his appeal of Judge Chutkan’s limited gag order. Even though the DC trial has been stayed, Jack Smith filed his exhibit list and discovery with Trump’s lawyers, who refused to accept it.There’s another perfect Trump call, this time with Michigan canvassers in November of 2020. A newly unsealed court filing shows Jack Smith was looking at obstruction and false statements charges for Jeffrey Clark and John Eastman. Another federal judge has ordered Rep. Scott Perry to hand over communications to Jack Smith.In Florida, we have Jack Smith’s motion and Trump’s opposition to a jury questionnaire and filings on whether CIPA Section 4 should be ex parte and whether

This week, Jack Smith moves to bypass the District Court and have SCOTUS weigh in on Trump’s motion to dismiss based on Donald’s claim of absolute presidential immunity. Also, SCOTUS has agreed to review the Fisher case to clear up the question of what “corruptly” means in the context of interfering with a congressional proceeding. There are updates around a missing binder full of Crossfire Hurricane material.Plus, we have some great listener questions.Our guest:Steve Vladeckhttps://twitter.com/steve_vladeckhttps://www.scotusblog.com/2022/01/the-rise-of-certiorari-before-judgment/The Shadow Dockethttps://www.hachettebookgroup.com/titles/stephen-vladeck/the-shadow-docket/9781541602632/Good to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512Brian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Inform

In DC, Jack Smith moves to admit evidence from before the DC conspiracy and files the opposition to Trump’s motion to stay the entire proceeding. JPotential jurors are being pre-screened for the March 4 trial.In Mar-a-Lago, Judge Cannon is handed her first real test and the chance to make an appealable decision concerning CIPA Section 4 filings.Hunter Biden gets indicted on nine tax charges by Special Counsel David Weiss.We rank the recent Special Counsels.Plus, we have some great listener questions.Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_403Brian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ Some terms to remember:Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJencks Material | Thomso

This week, Trump’s motion to declare him immune from prosecution is denied as is his fishing expedition motion to produce imaginary “missing” January 6 Committee materials; more from Rep. Scott Perry’s phone; Ken Chesebro is taking his fraudulent electors scheme talk cross-country, maybe to a jurisdiction near you. Plus, we have some great listener questions.Brian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ Some terms to remember:Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJencks Material | Thomson Reuters Practical Law Glossaryhttps://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)Statutes:18 U.S.C. § 241 |

This week, Trump’s motion to have references to Jan 6 stricken from the DC indictment is denied; there’s a response to DoJ’s opposition to televising the DC trial; Trump’s Fulton County legal team wants access to DoJ’s discovery in the DC case; Trump files motion to dismiss the DC charges. Plus, we have some great listener questions.See Brian Greer’s Charts - It’s Complicated with Renato and AshaIt's Complicated Episode 51 | Cannon's Shenanigans | Renato Mariotti & Asha RangappaBrian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ A couple of terms to remember:Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJencks Material | Thomson Reuters Practical Law Glossaryhttps://content.next.westlaw.com/G

It’s been one year since Jack Smith was appointed Special Counsel to investigate Trump for the willful retention of classified documents, and the crimes surrounding the attempted coup. This week we take a look at new reporting about the meeting where Trump’s lawyers tried to convince DoJ not to indict. New motions and responses to the request for the DC trial to be televised. The DC Circuit Court temporarily lifts Trump’s gag order. Judge Cannon continues to add delays to the proceedings in Florida. Plus, we have some great listener questions.See Brian Greer’s Charts - It’s Complicated with Renato and AshaIt's Complicated Episode 51 | Cannon's Shenanigans | Renato Mariotti & Asha RangappaBrian Greer’s Quick Guide to CIPAhttps://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ A couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,

This week: Trump’s team tries to drown the proceedings in an ocean of motions; Jack Smith shows that the January 6th attack on the Capitol is integral to the government’s case against Trump in DC.In Florida, Judge Cannon seems to be doing all she can to delay the trial, even by doing something potentially unprecedented with regard to CIPA.Plus, listener questions.A couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJencks Material | Thomson Reuters Practical Law Glossaryhttps://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)Statutes:18 U.S.C. § 241 | Conspiracy Against Rights18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice18 U.S.C.  § 1512 | Tampering With Victims, Witnesses, Or Informants Questions for the po

In DC, we have updates on the limited gag order Judge Chutkan issued; and Trump’s moves to stay the entire proceedings while awaiting a ruling on his motion to dismiss based on presidential immunity.In Florida, DoJ filed a notice to the court regarding Trump’s attempts to delay other trials by playing one venue off the other. Brian Greer is here to go over CIPA filings and rulings in DC and Florida.A document comes up in the NYAG civil fraud trial that might be of interest to Jack Smith’s team.John Eastman says that disbarment proceedings in California are strengthening his belief in the big lie.Plus, listener questions.Brian Greerhttps://twitter.com/secretsandlawsOn CIPAThe Quick Guide to CIPA (Classified Information Procedures Act)https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/Motion from DoJ asking the court to require Trump to give notice of an advice-of-counsel defense:https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149

This week, Trump’s team filed several motions in the DC case. Three are motions to dismiss; one is a motion to strike language from the indictment. Jack Smith brings up Trump’s violations of the New York civil trial gag order. Federal prosecutors have quietly withdrawn a subpoena seeking records from Trump's 2020 campaign.A panel of federal judges rejects requests to allow live television coverage of Trump’s federal trials.More delays in Florida as Judge Cannon to hear arguments about DoJ’s compliance with discovery.More information comes out about that Australian Billionaire who likes hearing about US nuclear submarine capabilities.Plus, listener questions and more.A couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJencks Material | Thomson Reuters Practical Law Glossaryhttps://content.next.westlaw.com/Glossary/PracticalLaw/I87

This week in Judge Aileen Cannon’s court, Walt Nauta waives his attorney’s possible conflict of interest; Jack Smith files the government’s opposition to Trump’s request to delay the trial.In DC, Judge Tanya Chutkan issues a partial gag order; and DoJ responds to Trump’s absolute immunity claim in his motion to dismiss.Sidney Powell and Kenneth Cheseboro plead guilty in the Fulton County Rico case.Jack Smith withdraws the subpoena of the Save America PAC.DoJ plans to appeal the Proud Boys’ sentences.Plus, a couple of listener questions. A couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJencks Material | Thomson Reuters Practical Law Glossaryhttps://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)Brian Greer on CIPAThe Quick Guide to CIPA (Classi

This week in Florida, Jack Smith’s office files the government’s response to Trump’s motion for a revised CIPA schedule, claiming, in part, that it is a precursor to a motion to delay the entire trial, and we learn that Jack Smith may intend to prove Trump’s motive in taking and retaining the documents, and Judge Cannon holds conflict of interest hearingsIn DC, DoJ filed a motion asking Judge Chutkan to require Trump to disclose whether he intends to employ an “advice of counsel” defense as that would affect discovery; Trump’s defense team objects to something in the DoJ’s motion to use “fair and protective jury procedures” but it is unclear what; Trump files a motion for “Select Committee Missing Materials” that may not even exist.In other Special Counsel news, Robert Hur interviewed President Biden for several hours; reporting says that Hur plans to wrap up his investigation soon.And we have a correction from last weekA couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information

This week in Florida, Judge Aileen Cannon stays the trial calendar pending Trump’s motion for a delay due to CIPA section 4, and new reporting that Trump shared nuclear submarine capabilities with an Australian businessman. In DC, Donald files a motion to dismiss all charges based on absolute presidential immunity; an opposition to DOJ CIPA motions; Jack Smith files a motion in support of his original motion for a pre-trial don’t-call-it-a-gag order based on Trump’s posts about Mark Milley and an unrelated possible firearm purchase.SCOTUS declines to hear Eastman’s attempt to block access to his emails; plus a listener question.A couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information InstituteJencks Material | Thomson Reuters Practical Law GlossaryBrian Greer on CIPAThe Quick Guide to CIPA (Classified Information Procedures Act)Questions for the pod -Submit questions for the pod here Check out other MSW Media podcastshttps://mswmedia.com/shows/Follow AG:Follow Mueller, She Wro

This week in the DC case: Judge Chutkan denies Donald’s motion to recuse, Trump files motions to delay CIPA actions, and opposition to the don’t-call-it-a gag order. In Florida, Judge Cannon grants, in part, Jack Smith's motion for conflict of interest hearings; Trump asks for a delay on section 4 of CIPA; and Judge Cannon will receive briefs from both sides on whether to allow Nauta to view classified evidence, and more; plus a listener question.A couple of terms to remember:Brady Rule | US Law |Cornell Law School | Legal Information InstituteJencks Material | Thomson Reuters Practical Law GlossaryQuestions for the pod -Submit questions for the pod here Check out other MSW Media podcastshttps://mswmedia.com/shows/Follow AG:Follow Mueller, She Wrote on Posthttps://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodAndrew McCabe isn’t on social media, but you can buy his book The ThreatThe Threat: How the FBI Protects America in the Age of Terror and TrumpWe would like t

This week: Rolling Stone reports that Trump is privately fretting about possibly going to prison; DoJ filed their proposed don’t-call-it-a-gag order in the DC case; CIPA expert Brian Greer joins Allison to discuss the implications of that and what’s going on with a supplemental briefing Judge Cannon requested; plus a couple of very fine questions from some very smart and good-looking listeners.Our Guest:Brian GreerSecrets and Laws (@secretsandlaws) on TwitterQuestions for the pod:https://formfacade.com/sm/PTk_BSogJCheck out other MSW Media podcastshttps://mswmedia.com/shows/Follow AG:Follow Mueller, She Wrote on Posthttps://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodAndrew McCabe isn’t on social media, but you can buy his book The Threat: How the FBI Protects America in the Age of Terror and Trump We would like to know more about our listeners. Please participate in this brief surveyListener Survey and CommentsThis Show is Available Ad-Free And Early For Patreon

This week: we have multiple court filings to discuss including a narrow gag order motion from Jack Smith in the DC coup conspiracy case; a motion from Trump for the judge in that case to recuse, and the special counsel’s opposition to that motion; a DC circuit court of appeals decision on the Rep. Scott Perry phone warrant; the sealed court order from Judge Beryl Howell on the Trump Twitter account search warrant; in Florida, there are new details about what Yuscil Taveras did after De Oliveira asked him to delete surveillance footage; Judge Cannon finally approved the protective order; plus listener questions.Questions for the pod:https://formfacade.com/sm/PTk_BSogJOr Email us at hello@muellershewrote.com and put “Jack” in the subject lineCheck out other MSW Media podcastshttps://mswmedia.com/shows/Follow AG:Follow Mueller, She Wrote on Posthttps://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodAndrew McCabe isn’t on social media, but you can buy his book The Threa

This week: CNN reports that an investigation into voting machine breaches continues as the federal grand jury meets again after a four-week break; DoJ opposes a motion to vacate in the DC case; a partial win for Rep. Scott Perry in his fight to keep his phone data from Jack Smith; new reporting on Giuliani aide Kathrine Friess; a cooperation agreement between the DoJ and Yuscil Taveras in the Mar-a-Lago documents case; plus a listener question, and more.Questions for the pod:https://formfacade.com/sm/PTk_BSogJOr Email us at hello@muellershewrote.com and put “Jack” in the subject lineCheck out other MSW Media podcastshttps://mswmedia.com/shows/Follow AG:Follow Mueller, She Wrote on Posthttps://twitter.com/allisongillhttps://twitter.com/MuellerSheWrotehttps://twitter.com/dailybeanspodAndrew McCabe isn’t on social media, but you can buy his book The Threathttps://www.amazon.com/Threat-Protects-America-Terror-Trump-ebook/dp/B07HFMYQPGWe would like to know more about our listeners. Please participate in this brief