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[TwiceHorn 31,676]

19 hours ago, jimmyjazz said:

Lawdogs:  wtf is she alleging?  I mean, I get the words, but what is the counterargument?

Smith made a motion, I haven't seen it yet, akin to what we call a "motion in limine" or on the eve of trial.  The motion seeks a court order that Trump cannot raise issues at trial, before the jury, that are a) counterfactual and b) irrelevant to any conceivable defense to the charges against him. 

Among other topics Smith raised is that Trump should be forbidden from raising any issue that Jan. 6 was caused by the government or by "antifa."  Shit like that.

Found it.  It is, indeed, styled a "motion in limine," which usually occurs in the days or weeks before trial.  So this one is early. https://www.courtlistener.com/docket/67656604/191/united-states-v-trump/

Other topics include calling the prosecution politically motivated, outside of his motion to dismiss the indictment on those grounds, which will fail.  Another is arguing the First Amendment, which is an issue of law for the court, not for the jury. 

ETA:  One sidenote.  The trial court litigation is stayed or suspended pending the appeal.  To some extent, that permits a limited amount of "litigation" to occur despite the stay.  How much, exactly, is up to the judge.  Smith is taking a risk here of annoying the judge with continued motion practice relating to the trial.

ETAA:  Here is Chutkan's order regarding the stay pending appeal.  She does not stay everything, but this motion in limine is not something of the type she specifically excluded from the stay, for example, the discovery protective orders, the gag order, and the jury screening procedures she had commenced.  https://www.courtlistener.com/docket/67656604/186/united-states-v-trump/

Edited December 28, 2023 by TwiceHorn

[Underdog 28,868]

Perfect recording, perfect email.  I did nothing wrong. 

[TwiceHorn 31,676]

39 minutes ago, NAVY said:

Nothing to see here…

https://www.cnn.com/2023/12/28/politics/recordings-trump-team-fake-elector-ballots/index.html

These details largely come from pro-Trump attorney Kenneth Chesebro, who was an architect of the fake electors plot and is now a key cooperator in several state probes into the scheme.

[4th&Five 41,701]

 

[TwiceHorn 31,676]

7 minutes ago, 4th&Five said:

 

Seems one of the key questions in these is does state law provide a mechanism for evaluating the qualifications of a candidate and "putting them on the ballot."  In Michigan, apparently not, Maine and Colorado, apparently so.  The insurrection part doesn't seem to be much of a hurdle.

[Gil Bang 26,099]

 

[tx ind 7,014]

To be fair to Trump’s attorneys, they have about 350 other cases they’re working on for him and there’s only 24 hours in a day 

[Jiggy-Z 3,467]

24 minutes ago, tx ind said:

To be fair to Trump’s attorneys, they have about 350 other cases they’re working on for him and there’s only 24 hours in a day 

....and they're not getting paid.

[Red Five 41,066]

Hey man, states rights. If they want to keep an insurrectionist off the ballot in their state, who am I to argue with them. 

[TwiceHorn 31,676]

1 hour ago, Gil Bang said:

 

For an official that is not a judge, or even a lawyer, for that matter, that is an extremely cogent opinion.  I'm sure she had ample help, but well done, Madam Secretary.

[miguelito 11,337]

Not all smart people go to law school, bud.

[Neonmoon 38,130]

When is SCOTUS going to overrule them? Or is this vacation time for them?

[Brisketexan 105,568]

14 hours ago, Neonmoon said:

When is SCOTUS going to overrule them? Or is this vacation time for them?

Well, most rich folks make their donations right at year end.  So, Uncle Clarence has to wait until midnight on the 31st to see if his, ummm....."supporters" have met his fundraising goal.  Hitting F5 on his bank account page over and over.  If they hit the number, then you'll see some action taken posthaste.

[Degenerate Gardner 4,104]

14 hours ago, Neonmoon said:

When is SCOTUS going to overrule them? Or is this vacation time for them?

Patience. It takes time to craft reasoning with a veneer resembling the rule of law.

[Biff Tannen 45,763]

If multiple other states keep him off their ballots, I could 100% see Texas keeping Biden off ours. Which I would love to see. Would be some serious finding out. 

[Pescado_Rojo 19,453]

Is the Maine ban just for the primary, or would it include the general as well? Maine has ranked choice voting, so keeping him off the ballot in the general could cost him an electoral vote. Maine split 3/1 in favor of Biden in 2020. 

[tx 3 putt 77,919]

15 hours ago, Neonmoon said:

When is SCOTUS going to overrule them? Or is this vacation time for them?

not soon enough ….. Obama 2024 

[Red Five 41,066]

If multiple other states keep him off their ballots, I could 100% see Texas keeping Biden off ours. Which I would love to see. Would be some serious finding out. 

Lots of R’s saying “hurr durr does this mean we can keep Biden off the ballot too?”.

No you fucking idiots. But yes, if Biden attempted a coup and failed, I would 100% say he should be prohibited from running again.

[atomheartbevo 90,041]

1 hour ago, Biff Tannen said:

If multiple other states keep him off their ballots, I could 100% see Texas keeping Biden off ours. Which I would love to see. Would be some serious finding out. 

Lt. Gov. Goeb already floated it out there, so I expect he and Paxton and Paxton’s BMDs are working on it.  Would definitely be a FAFO scenario.

[Longhorn_Fan68 33,917]

6 minutes ago, atomheartbevo said:

Would definitely be a FAFO scenario.

'splain

[tbone_ 14,255]

Lots of R’s saying “hurr durr does this mean we can keep Biden off the ballot too?”.

No you fucking idiots. But yes, if Biden attempted a coup and failed, I would 100% say he should be prohibited from running again.

Um, hellloooooo, Biden stole the damn election you dumb lib

[Js1 85,743]

Then we’d have to contend with “but Trump won the popular vote even though he lost the electoral college and should be president!!!!” arguments with zero Republican awareness regarding that happening in 2016 but for Hillary

Though maybe they’ll use that to argue getting rid of the electoral college. Please god 

[atomheartbevo 90,041]

9 minutes ago, Longhorn_Fan68 said:

'splain

Colorado and Maine have their legal provisions for keeping somebody off of a ballot.  Texas would be doing it for no legal reason, which would run against the Texas Constitution (in regard to both the primary and general elections), and the finding out part would be millions of Texans really fucking pissed off and with quite a few in the streets.  It would also bring in the DOJ/FEC.

I said I wouldn’t be surprised if Goeb and Paxton looked at it/worked on it, but I think they (and Abbott) are all about trying to control the elections themselves, and making it harder for people to vote.

But if they tried to keep Biden off the ballot, I imagine the Republican primary would get really fucking interesting.  Imagine Trump trying to get to the WH after losing Texas’s primary and therefore the general.

[Steamboat1874 4,152]

Dumb question:

If a person is kept off of the party primary ballot but still wins the nomination, is he automatically kept off of the presidential ballot as well ?

[Neonmoon 38,130]

1 hour ago, atomheartbevo said:

Lt. Gov. Goeb already floated it out there, so I expect he and Paxton and Paxton’s BMDs are working on it.  Would definitely be a FAFO scenario.

I don’t get the FAFO aspect. There would be no consequences for Paxton 

I get Paxton removing Biden. Duh. But writing down “because Biden crime family and hunters huge dong” as the reason might not make it past SCOTUS. 

 

[TwiceHorn 31,676]

14 minutes ago, Neonmoon said:

I don’t get the FAFO aspect. There would be no consequences for Paxton 

I get Paxton removing Biden. Duh. But writing down “because Biden crime family and hunters huge dong” as the reason might not make it past SCOTUS. 

 

Well, this does show the importance of having the insurrection determination made by something more or less resembling a court of law making fact findings and applying the law to them. 

Nothing Biden has done is anything near resembling insurrection.  But leave it to some jackleg like whoever is the Secretary of State, or Agriculture or whatever, or leave the determination to the legislature by resolution or some shit, and you have a real problem.

Maine, for example, leaves the initial determination to the Secretary of State, in an "administrative" proceeding which tends to be more informal than a judicial proceeding.  But for the judicial review, that's a scary proposition. But it's also why the Maine SoS's opinion is pretty impressive.  She and her staff did a remarkably good job with that.  A lot of Texas County and District judges would be hard pressed to do as well.

Edited December 29, 2023 by TwiceHorn

[tbone_ 14,255]

Lots of R’s saying “hurr durr does this mean we can keep Biden off the ballot?

Just heard on the news some nimrod in AZ is trying to do this now.

[tx ind 7,014]

Dear Maga, since the Dems were crafty enough to steal the election the first time and got away with it, why are they trying to take him off of ballots when they could pull the same shenanigans again?

[Gatorubet 30,391]

7 hours ago, tbone_ said:

Um, hellloooooo, Biden stole the damn election you dumb lib

[Fastbreak 3,996]

The super devious election stealing dems were so smart, they lost the house on purpose even with rigged machines. They are playing 5D nick saban chess.

[TreatyOak 16,749]

From the NY Times: "Some critics say the battles over Donald Trump’s ballot status are turning him into a martyr and eroding faith in U.S. elections."

I would think Trump and his minions have done enough "eroding faith in U.S. elections" to the point that its stupid to worry about this.

Here is the article but it is paywalled. 

[HenryJames 66,275]

8 minutes ago, TreatyOak said:

From the NY Times: "Some critics say the battles over Donald Trump’s ballot status are turning him into a martyr and eroding faith in U.S. elections."

I would think Trump and his minions have done enough "eroding faith in U.S. elections" to the point that its stupid to worry about this.

Here is the article but it is paywalled. 

Quote

But on a recent sunny Friday afternoon in the Echo Park neighborhood of Los Angeles, Deena Drewis, 37, a copy writer, and Aaron Baggaley, 43, a contractor, both of whom have consistently voted for Democrats, expressed a queasy ambivalence over such an extraordinary step.

Hahaha. Holy shit. The liberal equivalent of the Midwest diner.

[Biff Tannen 45,763]

19 minutes ago, TreatyOak said:

From the NY Times: "Some critics say the battles over Donald Trump’s ballot status are turning him into a martyr and eroding faith in U.S. elections."

I would think Trump and his minions have done enough "eroding faith in U.S. elections" to the point that its stupid to worry about this.

Here is the article but it is paywalled. 

“Some critics” are disingenuous pieces of shit. What the shit?  THIS is what is eroding faith in elections?  Not the years of these ghouls screaming about stolen and rigged elections?

 

Fuck right off

[jimmyjazz 46,470]

*stollen

[YGIFS 19,453]

$50 and the left nut of this simulation says at some point in 2024 when his back is truly against the wall, Trump will deny he ever said the election was rigged and actually claim in court, "I never said it was stolen, I said and wrote that it was 'Stollen', huge difference.  Massive.  Yuge.  Can't use that as evidence!"  

[AnTiM 1,678]

39 minutes ago, YGIFS said:

$50 and the left nut of this simulation says at some point in 2024 when his back is truly against the wall, Trump will deny he ever said the election was rigged and actually claim in court, "I never said it was stolen, I said and wrote that it was 'Stollen', huge difference.  Massive.  Yuge.  Can't use that as evidence!"  

It's the old "Truth is stranger than fiction" defense we once heard about, maybe in third grade?

[tx 3 putt 77,919]

[tx 3 putt 77,919]

[Red Five 41,066]

When I robbed that bank I was just bringing to light their faulty security systems. Also when I robbed my neighbor's house. And all of those other houses. It was my duty as a citizen. You're welcome!

[BamaATL 16,593]

So Republican lobbyist and Trump advisor Barry Bennett was just indicted on 2 counts:

1.  Failure to register as a foreign agent

2.  Lying about it

Started said lobbying firm with Corey Lewandowski in 2017, charged with failing to file immediately (wonder why Coery is excluded thus far).  Prior to this was with the Ben Carson campaign and subsequently with the orange fuckwad thereafter.  

The remainder of the indictment appears to be sealed for now.  

[NWBuck 8,590]

[TwiceHorn 31,676]

Trumpco intending to turn the January 6 trial into a Maga Freak Show.

Just like it didn't really work in Engoron's court, in a civil case, without a jury, it's not going to work in Chutkan's court.

[jimmyjazz 46,470]

1 hour ago, TwiceHorn said:

Trumpco intending to turn the January 6 trial into a Maga Freak Show.

Just like it didn't really work in Engoron's court, in a civil case, without a jury, it's not going to work in Chutkan's court.

paywalled

[atomheartbevo 90,041]

2 minutes ago, jimmyjazz said:

paywalled

Quote

ATTEMPTS TO DRAG Nancy Pelosi into court to berate her on the stand and, hopefully, on live TV. Claims that the Jan. 6 Capitol attack was an FBI frame job, with an assist from Antifa. Conspiracy theories that the 2020 election was indeed “stolen,” supposedly backed up by still-classified documents. Unhinged assertions that President Joe Biden is now secretly, personally orchestrating an unprecedented act of political persecution. Calls to publicly unmask the federal officials and lawyers investigating the former (and perhaps future) president of the United States. Efforts to blame any illegality on some of the ex-president’s closest confidants and former legal allies. Insinuations of election meddling by the Lebanese militant group Hezbollah. 

Quote

These are just some of the items that former President Donald Trump and his lawyers have been discussing and planning to deploy when he goes on trial for his efforts to steal the 2020 election. The brewing defense strategy is outlandish and feral, even by Trumpland standards, to the point that it’s baffling some of the ex-president’s former lawyers and senior administration officials. One person with knowledge of these strategic and legal discussions bluntly describes the plans as a blueprint for staging a “MAGA freak show” at Trump’s federal election subversion trial.

Quote

Despite launching delay tactic after delay tactic, the former president, his attorneys, and various close allies have been preparing for a trial they expect to begin in 2024 — possibly in the summer. What they are mapping out so far, according to four legal and political advisers to Trump and two other sources familiar with the situation, is a courtroom and pretrial strategy laced with conspiracy theories, Fox News-style talking points, and raging innuendo — just as the spectacle-obsessed former president craves.

I hope they go full crazy.  Separate the true MAGA types from the ones who normally just vote (R) regardless of what’s happening.  

[Superhero 8,889]

3 hours ago, atomheartbevo said:

I hope they go full crazy.  Separate the true MAGA types from the ones who normally just vote (R) regardless of what’s happening.  

[Narrator] But they're all MAGA [/Narrator]

[TwiceHorn 31,676]

9 hours ago, jimmyjazz said:

paywalled

I don't believe it was for me, but pro tip, add this to your repertoire. https://www.textise.net/

[Neonmoon 38,130]

I strenuously object

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.192.0.pdf

[cactusflinthead 27,615]

Can you show me an example of projection?

 

[speed817 19,566]

18 minutes ago, cactusflinthead said:

Can you show me an example of projection?

 

[TwiceHorn 31,676]

12 hours ago, Neonmoon said:

I strenuously object

https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.192.0.pdf

That most likely will not be granted, but what Smith is doing here is pushing it some.  She will probably more explicitly order him to stop.

Arguably what Smith is doing is complying with the government's obligations under the pretrial orders.  As some sort of show of good faith or something.  But every time he files something, he provokes work by Trumpco (should they look at it? can they safely ignore it? etc.).  And, for better or worse, not even that is supposed to happen pending appeal.