Mueller, She Wrote

Jack Smith has not requested an expedited briefing schedule in the appeal to the 11th Circuit to reverse Cannon’s dismissal.Cameras caught Chesebro doing his dirty work to perpetuate the Jan 6 scheme.Judge Chutkin has her case back!We shed some light on Trump’s Project 2025 plan for DoJ.Plus we take some listener questions. Joan BiskupicThe inside story of John Roberts and Trump’s immunity win at the Supreme Court | CNN PoliticsAli VelshiProject 2025's plan for Donald Trump's Justice DepartmentDemocracy DocketWhat is Project 2025 And Why Is It Alarming? - Democracy Docket Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior Restrai

This week we go over what Jack Smith’s appeal to the 11th Circuit will look like and why Judge Cannon will likely be overturned.Donald Trump threatens to sue DoJ for violating his Constitutional rights. Plus we take some listener questions. Professor LedermanUnited States v. Nixon at Fifty: Why Judge Cannon Is Wrong About the Attorney General’s Authority to Select a Special Counsel  Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule

This week Jack Smith filed notice that DoJ will be appealing to the 11th Circuit Judge Cannon’s dismissal of the Mar-a-Lago indictment.We expect that he will request that the appeal is heard on an expedited basis.The sentences of many January 6 rioters who had a charge of obstructing an official proceeding are being revised due to the recent SCOTUS decision narrowing the scope of the charge.Plus we take several listener questions. Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information In

She did it! Judge Aileen Cannon dismissed the Mar-a-Lago case. She bought Justice Clarence Thomas’s drive-by concurrence in the immunity ruling saying Jack Smith was appointed unconstitutionally.Jack Smith has requested permission from Merrick Garland to appeal Cannon’s ruling. Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJenksJencks M

The immunity question will be in Judge Chutkin’s court very soon. It’s unlikely that we’ll get a public hearing to decide what evidence is admissible.In Florida, Judge Cannon denied  de Oliviera’s motion to dismiss based on selective and vindictive prosecution.Plus, listener questions and more!Hugo Lowellhttps://twitter.com/hugolowell  Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20eviden

Allison was a guest on ABC Radio National | Sunday Extra to discuss the immunity rulingCheck out more from Australia!Sunday Extra presents a mix of national and international affairs, analysis and investigation with Julian Morrowhttps://www.abc.net.au/listen/programs/sundayextra Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guiltJenksJencks

Steve Vladeck joins Allison and Andy to discuss the immunity ruling from SCOTUS. The Roberts Court showed that it is more beholden to ideology than the Constitution.What’s next for the Trump prosecutions? What’s next for the country? Steve Vladeckhttps://twitter.com/steve_vladeckhttps://stevevladeck.substack.com/ Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20th

Judge Cannon is off on several side quests. Including hearings on alleged violations of Trump’s 4th Amendment rights; the funding of the Special Counsel; Evan Corcoran’s notes.She’s also called for briefings on Trump’s motion to dismiss based on spoliation of evidence.We have updates to Jack Smith’s motion to modify Trump’s bail conditions and information about a previously unknown trip Trump took from Bedminster to Mar-a-Lago before the search to check on his boxes.The Supreme Court handed down its ruling on the Fischer case. How does their interpretation of 18 U.S. Code § 1512 affect Trump’s indictment?Plus, a listener question.  Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https

It has come to light that two “more experienced” judges urged Cannon to recuse herself from the Mar-a-Lago documents case. One of them was Chief Judge Altonaga. Nevertheless, Cannon stayed on the case and has turned it into a complete mess.America First Legal– a Stephen Miller joint– has been allowed to participate as amici.We are still waiting on SCOTUS to drop their Presidential Immunity opinion so the DC case can proceed.Plus, listener questions. Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | L

Judge Cannon struck a paragraph from Trump’s indictment and denied denied Trump’s motion to dismiss on insufficient pleading grounds. She may have made a significant legal error in one of her rulings. Trump filed a new motion to dismiss claiming spoliation of evidence.All this and more!Plus, a listener questions and more. Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20aga

Again, Judge Cannon has rearranged the pre-trial schedule AND is allowing oral arguments from non-parties in a hearing about whether Jack Smith was appointed and funded appropriately. This is the same sort of motion to dismiss that Judge Chutkin dismissed in a matter of days.We have an update on Jay Bratt’s motion to modify bail conditions that he refiled since our last episode.Walt Nauta’s attorney cops to missing filing deadlines.Federal law enforcement is still investigating the Michigan fraudulent electors scheme.Plus, a listener question and more. Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint |

Judge Aileen Cannon has denied DoJ’s motion to modify Trump's bail conditions. The Smith team filed the motion without conferring with Trump, but not on an emergency basis. She also denied Trump’s request for sanctions.  Jack’s team has refiled their motion after conferring with Trump’s lawyers.Cannon calls for briefs in an upcoming hearing to determine whether the appointment of Jack Smith is lawful.Andy and Allison also detail why this case was brought in Florida and not D.C.Trump was found guilty on all 34 felony counts in New York.Plus, a listener question.The latest:Government’s Motion for Modificationof Conditions of Release https://s3.documentcloud.org/documents/24712899/592-usa-mt-modify-conditions.pdf Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know

Judge Aileen Cannon continues to complain– after much deliberation– about having to grant DoJ’s motions. Trump’s lawyers deceive the court in their motion to dismiss by mischaracterizing the language in the Mar-a-Lago search warrant. Hearings on that got heated. DoJ files a motion to modify Trump’s bail conditions.Chief judge for the D .C. District Court denied Walt Nauta's overly broad bid to release all grand jury matters related to the investigation to the Florida court. Plus listener questions and more.Government’s Motion for Modificationof Conditions of Releasehttps://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.581.0.pdf Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/

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 Disabilityhttps://www.uscourts.gov/forms/other-forms/complaint-judicial-misconduct-or-disabilityGlenn Kirschner’s Videohttps://youtu.be/0MXVfiTa3KM?si=LGaHDMkJR73dOzA4   Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law |

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 youAnna Bowerhttps://twitter.com/AnnaBowerFilm Vision Mediahttps://www.filmvm.com/Michael V. Hayden Center for Intelligence, Policy, and international Security at George Mason University's Schar School of Policy and Governmenthttps://haydencenter.gmu.edu/Brian Greerhttps://twitter.com/secretsandlaws Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_403

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 Timehttps://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.522.0.pdfJack Live! A Special Counsel Podcasthttps://haydencenter.gmu.edu/event/jack-live-a-special-counsel-podcast/ Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJCould the Special Counsel Challenge Judge Cannon’s Jury Instru

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!Subscribe to AG's Substack for freemuellershewrote.substack.comMay 7 with Andy McCabe and Brian Greer: https://signup.e2ma.net/signup/2000418/1968319/ Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady MaterialBrady Rule | US Law |Cornell Law School | Legal Information Institutehttps://www.law.cornell.edu/wex/brad

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! Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Code § 1512https://www.law.cornell.edu/uscode/text/18/1512 Prior RestraintPrior Restraint | Wex | US Law | LII / Legal Information InstituteBrady Material

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!Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJCould the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered? | Lawfarehttps://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  AMICI CURIAE to the District Court of DC https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-C

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? | Lawfarehttps://www.lawfaremedia.org/article/could-the-special-counsel-challenge-judge-cannon-s-jury-instructions-before-they-re-delivered Questions for the pod Submit questions for the pod here https://formfacade.com/sm/PTk_BSogJ  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.pdfGood to know:Rule 403bhttps://www.law.cornell.edu/rules/fre/rule_40318 U.S. Cod