KBSpanglerMe, adding straight vodka to my iced tea: YOU WANNA TALK JUDGE SHOPPING??? LET'S TALK JUDGE SHOPPING, MOTHERFUCKERS!!!
https://www.themarshallproject.org/2023/06/17/florida-federal-judge-donald-trump
Anyway, back to Cannon and the August 2022 case.
She approved the special master, writing that:
“The investigation and treatment of a former president is of unique interest to the general public, and the country is served best by an orderly process that promotes the interest and perception of fairness.”
https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0_3.pdf
Sounds reasonable, yes? Right?
Actual lawyers and judges didn't think so, citing multiple legal and procedural reasons. In short, it appeared to them that Cannon's decision to appoint a special master was done to help Trump, because slowing down the review of the documents would be a procedural delay in Trump's favor.
https://www.thedailybeast.com/donald-trump-went-judge-shopping-and-it-paid-off-in-mar-a-lago-case
Me, setting my drink on fire:
LOOK FOR A WHILE I THOUGHT CANNON WAS SCARED FOR HER LIFE. LIKE, STOCHASTIC TERRORISM AND FUCKIN' CULT MEMBERS DROPPING OUT OF THE SKY AND INTO HER NEIGHBORHOOD...
WOMAN HAS A FAMILY, FOR FUCK'S SAKE! NOT SAYING IT'S RIGHT, JUST THAT IT'S REALISTIC...
AND THEN SHE DROPPED THAT RULING WHICH SHIT ALL OVER THE PROCESS AND I REALIZED SHE WAS, LIKE, JUST ANOTHER CULT MEMBER...
And all of this took months to resolve, as the Justice Department kicked the case up the courts.
During which the special master got started on review...and then stopped...and then started again...and then stopped...
Finally, in December of 2022, a three-judge panel on the 11th Circuit agreed "with the government that the district court [Cannon's special master ruling] improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required"
I'm going to leave this here for now, as the 11th Circuit's ruling paved the way for Jack Smith's criminal case.
And oh lord, you effin' marmots, THAT is when shit starts to transcend BIZARRE and go into SHARK-PUNCHING SQUIRREL-FLINGING LEVELS OF WHACKADOO
All right.
Florida, Round 2. FIGHT!
There will be a Round 3 due to the length of this nonsense, but for now...enter Jack Smith.
On November 18, 2022, Jack Smith was appointed by Attorney General Garland to serve as the Special Counsel overseeing multiple areas of crime and/or criming in respect to the 2020 election.
https://www.justice.gov/d9/press-releases/attachments/2022/11/18/2022.11.18_order_5559-2022.pdf
Of relevance to THIS PARTICULAR INDICTMENT is Item C:
"The Special Counsel is further authorized to conduct the ongoing investigation referenced and described in the United States' Response to Motion for Judicial Oversight and Additional Relief, Donald J Trump v. United States, No. 9:22-CV-81294-AMC (S.D. Fla. Aug. 30, 2022) (ECF No. 48 at 5- 13), as well as any matters that arose or may arise directly from this investigation or that are within the scope of 28 C.F.R. § 600.4(a)."
Essentially, this is the phase of Jack Smith's investigation that looks at Trump's document theft and crimes and/or criming related to this theft.
On June 8, 2023, Trump was indicted on 31 separate counts relating to the mishanding of national defense documents. He was charged under the Espionage Act for "gathering, transmitting or losing defense information, which also includes refusal to return information that is demanded by the government."
https://www.cbsnews.com/news/espionage-act-trump-mar-a-lago-fbi-search-warrant/
What is the Espionage Act?
The Justice Department is investigating Trump for potential Espionage Act violations, according to a search warrant. What does it mean?
Trump is not alone. His former butler and body man, Walter Nauta, helped Trump in the coverup so he's got six charges against him for withholding evidence and making false statements.
Recently, a superseding indictment was filed for a third person...but we'll get to the Wet Server Room Incident later.
In a baller move which made Twitter enjoyable for a whole 36 hours, Smith unsealed the charging indictment. Not only is it a damning read but the photos are surreal, with bankers' boxes full of national secrets kept in a basement beneath large water and sewage pipes, on a ballroom stage, and in a bathroom with a chandelier which had recently given birth to a baby chandelier.
Photos from Trump indictment show boxes of classified documents stored in Mar-a-Lago shower, ballroom
Prosecutors noted that “tens of thousands of members and guests” visited the “active social club” of Mar-a-Lago between the end of Trump’s presidency in January 2021 through the August 2022 search.
But...
Smith has a reputation for playing it safe, for filing charges which are ironclad. There was a chance that if he filed against Trump in Washington D.C, then Trump's lawyers might get the case dismissed due to questions over where the document theft occurred versus where the document storage and mishandling occurred.
So Smith chose to file in Miami.
Which means...SHE'S BACK!!!
JUDGE AILEEN CANNON IS BACK, MOTHERFUCKERS!!!
NOT SNOW NOR SLEET NOR JUDICIAL REPRIMAND NOR PURE IGNORANCE OF THE LAW CAN KEEP HER DOWN!
(Part 3 of FL case coming tomorrow.)
https://www.nytimes.com/2023/06/10/us/politics/judge-aileen-cannon-trump-documents.html
Okie-dokie, Florida, Round 3!
I'm trying to keep this summary concise, but that means a lot of chronologically important events get flopped out of order. Here's a good timeline of what's happened in this case, and when it happened.
However, what this timeline leaves out are the many instances where Trump et al. attempted to cover up the crimes and/or criming.
So let's hit those notes because I promised whackadoo and this is where I shall deliver the whackadoo.
https://time.com/6286062/trump-classified-documents-investigation-timeline/
The Trump Classified Documents Investigation: A Timeline
The indictment brought by Special Counsel Jack Smith against Donald Trump marks the culmination of a two-year effort to figure out what government documents went with the former president when he left the White House — and whether any crimes were committed.
Whenever anybody talks about Watergate, you get that old saw where "It wasn't the crime, it was the coverup."
That's...uh...let's say it's extremely relevant to the Florida case.
Remember how the National Archives asked for the documents back? This isn't a new phenomenon. When people leave public service, they sometimes walk off with property that belongs to the archives.
For instance, Joe Biden recently found multiple boxes of classified documents in his garage.
https://www.cbsnews.com/news/biden-documents-marked-classified-wilmington-delaware-garage/
White House confirms second set of Biden documents found in his Wilmington garage
The Justice Department's review of the documents includes interviews with multiple witnesses, according to sources familiar with the situation.
So did Mike Pence.
However, when they found these documents, both Biden and Pence said, "Oops, my bad," and returned them to the National Archives (or other appropriate storage locations).
https://www.theguardian.com/us-news/2023/jun/02/mike-pence-classified-documents-no-charges
Trump, in contrast, did not.
Not only did he fail to return the documents when asked, there is a significant honkin' body of evidence which indicates that he selectively returned SOME documents, chose to keep OTHERS, and then lied and claimed to return them ALL.
This happened multiple times, and he brought in others to help him move and hide (legally, physically, and electronically) those documents he wanted to keep.
Jack Smith is having NONE of these shenanigans. They ALL went into the original charging indictment...and follow-up charges.
Yes, we're about to get to the wet server room, hold on.
Picture this: Bedminster. 2021.
Trump is speaking with two ghostwriters (or a ghostwriter and the publicist, I've heard it both ways) for Mark Meadows, his former Chief of Staff.
He pulls out a document "related to Iran and how to confront it militarily" (aka: an attack plan) and shows it off. He also brags about how he shouldn't have this since he's no longer POTUS.
We know this because there's a recording of the conversation.
https://www.cbsnews.com/news/trump-lawyers-pentagon-classified-documents-iran-recording/
This is not the only incident of its kind, and the rumors make their way back to the government that Trump is just, y'know, casually waving around top secret military documents to two randos he's entertaining in his New Jersey country club.
(I'm guessing there was also major concern about what he's saved to show to people he actually wants to impress.)
This kicks off the call-and-response of "can we get the documents back" and "sure here they are."
Except he didn't give the documents back, and lied about it to the point where he had lawyers sign off on documents.
One lawyer, Christina Bobb, "signed a sworn certification letter on June 3 that stated all classified materials being kept at Mar-A-Lago had been turned over to the government following a 'diligent search' to find all remaining documents, in compliance with a subpoena."
Of note is that Bobb did not write the letter herself.
"NBC and the Guardian report that letter was drafted by Trump attorney Evan Corcoran and not Bobb, who did not search for the documents at all herself, and Bobb told investigators she only signed it after insisting that it be rewritten to state she was swearing there were no more remaining documents 'based upon the information that has been provided to me.' "
Look, I'm not even an internet lawyer but that's ALL OF THE ALARMS.
ALL OF THEM.
And then there were the alleged dress rehearsals, where Mar-a-Lago employees would practice moving Trump's documents around to keep them out of the feds' hands.
https://www.washingtonpost.com/national-security/2023/05/25/trump-classified-documents-mar-a-lago/
(I am not sure how to square the circle where there were rehearsals to keep the documents safe versus how the documents were actually treated. See: photo of box kicked over with top secret files spilling out.)
But now...now we get to the Wet Server Room, where "an employee at Donald Trump’s Mar-a-Lago residence drained the resort’s swimming pool [in October 2022] and ended up flooding a room where computer servers containing surveillance video logs were kept."
Yes.
Yes.
Yes, that actually happened.
Why is this significant? Because with all of this back-and-forth over the documents, there's presumably video evidence of intentionally moving them, plus time stamps.
Now, if we were charitable, we'd all go excuse me, no, technology no longer works like that. Everyone knows about document recovery. Plus there's cloud storage backups! There's no way this was a real thing that was intended to be part of a crime.
Stop being suckers, folks.
On July 27, a superseding indictment was filed to add "a new defendant, Carlos de Oliveira, Trump’s property manager at his Mar-a-Lago property."
There are "voluminous texts between de Oliveira and Nauta immediately after Trump would have been informed of the subpoena for the server that points to the pair plotting, as well as documentation of respective phone calls between the two men and Trump."
https://slate.com/news-and-politics/2023/07/new-mar-a-lago-charges-against-trump-jack-smith.html
"On June 22, a Trump lawyer was informed that the grand jury was going to subpoena the security footage tapes. The next day, Trump talked by phone to de Oliveira for 24 minutes. The day after that the formal subpoena was delivered and Nauta [...] changed his travel plans, returning to visit Florida instead of travelling with Trump from Bedminster to Illinois. [...] The conversations between de Oliveira and Taveras about 'deleting the server' occurred first thing that Monday morning, June 27."
If you would like to read the new superseding indictment, it's here.
It is a hell of a thing, especially this paragraph, where Trump and Nauta "did knowingly and willingly falsify, conceal, and cover up by any trick, scheme, and device a material fact; that is--during a federal grand jury investigation and a federal criminal investigation being conducted by the FBI, [they] hid and concealed [...] continued possession of documents with classification markings."
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648654/gov.uscourts.flsd.648654.85.0.pdf
And this is where I'm ending the Florida case summary, as the trial date has been set for May 20, 2024.
Good morning and welcome to the summary for the third indictment. This is the big one, the one that most people think of when they think of Trump going to jail (at least until recently, as Georgia has been ON IT). Like the FL case, this is so involved that the summary will be in multiple parts.
On August 1, 2023, a grand jury indicted Trump "on charges stemming from his efforts to remain in power after he lost the 2020 presidential election."
https://www.cbsnews.com/news/trump-indicted-grand-jury-jan-6/
Trump indicted by grand jury in special counsel Jack Smith's Jan. 6 investigation
Former President Donald Trump has been indicted by a federal grand jury on charges stemming from his efforts to remain in power after losing the 2020 election.
"Trump faces four charges: conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights."
The two major elements of these charges are: fake electors and Jan 6, 2021.
This is an oversimplification, as these two elements are interwoven and this gets complicated, so bear with me.
https://www.cbsnews.com/news/trump-indicted-grand-jury-jan-6/
Trump indicted by grand jury in special counsel Jack Smith's Jan. 6 investigation
Former President Donald Trump has been indicted by a federal grand jury on charges stemming from his efforts to remain in power after losing the 2020 election.
This third case was filed in Washington D.C. (hereafter the DC case).
This has been called a "talking indictment" as it clearly states the arguments that the DOJ will make in court.
Of particular note is the statement addressing Trump's right to free speech:
"The Defendant had a right [...] to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won. He was also entitled to formally challenge the results of the election through lawful and appropriate means, such as by seeking recounts or audits of the popular vote in states or filing lawsuits challenging ballots and procedures."
What Trump DIDN'T have is the right to attempt to overturn the results of the election. The DOJ claims that Trump "perpetrated three criminal conspiracies" in his attempts to overturn the election.
The first is "A conspiracy to defraud the United States by using dishonesty, fraud, and deceit to impair, obstruct, and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government."
The second and third criminal conspiracies are:
"A conspiracy to corruptly obstruct and impede the January 6 congressional proceeding at which the collected results of the presidential election are
counted and certified ("the certification proceeding")."
and:
"A conspiracy against the right to vote and to have one's vote counted."
This charging indictment has been roundly praised as a tight, concise document that will focus the scope of the trial.
"The strength of the indictment is that it is very narrowly written,” said Ronald S. Sullivan Jr., a Harvard Law School professor and former public defender. “The government is not attempting to prove too much, but rather it went for low-hanging fruit."
One aspect of this narrow scope is that six others have been identified as co-conspirators but they have not been charged.
"It remains unclear whether some of them will eventually be indicted if they do not cooperate, or whether he intends to target only Trump so the case will move faster."
We'll get to these co-conspirators in the next update.
Good morning, let's talk alleged conspiracies and unnamed co-conspirators in the DC trial!
"Trump will be standing alone as he appears in court. This is despite the fact that federal prosecutors list six other individuals that they say served as crucial roles in this alleged conspiracy. The six unnamed allies have not been criminally charged or officially named by prosecutors."
https://www.npr.org/2023/08/03/1191587086/jan-6-trump-case-co-conspirators
Despite not being named, people gotta people and some people looked at the possible people who played significant roles in the attempts to overthrow the government, and quite easily put names to five of the six.
"The identity of the rest of the co-conspirators couldn't be immediately confirmed. However, information included in the indictment matches details of individuals who were key players in the former president's 2020 election campaign"
https://www.npr.org/2023/08/03/1191587086/jan-6-trump-case-co-conspirators
NUMBER ONE UNNAMED CO-CONSPIRATOR is, to no one's surprise, RUDY "THE DRIP" GIULIANI.
"According to the indictment, this person is described as 'an attorney who was willing to spread knowingly false claims and pursue strategies that the Defendant's 2020 re-election campaign attorneys would not' and is someone Trump appointed to 'spearhead his efforts going forward to challenge the election results.'"
https://www.cbsnews.com/news/who-are-the-co-conspirators-in-the-trump-indictment/
Who are the co-conspirators in the Trump Jan. 6 indictment?
The federal indictment doesn't identify the six co-conspirators, but their alleged actions — and sometimes their own words — possibly match these identities.
Aside from Trump himself, "the indictment mentions Giuliani 34 times, more than any other of the six co-conspirators identified in the indictment."
The indictment states Giuliani actively campaigned to overturn results in Arizona, Georgia, and Michigan, along with other extreme efforts to discredit the 2020 election. A Trump campaign official stated that "claims made by Giuliani and his team all "just conspiracy shit beamed down from the mothership.'"
NUMBER TWO UNNAMED CO-CONSPIRATOR is likely JOHN EASTMAN.
A "law professor and Trump legal adviser," Eastman is the yahoo who came up with the fake electors scheme in the first place.
He's also the dude who had the brilliant idea that "the vice president had the authority to unilaterally declare the winner of the presidential election."
https://www.cbsnews.com/news/who-are-the-co-conspirators-in-the-trump-indictment/
Who are the co-conspirators in the Trump Jan. 6 indictment?
The federal indictment doesn't identify the six co-conspirators, but their alleged actions — and sometimes their own words — possibly match these identities.
NUMBER THREE UNNAMED CO-CONSPIRATOR is likely SYDNEY POWELL.
I am...I'm just gonna quote my own Twitter thread about the Dominion/Fox trial on Powell.
"Remember Sydney Powell, the pro-Trump attorney who championed election lies on Fox? Her primary source on election fraud is a woman who engages in something like 'time-travel in a semi-conscious state.'"
https://www.npr.org/2023/02/20/1158223099/fox-news-dominion-wackadoodle-election-fraud-claim
Also from my old Twitter thread:
"Does it get better?
"Oh, it gets better.
"(same link as prior: 'Powell's source also volunteered that the wind tells her that she's a ghost, though she doesn't believe it.')
"But K.B. how much better can this get?
"Well, from Dominion's lawyers' perspective...hmmm.
"I'm not a lawyer myself so I don't know the technical term when the evidence is so good it's like getting orally pleasured by a unicorn and her twin sister."
( As those tweets were first posted in March 2023, we've since learned that the technical term when the evidence is so good it's like getting orally pleasured by a unicorn and her twin sister is "$787 million settlement." )
NUMBER FOUR UNNAMED CO-CONSPIRATOR is likely JEFFERY CLARK.
This person is described in the indictment as "a Justice Department official who worked on civil matters and who, with the Defendant, attempted to use the Justice Department to open sham election crime investigations and influence state legislatures with knowingly false claims of election fraud."
https://www.cbsnews.com/news/who-are-the-co-conspirators-in-the-trump-indictment/
Who are the co-conspirators in the Trump Jan. 6 indictment?
The federal indictment doesn't identify the six co-conspirators, but their alleged actions — and sometimes their own words — possibly match these identities.
Personally, I adore the Clark storyline in these wildly destructive criminal acts. He's an environmental attorney who basically nutted up one morning and barged into the White House to tell Trump about different legal options to overturn the election.
If you read no other sources in this thread, read this one. The entire article is quotes of people in the WH asking Clark "Why are you here?" and "You know this is illegal, right?"
https://www.axios.com/2022/06/23/trump-jeffrey-clark-fraud-jan6-hearing
NUMBER FIVE UNNAMED CO-CONSPIRATOR is lawyer Kenneth Chesebro.
I'm going to pause for a moment so we can all appreciate this moment of brilliance from Humble Internet Lawyer, Legal Eagle™
It's RICO in Georgia
God I lose my shit at the m'lady cheese every time.
Anyhow. Cheesebro took the fake electors scheme up to eleven, as the plan "was not to use the fraudulent electors only in the circumstance that the Defendant's litigation was successful in one of the targeted states — instead, the plan was to falsely present the fraudulent slates as an alternative to the legitimate slates at Congress's certification proceeding."
https://www.cbsnews.com/news/who-are-the-co-conspirators-in-the-trump-indictment/
Who are the co-conspirators in the Trump Jan. 6 indictment?
The federal indictment doesn't identify the six co-conspirators, but their alleged actions — and sometimes their own words — possibly match these identities.
NUMBER SIX UNNAMED CO-CONSPIRATOR is...we don't know.
The language in the indictment is vague enough so multiple persons could be plugged into the role.
https://www.cbsnews.com/news/who-are-the-co-conspirators-in-the-trump-indictment/
Who are the co-conspirators in the Trump Jan. 6 indictment?
The federal indictment doesn't identify the six co-conspirators, but their alleged actions — and sometimes their own words — possibly match these identities.
It's likely that the sixth co-conspirator is Trump advisor Boris Epshteyn.
"Epshteyn has previously admitted that he was involved in the process of selecting and propping up the 'alternate' — 'not fraudulent' — slate of pro-Trump electors in those states."
It's also known that Jack Smith's office has interviewed Epshteyn.
If it is Epshteyn, rumor has it that he's proper-fucked and not just for legal reasons. Everyone who knows him seems to hate him and wants him to suffer.
"People are dropping like flies. Everybody hates him. He's a toxic loser. He's a complete psycho," the source said. "He's got daddy issues, and Trump is his daddy."
And we'll just end today's update on that lovely note.
Let's see if I can wrap with this update, bc the Georgia summary will take AGES and I'm not able to post the daily news until the summaries are done...look, we've all learned by now that living through breaking history is exhausting.
Jack Smith is seeking to try Trump et al. on election interference and the impediment of the Jan 6 vote counting in congress.
But all of those unnamed co-conspirators seem to be connected to election interference.
So what about the people who helped Trump riot?
There are multiple people who helped promote the Jan 6 riot on the Capitol. Giuliani is one of these, but there are several others who have not only not been named, but the scope of the indictments don't appear to cover them at all.
https://www.inquirer.com/opinion/commentary/jan-6-stone-flynn-bannon-charges-20230820.html
There's also crossover between some of those who helped promote the riot AND helped push the false elector narrative.
Case in point, Roger Stone, who was in the Willard Hotel to choreograph the riot, has also been caught on tape stating that "the final decision as to who the state legislatures authorize the send to the electoral college is a decision made solely by the legislature."
There are also credible claims that members of congress helped pave the way for the riot. For example, "The House select committee investigating the Capitol attack revealed on Thursday that it had evidence to suggest certain 'reconnaissance tours' took place in the days before 6 January, potentially providing some rioters with a layout of the complex."
For that matter, there are also claims that members of congress--such as Jim "Human Goldfish" Jordan--actively helped push the lie that the election was stolen, and also took active steps to delay or overturn the results of the election.
Why haven't these others been charged, even as unnamed co-conspirators?
...we don't know. It's likely that Smith has kept the focus of the indictment as narrow as possible to ensure the charges will stick. He's got to explain all of this shit to a jury, after all.
Or there might be charges filed for each of these others, where they will be named and tried individually. We have yet to get to Mark Meadows or the Willard War Room.
As it stands, the trial has been set for March 4, 2024.
"U.S. District Judge Tanya Chutkan, who sits on the federal district court in Washington, said [...] that the proposed trial date put forth by federal prosecutors—for the proceedings to begin in January 2024—doesn't give Trump enough time to prepare."
Judge Chutkan has been KILLING IT in rulings which smack down Trump but we'll get to those in regular news updates later.
And this ends the DC trial summary.
https://www.cbsnews.com/news/trump-dc-trial-date-to-be-scheduled-judge/
Trump lawyers back in D.C. federal court as judge prepares to schedule trial date
The trial for Donald Trump's election-related case in Washington, D.C., could be the first of the former president's four pending criminal cases to go to trial.
Finally, as it's the end of the month, please remember this thread is a paid project. Thank you!!
Patreon - https://www.patreon.com/KBSpangler
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ko-fi - https://ko-fi.com/kbspangler
I really need to start on the Georgia case but there is
just
so
much
Georgia
that it's taking me forever to organize a straightforward summary.
I see why everyone builds their summaries around a bio of DA Fani Willis as a framing mechanism, but that puts undue burden on Willis by implying a protagonist role and that's unfair to her at best.
Sean Eric Fagan@KBSpangler So, funny story, I kept seeing the name "chesebro" and seriously thought it was referring to the fascist himself, due to is coloring, and was annoyed at divine cheese being associated with utter evil.
I am much happier now.