🧵1/…Via Joyce Vance:
This is how you set up an appeal.
Kyle Cheney:
Special counsel’s office is pleading with Judge #Cannon to reverse to recent unsealing decisions they say would identify two dozen witnesses an expose them to threats.
They say Cannon’s rulings were “clear error” — defying 11th circuit precedent — and would cause ‘manifest injustice’
#JackSmith #legal #Documents #TrumpIndictment
Via Roger Parloff:
“Quick update on tense dispute between Judge #Cannon & govt in USA v #Trump (MaL): ln trying to persuade Cannon to reconsider her order last week to unseal identities of >24 “participants” in probe, including some witnesses & their statements ...” #legal #TrumpIndictment #documents
Via Anna Bower:
After #Trump moved to extend pre-trial deadlines in the classified #documents case, #JackSmith files a scathing response.
The defendants “will stop at nothing to stall the adjudication of the charges against them by a fair and impartial jury of citizens,” the special counsel writes. #legal #TrumpIndictment
Via Brandon Van Grack:
During the Super Bowl, DOJ filed a motion in Mar-a-Lago case requesting permission to reply to defs' reply to support their motion to compel discovery. DOJ alleges procedural error: defs improperly raised a new claim that discovery is warranted based on selective prosecution #TrumpIndictment #legal #documents #Trump
https://threadreaderapp.com/thread/1757015755504193768.html?utm_campaign=topunroll
And how’d I miss this one? That’s 2.
Via Andrew Weissmann:
Judge #Cannon's ruling is correct & obvious & avoids her getting reversed for 3rd time by the 11th Cir. Predict she will also reverse herself on full disclosure of witness names/statements (for same reason). Many more motions for her to decide...
Mueller, She Wrote:
Judge Cannon has GRANTED #JackSmith’s motion to keep classified discovery from Nauta and DeOliveira. #documents #legal #TrumpIndictment
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.340.0.pdf
Via Kyle Cheney:
JUST IN: #JackSmith cites the Hur Report to argue that #Trump's handling of classified #documents was significantly more aggravated/willful than Joe Biden's.
#legal
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.337.0_1.pdf
Judge Cannon is pointing and laughing.
Via Kyle Griffin: 1/...
Breaking: Special counsel #JackSmith wants #Trump's classified #documents case in #Florida to go to trial on July 8. #legal #TrumpIndictment
🤦🏻♀️ #Trump’s lawyers have filed several motions to dismiss the classified #documents case in #Florida, citing, among other things, presidential immunity and arguing special counsel #JackSmith was unlawfully appointed. #legal
https://www.cnn.com/2024/02/22/politics/trump-moves-dismiss-classified-documents-case?cid=ios_app
Via Kyle Cheney:
Judge #Cannon will permit a lawyer for a coalition of media outlets to present argument tomorrow on issues related to access/sealing of #Trump case filings. #legal #documents #Florida
Via Lisa Rubin: 1/2
Some of these excuses are running thin. #Trump lawyer Chris Kise, for example, lives in #Florida, as does Sasha Dadan, FL counsel for Walt Nauta.
Katie Phang:
NEW: All of the MAL defendants seek an extension of time to file certain Reply briefs to various Oppositions filed by Special Counsel that responded to Defendants’ multiple motions to dismiss.
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.386.0.pdf
👀Via Emptywheel: 1/...
Aside from hour improper this is and the likelihood that it'll work, if the appointment thing works, then Hunter Biden's far better appointment claim gets fast-tracked.
Hugo Lowell:
New: Judge #Cannon in #Trump classified #documents case accepts two amicus briefs filed by Trump-adjacent lawyers that “may be of considerable help” re Trump motions to dismiss — ominous for Special Counsel. 1st says NARA referral flawed and 2nd says #JackSmith improperly appointed. #legal
1/... "Brian Butler, “Trump Employee 5” in the classified #documents indictment brought by #JackSmith.. doesn’t believe the criminal case against #Trump is a “witch hunt:...Butler..unknowingly helped Nauta deliver boxes of classified information from Mar-a-Lago to the former president’s plane in June 2022 – the same day that Trump and his attorney were meeting with DOJ at Mar-a-Lago about the classified docs" #legal #TrumpIndictment #Florida https://www.cnn.com/2024/03/11/politics/trump-employee-5-classified-documents-mar-a-lago/index.html
Via Kyle Cheney:
JUST IN: Prosecutors say they've provided another small batch of discovery to #Trump in his #Florida case, including "the memorialization of an interview conducted on March 6, 2024."
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.371.0.pdf
#legal #documents
Via Kyle Cheney:
#JackSmith filed response to #Trump's claim he= entitled to declare classified #documents he tk home w him as "personal" records. https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.373.0.pdf
Says Trump's claim to possess DOE security clearance after leaving office is incorrect.
Prosecutors got *lots* of warrants on Walt Nauta..say Nauta brought Trump boxes to review, but Trump cut off review after lking at 15 boxes & ordered only those shipped to NARA, even though there were another 70-80 left in storage #legal
Via Pagliery:
In the Mar-a-Lago classified #documents case, Donald #Trump's lawyers double down on their request for a special court hearing about his super secret "Q" security clearance.
Energy Dept? Read: nukes. #legal
Of course.
Via Anna Bower:
Judge #Cannon has granted #Trump’s request for a 10 day extension to file replies to some of his motions to dismiss charges in the classified #documents case.
Previously, the deadline for Trump to file replies was set for March 14. But Trump’s attorneys asked to extend that deadline to March 24, citing the need to travel to an upcoming hearing in Ft. Pierce and to prepare for Trump’s trial in New York. #legal
Via former CIA atty Secrets & Laws: 1/…
#Trump's separate pres immunity motion hinges on this PRA argument. It's the "official act" underlying the immunity assertion. If #Cannon thinks it's a close call, that means a stay is likely coming.
When we eventually get to Trump's pres immunity assertion, even if Cannon denies it, she will stay the case unless she finds that the assertion is "frivolous." So today will be the early tell as to how she's leaning on this question.
#legal #documents
“In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing #Trump’s classified #documents case that a “fundamentally flawed” order she had issued was causing delays & asked her to quickly resolve a critical dispute about 1 of Trump’s defenses — leaving them time to appeal if needed.
The unusual & risky move by the prosecutors, contained in a 24-pg filing, signaled their mounting impatience w Judge #Cannon” #legal
#BREAKING via Anna Bower: #WompWomp
JUST IN: Judge #Cannon DENIES #Trump’s motion to dismiss the classified #documents case based on the presidential records act.
In the same order, Judge Cannon also denies the special counse #JackSmith’s request for a prompt ruling on jury instructions prior to trial.
She calls the special counsel's request "unprecedented and unjust."🤦🏻♀️ #legal
https://www.documentcloud.org/documents/24531793-cannon-deny-pra-mtd
Cannon’s gotta go.
Via Kyle Griffin:
Breaking on MSNBC:
Judge Aileen #Cannon has partially granted special counsel #JackSmith's motion to redact to the names of government witnesses in the classified #documents case.
But Cannon won't make it easy: Smith will still have to justify to the court each name redaction. #legal #TrumpIndictment #Trump
Small part of a thread by Daniel Barnes:
After roughly 2 hours of argument, Judge #Cannon seems unlikely to grant motions from Carlos De Oliveira and Walt Nauta to dismiss some or all of the charges against them in #Trump's classified #documents case.... ... ...
What wasn't discussed today? Anything about future timing in the case and when we might get a new trial date. #legal
Oh? 👀
Via Kyle Griffin:
Newly unsealed filings:
A #Trump associate told the FBI of advising Trump to return classified #documents to the National Archives nearly a year before agents searched Mar-a-Lago.
The associate said to Trump: "Whatever you have, give everything back. Let them come here and get everything. Don't give them a noble reason to indict you, because they will." https://www.axios.com/2024/04/23/trump-classified-documents-fbi-plasmic-echo-investigation
👀 Via Katie Phang:
NEW: Judge #Cannon enters an Order “temporarily staying” the requirement for #Trump to have to file his CIPA Section 5 notice in the MAL classified #documents case.
Sec. 5 requires Trump to disclose to the Government the classified materials he intends on using at trial. #trial
Roger Parloff did a 🧵on #Trump #documents trial. Sigh.
As Trump’s classified docs prosecution goes forward, now w no pretense of trial before the election, Judge #Cannon appears poised to permit him to use pub hearings in the case to sound his campaign themes. 1/… #legal
Welp! 🧵
Via Kyle Cheney: 1/...
#BREAKING: Judge #CANNON has indefinitely postponed Donald #Trump's trial date in Florida.
It may be months before we know the new schedule. #documents #legal
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.530.0.pdf
![367 Mar 6, 2024 PAPERLESS ORDER granting Unopposed Motions for Leave to File Amicus Briefs 360 364 .Th i i the Court's attention relevant matter that Sup. Ct. R. 37; Fed. R. App. P. 29; Resort Timeshare Resales, Inc. v. Stuart, 764 F. Supp. 1495, 1500 (S.D. Fla. 1991). The amicus briefs [360-1] [364-1] are accepted for Court consideration. Should the Special Counsel or Defendants wish to file a separate response to either amicus brief, they may do so on or before March 15, 2024, in accordance with the Local Rules. Signed by Judge Aileen M. Cannon on 3/6/2024. (jf01) (Entered: 03/06/2024)](/proxy/post_attachment/106763/844d8b6509.png "367 Mar 6, 2024 PAPERLESS ORDER granting Unopposed Motions for Leave to File Amicus Briefs 360 364 .Th i i the Court's attention relevant matter that Sup. Ct. R. 37; Fed. R. App. P. 29; Resort Timeshare Resales, Inc. v. Stuart, 764 F. Supp. 1495, 1500 (S.D. Fla. 1991). The amicus briefs [360-1] [364-1] are accepted for Court consideration. Should the Special Counsel or Defendants wish to file a separate response to either amicus brief, they may do so on or before March 15, 2024, in accordance with the Local Rules. Signed by Judge Aileen M. Cannon on 3/6/2024. (jf01) (Entered: 03/06/2024)")
