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Special counsel can present ‘substantial’ new evidence against Trump in January 6 case, judge rules

The IbanezerScrooge

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Special counsel Jack Smith this week will be allowed to file hundreds of pages of legal arguments and evidence gathered in the 2020 election subversion and January 6 US Capitol attack criminal case against former President Donald Trump, a federal judge ruled Tuesday.
The filing is likely to be the largest chunk of the case against Trump that the public will be able to see before the 2024 presidential election, and could include what prosecutors know of the former president’s interactions with then-Vice President Mike Pence and other moments in late 2020 and early 2021.
Judge Tanya Chutkan’s decision allows the Justice Department to put into the court record parts of the investigation against Trump that are not yet publicly known.
 

RestoreTheJoy

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Special counsel Jack Smith this week will be allowed to file hundreds of pages of legal arguments and evidence gathered in the 2020 election subversion and January 6 US Capitol attack criminal case against former President Donald Trump, a federal judge ruled Tuesday.
The filing is likely to be the largest chunk of the case against Trump that the public will be able to see before the 2024 presidential election, and could include what prosecutors know of the former president’s interactions with then-Vice President Mike Pence and other moments in late 2020 and early 2021.
Judge Tanya Chutkan’s decision allows the Justice Department to put into the court record parts of the investigation against Trump that are not yet publicly known.
Right. She even dispensed with the limit in size in order to allow him to file hundreds of pages. Totally coincidental that it is weeks before the election.
 
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Gene2memE

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Right. She even dispensed with the limit in size in order to allow him to file hundreds of pages. Totally coincidental that it is weeks before the election.

You can thank Trump and his legal counsel for that. If they had not continually used legal delay tactics, then this case would be much further along than it is now.
 
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Hans Blaster

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Opening line:

The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so.
 
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RestoreTheJoy

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You can thank Trump and his legal counsel for that. If they had not continually used legal delay tactics, then this case would be much further along than it is now.
No. That is false. Every party has the same timelines. Here, a special dispensation was made for Jack Smith, who has not even been determined to be appropriately appointed yet. The judge threw the case out. Smith has appealed. https://www.npr.org/2024/07/15/g-s1-10379/trump-documents-case-dismissed
 
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Arcangl86

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No. That is false. Every party has the same timelines.
Yes, but it was the constant filing on motions by Trump that extended them.
Here, a special dispensation was made for Jack Smith, who has not even been determined to be appropriately appointed yet.
No special dispensation was made, and the legality of Special Counsels is clear in the DC Circuit.
Different cases, different judicial circuits. Judge Cannon's ruling has no effect on the case in DC.
 
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DaisyDay

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You can thank Trump and his legal counsel for that. If they had not continually used legal delay tactics, then this case would be much further along than it is now.
Don't forget the invaluable help of the Supreme Court which accepted hearing his appeal of "absolute immunity", then stretched out actually ruling on the case for as long as they could. This created a major delay that the courts now have to deal with.

This superseding indictment is a direct consequence of that.
 
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RestoreTheJoy

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Yes, but it was the constant filing on motions by Trump that extended them.

No special dispensation was made, and the legality of Special Counsels is clear in the DC Circuit.

Different cases, different judicial circuits. Judge Cannon's ruling has no effect on the case in DC.
You are right and I misread it; it's the other federal case in DC in an almost entirely Democratic district pursued incessantly by the same Special Counsel, Jack Smith. The single-minded pursuit at any cost continues.

The release of the rehash of his case 4 weeks before an election was a nice touch, totally coincidental, I'm sure.
 
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DaisyDay

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You are right and I misread it; it's the other federal case in DC in an almost entirely Democratic district pursued incessantly by the same Special Counsel, Jack Smith. The single-minded pursuit at any cost continues.
Single minded pursuit? His job was literally to investigate and, should criminality be found, to prosecute. The case is tried where the alleged crime took place.
The release of the rehash of his case 4 weeks before an election was a nice touch, totally coincidental, I'm sure.
Not at all - the new indictment was required by the Supreme Court immunity ruling. He had to resubmit charges and take care to note just why the criminal actions were private and not presidential.
 
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wing2000

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....Trump's "lawyers*" attempt to convince Mike Pence to go along with their plan on January 4th (the pressure continued on 5th and 6th, culminating in Trump calling out Pence both in his speech at the Washington Ellipse and his tweet as rioters were attacking the Capitol building:
*White House Counsel Office was not present"

‘The meeting among the defendant, [ ] Pence, and Pence staffers [JE[ and [J ]began around 4:45 pm

No one from the defendant's White House Counsel's Office attended.

During the meeting, the defendantasked [CC2] to explain his plan to Pence. [CC2] presented two options:

Pence could unilaterally decide objections to electors, or altemnatively, in the plan that JSS had devised the prior day, Pence could send the elector slates to the targeted states” legislatures to determine which electors’ votes should be counted.

In the defendant's presence, in response to Pence’s questioning, admitted that the ECA forbade what he proposed and that no one had tested new plan to send elector slates to state legislatures for review.

Nonetheless, the defendant repeatedly expressed a preference that Pence unilaterally reject valid elector slates. Throughout the meeting, the defendant repeated his knowingly false fraud claims as a purported basis for Pence to act illegally. The defendant repeatedly expressed a preference that Pence unilaterally reject valid elector slates. Throughout the meeting, the defendant repeated his knowingly false fiaud claims as a purported basis for Pence to act illegally.

Pence’s five pages of contemporaneous notes from the meeting reflect that the defendant said, “when there's fraud the rules get changed”: “bottom line ~ won every state by 10,0005 of votes” “this whole thing is up to MP"; “has to do w/you- you can be bold" and “sfigh]t to do whatever you want to do."

page 65-66. DocumentCloud
 
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JSRG

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Don't forget the invaluable help of the Supreme Court which accepted hearing his appeal of "absolute immunity",

As they should have. It's an important issue they should have weighed in on. I think they got the answer wrong, but it is something they should have taken up.

Timing-wise at least, there wasn't anything unusual about anything the Supreme Court did in regards to this. If anything they moved rather fast on it; they wouldn't have been unjustified in setting the arguments for October instead of April. There were cases granted by the court earlier which were set for October, like Williams v. Washington, which was granted nearly two months prior to Trump v. United States (January 12 vs March 6).

then stretched out actually ruling on the case for as long as they could.

"As long as they could"? The case was argued on April 25 and decided on July 1. That's a little over two months, which is not a bad turnaround time at all. In fact, it was decided two months faster than the other two cases decided on July 1, which were argued back in February 20 and February 26. Or how about Vidal v. Elster, which was argued on November 1 and decided on June 13, or US v. Rahimi (argued November 7 decided June 21)? Those took more than seven months to decide. But finishing in a little more than two months is "stretching out" as long as they could?

Maybe the claim of them stretching it out is supposed to refer to the fact that it was decided on the last day of the term. But it was a particularly contentious case argued towards the end of the term (the last case of the term argued, actually), so it makes sense it would be one of the final decisions handed down.

Legal scholar Akhil Amar--who for the record is no fan of Trump at all, and was very critical of the decision--actually said he thought the Supreme Court rushed the decision and should've spent more time on it (he said this on episode 185 of his podcast, if someone wants a source).
 
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