UnJustified

In DC, we have updates on the limited gag order Judge Chutkan issued; and Trump’s moves to stay the entire proceedings while awaiting a ruling on his motion to dismiss based on presidential immunity.
In Florida, DoJ filed a notice to the court regarding Trump’s attempts to delay other trials by playing one venue off the other. 
Brian Greer is here to go over CIPA filings and rulings in DC and Florida.
A document comes up in the NYAG civil fraud trial that might be of interest to Jack Smith’s team.
John Eastman says that disbarment proceedings in California are strengthening his belief in the big lie.
Plus, listener questions.

Brian Greer

https://twitter.com/secretsandlaws

On CIPA

The Quick Guide to CIPA (Classified Information Procedures Act)

https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

Motion from DoJ asking the court to require Trump to give notice of an advice-of-counsel defense:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258149/gov.uscourts.dcd.258149.98.0_1.pdf

A couple of terms to remember:

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 

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This week, Trump’s team filed several motions in the DC case. Three are motions to dismiss; one is a motion to strike language from the indictment. 
Jack Smith brings up Trump’s violations of the New York civil trial gag order. 

Federal prosecutors have quietly withdrawn a subpoena seeking records from Trump's 2020 campaign.

A panel of federal judges rejects requests to allow live television coverage of Trump’s federal trials.

More delays in Florida as Judge Cannon to hear arguments about DoJ’s compliance with discovery.

More information comes out about that Australian Billionaire who likes hearing about US nuclear submarine capabilities.

Plus, listener questions and more.

A couple of terms to remember:
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)

Brian Greer on CIPA
The Quick Guide to CIPA (Classified Information Procedures Act)

https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

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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Follow AG:
Follow Mueller, She Wrote on Post

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Andrew McCabe isn’t on social media, but you can buy his book 
The Threat: How the FBI Protects America in the Age of Terror and Trump

We would like to know more about our listeners. Please participate in this brief survey
Listener Survey and Comments

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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 Judge Aileen Cannon’s court, Walt Nauta waives his attorney’s possible conflict of interest; Jack Smith files the government’s opposition to Trump’s request to delay the trial.

In DC, Judge Tanya Chutkan issues a partial gag order; and DoJ responds to Trump’s absolute immunity claim in his motion to dismiss.

Sidney Powell and Kenneth Cheseboro plead guilty in the Fulton County Rico case.

Jack Smith withdraws the subpoena of the Save America PAC.
DoJ plans to appeal the Proud Boys’ sentences.
Plus, a couple of listener questions. 

A couple of terms to remember:

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)

Brian Greer on CIPA

The Quick Guide to CIPA (Classified Information Procedures Act)

https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

Questions for the pod -

Submit questions for the pod here 

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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 in Florida, Jack Smith’s office files the government’s response to Trump’s motion for a revised CIPA schedule, claiming, in part, that it is a precursor to a motion to delay the entire trial, and we learn that Jack Smith may intend to prove Trump’s motive in taking and retaining the documents, and Judge Cannon holds conflict of interest hearings

In DC, DoJ filed a motion asking Judge Chutkan to require Trump to disclose whether he intends to employ an “advice of counsel” defense as that would affect discovery; Trump’s defense team objects to something in the DoJ’s motion to use “fair and protective jury procedures” but it is unclear what; Trump files a motion for “Select Committee Missing Materials” that may not even exist.

In other Special Counsel news, Robert Hur interviewed President Biden for several hours; reporting says that Hur plans to wrap up his investigation soon.

And we have a correction from last week

A couple of terms to remember:

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

Jencks Material | Thomson Reuters Practical Law Glossary

Brian Greer on CIPA

The Quick Guide to CIPA (Classified Information Procedures Act)

Questions for the pod -

Submit questions for the pod here 

Check out other MSW Media podcasts

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Follow AG:

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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 in Florida, Judge Aileen Cannon stays the trial calendar pending Trump’s motion for a delay due to CIPA section 4, and new reporting that Trump shared nuclear submarine capabilities with an Australian businessman. 

In DC, Donald files a motion to dismiss all charges based on absolute presidential immunity; an opposition to DOJ CIPA motions; Jack Smith files a motion in support of his original motion for a pre-trial don’t-call-it-a-gag order based on Trump’s posts about Mark Milley and an unrelated possible firearm purchase.

SCOTUS declines to hear Eastman’s attempt to block access to his emails; plus a listener question.

A couple of terms to remember:

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

Jencks Material | Thomson Reuters Practical Law Glossary

Brian Greer on CIPA

The Quick Guide to CIPA (Classified Information Procedures Act)

Questions for the pod -

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Check out other MSW Media podcasts

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Follow AG:

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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 in the DC case: Judge Chutkan denies Donald’s motion to recuse, Trump files motions to delay CIPA actions, and opposition to the don’t-call-it-a gag order. In Florida, Judge Cannon grants, in part, Jack Smith's motion for conflict of interest hearings; Trump asks for a delay on section 4 of CIPA; and Judge Cannon will receive briefs from both sides on whether to allow Nauta to view classified evidence, and more; plus a listener question.

A couple of terms to remember:

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

Jencks Material | Thomson Reuters Practical Law Glossary

Questions for the pod -

Submit questions for the pod here 

Check out other MSW Media podcasts

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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: Rolling Stone reports that Trump is privately fretting about possibly going to prison; DoJ filed their proposed don’t-call-it-a-gag order in the DC case; CIPA expert Brian Greer joins Allison to discuss the implications of that and what’s going on with a supplemental briefing Judge Cannon requested; plus a couple of very fine questions from some very smart and good-looking listeners.

Our Guest:
Brian Greer
Secrets and Laws (@secretsandlaws) on Twitter

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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 have multiple court filings to discuss including a narrow gag order motion from Jack Smith in the DC coup conspiracy case; a motion from Trump for the judge in that case to recuse, and the special counsel’s opposition to that motion; a DC circuit court of appeals decision on the Rep. Scott Perry phone warrant; the sealed court order from Judge Beryl Howell on the Trump Twitter account search warrant; in Florida, there are new details about what Yuscil Taveras did after De Oliveira asked him to delete surveillance footage; Judge Cannon finally approved the protective order; plus listener questions.

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

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This week: CNN reports that an investigation into voting machine breaches continues as the federal grand jury meets again after a four-week break; DoJ opposes a motion to vacate in the DC case; a partial win for Rep. Scott Perry in his fight to keep his phone data from Jack Smith; new reporting on Giuliani aide Kathrine Friess; a cooperation agreement between the DoJ and Yuscil Taveras in the Mar-a-Lago documents case; plus a listener question, and more.

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

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This week: A trial date of March 4, 2024, and a full trial schedule are set by Judge Chutkan in the DC case (Allison was there); prosecutors on Jack Smith’s team were asking questions about Rudy Giuliani’s drinking and level of inebriation while advising Trump leading up to the events on January 6th; more Republican efforts to defund the Special Counsel; the curious case of Harrison Floyd reveals Jack Smith’s previously unknown investigation into the intimidation of Ruby Freeman in Georgia; in Florida, we have a speedy trial invocation from Carlos de Oliveira; seven redacted search warrants with a focus on Walt Nauta; 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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