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Murgos
Oct 21, 2010

Paracaidas posted:

The motion to dismiss

I'm always tickled when Nixon and the Outer Perimeter comes up.

I read part of the conclusion. Eh, “the electors are in the constitution so therefor the president has the duty to organize alternate slates of electors” seems pretty loving weak when the constitution explicitly grants that power exclusively to the states.

Similarly, “urging the vice-president to act consistent with the president’s view of the public good” even though that view was thought to be illegal by the vice-president and the president’s own legal counsel doesn’t seem to hold water.

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gregday
May 23, 2003

More delay fuckery from Cannon

https://twitter.com/hugolowell/status/1710290033725346239

gregday fucked around with this message at 15:37 on Oct 6, 2023

Murgos
Oct 21, 2010

The thing that's so frustrating about Cannon dumb show is that this isn't a case that actually revolves around the contents of those documents so the CIPA stuff is just a dumbshow. No one is trying to show that Trump committed espionage where the contents of a highly classified document in his possession somehow ended up in a foreign actors hands (yet anyway) and the contents are critical and in dispute.

The contents of the document are only relevant in the sense that they contain "National Defense Information" whose contents if revealed could cause "Great Harm to the United States" and that Trump had them without permission and maintained them without any of the required security.

I think a competent judge could have done something like just ordered an affidavit from the owning government agencies to that effect and then performed an en camera review to confirm the affidavits and resolved that fact on their own.

Paracaidas
Sep 24, 2016
Consistently Tedious!
Chutkan ruled on Trump's requested extensions in her court

It's under ten pages and very accessible, so I'd encourage reading it yourselves if you have 5 minutes. Long and short is that she's granting a couple of extensions much smaller than he asked for, and denying another outright. Throughout, she notes the need for a speedy trial and that Trump's requests backload the calendar to a degree that she'd have little choice but to bump her start date

The mask only slips for a little moment overall:

quote:

Still, the Court will allow the defense an opportunity to explain why it believes that CIPA's statutory text and Circuit precedent do not govern this case.

eke out
Feb 24, 2013



chutkan is extremely reasonable but very obviously extremely personally interested in having a trial on time. meanwhile i'm guessing 2026 for cannon

it's very fortunate that we have ample alternative fora to convict him in

The Question IRL
Jun 8, 2013

Only two contestants left! Here is Doom's chance for revenge...

In other legal news.

Donald Trump denies giving Australian businessman US nuclear submarine secrets

Given that Trump is denying this on Truth and the Prosecution are planning to call this Billionaire to say "yeah Trump told me everything nuclear for like $25 and a box of Tim-Tams." I know whom I believe is telling the truth.

Levitate
Sep 30, 2005

randy newman voice

YOU'VE GOT A LAFRENIÈRE IN ME
if I take nothing else from all of this it's that Trump has been flipping his poo poo nonstop and despite all the bravado you know he's constantly panicking and just miserable and scared dealing with all of it and good, gently caress 'em

FizFashizzle
Mar 30, 2005







Levitate posted:

if I take nothing else from all of this it's that Trump has been flipping his poo poo nonstop and despite all the bravado you know he's constantly panicking and just miserable and scared dealing with all of it and good, gently caress 'em

Nah I think he's pretty good at compartmentalizing things and the bravado and lies is compensatory. I do think he's delusional. It's like when Haberman got cornered for never calling Trump out for his lies. She responded with the hypothetical question "is it a lie if he believes it." Nixon is the most famously psychoanalyzed President, and by the time all the papers are written Trump academia will dwarf that.

It's just he's found himself in a situation where the stakes are much higher than lying about steaks in a Sharper Image magazine.

bird food bathtub
Aug 9, 2003

College Slice
Narcissists don't really do panic and fear of consequences. Those things don't exist in the constructed world between their ears, and when reality intrudes on that bubble they react with hatred, anger, and attacking the source if possible or someone deemed a "lesser" for an ego boost.

Moktaro
Aug 3, 2007
I value call my nuts.

BigglesSWE posted:

Over/under on Jr. bringing up George Soros in his testimony?

3.5 times.

Scags McDouglas
Sep 9, 2012

bird food bathtub posted:

Narcissists don't really do panic and fear of consequences. Those things don't exist in the constructed world between their ears, and when reality intrudes on that bubble they react with hatred, anger, and attacking the source if possible or someone deemed a "lesser" for an ego boost.

This is incredibly, unbelievably, absurdly accurate.

Assuming you learned that lesson the hard way, I feel ya buddy.

Oracle
Oct 9, 2004

bird food bathtub posted:

Narcissists don't really do panic and fear of consequences. Those things don't exist in the constructed world between their ears, and when reality intrudes on that bubble they react with hatred, anger, and attacking the source if possible or someone deemed a "lesser" for an ego boost.

So what happens when attack is not an option and denial is impossible (like say when you’re locked up)?

Sundae
Dec 1, 2005

Oracle posted:

So what happens when attack is not an option and denial is impossible (like say when you’re locked up)?

Anger and vengeance daydreams against a made-up enemy who inflicted this uncalled for punishment upon you.

The Lone Badger
Sep 24, 2007

Also daydreams/rants about what an incredibly righteous person you must be in order to be persecuted like this (like Jesus!)

FizFashizzle
Mar 30, 2005







Oracle posted:

So what happens when attack is not an option and denial is impossible (like say when you’re locked up)?

New compensatory delusions or a total psychotic break.

XboxPants
Jan 30, 2006

Steven doesn't want me watching him sleep anymore.

The Lone Badger posted:

Also daydreams/rants about what an incredibly righteous person you must be in order to be persecuted like this (like Jesus!)

This part is particularly interesting to me. In this mindset, being convicted only goes to prove just how innocent you are! The more persecuted you are, the more special you are, and the more everyone else is obviously wicked. But I'd say this scenario makes him particularly desperate for ego validation, and he'd be likely to latch onto any random person who gives him a Bad Guy that he can blame. It could be The Jews, China, Corrupt Washington Elites, RINOs, nanomachines, RuPaul, whatever.

I mean TBH I would say that substance abuse would also be pretty likely. If forced to confront the bad things within themself, they will.... not do that. So any kind of dissociation is appealing for them. If drugs & booze aren't available, they can do it pretty well on their own. Bad memories just fly away.

Failed Imagineer
Sep 22, 2018

XboxPants posted:

I mean TBH I would say that substance abuse would also be pretty likely. If forced to confront the bad things within themself, they will.... not do that. So any kind of dissociation is appealing for them. If drugs & booze aren't available, they can do it pretty well on their own. Bad memories just fly away.

If Trump ever did end up in the hoosegow, it would depend whether it was some white collar day release bullshit with unfettered access to his beloved uppers, or a custom built ultramax Magneto prison where his supply of Adderall would be curtailed. Wildly different results

bird food bathtub
Aug 9, 2003

College Slice

Oracle posted:

So what happens when attack is not an option and denial is impossible (like say when you’re locked up)?

Maybe the other responses here know better than me so probably go with those? I've never been in that situation so can't speak on it. Best I can say is denial is never impossible. N-E-V-E-R. The constructed reality between their ears WILL get Etch-a-Sketch'd in to making themselves the victim.

Murgos
Oct 21, 2010

bird food bathtub posted:

Maybe the other responses here know better than me so probably go with those? I've never been in that situation so can't speak on it. Best I can say is denial is never impossible. N-E-V-E-R. The constructed reality between their ears WILL get Etch-a-Sketch'd in to making themselves the victim.

We’ve seen sovereign citizens sit and tell judges that the judge has no authority over them as they are being cuffed and led out to do 5 years in the federal penitentiary.

I have no doubt that they will spend that entire five years writing appeals that conclude that the sentence doesn’t apply to them and that after they are released they will continue to tell everyone that it was a sham trial and their incarceration was illegal up to the day they die.

They are completely capable of simultaneously being subject to the thing they insist is not possible while it is happening.

FLIPADELPHIA
Apr 27, 2007

Heavy Shit
Grimey Drawer

Oracle posted:

So what happens when attack is not an option and denial is impossible (like say when you’re locked up)?

A competent narcissist would write a book neatly outlining their own personal grievances and how they align with the imagined grievances of their fellow fascists. Bonus points if they can identify a specific minority that is the cause of all of this trouble.

selec
Sep 6, 2003

FLIPADELPHIA posted:

A competent narcissist would write a book neatly outlining their own personal grievances and how they align with the imagined grievances of their fellow fascists. Bonus points if they can identify a specific minority that is the cause of all of this trouble.

But enough about Martin Luther :catholic:

Kavros
May 18, 2011

sleep sleep sleep
fly fly post post
sleep sleep sleep

Murgos posted:

I think a competent judge could have done something like just ordered an affidavit from the owning government agencies to that effect and then performed an en camera review to confirm the affidavits and resolved that fact on their own.

That's the issue though is the matter of how you define "competent" — Eileen Cannon is significantly competent regarding the reasons she was appointed; she's a true believer installed as a functionary of a new american ideology of authoritarian capture of existing structures of representative republic. What she's doing (and will continue to do) will competently serve that.

The one part at which she has managed to show some degree of noteworthy incompetence is her response to trump's "Motion for Judicial Oversight and Additional Relief" in 2020, a not real thing that doesn't exist and cannot be granted, and she granted it anyway, and overconfidently extended her attempt to serve trump's interests severely enough to get a unanimous repudiation from the eleventh court.

Uglycat
Dec 4, 2000
MORE INDISPUTABLE PROOF I AM BAD AT POSTING
---------------->
Suppose cannon delays that trial past the election, Biden wins, the other cases play out, and a shitload of evidence and testimony are entered into the public record as each of the other cases resolves (not in tromps favor). Could more charges be added in the cannon trial?

elhondo
Sep 20, 2012
Grimey Drawer
To some degree that's occurred already via a superseding indictment.

C. Everett Koop
Aug 18, 2008

The Question IRL posted:

In other legal news.

Donald Trump denies giving Australian businessman US nuclear submarine secrets

Given that Trump is denying this on Truth and the Prosecution are planning to call this Billionaire to say "yeah Trump told me everything nuclear for like $25 and a box of Tim-Tams." I know whom I believe is telling the truth.

It's also likely the Aussie said "nice sunset we're having over the ocean" and Trump's train of logic jumped several gaps and led to him talking about secret nuke subs and pulling out classified docs before someone led him away.

duodenum
Sep 18, 2005

It's probably because a while ago there was something about Australia choosing between French and American submarines.

Oracle
Oct 9, 2004

duodenum posted:

It's probably because a while ago there was something about Australia choosing between French and American submarines.

Ooh good recall. I had forgotten about that. Man the French were pissed.

SpeakSlow
May 17, 2004

by Fluffdaddy
Low-Key Rooting For Trump's IBS kinda day.

Paracaidas
Sep 24, 2016
Consistently Tedious!
Looks like Trump's crew is going to continue to push the "but where was the financial motive?" argument in response to RICO.

https://twitter.com/AnnaBower/status/1711424032225087900
https://twitter.com/AnnaBower/status/1711426415164375123

Like most of their other defenses, that's an uphill climb.

AtomikKrab
Jul 17, 2010

Keep on GOP rolling rolling rolling rolling.

Especially with how Trump has used the office of the President or campaigning for office to uh... make money.

Angry_Ed
Mar 30, 2010




Grimey Drawer

AtomikKrab posted:

Especially with how Trump has used the office of the President or campaigning for office to uh... make money.

And is in fact still doing so. Right now.

Murgos
Oct 21, 2010
I hope Cheesebro can find the fortitude to give Trump the finger and flip. He’d blow both the Georgia and DC cases wide open.

Kavros
May 18, 2011

sleep sleep sleep
fly fly post post
sleep sleep sleep

Murgos posted:

I hope Cheesebro can find the fortitude to give Trump the finger and flip. He’d blow both the Georgia and DC cases wide open.

For my own part, I neither want him to be offered nor accept a plea deal. Going through what little we even know now, Chesebro was broadly and sincerely intent on ... well, fascist takeover. The news outlets will have to find less inflammatory ways to put that, but that's basically what he was all about. I want the ones in that particular category of toadies and quislings to join their big orange wet man in lengthy federal prison terms

SpeakSlow
May 17, 2004

by Fluffdaddy
I mean, it's not like he didn't tell us about his debt early on. "The King Of Debt"? I think that was the phrase.

And just because the con has more than one phase, that doesn't make it genius. At best he's craven and cunning....which of course he projects on his opponents using eldrich carny magic. But I Big League Digress.

InsertPotPun
Apr 16, 2018

Pissy Bitch stan
wasn't it jefferson himself that went to the supreme court and was all "no, that's not what i meant when i wrote it" and the sc was all "we don't care"?

just lol in general at the legal strategy of "do you know who i am?? i am no common street thug motivated by money or drugs! i just wanted unlimited power as invested in someone who will owe me, and certainly repay, a favor!"

InsertPotPun fucked around with this message at 22:38 on Oct 9, 2023

FizFashizzle
Mar 30, 2005







InsertPotPun posted:

wasn't it jefferson himself that went to the supreme court and was all "no, that's not what i meant when i wrote it" and the sc was all "we don't care"?

This was a common theme in early 19th century debates about the “meaning” of this or that. There were multiple framers who were still alive they could have just asked.

Murgos
Oct 21, 2010

FizFashizzle posted:

This was a common theme in early 19th century debates about the “meaning” of this or that. There were multiple framers who were still alive they could have just asked.

And yet today we have SC justices who claim to be divining the original intent of the framers by putting words into their mouths and making things up just to give their pre-textual and entirely self serving decisions a false air of legitimacy.

I think I’d rather just have the honest, “don’t care what you meant” instead of the false justifications.

Paracaidas
Sep 24, 2016
Consistently Tedious!
Justice filed a motion yesterday with Chutkan best described as 'put up or shut up' for Trump's advice of counsel arguments.
They ask that Chutkan make Trump give formal notice by December 19th or be barred from using that defense during trial.

quote:

The defendant has provided public notice that he intends to rely on an advice-of-counsel defense at trial. When a defendant invokes such a defense in court, he waives attorney-client privilege for all communications concerning that defense, and the Government is entitled to additional discovery and may conduct further investigation, both of which may require further litigation and briefing. To prevent disruption of the pretrial schedule and delay of the trial, the Court should exercise its inherent authority to require the defendant to provide notice in court of his intent to assert such a defense by the date exhibit lists are due, December 18, 2023.
The italicized is one of many references to the defense's post-indictment media tours, and factors in to one of justice's arguments distinguishing the case from rulings that'd otherwise go against this motion.

More detail on the bolded. Note the Brady-esque requirement for this affirmative defense.

quote:

In invoking the advice-of-counsel defense, the defendant waives attorney-client privilege
on all communications concerning the defense. See White, 887 F.2d at 270; United States v.
Crowder, 325 F. Supp. 3d 131, 137 (D.D.C. 2018).

Accordingly, once the defense is invoked, the defendant must disclose to the Government (1) all “communications or evidence” the defendant intends to rely on to establish the defense and (2) any “otherwise-privileged communications” the defendant does “not intend to use at trial, but that are relevant to proving or undermining” it. Crowder, 325 F. Supp. 3d at 138 (emphasis in original). See United States v. Stewart Rhodes, 22-
cr-15 (D.D.C.), ECF No. 318 at 2 (quoting Crowder); Dallman, 740 F. Supp. 2d at 814 (waiver is for “information defendant submitted to the attorney on which the attorney’s advice is based, the
attorney’s advice relied on by the defendant, and any information that would undermine the defense”); United States v. Hatfield, 2010 WL 183522, at *13 (E.D.N.Y. Jan. 8, 2010) (“This
disclosure should include not only those documents which support [defendants’] defense, but also all documents (including attorney-client and attorney work product documents) that might impeach or undermine such a defense.”); United States v. Scali, 2018 WL 461441, at *8 (S.D.N.Y.
Jan. 18, 2018) (quoting Hatfield).

Accordingly, waiting until the eve of trial—or, worse, when jeopardy attaches—to raise an
advice-of-counsel defense risks causing substantial disruption and delay, particularly in this case given the number of attorneys involved.

About that media tour...

quote:

For example, some courts have refrained from requiring notice because it would force the defendant to reveal an intended defense before trial. See Meredith, 2014 WL 897373, at *1 (declining to require notice of advice-of-counsel defense because it “would require the defendant to reveal his trial strategy pretrial”); Ray, 2021 WL 5493839, at *5 (declining to require the defendant to disclose his defense). But here the defendant has broadcast to the world his intent to rely on this defense

My wildass unsupported guess is that Chutkan will find the timing element compelling and may not grant the 12/18 date but suspects, as Justice clearly does, that Trump'll make facially inadequate disclosures as late as possible in order to force Justice to decide between accepting them without complaint or postponing the trial.

Paracaidas fucked around with this message at 16:30 on Oct 11, 2023

Devor
Nov 30, 2004
Lurking more.

Paracaidas posted:

My wildass unsupported guess is that Chutkan will find the timing element compelling and may not grant the 12/18 date but suspects, as Justice clearly does, that Trump'll make facially inadequate disclosures as late as possible in order to force Justice to decide between accepting them without complaint or postponing the trial.

It's interesting that it creates a requirement that the defendant turn over what I'd describe as "reverse Brady" communications that would undermine his defense. If you can't trust Trump or his lawyer, how do you trust his disclosure?

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bird food bathtub
Aug 9, 2003

College Slice

Devor posted:

It's interesting that it creates a requirement that the defendant turn over what I'd describe as "reverse Brady" communications that would undermine his defense. If you can't trust Trump or his lawyer, how do you trust his disclosure?

At this point I don't think anyone does trust what he's going to say and a lot of these disclosure requirements are laying rakes in his path then forcing him to step on them. "Give us the information. Then we'll investigate your lies, and when we find out you lied about it we get to hammer you even harder for that too." Not a lawyer or on this case so can't state that as ironclad fact. Just going a lot by what I saw in the Alex Jones trial since the parallels are amazing.

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