In a three-page opinion and order [pdf Available Here], DC District Court Judge Tanya Chutkan outlines that she may be forced to pause the case against President Trump until the appellate court, and then likely the Supreme Court, make a decision on presidential immunity.

[Source pdf]

Within this opinion/order, we find the reason for Special Prosecutor Jack Smith to jump over the appellate court and ask the Supreme Court to expedite a review and determination on the issue.

The jurisdictional issue on the specifics of the pre-trial appeal is likely to slow down the trial dates being pushed by Special Prosecutor Smith.  Overall, this has been a very bad day for the Lawfare team, as they run into judicial processes that cannot be facilitated by politically motivated higher courts.

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Two of the charges against Donald Trump are centered around 18 U.S. Code § 1512(c)(2), part of the 2002 Sarbanes-Oxley Act. As noted by Julie Kelly, “The statute was meant to close a loophole in other obstruction laws related to the destruction of evidence but left open to interpretation the terms “corruptly” and “official proceeding.”

In addition to Donald Trump, this federal statute meant to target organized crime and financial crimes has been used against 300 J6 defendants. Three J6 defendants have appealed the use of this provision to charge them with obstruction. A DC trial judge originally agreed with the argument and dismissed the framework of the Lawfare effort.
However, the U.S. Court of Appeals for the District of Columbia Circuit reversed the dismissal order.

J6 Defendants Edward Lang, Garrett Miller and Joseph Fischer appealed to the Supreme Court, which has now agreed to take up the case, U.S. v Fischer. In one way, this can be looked at as the Supreme Court reviewing the charges against Donald Trump, without ruling on the charges against Donald Trump.

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In this short clip {direct Rumble link here} former AG Eric Holder is asked about the potential for a President (Trump) to target his political opposition using the DOJ.

Not coincidentally, nor ironically, Holder goes on to outline the exact process that Joe Biden is using to target Donald Trump.  Which is the exact same process Barack Obama used through Eric Holder to target his political opposition in the aftermath of the 2010 shellacking.  First the video, then the reminder.  Eric Holder knows a great deal about how this process works, because he did exactly what he is outlining.  WATCH:

What too few people remember is that back in 2011, in the aftermath of the November 2010 shellacking of the Democrats by activist Tea Party groups around the country, AG Holder asked the Treasury Department to participate in a “special research project.”

The IRS was asked for the Schedule-B’s of groups who were registered as “patriot” groups (Tea Party Patriots) and other names associated with the political uprising against Barack Obama and the takeover of federal healthcare, ie Obamacare.   The Cincinnati field office of the IRS then sent the DOJ a batch of CD-ROM’s containing the names of the individual donors listed on the IRS 501-c (3)(4) forms.  That list was then compiled and used by the federal government to target the donors and supporters.

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In response to a media lawsuit for information being withheld by the DOJ, a heavily redacted search warrant was revealed {SEE pdf HERE}.  Within the warrant issued to Twitter-Xcorp, Special Counsel Jack Smith demanded the information on every account that engaged with the Donald Trump Twitter account.

[Source]

The ridiculously overbroad warrant and demand for information, was initially fought by Twitter; however, it appears the courts ultimately demanded compliance and Twitter acquiesced.  That is a stunning amount of information included in the search warrant.

(New York Post) –  Special counsel Jack Smith’s comprehensive search warrant for information related to former President Donald Trump’s Twitter account sought the 2024 Republican presidential primary front-runner’s search history, drafted tweets, blocks and mutes.

The special counsel also demanded a list of all devices used to log into the account and information on users interacting with Trump, heavily redacted court filings show. 

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As noted by the New York Post, “a brilliant new crowdfunded documentary, “The Fall of Minneapolis,” aims to remedy our collective amnesia about the events of May 25, 2020 — a time when the country was already half-mad from the ravages of COVID-19 and forced lockdowns, and when Democratic Party operatives, including candidates Joe Biden and Kamala Harris, seized on the “Defund the police” movement, in order to bring down President Donald Trump.”

The film is based on Liz Collin’s Amazon bestseller, “They’re Lying: The Media, The Left, and The Death of George Floyd,” which exposes the holes in the prevailing narrative surrounding George Floyd’s death, the trial of Derek Chauvin, and the fallout the city of Minneapolis has suffered ever since (more). Here is the full video documentary:

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After several interesting hearings and court filings last week, U.S. District Court Judge Aileen Cannon has indicated she is likely to postpone the trial schedule requested by Special Counsel Jack Smith due to the scope of material evidence and the need for defense attorneys to review slow production by the prosecution.

As noted by journalist Julie Kelly, who has attended the hearings, “On Friday morning, [Cannon] announced a stay, or suspension, of all pre-trial deadlines as she prepares a formal order to explain her thinking and very likely issue a new trial date.”

Bad News / Good News – Before getting to the great summary outline provided by Kelly, it is worth remembering one of the challenges in the case, which fortunately Judge Cannon has great familiarity with.

You might remember when the issue of defining “classified documents” surfaced, Judge Cannon appointed a “special master” to review the documents and make determinations.  The prosecution filed an appeal to that approach and won within the 11th Circuit based on an outlook the Jack Smith team is relying on.

Essentially the appellate court ruled on the DOJ calling the material “classified” and “vital to national security”, by saying in the court’s determination they have no authority to question the decision of the executive branch when it comes to matters of national security. {Go Deep}

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Everything about the case in New York City against the Trump organization business operations is ridiculous.  There are no victims.  There was no fraud.  All of the lenders did their own due diligence.  All of the loans were paid back without issue and the statement of financial condition was factual and accurate.

Additionally, the statute being used as the predicate for the case is a consumer fraud statute, intended to protect borrowers from predatory lenders. In the four corners of this case, Trump is the borrower, and the banks were the lenders.  New York is flipping the statute to claim the borrower defrauded the lenders, despite the lenders denying there was any fraud and there was no harm.   The entire case is ridiculous.

In this brief video segment, Trump defense lawyer Alina Habba reviews the current status of the case.  WATCH:

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More of this is needed.   Today, Illinois Senator Dick Durbin (D) and Ohio Senator JD Vance (R) confronted each other in the upper chamber over DOJ nominees that Senator Vance refuses to advance with unanimous consent.

Durbin was furious at the blocks JD Vance was putting in front of the Joe Biden nominees for U.S. Attorney and criticized Vance for campaigning on “law and order” while blocking those DOJ nominees advanced by Durbin.  In response, Senator Vance delivered remarks promising to block every DOJ nomination as long as Joe Biden continues weaponizing Main Justice and the USAO nominations to target his political opposition.  WATCH [prompted to the Vance response]:

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JD Vance has some tenuous network affiliations in his background that give me a little pause; however, on the substance of this issue, he is righteous in this approach.

There has been little, if any, Republican push-back to the radical nature of the onslaught brought forth by Biden, DAG Lisa Monaco and AG Merrick Garland.  Factually the Lawfare tactics have increased in weaponized intensity throughout the Biden term in office.

The Republican House has the ability to block the funding mechanism, and the Republican minority in the Senate have the ability to block the nominees. Until now, we have seen little, if any, effort by either chamber to bring the Biden rogue elements to heel.  Perhaps this is the start.  Regardless, it is at least a step in the right direction.

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President Trump and Alina Habba speak to the media following another day of nonsense testimony in the New York civil case against Donald Trump.

President Trump again reiterates the construct of the case against him as a political effort with no foundational premise in legal statute.  The lending institutions did their own due diligence; there are no victims, all the banks and finance offices were repaid with interest and ahead of schedule; there were no defaults and all lenders were satisfied with the terms, conditions and results.   WATCH:

BELOW: President Trump’s lawyer, Alina Habba, then reads the first page of the lending agreement to the media so they can better understand the nature of the fraudulent case being attempted by the State of New York.

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Good luck with this effort!  That’s my thoughts.

Yes, DC Judge Tanya Chutkan can decree from her perch that President Donald Trump is not permitted to criticize his persecution, the court, the witnesses who will testify against him or the political prosecution that is targeting the leading 2024 presidential candidate, but executing that decree is another kettle of fish entirely.

It is one thing to decree your control over independent speech, it is another thing entirely to try and enforce that decree.  Thankfully, and standing firm in his position, President Trump said in response he is “willing to go to jail, if that’s what it takes for our country to win and become a democracy again.”

(Washington DC) – […] Trump, who opted to campaign in Iowa rather than attend the hearing Monday, has also in recent weeks pointedly attacked several known witnesses in the case. He suggested that one of them, retired Gen. Mark Milley, would have warranted the death penalty in another era, and he repeatedly blasted another, former Attorney General Bill Barr.

Acknowledging Trump’s broad right to weigh in on public policy issues as he pursues a second term in the White House, Chutkan said nevertheless that Trump could not launch a “pretrial smear campaign” against those who might testify against him. She said she would consider “sanctions” if she observes any violations. She did not elaborate on those sanctions, although she said she planned to issue a written order with further details.

The pronouncement raises the prospect that Trump could face punishment — ranging from restrictions on his use of social media all the way up to potential pretrial incarceration — if he continues to mount public attacks on Smith and his team or witnesses likely to testify in his March trial. (read more)

Any restrictions against President Trump’s ability to defend himself from political prosecution can be appealed and let the Supreme Court of the United States go on record for or against the rights of the accused.

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