UnJustified

Judge Chutkan is back to moving things along as swiftly as possible by ordering a status conference, denying Trump’s motions to dismiss. Jack Smith asked for a little more time to brief the court on how the Supreme Court ruling on presidential immunity will affect the indictment and future proceedings. What would it take for the FBI to investigate Supreme Court Justices? Plus we take some listener...

Jack Smith has not requested an expedited briefing schedule in the appeal to the 11th Circuit to reverse Cannon’s dismissal. Cameras caught Chesebro doing his dirty work to perpetuate the Jan 6 scheme. Judge Chutkin has her case back! We shed some light on Trump’s Project 2025 plan for DoJ. Plus we take some listener questions.   Joan Biskupic The inside story of John Roberts and Trump’s immunity...

This week we go over what Jack Smith’s appeal to the 11th Circuit will look like and why Judge Cannon will likely be overturned. Donald Trump threatens to sue DoJ for violating his Constitutional rights.  Plus we take some listener questions.   Professor Lederman United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel   Check ou...

This week Jack Smith filed notice that DoJ will be appealing to the 11th Circuit Judge Cannon’s dismissal of the Mar-a-Lago indictment. We expect that he will request that the appeal is heard on an expedited basis. The sentences of many January 6 rioters who had a charge of obstructing an official proceeding are being revised due to the recent SCOTUS decision narrowing the scope of the charge. Plu...

She did it! Judge Aileen Cannon dismissed the Mar-a-Lago case. She bought Justice Clarence Thomas’s drive-by concurrence in the immunity ruling saying Jack Smith was appointed unconstitutionally. Jack Smith has requested permission from Merrick Garland to appeal Cannon’s ruling. Check out other MSW Media podcasts https://mswmedia.com/shows/   Follow AG Mueller, She Wrote Substack Mueller She...

The immunity question will be in Judge Chutkin’s court very soon. It’s unlikely that we’ll get a public hearing to decide what evidence is admissible. In Florida, Judge Cannon denied  de Oliviera’s motion to dismiss based on selective and vindictive prosecution. Plus, listener questions and more! Hugo Lowell https://twitter.com/hugolowell   Check out other MSW Media podcasts https://mswmedia.com/s...

Allison was a guest on ABC Radio National | Sunday Extra to discuss the immunity ruling Check out more from Australia! Sunday Extra presents a mix of national and international affairs, analysis and investigation with Julian Morrow https://www.abc.net.au/listen/programs/sundayextra Check out other MSW Media podcasts https://mswmedia.com/shows/   Follow AG Mueller, She Wrote Substack Mueller S...

Steve Vladeck joins Allison and Andy to discuss the immunity ruling from SCOTUS. The Roberts Court showed that it is more beholden to ideology than the Constitution. What’s next for the Trump prosecutions?  What’s next for the country?   Steve Vladeck https://twitter.com/steve_vladeck https://stevevladeck.substack.com/ Check out other MSW Media podcasts https://mswmedia.com/shows/   Follow AG...

Judge Cannon is off on several side quests. Including hearings on alleged violations of Trump’s 4th Amendment rights; the funding of the Special Counsel; Evan Corcoran’s notes. She’s also called for briefings on Trump’s motion to dismiss based on spoliation of evidence. We have updates to Jack Smith’s motion to modify Trump’s bail conditions and information about a previously unknown trip Trump to...

It has come to light that two “more experienced” judges urged Cannon to recuse herself from the Mar-a-Lago documents case. One of them was Chief Judge Altonaga. Nevertheless, Cannon stayed on the case and has turned it into a complete mess. America First Legal– a Stephen Miller joint– has been allowed to participate as amici. We are still waiting on SCOTUS to drop their Presidential Immunity opini...

Judge Cannon struck a paragraph from Trump’s indictment and denied denied Trump’s motion to dismiss on insufficient pleading grounds. She may have made a significant legal error in one of her rulings.  Trump filed a new motion to dismiss claiming spoliation of evidence. All this and more! Plus, a listener questions and more. Check out other MSW Media podcasts https://mswmedia.com/shows/   Fol...

Again, Judge Cannon has rearranged the pre-trial schedule AND is allowing oral arguments from non-parties in a hearing about whether Jack Smith was appointed and funded appropriately. This is the same sort of motion to dismiss that Judge Chutkin dismissed in a matter of days. We have an update on Jay Bratt’s motion to modify bail conditions that he refiled since our last episode. Walt Nauta’s atto...

Judge Aileen Cannon has denied DoJ’s motion to modify Trump's bail conditions. The Smith team filed the motion without conferring with Trump, but not on an emergency basis. She also denied Trump’s request for sanctions.  Jack’s team has refiled their motion after conferring with Trump’s lawyers. Cannon calls for briefs in an upcoming hearing to determine whether the appointment of Jack Smith is la...

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...