Judge Aileen Cannon is successfully bogging down the Mar-a-Lago proceedings. It seems undeniable that she is biased towards Trump. At least that’s what Trump supporters have thought all along.
Justice Sam Alito tries to throw his wife under the bus for flying an upside-down American flag in front of their house.

Plus, a listener question.

Complaint of Judicial Misconduct or Disability
https://www.uscourts.gov/forms/other-forms/complaint-judicial-misconduct-or-disability

Glenn Kirschner’s Video
https://youtu.be/0MXVfiTa3KM?si=LGaHDMkJR73dOzA4

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The Threat

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

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Today we bring you our live panel discussion hosted by Anna Bower of Lawfare and featuring myself, our SIPA expert, Brian Greer, and of course, Andy McCabe. 

In this show, we'll be going over the latest trial postponement from Judge Aileen Cannon, as well as an overview of where we are now, where we started, and how we got here.

Plus, audience questions!  

Thank you

Anna Bower
https://twitter.com/AnnaBower

Film Vision Media
https://www.filmvm.com/

Michael V. Hayden Center for Intelligence, Policy, and international Security at George Mason University's Schar School of Policy and Government
https://haydencenter.gmu.edu/

Brian Greer

https://twitter.com/secretsandlaws

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Donald Trump has submitted his motion to dismiss the Florida espionage and obstruction charges based on vindictive and selective prosecution. Trump argues (erroneously and weakly) that his conduct was similar to that of Mike Pence and Joe Biden. 

Walt Nauta’s grand jury testimony has been released. With a few notable exceptions, it’s mostly the same lies he told the FBI.

Michigan’s Attorney General executed a search warrant to get hundreds of pages of documents from Chesebro’s secret twitter account. We go over how that could affect Jack Smith’s case.
Plus, a listener question and more!  

Government’s Response to Defendant Waltine Nauta’s Motion To Extend Time
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.522.0.pdf

Jack Live! A Special Counsel Podcast
https://haydencenter.gmu.edu/event/jack-live-a-special-counsel-podcast/

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Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare

https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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

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

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

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The Supreme Court has heard arguments in Trump’s claim of absolute immunity. We’re going over the highlights and lowlights from the hearing. Including Justice Alito’s misreading of the DC Circuit’s ruling.
Plus, a listener question, and more!

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May 7 with Andy McCabe and Brian Greer: 
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The Threat

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

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This week; Donald Trump had a bad week and the coming weeks don’t look much better for him. The jury has been seated in the Manhattan election interference case. There’s a hearing scheduled regarding his shady bond in the NYAG civil fraud case. CIPA Section 5 deadlines are rapidly approaching in the Mar-a-Lago willful retention case. Oral arguments in the Supreme Court over Trump’s immunity bid in the January 6 case are scheduled for next week. 
Plus, a couple of listener questions, and more!

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

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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 long list of retired Admirals and Generals filed an amicus brief to the Supreme Court in Trump’s upcoming absolute immunity argument.
In Florida, Judge Cannon grants, in part, Smith’s motion to reconsider releasing witness names and statements. Cannon also set an April 12th hearing for Nauta’s and de Oliveira’s Motions to Dismiss. 
Andy has some fun going over the transcript of Nauta’s FBI interview.
Plus, a couple of listener questions, and more!

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Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare

https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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The Threat

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

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This week; Jack Smith responds sharply to Judge Cannon's order to write jury instructions based on the Presidential Records Act (PRA); Cannon denies Trump’s Motion to Dismiss based on the PRA, but doesn’t rule that he cannot try to use it as a defense.

The American College of Trial Lawyers release a statement condemning Trump’s dangerous rhetoric as a risk to democracy.

Plus, a couple of listener questions, and more!

Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare

https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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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 Cannon’s court; both sides file notices of responses and replies that they've filed on the secret docket, but DoJ’s public filing gives a glimpse into what is in the secret filings; Carlos de Oliveira requests a bill of particulars in his response to DoJ’s opposition to his motion to dismiss; we are still awaiting responses to Cannon’s order to submit potentially erroneous jury instructions.

We have updates on John Eastman’s and Jeffrey Clark’s disbarment proceedings.

Plus, a couple of listener questions, and more!

Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfare
https://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered

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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: the New York Times sheds light on the timeline of DoJ’s investigation into the coup plot; Trump’s immunity brief has been filed with the Supreme Court; Brian Greer joins us to discuss Judge Cannon’s odd order regarding jury instructions and the PRA.

 

Plus, a couple of listener questions, and more!

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

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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 Mar-a-Lago, Jack Smith responds to Trump’s motions to dismiss, Cannon dismissed one of Trump’s motions, but that’s not all good; Steven Miller’s organization filed an amicus brief supporting dismissing the case based on the Presidential Records Act; Judge Cannon extends the filing period for reply briefs and lays the groundwork for what could be some serious shenanigans.

In an interview with Kaitlin Collins “Witness #5” said he heard a Mar-a-Lago guest discussing that Trump told him confidential information about submarines.

Plus, a couple of listener questions, and more!

The Presidential Records Act
The Presidential Records Act | National Archives

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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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