INDICTED (INDICATED) #3 USA v Donald Trump - Judge Tanya Chutkan - #J6 Election Interference, Fake Electors - Jack Smith

[W. Kevin Vicklund]

I thought the new indictment has the same four charges, just dropping the evidence regarding his use of the DOJ/Jeffrey Clark. Am I misunderstanding?

There's also quite a bit on delineating official acts and personal acts.

[RVInit]

I thought the new indictment has the same four charges, just dropping the evidence regarding his use of the DOJ/Jeffrey Clark. Am I misunderstanding?

There's also quite a bit on delineating official acts and personal acts.

So, did they actually drop any actual charges or just some of the evidence to back up those charges? That's what I'm confused about.

[p0rtia]

I thought the new indictment has the same four charges, just dropping the evidence regarding his use of the DOJ/Jeffrey Clark. Am I misunderstanding?

There's also quite a bit on delineating official acts and personal acts.

So, did they actually drop any actual charges or just some of the evidence to back up those charges? That's what I'm confused about.

Same number of charges, but they took out evidence that MAGA SCOTUS said they couldn't use (notably communications with federal employees/DOJ and the Georgia phone call [because for sick reasons this is unconstitutionally considered to be part of his official duties]).

Then they added argument, for example, clarifying that fuckhead was acting in an unofficial way for whatever is left in. Also saying that Pence communications can stay in because he was acting as pres of Senate during those convos or whatever.

[RVInit]

There's also quite a bit on delineating official acts and personal acts.

So, did they actually drop any actual charges or just some of the evidence to back up those charges? That's what I'm confused about.

Same number of charges, but they took out evidence that MAGA SCOTUS said they couldn't use (notably communications with federal employees/DOJ and the Georgia phone call [because for sick reasons this is unconstitutionally considered to be part of his official duties]).

Then they added argument, for example, clarifying that fuckhead was acting in an unofficial way for whatever is left in. Also saying that Pence communications can stay in because he was acting as pres of Senate during those convos or whatever.

Thanks for clarifying, p0rtia! Well, at least he's facing the same charges/potential penalties. I can live with that.

As if there is any choice about it.

[RTH10260]

Superceding indictment
https://twitter.com/kyledcheney/status ... 4825843033

Kyle Cheney @kyledcheney
BREAKING: A grand jury has returned a superseding indictment against Donald Trump in Washington, D.C. retaining the same four core charges against him for trying to subvert the election.
10:01 PM · Aug 27, 2024

Edit: Question: how does this case proceed? Does this invalidate the prior jury trial, does it need to be done all over again? Or can Judge Chutkin reuse the findings of the jury trial and evidence and just adjust the conviction based on the modified charges?

[Dave from down under]

This one hasn't gone to trial
the superseded indictments was to remove a hurdle created by the by SCOTUS so that it could go to trial.

[RTH10260]

ooopsie - can no longer keep my cases separated

[p0rtia]

Heard during discussion of Jack Smith / Chutkan Jan 6 superseding indictment (Joy Reid sitting for Nicolle Wallace) on MSNBC:

“The American legal system has failed.
Trump has found a way to play the system, and has been abetted by SCOTUS. … The American system is an F compared to how we fare compared to other western democracies.” - Andrew Weissman Aug 30 2024

“The president can tell his department of justice to engage in a sham investigation, and he is immune. (Core presidential function). Clearly the Immunity ruling was just tailored to the situation we have now.” - Weissman

“The Judicial system has failed. The criminal system, that is; the civil system has done much better. SCOTUS butchered the Constitution when it comes to the Immunity decision. … How we fix this problem is by elections. So the importance [is] the court date [because voters need to know what’s going on]. It is incredibly important that the date hold. - Maya Wiley

[bob]

Executive summary: Even under a best case scenario, there will be no trial this year.

The defendant's counterproposal requests serial litigation that will bake in so much delay.

[RTH10260]

[MN-Skeptic]

If you can read tweets, here are links to three folks who were tweet-streaming today's hearing.

[Dr. Ken]

I found this slipup interesting

[tek]

Any links that aren't to x/fb/etc?

[Dr. Ken]

Any links that aren't to x/fb/etc?

don't know if there's a full transcript yet
https://www.nytimes.com/live/2024/09/05 ... ce-hearing

[Dr. Ken]

[MN-Skeptic]

Here's an article which talks about Chutkan's most recent order -

Judge Chutkan Sets Key Deadlines for Immunity-Related Filings in Trump Election Interference Case

In a new order, U.S. District Judge Tanya Chutkan has laid out a pretrial schedule in the federal criminal case against Donald Trump for alleged election interference. The case, spearheaded by Special Counsel Jack Smith, will now feature key legal filings just as the 2024 election enters its final phase, potentially unveiling significant new evidence to the public.

The order, issued after a status conference on September 5, 2024, both freezes certain proceedings and establishes firm deadlines for filings on various motions, including those concerning presidential immunity and Trump’s efforts to dismiss charges. All pretrial deadlines, except those directly addressed by the court, have been paused, and the timeframe between August 2 and October 24, 2024, has been excluded from the Speedy Trial Act calculation.

Among the critical dates, the Department of Justice (DOJ) must file an opening brief on the issue of presidential immunity by September 26, 2024. Trump’s response, coupled with a renewed motion to dismiss on the same grounds, is due on October 17, while the DOJ’s reply will follow on October 29. This timeline ensures that any rulings or developments in this area will occur as Election Day approaches.

Another deadline arrives on October 3, when Trump must submit a supplement to his motion to dismiss on statutory grounds. This will be followed by the government’s response on October 17.

On October 31, 2024, the DOJ must file its opposition to Trump’s expected motion to dismiss based on the Appointments and Appropriations Clauses. Trump’s reply is then due by November 7, making the legal back-and-forth a prominent issue in the campaign’s closing weeks.

With these deadlines, Judge Chutkan has set the stage for a series of high-profile legal exchanges that could dominate headlines, particularly as both sides prepare to argue over Trump’s claims of presidential immunity and other key issues. The filings are likely to include new evidence and arguments, potentially giving voters further insight into Trump’s legal troubles and efforts to overturn the 2020 election, just as they head to the polls to vote in the 2024 election.

That's the entire article except for the image of Chutkan's order.

[RVInit]

[MN-Skeptic]

Kyle Cheney
@kyledcheney

JUST IN: Jack Smith signals his brief on presidential immunity, due Thursday, will come in at 180 pages.

The “detailed factual proffer” of 90 pages will be where the newsiest info is. He anticipates filing it under seal with a redacted version ready to go public as soon as Chutkan approves it.

[Tiredretiredlawyer]

[MN-Skeptic]

Kyle Cheney
@kyledcheney

JUST IN: Trump says Jack Smith should not be allowed to file a 180-page "hit piece" this close to the election, particularly while Trump is restricted by gag order from commenting on witnesses.

Dems will love this: Trump cites Comey as evidence that DOJ should stick to the 60-day rule avoiding impactful actions prior to the election.

https://storage.courtlistener.com/recap ... .242.0.pdf

[p0rtia]

Irony Meter.png (270.99 KiB) Viewed 620 times

[RTH10260]

from a recent vlog by Michael Popok on MTN I take it that DonOld is taking a cheap path on his lawyers side. It's the one law firm that has to handle four of his cases at the same time and all going thru crucial phases right now. The firm obviously did not build up extra staff for each case and seems overwhelmed with the job of defending #45. That's why they miss filing deadlines. In a recent order by a judge it was explicitely stated that no further extensions of time will be granted and that if they miss the midnight filing time they are out of luck.

[Frater I*I]

Irony Meter.png

Madam, at this point that meter should be a mushroom cloud...

[MN-Skeptic]

Kyle Cheney
@kyledcheney

JUST IN: Judge Chutkan has *granted* Jack Smith's proposal to submit a 180-page brief full of evidence related to Trump's criminal charges in Washington, D.C.

She again says Trump's claim this would be unfair politically has no bearing on her ruling.

https://www.documentcloud.org/documents ... utkangrant

[W. Kevin Vicklund]

Starring at Mar-a-Lago: The Flying Condiments!