Jack
The creator of Mueller, She Wrote, Allison Gill, and former Deputy Director of the FBI, Andrew McCabe, are documenting the federal trials of Trump. With the help of expert guests, they analyze court filings, letters, strategies, and regulations to take you through the Special Counsel process that could lead to the conviction of Donald J. Trump.
Episodes
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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Questions for the pod
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 f...
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 lis...
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!
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 East...
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
Questions for the pod
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...
This week, in Mar-a-Lago, DoJ responds to Trump’s Motion to Dismiss based on immunity and the PRA; DoJ responded to Trump’s Motion to Suppress the fruits of the Mar-a-Lago search, but that filed on Judge Cannon’s secret docket
The DC case may be impacted by emails that reveal new communications indicating Sen. Ron Johnson and his top aide were told papers sent to his office on Jan. 6 had to do with Wisconsin's Presidential Electors...
This week in Florida: Judge Cannon rules in favor of DoJ’s motion to keep witness names under seal even while saying that DoJ has the law wrong; several rulings on CIPA Section 4 motions including Nauta and De Oliveira’s bid to get access to classified discovery.
In the DC case, Kenneth Chesebro had a secret Twitter account that he kept from investigators.
Plus, another thought-provoking listener question, and more.
Brian Greer
Earlier today, SCOTUS granted cert to hear arguments in Trump’s immunity motion. At the very least, this further delays Trump’s current federal trials.
Brian Greer’s Quick Guide to CIPA
https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/
AMICI CURIAE to the District Court of DC
This week; Professor Steve Vladeck joins to discuss Trump’s immunity motion and the probable scenarios that are playing out within the SCOTUS; Trump files a plethora of motions in Florida; Carlos De Oliveira, co-defendant in the classified documents case, files a motion to dismiss; Governor Kemp reveals that he was interviewed by Jack Smith’s team; Smirnov is arrested; plus Allison and Andy answer a couple of listener questions.
Ste...
This week; Trump’s application for a stay on the immunity issue has been fully briefed to the Supreme Court– they can rule any day; Judge Engoron in the NYAG civil fraud trial has fined Trump, his two adult sons, and Weisselberg a total of $364M; plus some listener questions about Robert Hur.
Questions for the pod
Submit questions for the pod here
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Brian Greer joins to discuss the CIPA process and Trump’s latest attempts to derail the Mar-a-Lago case; DoJ’s response to Trump’s motion to compel, and their motion for Judge Cannon to reconsider her ruling; Just Security outlines some possible timelines for the DC case to proceed; plus listener questions.
Brian Greer
https://twitter.com/secretsandlaws
Questions for the pod
It has arrived…and it doesn’t disappoint!
The DC Circuit ruled 3-0 that Trump is not immune from prosecution for his actions on and around January 6, 2021.
Read the ruling here:
https://www.lawfaremedia.org/article/d.c.-circuit-rules-trump-is-not-immune-from-prosecution
Questions for the pod
Submit questions for the pod here
https://formfacade.com/sm/PTk_BSogJ
Brian Greer’s Quick Guide to CIPA
https://www.justsecurit...
So far, Trump’s delay tactics seem to be working
In DC, Judge Chutkan has taken Trump’s trial off of her calendar as the DC Court of Appeals has yet to issue its ruling on Trump’s immunity claim.
There is reporting about alleged misconduct by Walt Nauta that led to the revocation of his security clearance while he was working at the White House.
Also, there are reports of locked closets and secret rooms that the FBI did not search whe...
Before the E. Jean Carroll damages were announced it looked like Trump was having a pretty ok week. His DC trial is stayed; Jack Smith filed a list of expert witnesses in the Mar-a-Lago case; and the prosecution in Fulton County is getting some bad press.
Representative Barry “Look-at-that-beautiful-sconce” Loudermilk seems to want to get the names of some White House personnel who testified to the January 6 Committee with the guara...
This week, Judge Chutkan rules on Trump’s request to hold Jack Smith in contempt. An appeals court has decided not to hear Trump’s appeal regarding the Twitter warrant.
In Florida, there have been multiple filings and rulings, including notice of a motion from Trump challenging CIPA Section 4.
Plus, we have some great listener questions and more.
Questions for the pod
Trump’s attorney argues for absolute immunity in front of a three-judge panel in the DC Circuit Court and it goes pretty horribly; DoJ responds to Trump’s contempt motion in DC; SWATing is all the rage;
In Florida, Judge Cannon says Trump’s team does not have to let DoJ know whether they are preparing an advice of counsel defense.
Plus, we have some great listener questions.
AMICI CURIAE to the District Court of DC
https://democracy...
We are just days away from hearing arguments regarding Trump’s claim of “total presidential immunity”in the DC Circuit Court of Appeals; we’ll be discussing those briefs. Jack Smith has subpoenaed the firms Trump paid to investigate the 2020 election. Trump moves to hold DoJ in contempt for continuing to meet pre-trial filing deadlines while the DC case is stayed.
In Florida, Trump files his opposition to DoJ’s motion to compel Trum...
This week, we are joined by Judge J. Michael Luttig to go over the brief helped write to the District Court on DC in support of DoJ’s proposed trial date and against Trump’s claims of immunity. Judge Luttig reminds us that it is the Constitution, not politics, that disqualifies Trump from holding federal office, again.
Then, we discuss DoJ’s motion to limit specific arguments and evidence that Trump may try to bring up at trial.
Plu...
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