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New filing: "U.S. v. Trump (mar-a-lago docs)"
Doc #143: Response to Standing Discovery Order
PDF https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.143.0.pdf
Donald Trump has waived his arraignment in Fulton County.
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Republicans demand a ransom: Defund the prosecution of Donald Trump or else
https://www.salon.com/2023/08/30/demand-a-ransom-defund-the-prosecution-of-donald-or-else/
#RepublicansDemandRansom #DefundDonaldProsecution #TrumpProsecution #PoliticalRansom #GOPDemands #SalonNews #Politics #News
#republicansdemandransom #defunddonaldprosecution #trumpprosecution #politicalransom #gopdemands #salonnews #politics #news
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5/ MEHTA also notes that even if there were an invocation of privilege, Navarro still had to show up and assert the privilege on a question-by-question basis, and produce a privilege log.
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4/ MEHTA rules that Navarro "has not met his burden" to show a formal assertion of executive privilege.
The trial will go on.
MEHTA: "There was no formal invocation of executive privilege by [Trump] after personal consideration nor authorization to Mr. Navarro to invoke privilege on his behalf."
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3/ MEHTA: There's no evidence of any communications between Dr. Navarro/Trump about the Jan. 6 committee subpoena.
So when Navarro initially claimed Trump had invoked privilege over the subpoena, it was not accurate.
MEHTA says that Navarro's claim — that he and Trump spoke on Feb. 20, 2022 and that Trump "clearly" invoked privilege during that call — provides no specific evidence for the court to weigh.
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2/ MEHTA: Assertion of executive privilege:
1) Must be made by president or authorized rep
2) Must be made after personal consideration
3) Cannot be validly asserted by "mere acquiescence." Must be affirmative decision and specific to subpoena in question.
Trump's assertion of privilege to block Navarro testimony to the House *COVID* subcommittee did not authorize Navarro to claim privilege when he was subpoenaed later by the Jan. 6 committee.
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1/ Judge MEHTA is preparing to issue his ruling on whether Peter Navarro's contempt of Congress trial will move forward.
He's reading his ruling from the bench now.
MEHTA going through legal precedents for how presidents may assert executive privilege.
Whether Navarro's case goes to trial depends on whether Mehta was convinced that Trump explicitly asserted privilege over Navarro's potential testimony to the Jan. 6 committee.
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The judge overseeing Donald Trump's case in DC, Tanya Chutkan, has sentenced 38 January 6 defendants to jail. In 19 of those 38 cases, she matched or exceeded prosecutors’ sentencing recommendations. In four of those cases, prosecutors weren’t seeking any jail time at all.
https://twitter.com/CollinsforTX/status/1696282379654988244
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TRUMP: “For the first time in three years, brave American patriots will be able, in court, to show how the Presidential Election of 2020 was rigged and stolen.”
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16/ 🚨 Trump will stand trial on *MARCH 4, 2024* on charges that he sought to subvert the 2020 election and disenfranchise millions of voters.
This is likely to force Trump's NY trial to move and cound influence timing of Fulton County trial.
Get ready or a torrent of motions from Trump's legal team — selective prosecution, motions to dismiss and claims of executive immunity change of venue — over the next few weeks.
https://www.politico.com/news/2023/08/28/trump-trial-date-election-subversion-2020-00113186
https://archive.ph/vKjmd
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15/ LAURO: "We will certainly abide by your honor's ruling, as we must. We will not be able to provide adequate representation ... the trial date will deny President Trump the opportunity to have effective assistance of counsel."
CHUTKAN says she's "watching carefully" for anything that might affect or "poison" the jury pool. She says that if Lauro intends to poll DC residents as part of a change of venue motion, he must inform the court ex parte.
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14/ Chutkan sets **March 4, 2024** for Trump's trial on charges that he conspired to subvert the 2020 election. 🚨
CHUTKAN says she spoke to Judge Merchan in NY and let him know that her case might overlap with the NY prosecution.
This is also the date Fani Willis proposed for her trial. So .... that's not going to happen.
Jury selection will begin March 4, 2024, Chutkan says. It won't begin early, as DOJ initially wanted.
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13/ LAURO says he intends to file:
1) Select prosecution motion + request for evidentiary hearing
2) Executive immunity filing (w/ motion for stay)
3) Motions to dismiss each conspiracy count
CHUTKAN says DOJ proposeal "does not give the defense enough time to get ready for trial ... "On the other hand, the defense’s proposed date of April 2026 is far beyond what is necessary."
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12/ GASTON says the urgency of a speedy trial is particularly strong here because Trump posts about the case daily, attacking witnesses, the court and DC itself — which could taint the jury pool.
GASTON says goal is to find "the balance of the defendant’s right and need to prepare for a fair trial and on the other hand the public’s exceedingly and unprecedently strong interest in a speedy trial here."
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11/ LAURO says they intend to allege this prosecution is "retaliation" for Trump's attacks on Biden and his son. These are the red meat filings we've been expecting for ahwile.
He also says they'll challenge application of obstruction statute to this case.
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8/ CHUTKAN: "Let’s take the temperature down ... I understand Mr. Trump is presumed innocent, as is every defendant ... Let’s not overlook the fact that Mr. Trump has considerable resources that every defendant does not usually have."
LAURO rejects the idea that just because Trump had access to NARA files, Secret Service files, PAC info, etc. means he doesn't have to review it as a defense lawyer: “This man’s liberty and life is at stake. He’s no different than any American.”
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7/ CHUTKAN emphasizes that prosecutors
"The manner in which the discovery in this case has been organized indicates that the government has made a considerable effort to expedite review."
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6/ GASTON says prosecutors assembled 47,000 pages of "key documents" they highlighted for Trump defense team.
-"All of our case agent's summary testimony, any exhibits introduced through her to the grand jury."
-A file that is essentially an annotation of the indictment.
"It is essentially a roadmap to our case," Gaston says.
She adds: "We identiifed material that we agree is arguably favorable to the defendant."
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5/ 7.8 million of the pages cover:
-NARA documents
-Publicly available litigation documents
-Jan. 6 committee files
-Materials from Trump's PAC and campaign
-A consultant involved in Trump litigation
Among the remaining 5 million pages, Gaston says, are:
"Every grand jury transcript in this case up to indictment and the accompanying exhibits."
The grand jury transcripts, exhibits, notes/reports from interviews amount to 58,000 pages, Gaston says