UnJustified

Judge Aileen Cannon continues to complain– after much deliberation– about having to grant DoJ’s motions.  Trump’s lawyers deceive the court in their motion to dismiss by mischaracterizing the language in the Mar-a-Lago search warrant. Hearings on that got heated.  DoJ files a motion to modify Trump’s bail conditions. Chief judge for the D .C. District Court denied Walt Nauta's overly broad bid to...

Judge Aileen Cannon is successfully bogging down the Mar-a-Lago proceedings. It seems undeniable that she is biased towards Trump. At least that’s what Trump supporters have thought all along. Justice Sam Alito tries to throw his wife under the bus for flying an upside-down American flag in front of their house. Plus, a listener question. Complaint of Judicial Misconduct or Disability https://www....

Today we bring you our live panel discussion hosted by Anna Bower of Lawfare and featuring myself, our SIPA expert, Brian Greer, and of course, Andy McCabe.  In this show, we'll be going over the latest trial postponement from Judge Aileen Cannon, as well as an overview of where we are now, where we started, and how we got here. Plus, audience questions!     Thank you Anna Bower https://twitter.co...

Donald Trump has submitted his motion to dismiss the Florida espionage and obstruction charges based on vindictive and selective prosecution. Trump argues (erroneously and weakly) that his conduct was similar to that of Mike Pence and Joe Biden.  Walt Nauta’s grand jury testimony has been released. With a few notable exceptions, it’s mostly the same lies he told the FBI. Michigan’s Attorney Genera...

The Supreme Court has heard arguments in Trump’s claim of absolute immunity. We’re going over the highlights and lowlights from the hearing. Including Justice Alito’s misreading of the DC Circuit’s ruling. Plus, a listener question, and more! Subscribe to AG's Substack for free muellershewrote.substack.com May 7 with Andy McCabe and Brian Greer:  https://signup.e2ma.net/signup/2000418/1968319/ Che...

This week; Donald Trump had a bad week and the coming weeks don’t look much better for him. The jury has been seated in the Manhattan election interference case. There’s a hearing scheduled regarding his shady bond in the NYAG civil fraud case. CIPA Section 5 deadlines are rapidly approaching in the Mar-a-Lago willful retention case. Oral arguments in the Supreme Court over Trump’s immunity bid in...

This week; a long list of retired Admirals and Generals filed an amicus brief to the Supreme Court in Trump’s upcoming absolute immunity argument. In Florida, Judge Cannon grants, in part, Smith’s motion to reconsider releasing witness names and statements. Cannon also set an April 12th hearing for Nauta’s and de Oliveira’s Motions to Dismiss.  Andy has some fun going over the transcript of Nauta’...

This week; Jack Smith responds sharply to Judge Cannon's order to write jury instructions based on the Presidential Records Act (PRA); Cannon denies Trump’s Motion to Dismiss based on the PRA, but doesn’t rule that he cannot try to use it as a defense. The American College of Trial Lawyers release a statement condemning Trump’s dangerous rhetoric as a risk to democracy. Plus, a couple of listener...

This week in Cannon’s court; both sides file notices of responses and replies that they've filed on the secret docket, but DoJ’s public filing gives a glimpse into what is in the secret filings; Carlos de Oliveira requests a bill of particulars in his response to DoJ’s opposition to his motion to dismiss; we are still awaiting responses to Cannon’s order to submit potentially erroneous jury instru...

This week: the New York Times sheds light on the timeline of DoJ’s investigation into the coup plot; Trump’s immunity brief has been filed with the Supreme Court; Brian Greer joins us to discuss Judge Cannon’s odd order regarding jury instructions and the PRA.   Plus, a couple of listener questions, and more! Our Guest Brian Greer Secrets and Laws (@secretsandlaws) on Twitter Check out other MSW M...

This week, in Mar-a-Lago, Jack Smith responds to Trump’s motions to dismiss, Cannon dismissed one of Trump’s motions, but that’s not all good; Steven Miller’s organization filed an amicus brief supporting dismissing the case based on the Presidential Records Act; Judge Cannon extends the filing period for reply briefs and lays the groundwork for what could be some serious shenanigans. In an interv...

This week, in Mar-a-Lago, DoJ responds to Trump’s Motion to Dismiss based on immunity and the PRA; DoJ responded to Trump’s Motion to Suppress the fruits of the Mar-a-Lago search, but that filed on Judge Cannon’s secret docket The DC case may be impacted by emails that reveal  new communications indicating Sen. Ron Johnson and his top aide were told papers sent to his office on Jan. 6 had to do wi...

This week in Florida: Judge Cannon rules in favor of DoJ’s motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira’s bid to get access to classified discovery. In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators. Plus, another thought-provoking listener...

Earlier today, SCOTUS granted cert to hear arguments in Trump’s immunity motion. At the very least, this further delays Trump’s current federal trials.   Brian Greer’s Quick Guide to CIPA https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/ AMICI CURIAE to the District Court of DC  https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-A...

This week; Professor Steve Vladeck joins to discuss Trump’s immunity motion and the probable scenarios that are playing out within the SCOTUS; Trump files a plethora of motions in Florida; Carlos De Oliveira, co-defendant in the classified documents case, files a motion to dismiss; Governor Kemp reveals that he was interviewed by Jack Smith’s team; Smirnov is arrested; plus Allison and Andy answer...

This week; Trump’s application for a stay on the immunity issue has been fully briefed to the Supreme Court– they can rule any day; Judge Engoron in the NYAG civil fraud trial has fined Trump, his two adult sons, and Weisselberg a total of $364M; plus some listener questions about Robert Hur. Check out other MSW Media podcasts https://mswmedia.com/shows/   Follow AG Mueller, She Wrote Substac...

Brian Greer joins to discuss the CIPA process and Trump’s latest attempts to derail the Mar-a-Lago case; DoJ’s response to Trump’s motion to compel, and their motion for Judge Cannon to reconsider her ruling; Just Security outlines some possible timelines for the DC case to proceed; plus listener questions. Brian Greer https://twitter.com/secretsandlaws Check out other MSW Media podcasts https://m...

It has arrived…and it doesn’t disappoint! The DC Circuit ruled 3-0 that Trump is not immune from prosecution for his actions on and around January 6, 2021. Read the ruling here: https://www.lawfaremedia.org/article/d.c.-circuit-rules-trump-is-not-immune-from-prosecution Check out other MSW Media podcasts https://mswmedia.com/shows/   Follow AG Mueller, She Wrote Substack Mueller She Wrote on...

So far, Trump’s delay tactics seem to be working In DC, Judge Chutkan has taken Trump’s trial off of her calendar as the DC Court of Appeals has yet to issue its ruling on Trump’s immunity claim. There is reporting about alleged misconduct by Walt Nauta that led to the revocation of his security clearance while he was working at the White House. Also, there are reports of locked closets and secret...

Before the E. Jean Carroll damages were announced it looked like Trump was having a pretty ok week. His DC trial is stayed; Jack Smith filed a list of expert witnesses in the Mar-a-Lago case; and the prosecution in Fulton County is getting some bad press. Representative Barry “Look-at-that-beautiful-sconce” Loudermilk seems to want to get the names of some White House personnel who testified to th...

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. Check out other MSW Media podcasts https://mswmedia...

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...

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 oppos...

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 Tr...

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 ga...