UnJustified

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...

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 Hurri...

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 S...

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 CIPA http...

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 Asha...

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...

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:...

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 Flo...

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 cover...

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 ca...

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 hearings In DC, DoJ filed a motion asking Judge Chu...

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 ori...

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 class...