Reed MidekeApparently, there were bar complaints (unfortunately, links to actual complaint are broken) https://abq.news/stories/nm-attorneys-file-ethics-complaint-against-two-trump-lawyers-who-sought-to-dismiss-2020-election,8023
NM Attorneys File Ethics Complaint Against Two Trump Lawyers Who Sought to Dismiss 2020 Election Certification
A group of New Mexico attorneys has re-filed an ethics complaint with the Disciplinary Board of the Supreme Court of New Mexico asking it to investigate and discipline attorneys Mark J. Caruso and …
Add Craig D. Robertson to the list of people who got themselves killed directly due to believing Trump's bullshit https://www.cnn.com/2023/08/09/politics/fbi-utah-man-joe-biden/index.html
I wondered how the Freeman thing was tied to rest of the conspiracy, since Floyd and Kutti didn't seem like core Trump world people, but Act 127 connects them with Robert Cheeley (Trump lawyer) and Scott Hall (involved in coffee county voting machines)
@Pwnallthethings write up has a very helpful who's who
https://www.pwnallthethings.com/p/the-georgia-indictment
Also just want to note that in addition to facing various sanctions and bar discipline in multiple jurisdictions, the entire "Elite Strike Force" has now been indicted
Look Donny, I know some of your killjoy lawyers are probably trying to talk you out of it, but "the election was stolen, actually" is an *amazing* defense and you should definitely run with that… https://mastodon.social/@w7voa@journa.host/110894023788245858
Hunter Walker has some deep reporting on TPM about the Freeman episode. Turns out Kutti and Floyd were both pretty directly hooked into Trump world as well. Plus a cameos by Mike Lindell and a Trumpy Canadian weed startup
https://talkingpointsmemo.com/news/trevian-kutti-harrison-floyd-steve-lee-fani-willis
https://talkingpointsmemo.com/news/trevian-kutti-harrison-floyd-steve-lee-fani-willis
"Trump supporters post names and addresses of Georgia grand jurors online"
Who could have predicted ? (me, for one https://mastodon.social/@reedmideke/110891481232943798)
Also going to hang over trial jurors that they'll be targets for life if they convict
As predicted, killjoy lawyers are at work trying to dissuade Donald from his "election was stolen, actually" media defense 🍿 (unlike Donald, they probably recognize that Fani Willis will be perfectly happy to have even more obvious lies on the record) https://abcnews.go.com/US/trumps-legal-advisers-urge-cancel-press-conference-refute/story
One reason I suspect prosecutors and judges are going to be fairly laid back about Trump's trash talk: A bunch of his followers will be threats no matter what he says, so him ranting generally about how terrible he thinks a judge is doesn't change the security situation much https://www.nbcnews.com/politics/justice-department/woman-arrested-allegedly-threatening-federal-judge-trump-election-case-rcna100320
Same for high profile, public figure witnesses like Pence. Trump's fans already rioted to chants of "hang Mike Pence" so additional ranting about Pence probably isn't gonna move the needle that much for the fans or Pence himself
Doesn't mean he won't eventually cross a line, suspect attacks on jurors or witnesses who aren't high profile political figures will get a swift reaction. But unless it's really blatant, IMO there will be escalating warnings, and if/when he finally does go too far, they'll have a mile of receipts on the record
To be clear, this is all minimally-informed speculation / prediction on my part, put up to age for later evaluation
Boo, killjoy lawyers have won this round, though apparently at the expense of promising to put his "irrefutable" election fraud proof in court filings
(spoiler alert: it ain't and they won't)
https://twitter.com/GarrettHaake/status/1692328029840617515
(spoiler alert: it ain't and they won't)
https://twitter.com/GarrettHaake/status/1692328029840617515
Garrett Haake on Twitter
“Trump says, on the advice of his lawyers, his “irrefutable” Georgia election fraud report will be put with a future legal filing, so he’s canceling the news conference he had planned at Bedminster on Monday to unveil it. Allies & attorneys had been uneasy about this event”
Hugo Lowell reports "per ppl familiar, both lawyers and advisers balked — lawyers bc it would cause problems in court, aides bc it was an idea solo pitched to him by a comms person"
Wonder what the "proof" is, some Mike Lindell hallucination?
Hugo Lowell on Twitter
“New: Trump says Bedminster event to show supposed election fraud in GA is cancelled bc it will be in legal filings. But per ppl familiar, both lawyers and advisers balked — lawyers bc it would cause problems in court, aides bc it was an idea solo pitched to him by a comms person.”
Georgia-indicted Trump attorney Kenneth Chesebro "followed Alex Jones around Capitol grounds on January 6th" https://www.cnn.com/2023/08/18/politics/kfile-kenneth-chesebro-followed-alex-jones-capitol-riot-jan-6/index.html
Ryan Goodman points out that Trump's Georgia bail order (https://s3.documentcloud.org/documents/23921620/23sc188947-consent-order.pdf)
1) Is very specific about potential witness intimidation
2) Is tailored specifically for him, since Eastman's has much more generic language
#5 also seems potentially risky for Trump. Are social media posts or campaign rally rants about the the facts of the case indirect communications?
Good news / bad news, John Eastman edition:
Good news: Judge in his CA bar discipline proceeding is very accommodating of his schedule
Bad news: He needs the accommodation to surrender on felony charges in GA relating to the same conduct as the bar discipline
https://twitter.com/meghanncuniff/status/1693774530744103031
Good news: Judge in his CA bar discipline proceeding is very accommodating of his schedule
Bad news: He needs the accommodation to surrender on felony charges in GA relating to the same conduct as the bar discipline
https://twitter.com/meghanncuniff/status/1693774530744103031
Meghann Cuniff on X
John Eastman’s a busy guy, with both his state bar hearing in LA and his surrender on his Georgia criminal indictment scheduled this week. Fortunately for him, Judge Roland is accommodating. No hearing tomorrow or Wednesday so he can surrender in Georgia. Back in LA Thursday.
Gotta be a fake posted by some hashtag resistance grifter right? I mean, kinda weird Ben of all people would fall for that but…
nope. It's real.
https://twitter.com/oneunderscore__/status/1693809658341777668
Incidentally while confirming that post is real, I noticed the first google result that links to truth social is not the home page, it's his profile
Unclear whether intended or merely a side effect of that being by far the most linked page
CREW #FOIA'd Secret Service emails showing chummy communication's with Oath Keepers founder (and convicted 1/6 seditionist) Stewart Rhodes https://www.citizensforethics.org/reports-investigations/crew-investigations/emails-reveal-secret-service-contacts-with-oath-keepers/
We may recall the Jan 6 committee discovered that USSS "accidentally" wiped a bunch of agents phones as part of a "planned upgrade" right around the transition https://twitter.com/reedmideke/status/1549532261397061632
In other news, Fani Willis ain't havin of any of Jeffery Clark's bullshit
"As inconvenient as modern air travel can admittedly be, whatever nuisance involved in the defendant securing a flight to Atlanta within the window provided is self-evidently insufficient justification to invoke this Court’s authority to enjoin a State felony criminal prosecution"
https://www.documentcloud.org/documents/23925189-ndga_1_23-cv-03721-scj_8_0
Both Clark and Meadows get a big ol NOPE in their attempt to get a federal court to block their Georgia arrests https://www.politico.com/news/2023/08/23/georgia-trump-racketeering-case-state-court-00112480
Turns out Harrison Floyd (of the Ruby Freeman saga) was charged with assaulting FBI agents who attempted to serve him a grand jury subpoena #GiftArticle https://wapo.st/3KS7Uc4
@emptywheel wrote up Harrison (Willie) Floyd's weirdly inactive assaulting the FBI case. He has since been booked in Georgia and reportedly did not make bail (https://twitter.com/Phil_Lewis_/status/1694793111715860829) https://www.emptywheel.net/2023/08/24/willie-floyds-curiously-inactive-docket/
Meanwhile, AJC confirms "Trump is working with a local bonding company to cover his $200,000 bail" … leaving us with a non-zero chance some local bondsman will hunt FPOTUS down if he breaches the terms
https://twitter.com/TamarHallerman/status/1694840991277080909
https://twitter.com/TamarHallerman/status/1694840991277080909
Everyone deserves access to competent legal counsel but, also, LOL "A legal-defense fund set up by friends to raise $5 million for [Giuliani] in 2021 took down its website after raising less than $10,000" https://www.nytimes.com/2023/08/19/us/politics/giuliani-trump-legal-finances.html
Floyd says he's "already here on federal pretrial supervision" implying his stalled assaulting the FBI case is still unresolved. Also uh "Speaking to the judge without representation" seems like a poor plan but maybe consistent with his response to the FBI agents
"Floyd said he had requested a public defender and was denied… The judge informed him he could hire legal representation if he doesn't qualify for a public defender … Floyd said he believed it would cost him tens of thousands … he could not afford to go into such debt as he takes care of his daughter"
No idea what his situations is, but this is a real problem… people who will inevitably need assistance have to go completely broke to qualify for it, and end up needing even more assistance
No idea what his situations is, but this is a real problem… people who will inevitably need assistance have to go completely broke to qualify for it, and end up needing even more assistance
John Eastman's bid to delay his CA bar proceeding due to being named as an unindicted conspirator in DC and indicted in Georgia is denied https://www.documentcloud.org/documents/23927615-sbc-23-o-30029-ruling-on-motion-denied
Shade: "Given his standing as an attorney and constitutional scholar, his prior deposition before the January 6 Committee, and his appearance before the Fulton County grand jury, it is clear that Respondent is acquainted with exercising his Fifth Amendment privilege. Nevertheless, he chose to go ahead with the trial in this instance without utilizing those rights or pursuing a delay in the proceedings"
10/10 parenthetical
"Trump vows to appeal his [Federal Jan 6] trial date. (It is not appealable) and once against attacked Judge Chutkan"
Trump's lawyers: Trials should be delayed until after the campaign, let the people decide!
Also Trump's lawyers: "This man’s liberty and life is at stake … He’s no different than any American"
https://www.politico.com/news/2023/08/28/trump-trial-date-election-subversion-2020-00113186
Also Trump's lawyers: "This man’s liberty and life is at stake … He’s no different than any American"
https://www.politico.com/news/2023/08/28/trump-trial-date-election-subversion-2020-00113186
Chutkan grants them the latter point, though perhaps not in the way they wanted:
"She compared him to a professional athlete facing criminal charges, saying it would be “inappropriate” to schedule a trial around that athlete’s schedule."
“Setting a trial date does not depend and should not depend on the defendant’s personal and professional obligations … Mr. Trump, like any defendant, will have to make the trial date work regardless of his schedule.”
Harrison Floyd makes bail. Seems his problem was basically down to failing to navigate the bureaucracy, illustrating
1) the shittiness of the system
2) if you're indicted for multiple felonies, at least talk to a lawyer before walking into the jail to surrender https://www.washingtonpost.com/politics/2023/08/29/floyd-trump-georgia-election-charges/
1) the shittiness of the system
2) if you're indicted for multiple felonies, at least talk to a lawyer before walking into the jail to surrender https://www.washingtonpost.com/politics/2023/08/29/floyd-trump-georgia-election-charges/
In the Freeman / Moss civil case, Rudy #Giuliani joins Alex Jones in the exclusive club of people who obstructed discovery blatantly enough to lose a defamation suit by default judgement
Most default judgements go to people who just don't show up. Jones managing the level fuckupery required despite having tons of money and real lawyers is perhaps unsurprising, but one might expect Giuliani, whose career included being the 3rd most senior person in DOJ and US attorney for SDNY, to do better…
A fact not lost on Judge Howell: "The fact that Giuliani is a sophisticated litigant with a self-professed 50 years of experience in litigation — including serving as the U.S. Attorney for the Southern District of New York — only underscores his lackluster preservation efforts"
Also, TFW you're dumber than OANN: "One America’s owners settled with the two women last year for an unspecified amount, but the litigation has continued against Giuliani"
One thing that strikes me in this excellent report on Meadows Georgia hearing from Anna Bower: Meadows reportedly insists the infamous Georgia call was intended to “get things off the president’s plate” so the administration could focus on the “peaceful transfer of power” ahead of Jan. 6
… is ANYONE buying that?
https://www.lawfaremedia.org/article/mark-meadows-takes-the-stand
… is ANYONE buying that?
https://www.lawfaremedia.org/article/mark-meadows-takes-the-stand
I mean, the Trump team infamously obstructed the transition process, to a degree not seen in any modern administration, and it's not like any sane person thought the outcome actually hinged on Georgia by Jan 2
Add Willis' team to the list of those not buying Meadows "I was just trying to facilitate a peaceful transfer of power" line: "The defendant also repeatedly insisted he was merely “trying to land the plane” and achieve “a peaceful transition of power,” a statement clearly belied by his participation in the Trump campaign’s attempts to overturn the outcome of Georgia’s election" https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/#entry-66
Random IANAL thoughts about the denial of Meadows removal:
1) Judge Jones is pretty clear removal of a RICO conspiracy is relatively uncharted territory
2) Meadows "CoS job includes organizing meetings and calls, so the meetings and calls were official federal duties" sounds reasonable on the surface, but as Jones points out, Meadows wasn't just managing the call, he was actively arguing election stuff https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/#entry-69
1) Judge Jones is pretty clear removal of a RICO conspiracy is relatively uncharted territory
2) Meadows "CoS job includes organizing meetings and calls, so the meetings and calls were official federal duties" sounds reasonable on the surface, but as Jones points out, Meadows wasn't just managing the call, he was actively arguing election stuff https://www.courtlistener.com/docket/67694389/the-state-of-georgia-v-meadows/#entry-69
Willis plans to compel Alex Jones, a strong candidate for the world's least reliable witness, to testify in the Georgia Jan 6 case against Chesebro. He says he'll take the 5th, which might be the smartest thing he's done taking the 5th in front of the Jan 6 committee https://www.politico.com/news/2023/10/10/alex-jones-trump-georgia-testimony-00120807
NYT confirms Sidney Powell's plea surprised team Trump. Also notes that Powell could be a problematic witness (a strong contender for second least reliable in this case after Jones, IMO) and raises but doesn't really answer what the plea means for her status as an unindicted conspirator in Jack Smith's federal 1/6 case
LOL, Willis flipped The Cheese too? He should be a much less problematic (for Willis) witness than Powell, and particularly bad news for Clark and Eastman https://themessenger.com/politics/trump-kenneth-chesebro-guilty-plea-georgia
As Klasfeld also notes, there will no longer be a separate early trial:
https://twitter.com/KlasfeldReports/status/1715407442924671388
Would love to see an informed #LawFedi take on how the plea deals in Georgia are likely to interact with Smith's case. Powell and Chesebro are pretty major characters in the federal indictment
Thing to watch: Having already been fined and threatened with jail for breaking the NY gag order, will Donald manage to keep his mouth shut about Powell and Chesbro?
https://lawandcrime.com/trump/trump-slapped-with-fine-for-violating-gag-order-in-civil-fraud-trial-warned-about-imprisonment/
https://lawandcrime.com/trump/trump-slapped-with-fine-for-violating-gag-order-in-civil-fraud-trial-warned-about-imprisonment/
So, we have Trump's first reaction to Powell flipping, which is apparently… he wants the world to know attorney client privilege and advice of counsel don't apply to anything involving Powell?
(he's presumably free to argue in court that his current public statements are lies) https://themessenger.com/politics/trump-sidney-powell-attorney-plea-deal-georgia-jack-smith
Hugo Lowell takes a look at possible implications of Chesebro's plea in Georgia on the federal case. Still no indication what Smith's team plans to do, but seems very unlikely to be "nothing"
Also interesting Trump's lawyers are going around saying if Powell and Chesebro "testify truthfully" the flips are good for their case… could just be general spin, but I wonder if it's more aimed at managing the client's reaction
@pbump points out that Chesebro's lawyer claims he *never* believed the election was stolen, which would seem to make his attempts to flip it for Trump even more blatantly criminal than someone like Powell, who perhaps genuinely (if delusionally) believed zombie Hugo Chavez used Italian spy satellites to flip votes https://wapo.st/473v7AS
Meadows reportedly cooperating in the federal 1/6 case… will he be next in line to take a deal in Georgia? (edit: or not, see below) https://www.cnn.com/2023/10/24/politics/mark-meadows/index.html
Ellis makes 3/4 of the "elite strike force" flipped https://apnews.com/article/jenna-ellis-plea-deal-georgia-election-case-c4dbacd3e4bbb5415ebd3d42d8fa3128
Jenna Ellis pleads guilty in Georgia Trump election case
Donald Trump’s lead attorney in the 2020 Georgia election case against him is using another attorney’s guilty plea to cast doubt on the legitimacy of the racketeering charges brought against all 19 defendants. Trump attorney Steve Sadow says it's the fourth time Fulton County District Attorney Fani Willis has dismissed the racketeering charge “in return for a plea to probation." Attorney Jenna Ellis pleaded guilty Tuesday to a felony over efforts to overturn Trump’s election loss in Georgia. The Florida resident is the fourth defendant in the case to enter into a plea deal with prosecutors. Prosecutors say Ellis helped other lawyers as they lied to Georgia lawmakers.
Caution the Meadows "scoop" may have been overplayed and just refer to limited immunity for grand jury testimony: https://twitter.com/openargs/status/1716946708687630745
Opening Arguments on X
PLEASE be careful as you're reading this story; we're going to discuss on the show tomorrow, of course. But the "immunity" referred to here is immunity for *testifying* before the DC Grand Jury, which occurred back in June. There's no evidence Meadows has gone Michael Cohen.
Better reporting of the #Meadows immunity deal from Guardian Trump crimes beat reporter Hugo Lowell
https://www.theguardian.com/us-news/2023/oct/24/trump-chief-of-staff-mark-meadows-2020-election-case-immunity
https://www.theguardian.com/us-news/2023/oct/24/trump-chief-of-staff-mark-meadows-2020-election-case-immunity
Liz Dye brings more than you ever wanted to know about failed traffic court prosecutor / self proclaimed professor of constitutional law / Georgia first time felony offender Jenna Ellis
https://www.publicnotice.co/p/jenna-ellis-guilty-plea-statement-biography
https://www.publicnotice.co/p/jenna-ellis-guilty-plea-statement-biography
