Trump’s BS Ain’t Gonna Fly In Federal Court

INSIDE: Jack Smith ... Tanya Chutkan ... Sam Miele
US President Donald Trump looks on during a ceremony presenting the Presidential Medal of Freedom to wrestler Dan Gable in the Oval Office of the White House in Washington, DC on December 7, 2020. (Photo by SAUL LOEB... US President Donald Trump looks on during a ceremony presenting the Presidential Medal of Freedom to wrestler Dan Gable in the Oval Office of the White House in Washington, DC on December 7, 2020. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images) MORE LESS
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A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

What Price Trump’s Gamesmanship?

I always found that establishing yourself as a reliable narrator to the judge was good for you as a lawyer, good for your client, and not to be too earnest but just plain good overall.

But that is so not Trump’s style. He’ll make any argument at any time for any purpose without regard to whether it will withstand scrutiny, hold up to the slightest challenge, undermine other better arguments, or make him and his lawyers look like fools.

In a new filing Monday, Special Counsel Jack Smith’s team used Trump’s absurdly over-the-top bid for a 2026 trial date in the Jan. 6 case to begin to show this pattern of unreliability to U.S. District Judge Tanya Chutkan:

  • Funny math: Trump’s team claimed that the median time for a prosecution of this kind to get to trial was 29.4 months, but DOJ pointed out that that 29.4 months is the median time not from indictment until the start of trial but from indictment to the completion of sentencing by the court. Shorter message: Trump deceived you, your honor.
  • More funny math: The cases Trump used to arrive at its median number came from the period of October 2021 until September 2022 when federal courts were unwinding the COVID backlog and only 22 cases went to trial nationwide, DOJ argued. “This small and skewed sample provides no help to the Court in deciding an appropriate trial date,” DOJ argued. Shorter message: We’re helpful, your honor, and the defendant is not.
  • Bellyaching: Trump complained loudly that it would be impossible to review the millions of pages of discovery in time for 2024 trial date, but DOJ pointed out that no one manually reviews every page of discovery any more. That’s what electronic discovery vendors do and Trump has one. Shorter message: Don’t be taken in by the defendant’s histrionics, your honor.
  • Hyperbole: Trump compared the amount of discovery to tall buildings and Russian novels, but DOJ scoffed at the hyperbole: “comparisons to the height of the Washington Monument and the length of a Tolstoy novel are neither helpful nor insightful.” Shorter message: We can provide reliable input for the real decisions your honor must make.
  • Fake conflicts: Trump bitterly complained that DOJ wanted jury selection in the Jan. 6 case to start on the same day as a scheduled hearing in the Mar-a-Lago case in Florida. DOJ acknowledged the conflict and adjusted it’s proposed schedule accordingly. Shorter message: We can reasonably resolve real conflicts and here we are doing so, reasonably.

It was a short, six-page filing. It won’t amount to much in the long run. But it’s beginning to establish a pattern for the judge of Trump being unreasonable and prosecutors being reasonable. One side is reliable and judicious; the other is voluble and self-interested.

By all accounts, these are things that Chutkan (and any good judge) will recognize early and take into account to avoid being led around by the nose, taken advantage of, and otherwise bamboozled into bad decisions. In contrast, the single most concerning thing about U.S. District Judge Aileen Cannon in the Mar-a-Lago case is that she may be too inexperienced or too biased or ideologically compromised to recognize a bad-apple defendant making preposterous arguments and representations to the court.

It took many journalists years to figure out they were being played by Trump (and some of the cable nets still haven’t learned). We can’t afford for Trump’s judges to be that slow on the uptake.

Trump Must Post Bond And Shut Up

No release on his own recognizance for Trump in Georgia. He must post a $200,000 bond and submit to the following conditions of pre-trial release:

Trump To Surrender Thursday

Or so he says:

The Rush To Federal Court

Two more defendants in Fani Willis’ Georgia racketeering prosecution are seeking to have the case removed to federal court: former Trump DOJ official Jeff Clark and former Georgia GOP chair David Shafer.

Clark’s basis for removal is plausible: He was a federal official at the time of the alleged criminal conduct.

Shafer, who was a fake elector for Trump in Georgia, has a more curious and provocative claim: He’s arguing that as a “contingent” presidential elector he was an officer of the United States and therefore entitled to have the case tried in federal court.

Eastman Gets His Delay. Kinda.

Coup architect John Eastman failed to in his bid to postpone his disbarment proceedings in California on account of his indictment in Georgia, but he has won a small delay … so that he may surrender on the Georgia charges lol:

Indicted Santos Fundraiser In Plea Talks

In a new filing, federal prosecutors said they are attempting to resolve the case against Sam Miele, a former fundraiser for Rep. George Santos (R-NY), short of trial. Miele was indicted for allegedly impersonating a one-time aide to Speaker Kevin McCarthy to juice Miele’s own fundraising efforts.

Looking Ahead

The DC Circuit Court of Appeals is poised to issue three significant rulings in the coming weeks that could bear on Special Counsel Jack Smith’s work, CNN reminds us.

First GOP Debate Field Set

A reminder that the presidential primary debates are a far cry from the Lincoln-Douglas debates, the presidential commission general election debates, or the old-style debates hosted by a civic-minded organization like the League of Women Voters.

These are not really civic endeavors but ratings boosts for the TV networks. It’s a bad situation we’ve gotten ourselves into, and we shouldn’t fall into covering these debates as anything other than what they are.

With that caveat out of the way, the lineup for the Trump-less Fox News GOP debate Wednesday night is set: Ron DeSantis, Mike Pence, Chris Christie, Asa Hutchinson, Tim Scott, Nikki Haley, Vivek Ramaswamy and Doug Burgum.

Factoid Of The Day

A Closing Note

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Notable Replies

  1. In a plot that unfolds like a gripping thriller, President Donald Trump finds himself ensnared in the clutches of unseen forces with sinister motives. The stage is set for a dramatic twist as he prepares to surrender, not to an ordinary court, but to the scrutinizing gaze of Fulton County District Attorney Fani Willis. This seismic development reverberates across the nation, with suspicions swirling about a meticulously orchestrated campaign, shadowed by a dubious connection to none other than Crooked Joe Biden’s Department of Justice (DOJ) and his enigmatic Chinese puppet masters.

    Their sinister alliance includes the enigmatic Illuminati, hand in hand with the secretive NSA, collaborating in pursuit of disturbing goals. If you think I’m in possession of all six beers but lacking the plastic thingy that holds them all together, prepare to have your mind blown: type illuminati backwards, Itanimulli.com and you will find everything is falling into place.

    Equally unsettling is the involvement of Big Tobacco, rumored to be crafting a disturbing “Gaydar” machine. Its ominous purpose? To assemble a private LGBTQ+ Schutzstaffel under Biden’s directive, charged with unsettling tasks like grooming children for roles as drag brunch performers. The eerie partnership with the NSA aims to unearth children as potent producers of adrenochrome, a grim elixir that fuels the longevity of Hollywood’s elite.

    Yet, from the depths of this intricate conspiracy, a resilient resistance emerges, led by an unexpected champion—none other than the Dalai Lama, a steadfast acolyte of Trump. Their shared mission: to counter the grasp of Chinese influence over Biden’s American realm and thwart his clandestine ambition to morph into a dictator-for-life.

    In the midst of this swirling vortex, a tempest ignites on social media. Trump’s fervent denouncements resound, juxtaposed against a backdrop of rampant crime gripping the nation. He passionately asserts that his impending journey to Atlanta, Georgia is not about “murder” but revolves around his seemingly innocuous acts—making “PERFECT PHONE CALLS,” exercising his First Amendment rights, and seeking legal counsel.

    As Trump’s narrative takes a surreal twist, the threads of multiple indictments are woven into a tapestry of “election interference” and the looming specter of national peril. Pertinent questions arise: Should the Biden administration wield the power to drag him through costly trials right before an election? Are the alleged manipulations orchestrated by the Department of Injustice a harbinger of a dangerous precedent?

    Amid these labyrinthine revelations, echoes of Biden’s enigmatic ties to China resurface, buoyed by evidence presented in Typhoon Investigations’ 64-page exposé. These revelations gain momentum through riveting hearings spearheaded by congressional stalwarts and smartest Jameses in Congress, James Comer and Jim Jordan. The portrait that emerges is one of a financial pipeline directed toward the Biden crime family—a gambit designed to not just secure a second term, but to pave a dark path toward an everlasting dictatorship.

    The stage is now set for a courtroom spectacle of unparalleled proportions, where concealed motives, power plays, and the very essence of justice hang in precarious balance. As the dust settles, the burning question remains: How far does this sprawling conspiracy extend, and what role will these shadowy figures play in shaping the nation’s intricate history?

  2. Top Ten for the first time ever. I’m so excited I’m at a loss for words. Now I have to go read David’s masterpiece of the day.

  3. Avatar for jinnj jinnj says:

    MAGA / Q rantings that it is a mutation caused by COVID-19 vax … in 3-2 -1 …

  4. “Maximum Leader”

    The site claims SACR is “raising accountable leaders to help build thriving communities of free citizens” who will rebuild “the frontier-conquering spirit of America”. It condemns “those who rule today”, saying that they “corrupt the sinews of America”, “[alienate] men from family, community, and God” and promising to “counter and conquer this poison”.

    It also prominently features SACR’s cross-like insignia or “mark” which it describes variously as symbolizing “sword and shield” and the rejection of “Modernist philosophies and heresies”.

    Finally, the site advises that SACR membership “is organized primarily around local groups overseen by a national superstructure” and “is by invitation only”, offering an email address for those “interested in learning more”.

    ….
    Heidi Beirich is co-founder of the Global Project on Hate and Extremism and an expert of the far right. She characterized the rhetoric on the website as “palingenetic ultranationalism”, a feature of fascism that proposes a revolution as a means of national rebirth.

    ….

    On his personal website, The Worthy House, where he styles himself “Maximum Leader”, Haywood has written that the sale made him “rich beyond the dreams of avarice and looking to cause trouble”. Mansfield-King was reportedly “on track to do $45m in revenue” in the year before its sale.

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