Month: February 2024

Trump Legal Issues Update including Calendar Wars

by Dave

The big question is what comes after the Hush Money case. I call this “calendar wars.” I really tried to adhere to the axiom, “Everything should be made as simple as possible but not simpler” often attributed to Einstein.

— Calendar Wars

The Hush Money trial starts March 25 and may go through mid-May, which would allow another criminal trial to begin. It is unclear which one – Documents or Jan 6 case. Trump’s team would like both delayed to post-November, but they could opt to accept a pre-election start date for the Documents case so they can push the more damaging Jan 6 case to after the election. For political purposes, always the less embarrassing case goes first. The Jan 6 case could be put on hold by the Supreme Court.

It is also been suggested by commentators that Judge Cannon might be more lenient to Trump’s delaying tactics with frivolous motions than Judge Chutkan. It looks hopeless that the Georgia trial case will start prior to 2025. But, we shall see.

Hush Money Case: There will be a lot of commentary connected with this trial. Republicans will certainly down play this case, claiming it should be a misdemeanor charge, rather than a felony.

Prosecutors have asked Judge Juan Merchan to order a partial gag order barring Trump from making or directing others to make public statements about potential witnesses, prospective jurors and members of the prosecution team and their families other than District Attorney Alvin Bragg. Trump can blast away at DA Bragg all he wants and has already made a lot of false statements. See link below:

CNN Fact check: Trump makes false and evidence-free claims at Manhattan courthouse

DA Alvin Bragg has described the case in terms of 2016 election interference, which I believe is correct. The secret payments to Stormy Daniels and Karen McDougal were done, so his election prospects wouldn’t be hurt by knowledge of these affairs. His reported sexual encounter with Stormy Daniels (Stefanie Clifford) was just one time. He suggested to her, that she could be on his show, “Celebrity Apprentice” but this never happened. She claims he tried to keep the affair alive but she rejected this. The affair with Karen McDougal lasted 9 months.

There has been a lot of contentious issues of who should be allowed to testify and what evidence is material to this case. Donald Trump will absolutely appeal any conviction and these pre-trial motions will be a part of his appeal. See link:

Link: Trump seeks to block Stormy Daniels, Michael Cohen from testifying at NY hush money trial

Jan 6 Case: Trump’s ex-presidential immunity case is now pending in the Supreme Court. What his lawyers want, is to put a hold on the start of the January 6 election obstruction trial. The Special Counsel urges the Supreme Court to either allow the Appellate court ruling to stand, and begin trial as soon as possible or to hear the case on a highly expediated schedule.

Most experts predict that Trump is destined to lose the case, so the issue is whether he can delay it to after the election. So far, no decision. Conservatives on the bench can hand Trump a victory, simply by taking up the case, and then pushing it to the next term to be decided. The three liberals probably have heard enough on this subject, and would be ready to rule against Trump immediately.

Documents case: Pre-trial motions keep going back and forth. Judge Cannon ordered documents unsealed so Trump’s team could know potential witnesses that could be called by the prosecution. Smith request a reconsideration of the order, and he may file an appeal if Cannon doesn’t reverse herself. Legal experts have generally sided with the prosecution, as it gives Trump’s team time to find ways of intimidating witnesses. Trump is well known for his attacks on just about everyone involved in a case against him.

Trump also filed a lengthy “motion to dismiss” brief, and Cannon wants separate briefs for each issue. The Rolling Stone’s lyric, “Makes a grown man cry” is probably resonating in the Smith’s office as Judge Cannon seems reluctant to rule against Trump. Presidential immunity is part of the motion to dismiss, and I’m thinking it is the quickest way to put the whole trial on hold. As discussed in “Calendar Wars” a lengthy hold on the Documents case could disadvantage Trump, as the more damaging January 6 case becomes the likely successor to the Hush Money case.

Judge Cannon has scheduled a hearing on March 1 to review delays in the trial date. The Special Counsel would like the trial to begin on May 20, 2024, but legal experts suggest this date is unrealistic.

Link: The Trump Docket: Jack Smith and Mar-a-Lago judge set for major showdown over protecting witnesses in documents case

Georgia Election Interference Case: We will know soon if DA Fani Willis affair with Nathan Wade will end in her disqualification. The entire conspiracy case disappears at this point! Just as I was ready to post this, Judge McAfee ordered Terrence Bradley, who was Nathan Wade’s partner and divorce lawyer, to answer additional questions, ruling that attorney-client privileges do not extend as far as he allowed before in the hearing.

Michael Roman and several other co-defendants in Trump’s election case are seeking Willis’ disqualification from the case on the grounds that she benefited financially from a “personal, romantic relationship” with Wade, who she hired for the case.

Judge has scheduled a hearing on March 1 on the Willis/Wade romance. I am hoping this does not derail the case.

No date has been set for conspiracy trial. It will be televised and a bit of a circus with all the lawyers defending 15 defendants. For this reason, I believe the Jan 6 federal case is, with the sole focus on obstruction of justice and interference in election proceedings by Trump, is still the most damaging. If Trump gets re-elected, the January 6 case will be sure be dismissed but the Georgia case will continue.

This sums up the four criminal cases. In related cases, Trump needs to come up with bond for the civil cases, which have been appealed. This is a very fluid story of what is possible. There’s the Colorado Disqualification case in the Supreme Court, which may rule in Trump’s favor. I would like this, as voters not judges, need to decide elections.

Stay tuned,

Dave

What Rigged Elections look like

by Dave

Pictured above is an extremely brave woman. The photo is from the Associated Press. It may have been a photo from 2020, when massive protests broke out after the last rigged election. The flag with one red stripe, was used by Belarus before the only free and fair election in 1994.

Belarus declared independence from the Soviet Union in July 1990. Elections in 2001, 2006, 2010, 2015 and 2020 to reelect Alexander Lukashenko were completely fraudulent. This year will be on February 25, 2024 will be no different.

Per AP reporting: “President Alexander Lukashenko, who has ruled Belarus for nearly 30 years, charged that the West will try to use ‘new triggers to destabilize the society’ after the Feb. 25 vote.” So, the autocratic leader of Belarus has to point to the West for all the discontent.

As Lukashenko has brutally suppressed human rights, including taking thousands of political prisoners, western countries imposed economic sanctions. His centralized economy has been a disaster.

Political parties must be registered in Belarus. They must support Alexander Lukashenko. I particularly like the name of one political party, The Republican Party of Labor and Justice, which will continue the support the injustices under Lukashenko.

Alexander Lukashenko has systematically destroyed democracy and human rights in Belarus. He has remained in power with the support of Russia. They may have declared independence from Russia nearly 30 years ago, but they grow more dependent on favorable treatment from Putin’s Russia every year. (see links on economic links to Russia)

So Lukashenko will win the election, not because he is popular with the electorate but he has outlawed the opposition parties and suppressed free expression. If mass demonstrations occur following the 2024 elections, it will be bloody.

I applaud the very brave and patriotic lady lifting the flag in defiance of Alexander Lukashenko.

Stay tuned,

Dave

Links:

AP: As Belarus votes in tightly controlled elections, its leader accuses the West of fueling unrest

Wikipedia: Belarus

Center for Eastern Studies: A crisis rather than a disaster. The Belarusian economy a year into Russia’s war against Ukraine

Wikipedia: Human Rights in Belarus

US State Department Travel Advisory

(Level 4: Do not travel, US Citizens advised to leave as of 2022).

The Biden-Ukraine Conspiracy Theory

by Dave

Today’s CNN Headline: Indicted ex-FBI informant told investigators he got Hunter Biden dirt from Russian intelligence officials

See link: Indicted ex-FBI informant told investigators he got Hunter Biden dirt from Russian intelligence officials

Wow, that’s a lot to unpack. This happened yesterday in a courthouse in Las Vegas, where Alexander Smirnov, the indicted informant was being held. The Special Counsel’s office wanted Alexander Smirnov held without bail. The Judge rejected this and released Smirnov with an ankle bracelet and restricted travel.

The Biden-Ukraine conspiracy was being kept alive in four places, Donald Trump’s campaign rallies, House of Representatives, Fox News and social media websites. It was just good fodder for Republicans who bought into the “Biden crime family” nonsense.

From Wikipedia’s website: Since early 2015 Hunter and his father Joe Biden have been the subjects of false and baseless claims of corrupt activities in a Biden–Ukraine conspiracy theory pushed by then-U.S. President Donald Trump and his allies.”

It was pushed by many Republicans, particularly chairmen of three House Committees. Representative James Comer, head of the House Oversight Committee really went on the attack:

“Unless U.S. Attorney Weiss investigates everyone involved in the Bidens’ fraud schemes and influence peddling, it will be clear President Biden’s DOJ is protecting Hunter Biden and the big guy,” Comer wrote, referencing the president as “the big guy.”

This conspiracy theory was permanently put to rest, with the arrest of Alexander Smirnov on February 14, 2024. He was an incredible con artist and was able to convince the FBI that he had some information of corruption worth listening to in the FBI offices of Pittsburgh. James Comer probably regrets he told the Special Counsel to dig deeper into the FBI investigation because the actions of Smirnov went from useless leads to criminal activity of lying and falsifying reports.

At the bail hearing, it was revealed that Smirnov had a US and an Israel passport, over 6 million dollars in liquid assets, and admitted to being in contact with Russian military intelligence officers, late last year.

As I will explain, the conspiracy promoted by Republicans died, but it spawned a whole new series of allegations of Russia’s attempt to hurt Biden’s campaign. Of course, this all is based on the statements of a lying FBI informant, which I am certain is being checked out by the FBI right now.

The false narrative: Hunter Biden secured a very high paying job working for Burisma energy company in Ukraine beginning 2014 at the same time that Biden was Vice President. The actual value of the contract varied, but it has been reported that some months, he made $50,000. It was alleged that VP Biden received a 5 million dollar bribe from Burisma, and in return was able to pressure the Ukrainian government to fire their general prosecutor, Vitor Shokin in March 2016, to stop an investigation of corruption within Burisma. It was also alleged that Hunter Biden also received a 5 million dollar bribe for his help.

******

Now the truth. There were no bribes. Not one penny ever exchanged hands between the president of Burisma, Mykola Zlochevsky, to either Hunter or Joe Biden for “favors.” This false narrative was at the foundation of Biden impeachment inquiry as launched in the House Oversight Committee, chaired by Representative James Comer. The House Judiciary Committee and the House Ways and Means committee were to be part of this inquiry.

It was an inquiry based on nothing. It was pure circus, put on for purposes of helping Republicans in the election. “It’s very clear that they’ve all been dupes to a Russian disinformation propaganda effort” says Rep. Jamie Raskin on Republicans falling for the claims made by the now-indicted “informant” with ties to foreign intelligence agencies.

Burisma paid Hunter Biden very well to be on the Board of Directors of Burisma from 2014 to 2019. Also, VP Biden stated that as a condition of loan guarantees to Ukraine, the Ukrainian government had to take steps to reduce corruption by replacing their general prosecutor, Vitor Shokin. Both the US and EU wanted Shokin fired as he was an ineffective in fighting corruption. Vitor Shokin was fired in March 2015.

****

The Oversight Committee which overlooks the truth and looks for scandal for political purposes

Devon Archer had worked with Hunter Biden in Ukraine, so he was subpoenaed by the Oversight committee. He denied there was any bribes, but Representative Comer took statements out of context, to imply that there was a working relations between Hunter and Joe Biden, when Biden was Vice President. On occasion, Hunter Biden had his father say hello and exchange pleasantries with contacts. Hunter Biden was to appear in a closed door committee hearing. He wanted to appear in an open session so his testimony would not be cherry picked, as was the case with Devon Archer.

Representative Chuck Grassley released a unverified FBI form, called a FD 1023, which contained Alexander Smirnov’s fabricated story of bribery between Hunter Biden and Ukraine officials on July 20, 2023. Smirnov detailed a meeting he attended in Vienna with Burisma’s president, Mykola Zlochevsky, in which Zlochevsky stated he paid 5 million dollars to Hunter Biden and other 5 million dollars to “the big guy.” The FBI released the form to Grassley after he threaten to hold the FBI in contempt of Congress.

Grassley releases internal FBI document about unverified Biden bribery allegations

More documentation on events that just not happen. The FBI did everything possible to stop the release of this misinformation by Congress and interfering with a legitimate investigation. Prior to the release of the FD 1023, an arrested associates of Rudy Giuliani, Lev Parnas, testified that there was no bribe, and Giuliani became very upset on hearing this news and told Parnas not to tell anyone.

Every bit of information supporting bribery just seemed to be falling apart, but Republicans didn’t care. The conspiracy was already told many times on Fox News, particularly that Biden was taking bribes from an Ukrainian business as Vice President. The bribery scheme was promoted more than 80 times by Sean Hannity on Fox News. As we just learned, it may just be he was promoting Russian propaganda. Still too early in the new investigation. See links below.

A final twist is Hunter Biden, through his lawyers, is stating that a factor why his plea deal fell apart, what because of the false reports from the FBI informant. Seems like a long shot and he may lose on this issue. The judge ultimately rejected the deal, and had no information about false reports from the FBI.

This is a very fast evolving story, so I can only report today’s news.

What’s next

On February 14, 2024, FBI informant Alexander Smirnov was indicted for lying to the FBI and creating false reports on multiple occasions. At his bond hearing, it was stated by prosecutors that he was a flight risk and had 6 million dollars in liquid assets. He was released with an ankle bracelet and restricted in his movements. I am certain at this point, he is being carefully monitored and protected so he is available for trial. (This isn’t Russia).

The FBI and Justice Department are doing their job. Hunter Biden will go on trial for falsifying a gun purchase form and tax related charges. There will likely be more information on Alexander Smirnov. The indictment states he was never in direct contact with Mykola Zlochevsky and all contacts were well after the period when Joe Biden was not Vice President.

The Impeachment inquiry of Joe Biden by the House Committee on Oversight should “pack up their tents and go home” as Jamie Raskin suggests, because the circus is over. I agree. The House Republicans control the committees, and will not have open hearings that show they were duped and likely promoted Russian propaganda to help Donald Trump.

Republicans likely will try to salvage the inquiry, from what is left. The only way the full story will be revealed, is after the election, if Democrats can take back the House. Sean Hannity and Donald Trump will not apologize for spreading fake news. Only in my dreams.

I suspect there may be more charges against Alexander Smirnov and others as the FBI follows the money trail. The Special Counsel David Weiss investigation just widened into the framing of Hunter and Joe Biden, based on fraudulent reports and possibly involving Russian agents (GRU ?).

That’s something that James Comer really didn’t see coming when he implored Weiss to broaden his investigation.

Stay tuned,

Dave

Links:

Facts first, Ouster of Vitor Shokin

CNN Link: House Republicans seek to downplay FBI informant charges that undermine Biden impeachment inquiry

I don’t have an exact date on this summary. The Republicans control the House Oversight and Accountability Committee, so this was prepared by Democrats sometime after July 2023.

fact-sheet-re-firing-of-viktor-shokinDownload

Democracies at risk

by Dave

Ukraine is fighting a war that experts thought they could never win. The Russian military is so much more superior. The reason for the attack is easy: Vladimir Putin. And with the murder of Alexei Navalny, while he was prisoner in Russia, the whole world sees what a monster Putin is.

I posted about how Chechnya had lost its independence to Russia through a corrupt and repressive leader, Ramzan Kadyrov and is today subservient to Moscow.

The US commitment to Ukraine should be rock solid. Unfortunately, the Republican party which used to be the most vocal against the expansion of totalitarian extremists, like Putin, are frustrating the military aid package. Our support for NATO should also be beyond question.

Putin will not be satisfied with just Ukraine. I posted about the inroads to Moldova and Transnistria, by Russia. And, there will be more. Belarus is another example of a country under Russian control. They had no problem of allowing their country to be the staging ground for the initial attack on Ukraine.

Putin is joined by other power hungry dictators around the globe. It may not be same form as the repressive communist regimes of Stalin and Khrushchev in Russia’s past, but they are equally repressive and can not tolerate any dissent. Chechnya President Kadyrov arrests not only dissenters but in 2022, he arrested approximately 50 family members as well. Kadyrov sent his military to fight with Russia. Why? Just to show his loyalty to Putin. Thousands of Chechen soldiers died in the initial attack of Kyiv. In return, Kadyrov became a rich man.

It is pretty obvious why Finland desperately wanted to be part of NATO as it shares a 830 mile long border with Russia. They also closed their border to Russia because of the illegal border crossing. Finland accused Russia of purposely transporting migrants to the Finnish border (see links at end). There is nothing Russia would like better than Russian community within Finland, as a pretext to attack Finland. I am very glad to see Finland a part of NATO.

The Esequibo dispute alarmed me. The build up along the border of Venezuela alarmed me, and I posted about the potential of an invasion of Guyana along their border. The Madura regime can’t stand to see the democratic state of Guyana prosper as their economy goes down the tubes.

Any where around the world there is instability, you will find Russia or their foreign military intelligence agents (“the GRU”). This includes the US, with intelligence agents focused on cyberattacks. Fortunately, the Department of Justice cooperates with agencies around the world and was able in 2020 to arrest six GRU agents. (see link at end)

So, every day, democracies around the world are under attack. Our democratic institutions are fine, but we can not live in isolation. If there is any take away from World War II, it is that global problems require global solutions. The death of the Putin’s critic Alexei Navalny who dared to expose him is tragic and demonstrates Putin’s brutality. The complete surrender of Chechnya to Russia is real. The Ukrainians are the real heroes. As a result of their resistance to the Russian invasion, approximately 125,000 Ukrainians have died.

I admire the Majority Leader Senator Chuck Schumer standing up on the Senate floor, with a photo of Alexei Navalny, and pleading with the House Speaker Mike Johnson to pass the Ukraine military and humanitarian aid bill.

Donald Trump has been attacking NATO. His latest remarks on Alexei Navalny are reprehensible and undercut his legacy. On the other hand, Donald Trump has invested millions to buy the best lawyers so he doesn’t have to answer the charges leveled against him. It didn’t work in the business fraud case, and his luck is running out. I share Nikki Haley’s disgust at what he said, comparing himself to Navalny.

This is not a Republican verses Democrat issue. It is an American issue and what we support. It is the right of nations to be secure in their own borders. It is the right of millions to chose their government and enjoy basic human liberties such as freedom of speech, the right to assembly and to run for political office.

Democracies are under attack, and we must be part of the defense, here and abroad. Support Ukraine!

Stay tuned,

Dave

Links:

Wikipedia, Alexei Navalny

Department of Justice: Six Russian GRU Officers Charged in Connection with Worldwide Deployment of Destructive Malware and Other Disruptive Actions in Cyberspace

ABC News: Trump uses brief comment on Navalny’s death to claim his own political persecution

Opinion from “The Hill”, Press: Honor Navalny, pass the Ukraine aid bill

Closure of Russia-Finland Border Heralds End of Pragmatic Cooperation

I mention prior blogs on Moldova: https://newsandviews.net/2023/02/24/moldova-and-transnistria/

and Chechnya: https://newsandviews.net/2022/04/11/ramzan-kadyrov-russias-well-paid-puppet-leader-in-chechnya/

Use the search box to find more.

Esequibo Dispute: A frightening situation between Guyana and Venezuela

by Dave

In May 2015, Exxon-Mobil discovered oil offshore Guyana with the drilling and testing of Liza-1 well. Guyana was a Dutch colony from 1667-1815, then a British colony until independence in 1966.  But, the Liza-1 well in the Stabroek block changed Guyana forever, with the prospect of billions pouring into Guyana. Exxon has a 45% interest in the block, Hess oil has a 30% interest and CNOOC has 25% interest. Guyana now has approximately 11 billion barrel equivalent of known oil resources. It is the fourth wealthiest country in the Americans on a per capita basis, with US, Canada and the Bahamas ranked as #1, 2 and 3.

A 630 mile Esequibo river divides Guyana into east and west sections. There are different spellings for this river including Essequibo river. Venezuela claims all land on the west side of the river which would include 15.8% of the population and approximately two-thirds of Guyana. 

The border disputes has been going on for decades. Venezuela appears to be preparing for an attack. Exxon has stated that all their wells are located very south of the disputed Eastern territorial waters claimed by Venezuela. See link below:

Venezuela defends military buildup

Per link above, “Guyana has taken the issue to the World Court in the Netherlands for a definitive ruling, while Venezuela has said it prefers direct bilateral talks as the way forward. On Friday, the Venezuelan defense ministry accused Guyana of threatening the St. Vincent agreement by irresponsible actions and media deception, maintaining that the ’Essequibo is ours.'”

The hostile rhetoric from Venezuela’s Defense minister, Vladimir Padrino, is coupled with increased expansion of military bases along the Guyana-Venezuela border, in violation of agreements signed in December 2023.  See the very detailed recent reporting from the Center for Strategic International Studies, which includes satellite photos detailing the buildup of bases and equipment.

CSIS Link

At the same time, Exxon-Mobil are continuing field development projects, aimed at boosting oil production to 1.2 million barrels of oil per day by 2027 approximately double current production rates. These are deep water wells, which will produce to large FPSO’s or Floating Production Storage and Offloading vessels. By 2027, current development plans call for seven vessels. This means no tank farms located onshore, making any attack of oil facilities themselves much more difficult as it would be observable from the sky.

My guess is Venezuela sees an initial ground assault, which puts them close to Georgetown, the capital.

See link below:

Exxon Mobil starts production through Payara FPSO offshore Guyana

The potential of an invasion by Venezuela is high. The pretext will be the government of Guyana, is illegally contracting with Exxon-Mobil, a US company, to steal Venezuela’s oil. 

Definitely scary stuff.  I’m worried Venezuela may find backers to fund its invasion, like Cuba or even worse, Russia.

Stay tuned,

Dave

Ukraine aid and tougher border security

by Dave

“We still need to secure America’s borders before sending another dime overseas,” Republican Sen. Mike Lee of Utah wrote in a post on X.

Linking a border security bill to Ukraine aid sounded like a good selling point.  Both were popular bills among both parties in Congress. The bill also contained billions of dollars in humanitarian aid to Ukraine and Israel. The Republicans insisted on one bill with both Ukraine aid and border security provisions. 

A bipartisan committee set at work, to make this happen. It took four months of negotiations between Republicans and Democrats before the final bill was ready.

All agreed that this bill would make security at the southern border much stronger. The military aid to Ukraine is absolutely essential to defending Ukraine from its invasion from Russia. The Russians are ready for a long war, and we must be part of the support for a free and independent Ukraine. As long as they are willing to fight, and lose their own citizens to defend Ukraine, we must support them.

Senator Krysten Sinema, from Arizona, summed it so well:

Finally, it seemed we had the opportunity to solve the nightmare my state has lived for over 40 years,” she said, scolding Republicans for using the border for “campaign photo ops” but rejecting the chance to enact law. “Turns out they want all talk and no action,” she said. “It turns out border security is not a risk to our national security. It’s just a talking point for the election.”

In particular, it was Donald Trump. It was not going to look good if President Biden signed into law a bill that would toughen the border security, give aid to those suffering in Gaza and help Ukraine to defend its country.

So, to keep the issue of border security alive during the next 12 months to help Trump win, Republicans are willing to let the crisis continue. The majority leader, Senator Chuck Schumer, argued that Republicans tanked the bill to meet Trump’s demands for “chaos” at the border before the election.

Do not vote for Trump. Please. The Senators were elected to do what is best for the country. The Democrats voted for tougher border security, and it is the Republicans who are simply playing political games. I exclude from this group of Republicans, just 4 great Senators, James Lankford, OK, Susan Collins, MA, Lisa Markowski, AK, and Mitt Romney, UT. 

Stay tuned,

Dave

Trump’s legal woes: The scheduling is clarified, sort of

by Dave

The art of a deal, is in true form. It is the art of delaying the start of four criminal trials until after the elections in November. If this were a game of bowling, four cases delayed to after the election would count as a strike.

The Jan 6 federal case start date of March 4 has been postponed indefinitely. The immunity case is in the Appellate court and Fischer is in the Supreme Court. The Fischer case is not directly tied to Trump’s court case, but the application of the Sarbanes-Oxley law, is the basis of two of the four counts against Trump. I expect these impediments will be gone before the end of the Supreme Court term in July.  

This clears the schedule for the Hush Money case to begin on March 20, 2024, so that pretty much fills up April. I don’t think Trump’s team can delay this one. So, one of the four pins are still standing.

So, all eyes turn to the Classified Documents case, to be held in Ft. Pierce, FL as the logical successor, with a start date of May 20, 2024. The charges are 31 counts of willful retention of national defense information. 

On February 2, 2024, the DOJ filed a 67-page brief stating that they had fully complied with discovery in the documents case. The first reporting of the DOJ filing is on Feb 2 at 10:30 pm by NBC news. The brief begins:

“The defendants have received substantial, timely, and thorough discovery in this case. By early September 2023, the Government had provided the defendants with over 1.28 million pages of unclassified discovery and all of the CCTV footage obtained in the investigation; since then, the Government has supplemented its production as necessary. This production not only complies with the Government’s constitutional and rule-based discovery obligations; it goes far beyond. The Government recognizes its discovery obligations, has complied with them, and will continue to do so. The defendants have nevertheless filed a lengthy motion to compel in which they seek abstract rulings on the scope of the prosecution team and various directives that the Government provide them with a range of additional material.”

Obvious, Trump’s team wants this case to start after the election. Can Trump’s team finagle delays in this case? Yes, if Judge Cannon makes a ruling in favor of Trump on discovery issues, then DOJ will appeal to the 11th Circuit. But it is abundantly clear from the brief, that Trump’s team has really opened the barn door on what could be relevant in this trial, including “selective prosecution.”  Discussion begins on page 37 of brief. 

“Defendants might suggest to the jury that they should be acquitted based on a theory of selective prosecution, that would plainly be inappropriate.”

Can Trump’s team finagle delays in this case? Yes, if Judge Cannon makes a ruling in favor of Trump on discovery issues, then DOJ appeals to the 11th Circuit. 

See link: Prosecutors hit back at Trump’s accusations of political bias in classified documents case

Judge Aileen Cannon has scheduled a hearing date of March 1, 2024 to review the start date of May 20, 2024. The Republican Party Convention would be July 15 -18, 2024. I am certain she doesn’t look forward in scheduling a trial as Trump is completing the primary campaign. 

Selective prosecution is not a defense in the courtroom, but is one to add to House Republican’s attack on Biden with impeachment, Rep. Jim Jordan’s committee investigating the weaponization of government, and the radical MAGA Republicans. Any trial, in any courtroom from now until election day, will be blamed on President Biden.

If Trump is elected, there will be no Special Counsel, and no prosecution of Trump for the January 6 attack or the Classified Document’s case. He can avoid the Georgia conspiracy trial, because he is the sitting president. So, now as an ex-president, he likely will lose the claim of immunity, but once president, he will not stand trial in Georgia. 

I said the scheduling has been clarified, as it looks like the Hush Money goes first. What should follow is any one of the remaining 3 cases. 

The Special Counsel’s brief asking Judge Cannon to reject the need for additional documents sought by Trump’s legal team is given below. I believe Trump lawyers may file a reply brief. I fear Trump’s lawyers are winning at the delay game.

Stay tuned,

Dave

aa-trumps-document-case-discovery-filingDownload