UnJustified

This week, in Mar-a-Lago, DoJ responds to Trump’s Motion to Dismiss based on immunity and the PRA; DoJ responded to Trump’s Motion to Suppress the fruits of the Mar-a-Lago search, but that filed on Judge Cannon’s secret docket

The DC case may be impacted by emails that reveal  new communications indicating Sen. Ron Johnson and his top aide were told papers sent to his office on Jan. 6 had to do with Wisconsin's Presidential Electors.

Plus, a couple of listener questions.

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The Presidential Records Act
The Presidential Records Act | National Archives

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

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This week in Florida: Judge Cannon rules in favor of DoJ’s motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira’s bid to get access to classified discovery.
In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators.
Plus, another thought-provoking listener question, and more.

Brian Greer

https://twitter.com/secretsandlaws

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

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Earlier today, SCOTUS granted cert to hear arguments in Trump’s immunity motion. At the very least, this further delays Trump’s current federal trials.

 

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

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

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

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

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

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This week; Professor Steve Vladeck joins to discuss Trump’s immunity motion and the probable scenarios that are playing out within the SCOTUS; Trump files a plethora of motions in Florida; Carlos De Oliveira, co-defendant in the classified documents case, files a motion to dismiss; Governor Kemp reveals that he was interviewed by Jack Smith’s team; Smirnov is arrested; plus Allison and Andy answer a couple of listener questions.

Steve Vladeck
https://twitter.com/steve_vladeck
https://stevevladeck.substack.com/

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

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

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

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

Questions for the pod 

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The Threat

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

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

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This week; Trump’s application for a stay on the immunity issue has been fully briefed to the Supreme Court– they can rule any day; Judge Engoron in the NYAG civil fraud trial has fined Trump, his two adult sons, and Weisselberg a total of $364M; plus some listener questions about Robert Hur.

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

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Brian Greer joins to discuss the CIPA process and Trump’s latest attempts to derail the Mar-a-Lago case; DoJ’s response to Trump’s motion to compel, and their motion for Judge Cannon to reconsider her ruling; Just Security outlines some possible timelines for the DC case to proceed; plus listener questions.

Brian Greer
https://twitter.com/secretsandlaws

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

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It has arrived…and it doesn’t disappoint!
The DC Circuit ruled 3-0 that Trump is not immune from prosecution for his actions on and around January 6, 2021.

Read the ruling here:
https://www.lawfaremedia.org/article/d.c.-circuit-rules-trump-is-not-immune-from-prosecution

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

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So far, Trump’s delay tactics seem to be working

In DC, Judge Chutkan has taken Trump’s trial off of her calendar as the DC Court of Appeals has yet to issue its ruling on Trump’s immunity claim.

There is reporting about alleged misconduct by Walt Nauta that led to the revocation of his security clearance while he was working at the White House.

Also, there are reports of locked closets and secret rooms that the FBI did not search when they executed their search warrant in Mar-a-Lago as Judge Cannon continues to bog down the documents cases.

Plus a couple of great listener questions.

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

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Before the E. Jean Carroll damages were announced it looked like Trump was having a pretty ok week. His DC trial is stayed; Jack Smith filed a list of expert witnesses in the Mar-a-Lago case; and the prosecution in Fulton County is getting some bad press.

Representative Barry “Look-at-that-beautiful-sconce” Loudermilk seems to want to get the names of some White House personnel who testified to the January 6 Committee with the guarantee that their names would remain anonymous.

Plus another great 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, Judge Chutkan rules on Trump’s request to hold Jack Smith in contempt. An appeals court has decided not to hear Trump’s appeal regarding the Twitter warrant.

In Florida, there have been multiple filings and rulings, including notice of a motion from Trump challenging CIPA Section 4.

Plus, we have some great listener questions and more.

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

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