Eloquence in litigation is an art form. Court motions and pleading that blend eloquence with deliberate and diplomatic snark are masterpieces. Thus, the exceptional nature of President Trump’s response motion to the demands of a gag order by Special Counsel Jack Smith is a master class in linguistic evisceration. I stand impressed.
As some, perhaps more than a few readers here will remember, I have studied the written motions of one specific DC litigator enough to detect his presence, form and style. Please do yourself a favor and read the 25-page response motion HERE and raise a glass.
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I am not a lawyer, and I did not stay at a Holiday Inn last night. However, I have spent thousands of hours reading court filings, and one specific style of writing is very familiar to me. If this is not from the ghost pen of Eric Dubelier, then whoever did write it has trained his/her argumentative intellect on the same turf.
Do not cheat yourself out of the joy of reading the full motion. It is awesome. [SEE HERE]
If it’s not Dubes, it’s definitely Dubes-worthy.
In the background CTH is not alone in sending bat signals to the Dubes. I hope, pray, and smile at the guiding possibility.
Wolverines!
Sundance do you have a tingly sensation running up and down your leg??? Collar up!
LOL, I want that on a t-shirt!
I wonder if the FBI will check it against their fingerprint file.
No, but the talking heads media will.
Mayor Pete just changed parties!
You say he changed his panties?
Shakespeare’s writings are eloquent… but mean nothing when read to a pigeon. This judge is a pigeon
#Burn
You win the internet today.
That’s awesome..I was thinking the same thing. In this day and age, the judge could be anywhere from zero(obama judge/dem) to superhero(follows the law).
Obama was hailed by the Left as a Constitutional Law expert but he never tried a case in court. I bet this Jamaican Judge has the same lack of qualifications!
…winner of a fried chicken dinner!
Invokes playing chess with a pigeon.
The world is watching.
So is the Supreme Court.
More like pigeon droppings.
Liberal judges are not required to be literate therefore I would agree with you.
Or a jackass
A pigeon openly cooing her biased soliloquy:
Enter
“This was nothing less than an attempt to violently overthrow the government,
the legally, lawfully, peacefully elected government by individuals who were mad
that their guy lost.”
“It’s a blind loyalty to one person who, by the way, remains free to this day.”
Exit
The judge is indeed a pigeon, the election process from 2020 is still in place. Even if Trump’s lawyer waxes eloquence it means absolutely nothing. Until and unless anything is done about the election process in the same states that cost Trump the last election, nothing will change. Until and unless anything is done about those election processes, 2024 may indeed be the last election.
“Eloquence in litigation is an art form.”
And brevity is the soul of wit.
and if you cant win’em with wisdom you baffle’em with bullshit.
Lol
I crave retribution.
don’t forget revenge and retaliation
RECKONING TRUMPS ALL!
I don’t know how I missed that one BK
All good, man!
We’re all just having fun today, so far!
Personally, I want smiting—and lots of it.
this. i am not nearly as forgiving or compassionate as y’all.
And I want smiting from the Lord God. He does it right and no one can put Him in jail.
What they never would show back in 1989 when the Communists were ousted from power in Eastern Europe were the hardcore Dissident Rebels cracking Communists heads open!!! There are thousands of pictures in the files of the American Intelligence apparatus of these activities!!! Retribution against Marxists/Communists/Bolsheviks would be the ultimate revenge! 😳
Only good commie is a dead one, I’ve heard that saying many times before
It seems to be the only way to stop the scourge
please stuff 100 copies of the response motion up Jack smiths jacksie
But, but, but ………I thought Trump’s lawyers/legal team sucked!
He he he he he!
Masterpiece, indeed!
Let’s see how the corrupt judge rules and the Monaco/Garland, I mean Smith team responds.
I think Comedy Central has a new show about to be released!
Right!? Every legal “expert” in the media said that Trump’s GOOD attorneys were all abandoning his sinking ship …
And a lot of commenters on here in the past, too.
Game set match. This is such an airtight response, nothing the judge can say or write other than “motion for gag order denied” will do anything but make them look like ignorant puppets.
“corrupt judge rules and the Monaco/Garland, I mean Smith team ”
you repeat yourself. 😉
You liked that, huh?
I did BK!
OHMYGOSH!!! ROFLOL!!! Monaco/Garland team!!! Haha!
Idiots!
Well written and should be forwarded to FB, X, You Tube, and those idiots across the pond after Mr. Brand. I think all these storm trooping brown shirts hear footsteps and are looking over their shoulders. Mules on the March.
Remember,
I agree and applied to the entire Media Monopoly and the AI NAZIS!
Those idiots are very powerful people who can and will hurt you, me, Mr. Brand, and Donald John Trump.
Eric Dubelier is a badass.
So far, what I’ve been reading in this motion is excellent.
Exquisite riposte. 👌
Deep State work around: Social Media will shadow ban any comments by our President Trump.
shadow banning doesn’t stop someone from finding something if they alredy know where to look – it just blunts the returned records of online searches
Citing Chemerensky on page four was particularly nice. Hoist meet Petard.
Touché
“In sum, for alleged “jury influence” to justify a prior restraint, the prosecution must
establish that President Trump’s political commentary irrevocably biases District citizens (against
the Biden Administration prosecution) such that voir dire and other alternative remedies cannot
remedy. Because the prosecution fails to meet this heavy burden, the Proposed Gag Order is
unconstitutional.”
Bias the DC denizens against the Biden Administration????
LOL Let me catch my breath as I’m seeing spots in front of my eyes!
Live just outside the District of Criminals.
THAT IS FLIPPIN’ IMPOSSIBLE!!!
The only people who would not be totally persuaded by Trump’s lawyers case are fascists and communists , and morons and imbeciles.
in other words, the entirety of “our” government, since it is not a republic anymore.
Well, it is D.C.
Do you have a habit of using repetitive words? LOL
Our court system is all screwed up.
Most everything that is now wrong in America can be traced to the stupid decisions of Judges.
stupid judges couldn’t be paid without federal reserve counterfeiting operation
And turning away from God, taking prayer out of public schools, and having a fed dept of, “education”.
As I read this I am hearing it in Tony Buzbee’s voice with the snark in all the right places. 😉
Nice!
But, but, but … Trump’s Free Speech is … mean. And we have Laws against “mean speech” and “hurtful speech” … or is that in a fudged-up place like Canada ? I get so confused. Well, anyway … the suburban women think Trump is mean … and they want him to shut up! Rosie O’Donnell and her ex lesbian lover want Trump to shut up too … Constitutional scholars … the whole lot of em
Isn’t it, “Rosie O’Donnell and HIS ex lesbian lover…?”
Serious question, btw, but enjoying all the great comments.
I thought Trump’s team asked the biased judge to recuse herself. No decision yet. I thought we had to hurry, hurry, hurry!
There is no way this is going to be tried by the end of the year and no way it’s going to be tried before the 2024 election–if an indictment bumps up Trump’s numbers, can you imagine the boost before the actual election if he were found innocent? Jack Smith is the best strategy the Trump campaign can employ on the road to a second term.
I hope not. She wants to trial to start on March 2nd. Ridiculous
There are still motions to file by the defense and discovery that still have to take place–and while I’m not schooled in how the Feds do their indictments, if this were in my State’s courts, there would be a motion to dismiss the indictment based on a review of the Grand Jury minutes showing that there was insufficient cause to bring the indictment in the first place before we got to the actual demands for a bill of particulars, and then the filing of omnibus motions for suppression of statements and/or improperly seized evidence. These things take time-lotsa time
March, when 30 states have primaries. Purely a coincidence.
Yup! Just a coincidence! NOT!
That’s what I thought too. I remember the judge saying she would make her decision in 3 days and that was a couple of weeks ago.
They can’t tell time.
As a retired prosecutor who always enjoyed skewering the defense bar with dripping sarcasm, it was a pleasure reading the handiwork of the attorney who penned this awesome reply to the motion. Sometimes you just have to drop the professional tone and just go for the gonads as this author did (in spades).
I’m glad to see that President Trump has such able counsel skewering the prosecution…..and glad to see that the art of wordsmithing is still alive and well.
Excellent…love the references to the loser Occupant’s admin…the attached is the foundation that can be used in not only DC but in GA and NY…
My favorite line…
“If the prosecution wishes to avoid criticism for abusing its power, the solution is simple: stop abusing its power. The Constitution allows no alternative.6”
Common sense to its core!
Love this: If the prosecution wishes to avoid criticism for abusing its power, the solution is simple: stop abusing its power.
Excellent. That’s how you debunk lawfare tactics, Sorta like kickin’ em’ in the nuts.
but i would still want to see them actually get kicked in the nuts. over and over. with no remorse and in the face of begging and crying for mercy. that is the language they understand.
If this judge grants Smith his gag order, can Trump’s attorneys appeal this all the way to the SCOTUS if necessary?
I believe that this can go to the SCOTUS if the DC Circuit upheld a gag order…….the First Amendment is something that doesn’t like to be chilled or stopped and the harm is immediate.
Still the Whores of the DNC aka “Republicans” stand ready to finance Lawfare with a Continuing Resolution. Despicable Scumbags.
Yep
I hate the RNC more than I hate the DNC…have I ever shared that before? 😏😉
That’s an insult to all ladies of the evening!
While POTUS is engaged in his unique, constitutional duty to enforce adherence to the Constitution in general elections throughout the 50 states, any who aid him in that endeavor, federal official or not, must be tried in federal court with the case in chief.
The major issue in controversy here is whether POTUS DOES OR DOES NOT HAVE THE RIGHT TO FORCE COMPLIANCE WITH ART. IV, SECS. 2 and 4, and AMENDMENT 14, SEC. 1 of the Constitution in regard to all 50 states.
ART. 4, SEC. 4 states specifically that: “The United States shall guarantee to every State in this Union a Republican Form of Government…”
The hallmark of a Republican form of government has to be the existence of properly regulated elections that are free and fair and that do not disenfranchise voters.
Amendment 14, Sec. 1 states in relevant part: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…”
If election laws are selectively enforced, or otherwise disregarded, to the detriment of some voters but to the clear benefit of others, does this satisfy constitutional guarantees? And if not, what possible legal jurisdiction has the constitutional authority to restrain POTUS’ PREROGATIVES IN HIS UNIQUE PRESIDENTIAL ENFORCEMENT DUTIES, OR TO PRESUME THAT SOME ACTIVITIES ARE PROPER AND OTHERS NOT?
Justice Roberts would never release his papers detailing investigations of SCOTUS leaks. Nancy Pelosi would never release her J6 papers. Why? Because no coequal branch can enforce orders imposed on the other branches unless privileges are waived.
And here, in this case, no court has jurisdiction over presidential prerogatives.
This makes this case one of the most notoriously egregious in the history of the US jurisprudence.
The President of the United States cannot be charged with a criminal offence for any action taken in his official duties as President even if those actions fall on the outside perimeter of those duties. The only recourse for alleged offences by the President of the United States is an impeachment. That is because the duties and responsibilities of the President are such that controversies are inevitable and the actions of Presidents typically involve severe financial and even life or death consequences!
California Joe –Praying you are correct on this – It appears you are BUT all are not as intelligent and as constitutionally based as you 😉 We are dealing with judges, prosecutors, talking heads and lawyers who should be mental patients and not handling important cases such as these. Appreciate your post! Hope PDJTs lawyers are already aware of this.
And the 14th Amendment’s remedy for any State infringing on the right to vote is listed in Section 2 of that Amendment. Namely the Electoral College vote of that State can be REDUCED in proportion to those denied their right to vote. So for any State that attempts to remove Trump’s name from the ballot or intends to refuse to accept any votes for Trump, that State should lose votes in the Electoral College. Go ahead Blue states, cut your own electoral votes and give Trump a path to victory without even needing to get to 270.
I’m not an attorney, but my impression is that a motion citing so much case law and precedent is a very strong one.
Is this motion going before judge chutkan? If so, she’ll reject it and impose a gag order. This is dc after all. This judge chutkan should be barred from even looking at this case as she is extremely biased. This case needs to be moved out of dc and dismissed. Oh, if anyone thinks that she was appointed to this case randomly, I have some land in Florida and a bridge in New York to sell you. Nothing is coincidence in dc.
No matter how biased the judge might be, she has to consider that any order can be appealed and overturned, by SCOTUS if necessary. Getting her order reversed would likely look worse on her than just not granting the order to begin with, especially if the law is as clear-cut as this motion makes it sound.
(Can judges at this level be impeached and removed? Sure seems like it would be misconduct to grant such an order, again assuming the law is as clear as the motion makes it seem.)
As difficult as a biased judge always is to deal with, Stupid judges are always worse. And of course stupid and biased even worse.
Yes, they can. Congress controls the jurisdiction and operation of all the federal courts below the SCOTUS.
Chutkan needs to be chucked into the ocean
Uhhhh, The judge in New York ruled Trump is guilty. These communists Fascists Marxists have taken over the country in 90% of the places. I’m in Illinois. It’s total commie here. If I were to stand in front of my house and yell Make America Great Again I’d be taken out. This article here doesn’t make me feel confident.
The NYC “judge” will be overruled on appeal.
FNYC
FJB
@ Ms. Farley, “If I were to stand in front of my house and yell Make America Great Again I’d be taken out.”
If you were to do that in Kerrville, Texas, you would hear a rousing chorus of cheers and have five eligible men asking to “take you out”…for dinner or coffee. Of course, only if you were single.
Surely not all citizens of Illinois are commie-crats!
Sounds like you need to speak to fisheggs about that Florida land Janice
This is all well and good, but the Judge is in the back pocket of the Democrats, so this is all moot.
It’s all about the appeal to a Constitutionally-minded Higher Court.
Are there any of those left in the country?
These cases should NEVER have seen a courtroom in the first place. And every corrupt lawyer who is part of the criminal conspiracy to persecute anyone who attempted to legally challenge the STOLEN 2020 election should be stripped of their license to practice law! There MUST be consequences for such blatantly criminal actions.
Let us pray…
It’s good for the American public to read it. The judge won’t care about it, but good American souls are everywhere and it should be read as a reminder of how this nation has declined and how righteous thinking and the truth should always be paramount.
WOLVERINES!!!!
Thank God for that man, whomever he is!
Thank you Sundance. You are a great soldier for Justice.
Gotta read the file tomorrow.
Running out of memory.
Retired Magistrate here: A beautifully written response by President Trump’s legal team.
President Trump’s legal team’s argument: President Trump’s speech is constitutionally protected. Jack Smith’s “legal” argument: The First Amendment is a threat to government. That sums it up in a nutshell.
Excellent summary, Marcia.
If they want to silence Trump. the should silence Biden also. However, since Biden is going to campaign from his basement again, he has already silenced himself. Biden’s handlers would love for a court to silence Biden.
Problem is, it’s almost certainly not going to be biden who actually runs in the end. Either a newsome switcheroo (probably after the primaries), or another candidate subbed in. The court can hardly go around banning EVERYONE from speaking in the election campaign… as much as the judge might wish she had that much power!
On page 9, I found this gem: “If the prosecution wishes to avoid criticism for abusing its power, the solution is simple:
stop abusing its power. The Constitution allows no alternative.”
BOHICA, Jack Smith.
So, basically, the prosecution gets to use their preemptory challenge to jurors BEFORE they are told to report for jury duty to potentially be empaneled. The prosecution gets to say whatever they want when ever they want but the defendant does not? One cannot assume that people will be “tainted” because you do not know who will be on the jury. There is a time to question or eliminate biased jurors and this isn’t it yet. The Bill of Rights protects citizens not the government. Gag orders are unconstitutional, period.
Is it a crime to have “fueled” an “assault” on something that does not exist?
If existence is a requirement necessary for there to be a crime in fueling an assault, then Smith’s claim that Trump “fueled… an unprecedented assault on American democracy,” cannot be a crime or even relevant since the government of United States is a republic.
Well here’s another opportunity for VSG to dominate the news cycle again lol! No air for anyone else and it’s only Tuesday ha ha.
Jack Smith has shown time and time again, that he is little more than a thug, masquerading as an attorney. One of lawfare’s best frauds.
And President Trump calls him out on it daily. 🙂
👏👏👏👏👏
I think this is going to SCOUS. The media will bury this story if the judge agrees with President Trump’s attorneys.
I really want to see the showdown when President Trump’s attorneys present the truth about J6 and how the public reacts. The low information voter has no clue how much they have been lied to. They are still upset about President Trump conversation on the bus…
Could not get enough of Eric Dubelier in the DOJ Concord case
Excellent Motion. It calls them out for all of their slimy, illegal tactics to steamroll over PDJT and his attorneys’ legal defense rights. Even non-attorneys can see this is an unconstitutional, prejudicial, publicity stunt to convict President Trump before or even without a trial. It’s the epitome of do as I say, not as I do!
” The speaking Indictment, as part of an obvious strategy, launched false and derogatory public accusations against President Trump, which the prosecution then expanded with gratuitous, out-of-court statements wrongly insinuating that President Trump was responsible for the events of January 6—an allegation not made in the Indictment. In this respect, the prosecution and its media allies represent a far greater threat of prejudice to the venire than anything President Trump has or will say—particularly, in the District of Columbia. See Gentile, 501 U.S. at 1042.”
> For instance, the prosecution would prohibit any statement regarding the identity, testimony, or credibility of prospective witnesses. Doc. 57-2 at 1 (emphasis added). The prosecution provides no list of “prospective witnesses,” nor does it define “prospective.” That group could include anyone who worked in the federal government around January 6 or anyone who was involved in a state election. Further, that broad characterization likely still does not include everyone who the prosecution could claim is a “prospective witness.” The group of “prospective witnesses” could also arguably include many of President Trump’s political rivals in the upcoming election. Thus, the Proposed Gag Order places President Trump at risk of contempt any time he speaks about anyone relevant to his political campaign.
A contempt trap is Smith’s objective!
I read 7 pages to get the feel, good stay on them.
Eric Dubelier
Transcript from the May 16 hearing on the Special Counsel’s Russian
troll case.
Biggest takeaway: Special Counsel Rhee is a passive aggressive liar.
March 18, 2020
‘It’s Not Croquet.’ In Dropped Mueller Case, Reed Smith’s Eric Dubelier Didn’t Pull Punches Defending Russian Firm
“It comes down to you have to pound, and pound and pound away. And you look for a weakness, and as soon as you find that weakness, you exploit it and pound away at it,” Reed Smith’s Eric Dubelier says in a wide-ranging interview, after DOJ abandoned charges against his client Concord Management and Consulting.