I don't know who is worse Tish James up in NY or Fani Willis in GA. Bot these women suffer deep with TDS and both seem to not be able to read the writing on the wall that their b/s lies and games are over and it's time to call it a day and move on.
They literally are breaking laws to do what they're doing to Trump and what they don't understand is when Trump is sworn in they're FUCKED! So if they're smart which they're not they would just drop it all issue an apology and WALK AWAY... But these are what we call "DUMB HOOD RATS" who were put in a position to do harm to not just Trump but the entire country and whoever they wanted to mess with.
But looks like the tide is turning as a Fulton County Superior Court has issued a default judgment against District Attorney Fani Willis for refusing to turn over records that could document her collusion with the J6 committee and Special Counsel Jack Smith.
The court order states: "By finding the Defendant in default, the Court has effectively declared that she violated the ORA [Open Records Act]. The Court further ORDERS the Defendant to conduct a thorough search of her records for responsive materials within five business days of this Order's entry."
"Within the same five-day period, the Defendant is ORDERED to provide the Plaintiff with copies of all responsive records that are not legally exempt or excepted from disclosure. If the Defendant must or chooses to withhold any portion of a requested record, she is instructed to adhere to the procedures outlined in the ORA." However, the Fulton County D.A. claims that such records don't exist, potentially putting her at legal risk of perjury and obstruction of justice.
The court makes it clear that it has substantive reason to believe Willis is withholding records: "Defendant is further ORDERED to provide an explanation why such correspondence does not exist in Defendant’s records (or why it is being withheld)."
However, if Willis does turn over the records, it could provide proof of a criminal conspiracy. Oh, the irony.
Mean while in NY this moron fat woman who thinks she's above the law AG Letitia James is still in LALA Land thinking she's going to take Trump down... She now is get this folks! She's vowing war?
New York attorney general Letitia James vows war on Trump in hostile press conference https://t.co/BKA9AMtxyj
She ran on getting Trump by any means! She's an idiot who is trying to make a criminal out of Trump with a crime that doesn't exist! She continues even tho she's lied over and over and it's been seen on video.
Both Fani and Letitia are lunatics. But my god it's amazing how these people just won't give it up. The mentality shows that they don't get it still or what's the deal? The writing is on the wall as soon as Trump is in office he will make all this junk just go away if they don't step down.
To talk about going to WAR with a President? Who the hell do these idiots think they are? They talk about not letting someone be above the law and yet they break the law, and they're all acting nonstop like they're above the law.
Don't know about you folks but Trump was wrong about one thing! I will never get tired of seeing our side win! LOL Now hear this! The Judge grants Jack Smith request to dismiss Jan. 6 charges against Trump... After the appeal was dropped in the Florida docs case Trump says lawfare against him was a 'political hijacking,' but says he 'persevered against all odds, and WON' So yes he did as now a judge has dropped again all the charges against President-elect Donald Trump in the D.C. case against him, following a request that Special Counsel Jack Smith made on Monday.
The decision concerns the investigation into the Jan. 6 U.S. Capitol breach. Fox News Digital previously learned of Smith's request earlier on Monday. "The Government has moved to dismiss the Superseding Indictment without prejudice," U.S. District Judge Tanya Chutkan wrote in a decision. "Defendant does not oppose the Motion…and the court will grant it." Jack also filed a motion to drop his appeal in his classified records case against Trump a case that was tossed in July by federal Judge Aileen Cannon.
Jude Cannon ruled Smith was unlawfully appointed as special counsel. The moves come after Smith had already filed a motion to vacate all deadlines in the 2020 election interference case against Trump in Washington, D.C. a widely expected move, but one that stopped short of dropping the case against Trump completely. Smith had said his team planned to give an updated report on the official status of the case against Trump on Dec. 2. Trump pleaded not guilty to all charges in the case and took the fight to the U.S. Supreme Court, arguing on the basis of presidential immunity. The high court ruled that Trump was immune from prosecution for official presidential acts, forcing Smith to file a new indictment. Trump pleaded not guilty to those new charges, too. Trump's attorneys have been seeking to have the election interference charges dropped in Washington, D.C., alleging that Smith was appointed unlawfully.
"The American People re-elected President Trump with an overwhelming mandate to Make America Great Again. Today’s decision by the DOJ ends the unconstitutional federal cases against President Trump, and is a major victory for the rule of law," Trump spokesman and incoming White House communications director Steven Cheung said in a statement. "The American People and President Trump want an immediate end to the political weaponization of our justice system and we look forward to uniting our country." Trump pleaded not guilty to all charges stemming from both of Smith’s investigations.
Smith is expected to resign as special counsel before Trump takes office. Trump posted to his Truth Social Monday afternoon that the cases against him "are empty and lawless and should never have been brought." "These cases, like all of the other cases I have been forced to go through, are empty and lawless, and should never have been brought. Over $100 Million Dollars of Taxpayer Dollars has been wasted in the Democrat Party’s fight against their Political Opponent, ME," Trump posted. "Nothing like this has ever happened in our Country before." Although the case will still go forward for Trump’s two co-defendants, valet Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira, the order satisfies Smith’s request to terminate an appeal in the case as it concerns Trump. In both cases, Smith cited Trump’s upcoming inauguration and Department of Justice guidelines that prohibit the prosecution of sitting presidents. Smith also moved to dismiss Trump’s election meddling case without prejudice. Smith was contesting Judge Aileen Cannon’s decision to dismiss the case in the classified materials case, which found that the special counsel had been appointed illegally.
Liberals clung to hope that the appeal would be successful, claiming that Judge Cannon’s decision counters 50 years of prior rulings regarding special counsel regulations, and the court has previously reversed one of her decisions. “Nonetheless, it brings to an end for Trump a serious case focused largely on his conduct after leaving the White House. It was potentially the stronger of Smith’s two cases after a Supreme Court ruling that determined former presidents retain broad immunity for their conduct while in office. Prosecutors brought both Espionage Act and obstruction of justice charges against Trump after he repeatedly refused requests to return White House records, including defying a subpoena,” The Hill reported.
Trump said "state Prosecutors and District Attorneys, such as Fani Willis and her lover, Nathan Wade (who had absolutely zero experience in cases such as this, but was paid MILLIONS, enough for them to take numerous trips and cruises around the globe!), Letitia James, who inappropriately, unethically, and probably illegally, campaigned on ‘GETTING TRUMP’ in order to win Political Office, and Alvin Bragg, who himself never wanted to bring this case against me, but was forced to do so by the Justice Department and the Democrat Party."
🚨 11th Circuit Court of Appeals has agreed to drop President-elect Trump’s classified documents case in Florida pic.twitter.com/lTsKthn5FB
Trump reportedly has a plan in place to fire the entire team of Jack Smith, including the prosecutor himself, and investigate the results of the previous election in which he was defeated by President Joe Biden. The president-elect plans to even get rid of the career attorneys who are typically protected from political retribution, The Washington Post reported. Trump “wants to clean out ‘the bad guys, the people who went after me,’” a source close to the president-elect said. The special prosecutor’s team consists of dozens of attorneys, FBI agents, and staff who were likely assigned to the cases and did not choose to be on his team, the report said. “President Trump campaigned on firing rogue bureaucrats who have engaged in the illegal weaponization of our American justice system, and the American people can expect he will deliver on that promise,” Karoline Leavitt, the press secretary for the president-elect, said to The Post.
“House Republicans previously told Justice Department officials that anyone who had worked on the Trump cases with Smith should preserve all of their communications in a move that signaled that Smith, among others, could be targeted by congressional investigators,” the report said. “Trump also apparently plans to use the DOJ to investigate the 2020 election in which he lost to President Joe Biden but has continued to claim that his loss was due to widespread cheating. Many investigations have found no proof of the widespread voter fraud Trump and his GOP allies claimed,” it said. Smith is likely to step down from his position after ending his cases against President-elect Donald Trump, according to reports. A Justice Department source told CNN that Smith is in talks with DOJ leaders about how best to wind down the Jan. 6 case as well as an appeal of U.S. District Judge Aileen Cannon’s ruling over the summer to throw out his classified documents case against the soon-to-be 47th president.
“Trump has threatened to fire Smith, but Smith expects to be gone before Trump takes office,” CNN reported. “The talks between Smith and DOJ leaders extend beyond Trump’s criminal cases to questions about what to do with other defendants in the classified documents case as well as the special counsel’s office and what happens to its budget and staff,” the outlet continued. Smith is required to submit a report on his work to Attorney General Merrick Garland. It remains unclear whether the timing of Smith’s departure will be affected if the report needs to be reviewed and approved by the intelligence community, according to sources familiar with the discussions, CNN said. Smith is working to finalize the report before Trump takes office, as Garland will need to approve it and decide whether any part of it will be released publicly, one source said. The New York Times was the first to report Smith’s plans to resign from his post.
As president, Trump is afforded protections against prosecution that he didn’t have as a private citizen. Longstanding Justice Department policy dictates that a sitting president cannot be prosecuted for crimes, and a Supreme Court ruling this summer confirmed that Trump has “absolute” immunity from prosecution for actions taken within his core constitutional powers as president, CNN said. Before his departure, Smith will need to determine how to resolve the two criminal cases he initiated against Trump. In Florida, Smith has appealed Cannon’s decision to dismiss the classified documents case, which found that Smith was unconstitutionally appointed as special counsel and that the funding for his office also violated the law. In Washington, D.C., Smith’s team is moving forward with the criminal case accusing Trump of orchestrating a conspiracy to overturn the 2020 election following the Supreme Court’s ruling on presidential immunity, CNN noted.
The U.S. Supreme Court on Friday denied Jack Smith’s motion to expedite the review of the question of whether or not former President Trump is immune from prosecution in the federal case involving interference with the 2020 presidential election. The federal 2020 election trial may go beyond its currently planned start date of March 4 as a result of the high court’s decision. Earlier this month, Smith requested that the Supreme Court decided swiftly whether Donald Trump who is the Republican presidential frontrunner is totally immune from prosecution for so called crimes committed during his presidency.
This assertion has been pivotal to the defense strategy of Trump’s legal team. Following U.S. District Judge Tanya Chutkan’s rejection of arguments claiming immunity from the indictment, it sought a stay on proceedings. The appeal is currently pending, so the case’s proceedings have come to a halt. Wednesday, attorneys for former Attorney General Ed Meese and two of the top constitutional scholars in the country filed a brief arguing that the U.S. Supreme Court must reject Smith’s petition against Trump because his appointment as special counsel is unconstitutional.
Their amicus brief contends that Smith’s representation of the United States in his petition for certiorari to the Supreme Court is invalid due to his lack of authority. This is because Congress has not established the position he holds, and his appointment is in violation of the Constitution’s “Appointments Clause.” The filing alleges that U.S. Attorney General Merrick Garland made an improper appointment of Smith to a non-existent office, for which Garland lacks the necessary authority, Breitbart noted. Meese, Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a renowned constitutional law professor, contend that Congress alone has the authority to create federal positions like the one Smith is currently holding, and Congress has not used this power.
Although the Constitution establishes the positions of President and Vice President, Congress possesses exclusive authority to establish additional positions, as the Constitution stipulates that such positions must be “established by law.” The Congress had previously enacted legislation to grant authorization for a comparable role known as “independent counsel.” However, this statute lapsed in 1999. The lawyers claim that Garland is unable to assign a subordinate to perform tasks that Congress has not approved. Only an individual with the title of “officer” possesses the requisite level of authority.
While establishing the Department of Justice, Congress granted it specific powers through legislation. However, it did not authorize any office with the same level of authority as a U.S. Attorney, which Garland has bestowed upon Smith. The amicus brief further argues, “Even if one somehow thinks that existing statutes authorize the appointment of stand-alone special counsels with the full power of a U.S. Attorney, Smith was not properly appointed to such an ‘office.’” They contend that even if Congress authorized special counsels, anyone holding such authority would require presidential nomination and Senate confirmation.
Additionally, the brief contended that Smith’s authority is comparable to that of a U.S. attorney, as he is a “principal officer” according to the Appointments Clause of the Constitution. This means that confirmation by a majority of the U.S. Senate is mandatory following his nomination by the president. “Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos,” they write. While the primary focus of these briefs is to argue against the Supreme Court granting Smith’s petition to transfer the case to the high court, their reasoning would require lower federal courts to dismiss Smith’s entire portfolio of prosecutions, including all pending charges against Trump.
During the presidency of Ronald Reagan, Meese served as Attorney General. Congress’s approval of independent counsel played a significant role during this time. Alina Habba, an attorney representing former President Donald Trump’s Save America PAC, is slamming Special Counsel Jack Smith for moving quickly to have the U.S. Supreme Court consider the federal criminal case involving the 2020 election and Trump’s immunity defense. The indictment accuses Trump of participating in criminal conspiracies to alter the outcome of the 2020 presidential election. Trump has sought to dismiss the charges by claiming that he has presidential immunity.
Smith has raised the matter with the nation’s top court, stating that it should be addressed before the D.C. Circuit’s decision and referencing the upcoming March 4 trial date for Trump. With the Supreme Court’s approval, Trump is now required to reply by December 20. After that, they will determine whether or not to accept the case. “There is some sort of real sense of urgency,” Habba said in an interview. “The only urgency that I can see is that there is an election in November 2024, and they can’t beat him.”
Habba said “everyone can see” what Smith is doing and said it “is election interference at its finest.” “They can’t beat him in the ballots, so they’re going to have to either, you know, lie, cheat, steal, or the newest, law fare, put him in jail, and tie him up,” she told Fox Business Network’s Larry Kudlow. Kudlow suggested that since Trump would have to sit in trial every day for the case, they don’t want him on the campaign trail.
Habba agreed and said, “It’s playing against them.” “He’s getting a lot of voters that he normally wouldn’t get because they’re seeing this and he is the victim of, all of a sudden, they’ve made him a victim of complete and utter election interference and law fare,” she said. Habba said she has faith in the Supreme Court because they “really take their office seriously, and we’ve seen that time and time again with that, especially recently.”
Trump attacks back the crooked judge in NY fake fraud case who fined him $15,000 for speaking in public and defending himself as the left sling lies, and JOE BIDEN keeps using his White House and administration to target Trump the main rival the liberals all have as the majority of the country has now become TRUMP supporters and the left is in full panic mode.
The deomocrats ships started to crumble with people months ago even with themselves helping to cover the bad deeds they do. Like the one time Jamaal Bowman pulled a fire alarm in the Cannon House Office Building to stop the House that was scheduled to vote on a government funding bill, an incident the New York Democrat said was an "accident." IF That was any Republican like Trump or someone who supported him well the news coverage would have been insane and the liberal left would try to have him jailed for the rest of time.
This is why people know the left has it fixed! He did something which the left claims is part of what Trump did in Jan 6th. He "stopped or delayed a vote in congress." But yet why hasna't Jamaal been officially charged you ask? Again the left covers up the bad things they do and attack anything the right does. At this point Trump can't fart without having charges brought against him for "Climate Warming" or some crazy shit... (Puns intended...) So the former President on Thursday railed against the judge who will deliver verdicts in his $250 million New York fraud trial, one day after storming out of the courtroom in the middle of witness testimony.
Trump’s posted on Truth Social followed a dramatic trial day in which Manhattan Supreme Court Judge Arthur Engoron put Trump on the witness stand, fined him $10,000 for violating his gag order and shot down a request for a sweeping verdict in his favor. The latest attacks against the rights under the constitution of Trump has become so clear, and he being such a prolific social media user knows how to tell his supporters the truth while these leftists corrupt people keep trying to bring these charges without a victim or actual real crime to jail an innocent man because they fear he will win in 2024 and return to the oval office. So turning to the court of public opinion to fight his mounting legal challenges Trump uses social media, and the people stand with him. The liberals are scared and the Judge in this case is trying hard to silence him.
So the judge is trying to silence him with a gag order in two separate cases, including special counsel Jack Smith’s federal case charging Trump with conspiring to subvert his loss to President Joe Biden in the 2020 presidential election. Something that "Hillary Clinton, Stacey Abrams" are both guilty off but it's Trump who gets charges against him? By the way why hasn't Sniffing JOE Biden, and Hillary Clinton not been charged for having Documents in their possesion when they did not have the legal rights to take home? While in Florida here it's another case Trump faces.
You see the complete hypocrisy here? But back to the NY case, Trump is prohibited from publicly targeting Smith or potential witnesses, both of whom he has frequently referenced online and on the campaign trail. When those restrictions were temporarily paused last week, Trump fired off attacks against both the special counsel and his former White House chief of staff, Mark Meadows, a witness in Smith’s case. So the left can smear him and say all they want but if he defends himself "GAG ORDER & FINED!" Again.. You see the complete hypocrisy here?
In the New York civil fraud case, Engoron already ruled twice that Trump violated his narrow gag order, which merely bars him from attacking the judge’s staff. Upon finding that Trump’s testimony rang “hollow and untrue,” Engoron has now fined him a total of $15,000. The judge has warned Trump that additional violations will yield much more severe sanctions — including possible imprisonment.
With his targets narrowing, Trump’s attacks appear to be intensifying. The least four lengthy social media posts on Thursday, Trump ripped Engoron as a “tyrannical and unhinged” and “fully biased Trump Hater” who “should be ashamed of himself” for his handling of the case. We all know this to be true so for saying "THE TRUTH" he's fined, and gaged? Welcome to the new America were is you tell the truth you get this. Now remember this is NOT A Jury case. So there is not one member of any Jury that potentially could be tainted. This is about Trump getting his known facts to the public and speaking about how unfair this trial and Judge has been.
“HE HAS GONE CRAZY IN HIS HATRED OF ‘TRUMP,’” wrote the former president, who also railed against New York Attorney General Letitia James, his ex-attorney Michael Cohen and a New York Times reporter. She who should be disbarred as the lied to the American people when she said she did not "run to get Trump" and now we have video showing her actually doing that. Showing what a liar she is... But if Trump points this out! OMG He's fined... Amazing!
They now are saying Trump’s 2024 presidential campaign is trying to capitalize on the case by criticizing it in multiple fundraising pleas as a “sham trial” led by a “Democrat judge” who “continues to harass” Trump. Engoron has already found Trump and other defendants liable for as he claimed "fraudulently inflating the values of real estate properties and key assets" a total b/s charge. This is like if you're selling your home or car and you ask a certain amount for it and the buyer comes back with a counter offer.
You negotiate until both agree on a final number. The same principle is what Trump is accused off.. But this is about the value he claims on his properties right? He entered an amount the banks have a thing called "Adjusters" and they came out evaluated the properties and Trump agreed. He paid them all in time and everyone won. No victim the banks are happy with the deal.
So they want to destroy him over negotiating a good deal? OMG... Welcome to NAZI Germany folks. So for years of financial statements James brought the case, accusing Trump, his two adult sons, the Trump Organization and top executives of falsifying those asset values for a host of financial perks, including tax benefits and more favorable loan terms.
The trial, which is scheduled to last until late December, will resolve six other claims in James’ lawsuit. Engoron himself will deliver verdicts in the trial, which is being conducted without a jury again a fact Trump frequently protests on social media and at the courthouse. Rightfully so as the Judge and DA all have him "Guilty" without the possiblity of using facts and throwing this case out. A case which should have never been brought forward as this is beyond stupid and a clear case of election interference. By lying crooked people.
“He is a judge that found me GUILTY before the trial even started,” Trump said of Engoron in his social media screed Thursday. The posts also called Engoron a “Radical Left Judge” and claimed that he is ignoring a prior appeals court ruling “overturning” his decisions. A New York appeals court panel last month had cleared the trial to begin, denying Trump’s request to delay it. Engoron had imposed a narrow gag order on Trump on the second day of the trial, after Trump sent a Truth Social post attacking the judge’s law clerk, Allison Greenfield, who sits next to him in court.
About two weeks later, the judge found that Trump violated that gag order by failing to remove the post from his campaign website. Engoron fined Trump $5,000 in that instance and warned him that future violations would yield more severe sanctions, potentially including imprisonment.
During a break in the trial Wednesday, Trump complained to reporters outside the courtroom, “This judge is a very partisan judge with a person who’s very partisan sitting alongside him, perhaps even more partisan than he is.” After hearing about those remarks, Engoron briefly called Trump to the witness stand to explain himself. Trump said that he was referring to Michael Cohen, Trump’s former personal lawyer, who had been testifying throughout the trial day. But Engoron found that answer unconvincing, and he fined Trump $10,000. “Don’t do it again or it will be worse,” Engoron warned in court.
In his written order Thursday morning, Engoron ruled that Trump intentionally violated the gag order. He noted that Cohen was sitting in the witness box, not alongside him, and said that Trump’s past attacks on Cohen have been less ambiguous. “Using imprecise language as an excuse to create plausible ambiguity about whether defendant violated this Court’s unequivocal gag order is not a defense; the subject of Donald Trump’s public statement to the press was unmistakably clear,” the judge wrote. The clash over the gag order was not the only contentious moment in the trial on Wednesday.
Defense lawyer Cliff Robert had asked for a directed verdict after Cohen, Trump’s once-loyal aide who is now a key witness against him, testified that he did not recall if Trump had asked him to inflate the values of his assets. Engoron denied the request, prompting Trump to get up and leave.
Cohen later clarified that while Trump speaks in indirect ways like a “mob boss,” he did communicate the outcome he wanted, according to NBC News. Engoron rejected another request for a directed verdict later in the day, telling Robert, “there’s enough evidence in this case to fill the courtroom.” On social media, Trump complained, “The unhinged Judge, a highly political and fully biased Trump Hater, refused to dismiss this HOAX of a case, and has lost all CREDIBILITY.”
POTUS 45 Donald J Trump was charged in August under a four-count, 45-page (45 Pages 45 President! Coincidance?) Indictment that accuses him of conspiring to defraud the U.S. by preventing Congress from certifying Democrat President Joe Biden's so called victory and to deprive voters of their right to a fair election. Which is actually what Biden did in actuality as well rational people know by now. So the Justice Department special counsel Jack Smith is leading the prosecution team. "The core conduct alleged in the indictment relating to the presentation of alternate electors had a historical basis that dates back to 1800 and spans at least seven other elections," now Trump is seeking to have his Washington, D.C. election interference case quashed, calling it a "vindictive prosecution." Much of his submission, filed early on Tuesday, hangs on whether alternative electors are a criminal conspiracy or a symbolic act of defiance that is rooted in American history. Trump arrives to Trump Tower on October 23, 2023 in New York City. He is now seeking to have his federal indictment quashed, based on historical precedent. Much of his submission, filed again Tuesday.
"There are no other prosecutions in American history relating to these types of activities. The allegations in the indictment involve constitutionally authorized activities by President Trump as Commander in Chief, as well as speech and expressive conduct by the First Amendment." and it gies ib tge say that "Given this context, it is no surprise that in the months following the 2020 election, senior government officials rejected an investigation of President Trump as unfounded and potentially unconstitutional," the filing stated.
Former U.S. President Donald Trump arrives to Trump Tower on October 23, 2023 in New York City. He is now seeking to have his federal indictment quashed, based on historical precedent. Donald Trump is seeking to have his Washington, D.C. election interference case quashed, calling it a "vindictive prosecution." Much of his submission, filed early on Tuesday, hangs on whether alternative electors are a criminal conspiracy or a symbolic act of defiance that is rooted in American history.
Trump was charged in August under a four-count, 45-page indictment that accuses him of conspiring to defraud the U.S. by preventing Congress from certifying Democrat President Joe Biden's victory and to deprive voters of their right to a fair election. Justice Department special counsel Jack Smith is leading the prosecution team.
"The core conduct alleged in the indictment relating to the presentation of alternate electors had a historical basis that dates back to 1800 and spans at least seven other elections," Trump's application to quash the charges stated. "There are no other prosecutions in American history relating to these types of activities. The allegations in the indictment involve constitutionally authorized activities by President Trump as Commander in Chief, as well as speech and expressive conduct by the First Amendment."
"Given this context, it is no surprise that in the months following the 2020 election, senior government officials rejected an investigation of President Trump as unfounded and potentially unconstitutional," the filing stated. "Expressive conduct" in First Amendment law has long been used to protect non-verbal free speech, such as an anti-war student wearing a black armband to school or Jehovah Witness children refusing to salute the American flag in class.
Trump is now saying that the alternate electors who signed off a Trump victory across the U.S. were engaged in symbolic free speech to show their disapproval of Biden and the way that the election was run. Edward B. Foley, a constitutional law professor at Ohio State University, said that there is a long history of alternate electors in American politics that stretches back hundreds of years. Writing for the policy think tank, Just Security, Foley said that Trump supporters signing off on his supposed victory in seven battleground states was "a fool's errand, since there never was a chance that Congress was going to recognize Trump as the winner." Former U.S. President Donald Trump arrives to Trump Tower on October 23, 2023 in New York City. He is now seeking to have his federal indictment quashed, based on historical precedent.
Former U.S. President Donald Trump arrives to Trump Tower on October 23, 2023 in New York City. He is now seeking to have his federal indictment quashed, based on historical precedent. Trump is seeking to have his Washington, D.C. election interference case quashed, calling it a "vindictive prosecution." Much of his submission, filed early on Tuesday, hangs on whether alternative electors are a criminal conspiracy or a symbolic act of defiance that is rooted in American history. Trump was charged in August under a four-count, 45-page indictment that accuses him of conspiring to defraud the U.S. by preventing Congress from certifying Democrat President Joe Biden's victory and to deprive voters of their right to a fair election. Justice Department special counsel Jack Smith is leading the prosecution team.
"The core conduct alleged in the indictment relating to the presentation of alternate electors had a historical basis that dates back to 1800 and spans at least seven other elections," Trump's application to quash the charges stated. "There are no other prosecutions in American history relating to these types of activities. The allegations in the indictment involve constitutionally authorized activities by President Trump as Commander in Chief, as well as speech and expressive conduct by the First Amendment."
"Given this context, it is no surprise that in the months following the 2020 election, senior government officials rejected an investigation of President Trump as unfounded and potentially unconstitutional," the filing stated. "Expressive conduct" in First Amendment law has long been used to protect non-verbal free speech, such as an anti-war student wearing a black armband to school or Jehovah Witness children refusing to salute the American flag in class.
Trump is now saying that the alternate electors who signed off a Trump victory across the U.S. were engaged in symbolic free speech to show their disapproval of Biden and the way that the election was run. Edward B. Foley, a constitutional law professor at Ohio State University, said that there is a long history of alternate electors in American politics that stretches back hundreds of years. Writing for the policy think tank, Just Security, Foley said that Trump supporters signing off on his supposed victory in seven battleground states was "a fool's errand, since there never was a chance that Congress was going to recognize Trump as the winner."
As Foley points out, Trump's Vice President, Mike Pence, acting as Senate president, would not even open the envelope that contained the confirmation from the alternative electors. "Mike Pence, as Senate president, would not even let these pro-Trump submissions be opened in the joint session of Congress because, without any claim of any backing from any part of their state's government, they could not be acknowledged as even asserting to be official electoral votes entitled to be considered by Congress," Foley wrote.
So was the action of Trump's supporters merely symbolic free speech and is there, as his lawyers claimed in their submissions, a long historic precedent? Foley notes that Florida was hotly contested in the 1876 election between Republican candidate, Rutherford Hayes, and Democrat, Samuel Tilden. Florida's attorney general, a Democrat, purported to certify Tilden the winner of the state. On the same day, however, Republican electors in Florida voted for Hayes, backed by a certification from the state's canvassing board.
Later, Florida's judiciary and legislature would act to undo the canvassing board's certification. There were no indictments of any of those involved as it was considered a legal dispute. "In South Carolina, by contrast, there was no one with any colorable claim of official authority in a position to certify Tilden the winner. Still, Democrats there were claiming that he had won" and still "submitted their spurious electoral votes to the Senate president". "None of these South Carolina individuals (as far as I know from my research) were criminally investigated or prosecuted for making this assertion," Foley wrote, noting that a similar dispute occurred in Vermont in 1876.
Other disputes occurred throughout American history, such as both sides claiming to sign off on the winning candidate in Hawaii in the 1960 election between John F. Kennedy and Richard Nixon. Foley said that such acts, done by both Democrats and Republicans, are distinct from cases of forgery, which have occurred in elections in the past. "Openly asserting that one is the duly appointed elector of state, even when that claim is utterly without merit[...]is to make an argument about one's status under the law. It is not an attempt to dupe recipients with counterfeit papers," he writes. Judging from Tuesday's court submissions, that is the logic that will get Trump and his co-accused released from the election interference charges.
So this so called gag order aimed at restraining Donald Trump for putting the judge overseeing his federal election interference case in her place! This also seems that the Judge is now in a tricky and sticky position. She must balance the need to protect the integrity of the legal proceedings against the First Amendment rights of a presidential candidate to defend himself in public. OOPS! But of course things like LAWS, Rules, and the constituional rights to "SPEAK" is something the left doesn't like. They like Open Borders, Lies, doing massive drugs, and well there is a weird thing happening where there seems to be a whole lot of love for pedophiles from these people.
U.S. District Judge Tanya Chutkan will hear arguments Monday in Washington over whether Trump has gone too far with remarks such as calling prosecutors a “team of thugs” and one possible witness “a gutless pig.” Watching the case, and the other cases these libtards are putting Trump in well I would say not just is he justified for his comments but to be honest I would have said A LOT more and much worse. He's keeping it clean if you ask me.
While some say this might be the biggest test yet for Chutkan, hidding her biased has become clear from day one! She's a complete puppet and wants him in prison so it's underscoring the unprecedented complexities of prosecuting the former Republican president as the judge vows not to let political considerations guide her decisions. Ending the stream of Trump’s harsh language would make the case easier to manage. But among the difficult questions Chutkan must navigate is how any gag order might be enforced and how one could be fashioned that does not risk provoking Trump’s base and fueling his claims of political persecution as he campaigns to retake the White House in 2024 in which he doesn't just lead the rest of the GOP but Biden himself in every poll!
“She has to think about the serious risk that it’s not just his words that could trigger violence, but that she could play into the conspiracy theories that Trump’s followers tend to believe in, and that her act of issuing a gag order might trigger a very disturbing response,” said Catherine Ross said, a George Washington University law school professor.
“If we allow that to stop a judge from doing what is called for, that’s a big problem for rule of law. But on the other hand, if I were the judge, I would certainly be thinking about it,” she said. Short of issuing an order, Chutkan has already suggested that inflammatory comments could force her to move up the trial, now scheduled to begin in March, to guard against tainting the jury pool. Judges can threaten gag order violators with fines or jail time, but jailing a presidential candidate could prompt serious political blowback and pose logistical hurdles. It's not like this is a legit case anyway so while his rights have been violated from her, and the other people trying to take him to his death bed.
This Shitkan of a woman, who was nominated to the bench by President Barack Obama and is Jamaincan like VP Harris, isn’t the first judge to confront the consequences of Trump’s speech. The judge in his civil fraud trial in New York recently imposed a limited gag order prohibiting personal attacks against court personnel following a social media post that maligned the judge’s principal clerk.
Special counsel Jack Smith’s team envisions a broader order, seeking to bar Trump from making inflammatory and intimidating comments about lawyers, witnesses and others involved in the case that accuses the former president of illegally plotting to overturn his 2020 election loss to Democrat Joe Biden. Trump’s lawyers call it a “desperate effort at censorship” that would prevent Trump from telling his side of the story while campaigning. While Biden sells our country down to our enemies and with Obamas orders is literally killing our economy on purpose, and has set up proxy wars, got people LITERALLY killed! Order a strike in the past which killed school children, and these people called it a successfull strike. Oh and the LAPTOP IS REAL!!!
A complicating factor is that many of the potential witnesses in the case are themselves public figures. In the case of Trump’s vice president, Mike Pence is also running against Trump for the GOP nomination. That could open the door for Trump’s team to argue that he should be permitted to respond to public broadsides he sees on television or seek a competitive edge by denouncing a political rival for the White House. Burt Neuborne, a longtime civil liberties lawyer who challenged gag orders on behalf of defendants and lawyers in other cases, questioned whether a formal order was necessary because witness intimidation is already a crime and the court can guard against a tainted jury by carefully questioning prospective jurors before trial.
A gag order may also slow down the case because it’s likely Trump either violates it and the judge will want to punish him or Trump will challenge the order in advance, he said. “And so in some sense, you may be playing directly into his hands by essentially creating yet another mechanism for him to try to push this until after the 2024 election because this is exactly what needs to be done since these leftists are violating his civil rights with all these bogus puppets for Obama... So any gag order that she issues will eventually reach the Supreme Court,” Neuborne said. But Barbara McQuade, a former U.S. attorney in Michigan, said she believes the judge can issue a narrow enough order that withstands legal challenges and protects both the case and Trump’s abilities to campaign.
Especially in this case, where Donald Trump has made it apparent that he will say all kinds of facts since the Judge, and his cohorts are all sold out and want doom for the Donald and so they can say things about him but he can't say anything back and publically defend himself? Well more power to him! This so called judge, is about witnesses the power of words of truth when the public gets wind of how crooked this person is. McQuade, a University of Michigan Law School professor said “So in some ways she has, I think, a responsibility to act here.” Yeah she needs to remove herself from being the Judge and dismiss this case.
There is some limited precedent for restricting speech of political candidates who are criminal defendants. In one case, a federal appeals court in 1987 lifted a gag order on U.S. Rep. Harold Ford Sr., a Tennessee Democrat charged in a fraud case. Ford, who was ultimately acquitted, claimed the case brought under Republican President Ronald Reagan’s administration was racially and politically motivated.
Ford’s gag order prohibited him from even sharing his opinion of or discussing facts of the case. The court noted that Ford would soon be up for reelection and said the gag order would unfairly prevent him from responding to attacks from his political opponents and block his constituents from hearing the “views of their congressman on this issue of undoubted public importance.”
Another appeals court in 2000 upheld a gag order challenged by then-Louisiana Insurance Commissioner Jim Brown in a fraud case, noting the order allowed assertions of innocence and other general statements about the case. The court, however, also noted that the judge briefly lifted the gag order to avoid interfering with Brown’s reelection campaign, saying that the “urgency of a campaign, which may well require that a candidate, for the benefit of the electorate as well as himself, have absolute freedom to discuss his qualifications, has passed.”
Chutkan herself has experience with gag orders. In 2018, she imposed an order restricting the comments of lawyers in the case of Maria Butina, a Russian gun activist who pleaded guilty to working in America as a secret agent for Moscow. The order followed prosecutors’ admission that they had wrongly accused Butina of trading sex for access as well as public comments by her lawyer that Chutkan said had “crossed the line.”
The next year, U.S. District Judge Amy Berman Jackson imposed a gag order on Trump ally Roger Stone in his obstruction and witness tampering case after he posted a photo of judge with what appeared to be crosshairs of a gun. Though she warned she could jail him if he violated the order, she instead barred him from using social media months later after he again publicly disparaged the case against him.
So let's get this right "Donald Trump" is being indicted on 7 counts in classified documents probe which he had all rights to take as he was the sitting President, and EVERYONE involved knew he was taking them like all President end up doing. SO Did OBAMA! Who doesn't have the right? A VP... Like Joe Biden, and Mike Pence both took docs but the media is trying to bury the news on both cause they're so crooked that they can't report the facts. They're also covering for Mike Pence since he's now known as a shill of the DemonsCraps or Rino.
This folks is beyond corruption at this point they're doing this right in front of you and don't care about laws, and the constitution.... IF Trump gets somehow sent to PRISON on fake charges from either this b/s or the one in NyC it would be a case where not just civil unrest is needed but I think we need to have a real insurrection cause these fucks need to be taken out and sent to prison! Jan 6th was NOTHING compared to what should happen if they keep this up! I say drag all these bad evil liberal communists and tar and feather them in public display and sent them to prison for life.
Starting with career criminals, and child sex predators Bill Clinton, and JOE BIDEN! I mean Clinton lied to the American people had multiple affairs, left his sperm on a dress and the left defended him but want to throw TRUMP in jail over something decades old, and which was already ruled to be bogus. This is beyond the pale this should make EVERYONE in this country scared, and pissed off. How the hell is this right? How the hell are they getting away with it? Oh yea the FBI hides information on JOE BIDEN getting money from Ukraine in the amount of 5Million by the company paying Hunter for illegal access to the OBAMA/BIDEN white house!
This folks proves how corrupt, and criminal those 8 years were. You wonder why the country is going to hell? Well look who is in the white house it's Obamas 3rd term, and they're using the DOJ, and FBI to go at their political rivals which is also against the law, and not 1 fucking prosecutor or DA wants to come out and help whose in position to do so.
This people is why we have to in this country have the rights to bare arms, and form a militia so when this sort of shit happens... Remember by law.
We have the right to form a military force from the civil population to supplement a regular army in an emergency. This is said emergency!
a military force that engages in rebel activities in opposition to a regular army.
HISTORICAL
(in the US) all able-bodied citizens eligible by law to be called on to provide military service supplementary to the regular armed forces.
Check out Liberal Hivemind...
Check out Liberal Jesse Watters on the matter with Rep. Anna Paulina Luna
Rep. Anna Paulina Luna joined Fox News with Jesse Watters on 6/7/23 to talk about how the FBI is covering for Joe Biden, the administration, and his whole family: "They knew that Joe Biden received $5 million while he was a sitting Vice President. That’s public corruption 101, and not providing this document to Congress is a complete disgrace." So while they go after former President Donald Trump on anything they can make up from the either to try and end him the Biden Crime Family seems to be able to get away with murder! Literally folks... Think about this the FBI said they didn't want to reveal their source or "Whistleblower" in fear he might be killed? WHAT!? But the left loves Whistleblowers I thought? Oh yea it's only those who are against Trump with the made up lie of the month on the man.
Trump has been indicted on seven counts in the special or mentally challenged counsel’s classified documents probe, a stunning development that marks the first time a former president has faced federal charges. Again in USA HISTORY folks, and Trump is facing a charge under the Espionage Act, his attorney Jim Trusty said on CNN Thursday, as well as charges of obstruction of justice, destruction or falsification of records, conspiracy and false statements. Hillary Clinton was SUBPENED and actually destroyed documents had the HD destroyed and nothing happened to her but Trump they want to murder over something that as PRESIDENT he had the right to take... WOW!
The special counsel has been investigating Trump’s handling of classified documents that were brought to his Mar-a-Lago Florida resort after he left the White House in 2021, as well as possible obstruction of the investigation and government efforts to retrieve the material according to them which is a lie since he fully cooperated with them from day one when this was brought up to his attention, and they damn well know the PRESIDENT can declassify docs and take them when he's leaving office.
Something again TRUMP HAD THE RIGHT and JOE "VP" BIDEN did NOT! So what the fuck!? The former president wrote on Truth Social that he had been informed by the Justice Department he was indicted and that he was “summoned to appear at the Federal Courthouse in Miami on Tuesday, at 3 PM.” WOW I'm disabled and I might make a trip down there to protest.
“The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoax,” Trump wrote.
Trusty told CNN’s Kaitlan Collins that Trump’s attorneys received a summons via email from the Justice Department Thursday listing the charges, but haven’t seen the indictment yet.
He called the Espionage Act charge “ludicrous.” In a sign of how tightly held the special counsel kept word of the indictment, the US Secret Service and US Marshals did not get advance notice and were surprised by Trump’s announcement on social media, law enforcement officials said Thursday.
Law enforcement is now scrambling to prepare for the expected court appearance next week in Miami, and the Justice Department is moving additional resources there, officials said. The special counsel and the Justice Department did not make any public statements on Thursday, and a spokesman declined comment.
The federal indictment is the second time that Trump has been charged criminally this year. In April, the Manhattan district attorney charged Trump with 34 counts of falsifying business. But the indictment from the special counsel marks a new and more perilous legal phase for a former president, who is running for president again in 2024 while facing criminal charges in two jurisdictions and with two additional investigations into his conduct still underway. The left is so scared he will win this is the game plan MURDER TRUMP if they can or destroy him with false charges, and send him to prison over things JOE BIDEN is doing? This Hillary Clinton did, and things Mike Pence did. Neither of the last two had any sort of legal right to have DOCS in their possession but yet not a peep! IF they wanna go this route they have to do this to JOE & Hilary! Oh, and OBAMA, BILL CLINTON, GEORGE BUSH Jr, and every other god damn PRESIDENT who's taken documents in the past. Someone want to go pull Ronald Raegan's corps from his grave and also charge him next?
The charges against Trump come just seven months since Attorney General Merrick Garland appointed Jack Smith as a special counsel after Trump announced he was running for president, in order to keep the investigation independent from the Biden Justice Department.
Now Trump will face federal charges from the special counsel at the same time that he is trying to unseat President Joe Biden in next year’s presidential election. The White House declined to comment Thursday evening.
‘I am an innocent man’ Trump has railed against the special counsel investigation and the other probes into his conduct, claiming they are all efforts to stop him politically. The former president has insisted that any criminal charges will not stop his 2024 campaign.
Trump released a four-minute video Thursday evening repeating many of his past claims, including that the Justice Department is being weaponized and that the investigations into him are “election interference.” Which is clearly the case folks and if you don't admit it and don't act now this entire country is going to become unfixable and brought back from it's destruction by the communist left trying to take over... Hell looks like they already did as they get away with everything including murder and nothing happens to them.
“I am an innocent man. I did nothing wrong,” Trump said in the video. Trump has long avoided legal culpability in his personal, professional and political lives. He has settled a number of private civil lawsuits through the years and paid his way out of disputes concerning the Trump Organization. As president, he was twice impeached by the Democratic-led House, but avoided conviction by the Senate.
But after leaving office, the Justice Department criminal investigations into the retention of classified information at Trump’s Mar-a-Lago resort and his efforts to overturn the 2020 election cast dark clouds over Trump. Smith’s investigation into January 6 and efforts to overturn the election is still ongoing. In addition to the Manhattan district attorney’s April indictment, Fulton County District Attorney Fani Willis is expected to announce in August whether there are any charges in her investigation into attempts to overturn the 2020 election in Georgia.
Trump’s congressional allies quickly rallied to his defense on social media, just as they did when Trump was indicted in New York in April. House Speaker Kevin McCarthy tweeted that it was “a dark day for the United States of America.”
“It is unconscionable for a President to indict the leading candidate opposing him. Joe Biden kept classified documents for decades,” the California Republican said. “The radical Far Left will stop at nothing to interfere with the 2024 election in order to prop up the catastrophic presidency and desperate campaign of Joe Biden,” House GOP conference chairwoman Elise Stefanik, a New York Republican, said in a statement.
“Sad day for America. God Bless President Trump,” tweeted House Judiciary Chairman Jim Jordan, an Ohio Republican. Trump’s aides and advisers feel emboldened by the indictment and are “ready to fight back,” a person who spoke with Trump Thursday told CNN.
But while Trump and some of his aides may feel emboldened now, others close to the former president have expressed concern and reservation over the indictment. Despite possibly giving Trump a boost in polls and fundraising that could help the former president in the Republican primary, several top advisers know the risk associated with a federal indictment and believe it will hurt Trump in the long term.
Trump’s federal indictment will once again make the 2024 GOP primary all about the former president, even in a week where multiple candidates entered the race. Ahead of Thursday’s indictment, several of Trump’s Republican rivals said the DOJ should not charge the former president, including Trump’s former Vice President Mike Pence at a CNN town hall on Wednesday.
For at least one of the Republicans running in the anti-Trump lane, however, Thursday’s indictment was a reason Trump should leave the race.
“While Donald Trump is entitled to the presumption of innocence, the ongoing criminal proceedings will be a major distraction. This reaffirms the need for Donald Trump to respect the office and end his campaign,” said GOP presidential candidate Asa Hutchinson.
Several Democrats who investigated Trump during his presidency said that Thursday’s indictment showed no one was above the rule of law. LOL Except them of course they can do as they wish and we seen it over, and over, and over again! This isn't the first time they break laws to get at Trump or anyone associated with him or pro Trump. For all I know they could be looking at me also since I'm 100% pro TRUMP!
“Trump’s apparent indictment on multiple charges arising from his retention of classified materials is another affirmation of the rule of law. For four years, he acted like he was above the law. But he should be treated like any other lawbreaker. And today, he has been,” Which is total bullcrap he spent that time fighting 2 fake impeachments lead by that pencil neck child rapist looking Rep. Adam Schiff, the California Democrat who led the House’s first impeachment of Trump in 2019 and lied under oath about the Ukraine phone call, and has lied many many times under oath and some how this moron is not in prison either. Oh yea the left covers for it's own evil players.
The Justice Department’s investigation into Trump’s actions related to documents from his time in office burst into public view in August 2022 when FBI agents executed a search warrant at Mar-a-Lago and seized thousands of documents, including about 100 marked as classified. The FBI also subpoenaed the Trump Organization for surveillance video from the resort. Prosecutors had said in court filings they were pursuing possible criminal mishandling of national security information and obstruction of justice. The DOJ previously alleged that the classified documents were “likely concealed and removed” from a storage room at Mar-a-Lago as part of an effort to “obstruct” the FBI’s investigation into Trump’s potential mishandling of classified materials. Another LIE!
After Trump returned 15 boxes of materials to the National Archives in January, the Justice Department subpoenaed Trump in May, seeking documents with classification markings that were still at Mar-a-Lago. According to a lawsuit he later filed, Trump directed his staff to search for any remaining classified material to comply with the subpoena. After federal investigators retrieved documents from the resort in June, his lawyers later told investigators that they had searched the storage area and that all classified documents were accounted for. Proving that at no point did he "break the law" and or did not comply with their b/s requests when asked to return the docs. So he did his part as asked JOE BIDEN had them in his fucking behind his car in his house, in an office shared with CCP spies, and he had no rights doing so and again rules for thee not for me by the liberal left.
Prosecutors said in August that that some documents were likely removed from a storage room before Trump’s lawyers examined the area, while they were trying to comply with the subpoena. In recent months, prosecutors heard from dozens of witnesses, including Trump aides and employees of Mar-a-Lago and the Trump Organization. The bulk of the witnesses appeared before a grand jury in Washington, DC, but in recent weeks multiple witnesses testified before a grand jury in southern Florida.
Prosecutors obtained an audio tape of Trump talking about a classified Pentagon document during a 2021 Bedminster, New Jersey, meeting. On the recording, it's said that Trump acknowledged that the document was still classified, undercutting his argument that everything he brought with him to Mar-a-Lago had been declassified. Where is the audio?
Started streaming 4 hours ago Donald Trump Live | Trump Furious That War Crimes Expert Jack Smith Will Head Jan 6 Probe | US News
US Attorney-General Merrick Garland has named Jack Smith, a war crimes prosecutor, to serve as special counsel to oversee Justice Department investigations related to Donald Trump including the former president’s handling of sensitive documents and efforts to overturn the 2020 election.
Garland’s announcement came three days after Trump, a Republican, announced he would run for president again in 2024. Garland said Trump’s candidacy, as well as Democratic President Joe Biden’s stated intention to run for re-election, made the appointment of a special counsel necessary.
“
The pace of the investigations will not pause or flag under my watch,” Smith said in a statement. “I will exercise independent judgment and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”
But looks like the tide is turning as a Fulton County Superior Court has issued a default judgment against District Attorney Fani Willis for refusing to turn over records that could document her collusion with the J6 committee and Special Counsel Jack Smith. 
The court makes it clear that it has substantive reason to believe Willis is withholding records: "Defendant is further ORDERED to provide an explanation why such correspondence does not exist in Defendant’s records (or why it is being withheld)." 
