UnJustified

This week, new reporting from Propublica shows Judge Aileen Cannon’s failure to disclose gifts and trips; Donald Trump files his omnibus reply in support of additional discovery in the DC case; and Dahlia Lithwick joins to discuss the latest revelations about SCOTUS.
Plus, listener questions. 

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Follow Dahlia Lithwick
https://twitter.com/Dahlialithwick

Get Lady Justice by Dahlia Lithwick

https://www.penguinrandomhouse.com/books/610577/lady-justice-by-dahlia-lithwick/

Slate’s Amicus Podcast

https://slate.com/podcasts/amicus

We Helped John Roberts Construct His Image as a Centrist. We Were So Wrong.

We Helped John Roberts Construct His Image as a Centrist. We Were So Wrong.

How Roberts Shaped Trump’s Supreme Court Winning Streak

How Chief Justice Roberts Shaped Trump’s Supreme Court Winning Streak - The New York Times

Judge Aileen Cannon Failed to Disclose a Right-Wing Junket

Judge Aileen Cannon Failed to Disclose a Right-Wing Junket — ProPublica

CREW Amicus
https://www.citizensforethics.org/wp-content/uploads/2024/09/25-1-2024-09-03-Attachment-1.pdf

Seligman Amicus

https://apps.npr.org/documents/document.html?id=25091493-seligman-a

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Good to know:

The Presidential Records Act

The Presidential Records Act | National Archives

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

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

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

Brady Material

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

Jenks

Jencks Material | Thomson Reuters Practical Law Glossary

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

Giglio

https://definitions.uslegal.com/g/giglio-information/

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 

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Andrew McCabe isn’t on social media, but you can buy his book 

The Threat

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

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This week, we’re still 11 days from the deadline for Special Counsel to file their immunity brief in DC. Let's take a look at the two amici briefs to the 11th Circuit requesting that Judge Cannon be removed from the Mar-a-Lago case.
Then we’ll take a quick look at why claims that the 2020 election cases “were all thrown out on standing” is a lazy lie from Trump and his allies.
Plus, listener questions. 
 

CREW Amicus
https://www.citizensforethics.org/wp-content/uploads/2024/09/25-1-2024-09-03-Attachment-1.pdf
 

Seligman Amicus
https://apps.npr.org/documents/document.html?id=25091493-seligman-a
 

Questions for the pod
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Give to the Kamala Harris Presidential Campaign
Kamala Harris — Donate via ActBlue (MSW Media’s Donation Link)

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

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This week, the Special Counsel’s office and Donald Trump's lawyers filed their joint status report with Judge Chutkan in the DC case outlining how they think the rest of this proceeding should go; Judge Chutkan ruled on the schedule; Jim Jordan sent  a letter to Merrick Garland saying that the superseding indictment violates DOJ policy; and Justice Ketanji Brown Jackson comments publicly about the SCOTUS immunity ruling.

Plus, listener questions. 

Questions about Jim Jordan's letter to DoJ
(202) 225-6906 – Ask for Jim

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This week, Jack Smith hits Trump with 4 superseding indictments in DC to meet the Supreme Court’s rules of presidential immunity.

Jack has also filed his brief in the 11th Circuit appealing Judge Cannon’s dismissal.

Plus, a listener question.

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

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This week we are sharing the discussion part of our MSW Media live show in D.C. at The Hamilton Live. Big shoutout to the crew at the venue! They are all top notch and we can’t wait to go back!

We’ll be back with a regular episode next week to discuss Jack Smith’s filings that are coming due soon!

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Dana Goldberg - twitter.com/dgcomedy

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

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This week: Donald Trump filed a $100M dollar [frivolous] lawsuit against the Department of Justice over their execution of the search warrant at Mar-a-Lago; there’s a strong argument that Jan 6 plea deals will withstand the recent SCOTUS ruling on 1512c2.

Plus we take some listener questions.

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

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Judge Chutkan is back to moving things along as swiftly as possible by ordering a status conference, denying Trump’s motions to dismiss.
Jack Smith asked for a little more time to brief the court on how the Supreme Court ruling on presidential immunity will affect the indictment and future proceedings.

What would it take for the FBI to investigate Supreme Court Justices?

Plus we take some listener questions.

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Marcy Wheeler
Jack Smith Asks for an Extension - emptywheel

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

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Jack Smith has not requested an expedited briefing schedule in the appeal to the 11th Circuit to reverse Cannon’s dismissal.
Cameras caught Chesebro doing his dirty work to perpetuate the Jan 6 scheme.
Judge Chutkin has her case back!
We shed some light on Trump’s Project 2025 plan for DoJ.
Plus we take some listener questions.

Joan Biskupic
The inside story of John Roberts and Trump’s immunity win at the Supreme Court | CNN Politics

Ali Velshi
Project 2025's plan for Donald Trump's Justice Department

Democracy Docket

What is Project 2025 And Why Is It Alarming? - Democracy Docket

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

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This week we go over what Jack Smith’s appeal to the 11th Circuit will look like and why Judge Cannon will likely be overturned.
Donald Trump threatens to sue DoJ for violating his Constitutional rights. 

Plus we take some listener questions.

Professor Lederman
United States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel

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

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This week Jack Smith filed notice that DoJ will be appealing to the 11th Circuit Judge Cannon’s dismissal of the Mar-a-Lago indictment.
We expect that he will request that the appeal is heard on an expedited basis.

The sentences of many January 6 rioters who had a charge of obstructing an official proceeding are being revised due to the recent SCOTUS decision narrowing the scope of the charge.

Plus we take several listener questions.

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

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