This week, we are joined by Judge J. Michael Luttig to go over the brief helped  write to the District Court on DC in support of DoJ’s proposed trial date and against Trump’s claims of immunity. Judge Luttig reminds us that it is the Constitution, not politics, that disqualifies Trump from holding federal office, again.
Then, we discuss DoJ’s motion to limit specific arguments and evidence that Trump may try to bring up at trial.
Plus, we have some great listener questions.

Our Guest:

Judge J. Michael Luttig

https://twitter.com/judgeluttig

AMICI CURIAE to the District Court of DC 

https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdf

Ari Fleischer’s irresponsible take on attempts to keep Trump off of ballots was still up at the time of publishing this episode.
https://x.com/AriFleischer/status/1740752537320669411?s=20

“Make no mistake: Attempts to throw Trump off the ballot are white-collar insurrections, carried out by Democrats in powerful positions, who falsely use the "law" as a weapon. 

They fear a vote of the people, so they resort to this. 

This is an insurrection.”

Good to know:

Rule 403b
https://www.law.cornell.edu/rules/fre/rule_403

18 U.S. Code § 1512
https://www.law.cornell.edu/uscode/text/18/1512

Brian Greer’s Quick Guide to CIPA
https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

 

Prior Restraint
Prior Restraint | Wex | US Law | LII / Legal Information Institute

Brady Rule | US Law |Cornell Law School | Legal Information Institute

https://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guilt

Jencks Material | Thomson Reuters Practical Law Glossary

https://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)

Statutes:

18 U.S.C. § 241 | Conspiracy Against Rights
18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice
18 U.S.C.  § 1512 | Tampering With Victims, Witnesses, Or Informants 

Questions for the pod 

Submit questions for the pod here 

https://formfacade.com/sm/PTk_BSogJ

Check out other MSW Media podcasts

https://mswmedia.com/shows/

https://apple.co/3YNpW3P

Check out other MSW Media podcasts

https://mswmedia.com/shows/

Follow AG

Mueller, She Wrote Substack

Mueller She Wrote on Bluesky

https://twitter.com/MuellerSheWrote

https://twitter.com/dailybeanspod

More from Andrew McCabe

The Real McCabe on Substack
@therealmccabe.com on Bluesky

The Threat: How the FBI Protects America in the Age of Terror and Trump

This Show is Available Ad-Free And Early For Patreon and Supercast Supporters at 

https://patreon.com/thedailybeans

Or when you Subscribe on Apple Podcasts

https://apple.co/3YNpW3P

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.