27 September 2024

I Believe that is Legalese for, "You Can Try, You Pathetic C%$#s"

As you may be away, Special Prosecutor Jack Smith filed a briefdescribing the evidence evidence related to the Donald Trump sedition case yesterday.

He asked for, and got, permission to file a brief that is far longer than is customary, as much as 180 pages as opposed to the normal 45 page brief.

One of the questions is whether this brief will be released to the public in whole or in part, and now federal Judge Tanya Chutkan has given the Trump lawyers until Tuesday to offer an argument to keep the information under seal.

Let's see ……… 180 page brief ……… 2½ working days or 4½ calendar days to make an argument to keep this information out of the public eye.

I'm an engineer, and not a lawyer, dammit,* but it does seem to me that Chutkin is disinclined to take any arguments made by the Trump legal team seriously.

This is not a sign of bias, but rather an argument that the Trump legal team has not made any arguments that have come even close to being serious:

A federal judge on Friday gave lawyers for Donald Trump four days to challenge the partial public release of a nearly 200-page special counsel filing on why the former president can be criminally prosecuted for his efforts to overturn the results of the 2020 election.

In an order posted on the public docket of Trump’s criminal case in Washington, U.S. District Judge Tanya S. Chutkan gave Trump until noon Tuesday to dispute the government proposals on what to disclose and keep secret in its massive filing, and until Oct. 10 to object to similar proposed redactions in four attached documentary exhibits. The filing is a key part of the criminal case alleging Trump illegally attempted to overturn Joe Biden’s electoral victory, and it was expected to reveal new details of the evidence investigators had gathered.

Prosecutors said the main filing could include roughly 90 pages of new and previously disclosed facts explaining why Trump should still face trial after the Supreme Court’s landmark decision in July that gave presidents broad immunity from prosecution for their official actions.

Chutkan also made public a request by prosecutors to keep certain sensitive information secret in its opening immunity briefing filed Thursday. That sensitive information includes the names of witnesses other than those already identified in Trump’s 36-page indictment — such as former vice president Mike Pence — grand jury testimony, materials obtained through sealed search warrants, transcripts and reports of witness interviews, and materials obtained from other governmental entities, prosecutors wrote. 
I think that Chutkan is likely to approve a motion keeping things like witness names secret, because Trump and his attorneys have already engaged in stochastic terrorist threats against witnesses when their names were revealed, as well as prosecutors, Judge Chutkan, other judges, the families of judges and prosecutors, and employees of the various courts.

This certainly won't result in a trial before the election, but I'd love to see the redacted version of the filing in the next few weeks.

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