2/ Chutkan: So at this point, you wouldn’t anticip proffering any actual evidence. It would be written submissions & if I feel like I need further evid we would discuss that? 

Govt.:Correct. At conclusion of briefing we can have that discussion or court can order hearing or witness testim. We have begun writing opening brief, but anticip it wd take about 2-3 wks to complete.

We want to leave the date to court’s discretion, but a deadline for the government’s brief in late Sept would be good

3/ I’m posting these out of order.

Klasfeld:

Lauro calls the prosecution's proposal "enormously prejudicial" to Trump.

After Lauro claims that SCOTUS found Trump's conversations with Pence were official, Chutkan cuts him off: "No, I would have to disagree with you. They have sent it back to me to figure that out."

4/ Pagliery with color as always:

It's too bad I can't take any pictures
to analyze.

Trump defense lawyer Todd Blanche always wears incredibly tight suits, and fellow attorney John F. Lauro has his jacket cut so tight the sides are straining.

5/ Via Zoe Tillman:

Chutkan: Good morning, it's been almost a year. (she quips that Trump lawyer John Lauro looks "rested")

Lauro responds to the effect of, life was almost meaningless without seeing you

Chutkan: "Enjoy it while it lasts"

6/ Josh Gerstein with the short version of this convo:

John Lauro is scrapping now a bit with Chutkan about the schedule. He says is a deeply unfair to use an "asymmetrical" process where the government goes first.

7/ Via Klasfeld:

The defense argues that Chutkan should find Trump's conversations with Pence official as a matter of law, but Chutkan says that she risks "reversal" if she does so in light of the SCOTUS ruling.

Chutkan (wryly): "I mean, I'm risking reversal no matter what I do."

Chutkan notes that SCOTUS ordered her to resolve the remaining immunity issues "forthwith."

She presses Lauro on why the defense is asking her to review their other motions first.

8/ Phang:
Chutkan to Trump lawyer, John Lauro: If I give the special counsel the time they’re asking for, the three weeks, why can’t you discuss discovery that you haven’t been given that relates to immunity?

“We can all walk and chew gum at the same time.”

Lauro: We need everything that we’re entitled to before we address these issues. The Supreme Court has already decided that the conversations between Trump and Pence is an official act.

Chutkan: Respectfully I disagree.

9/ Phang:

Chutkan: One of the things I have to decide is whether based on facts presented to me by the government if those conversations are outside the bounds of immunity.

“How do they overcome it without an evidentiary proffer?"

10/ Phang:
Chutkan: So you want witnesses and testimony and cross examination?

Lauro: Ultimately we do want that. But first we have to deal with these issues.

We want a process where we’re entitled to full and fair discovery and then we go first and argue our motion to dismiss.

“We feel your honor is going to dismiss this indictment after you hear from us in our motion papers."