Donald Trump Didn’t Do the Homework Assignment

There have been a flurry of filings in Donald Trump’s January 6 case today.

They are:

In general, Smith claims that Trump already has a lot of what he asked for. For example, because Smith adopted an expansive view on discovery from the start, Trump already has details about the payments for his January 6 rally and speech, which are newly relevant in the immunity context.

Trump asked for the texts of two people, claiming he only had four and ten texts from each. Smith says they already got far more (and can also look up texts in the warrant returns for others).

But I’m interested in this big redacted bit discussing … something about those text messages.

Finally, remember how several of Trump’s people (including Mark Meadows and Peter Navarro) used private email to plan their insurrection?

That’s going to be part of the immunity case.

With the exception of a handful of publicly available sources, the Government long ago produced this material to the defendant in discovery, even though much of it was arguably not discoverable. This includes material that goes to context and that the defendant incorrectly claims he does not already have— such as proof of the funding and organization of the Ellipse rally at which the defendant spoke on January 6; evidence about the defendant’s actions surrounding meetings and communications that the Government contends are unofficial; and other information indicating private, rather than official conduct, like Hatch Act warnings and use of private email accounts. The defendant’s assertion that he does not have such material appears based on the faulty assumption that the Government did not already produce it, as it did. See ECF No. 232 at 60 (counsel “assuming” there is discovery that has not been turned over “because the Government never had to really look at issues relating to immunity before”).

It would be hilarious if Trump’s failures to abide by the Presidential Records Act ends up biting him in the ass.

For now, because Trump didn’t engage with the redactions in the way Judge Tanya Chutkan ordered him to, it looks more likely we’ll get to see Smith’s substantive brief sooner rather than later.

In his response, Trump claimed there’s not much new there.

While the Presidential immunity filing contains few, if any, new allegations not already covered in other politically motivated and inaccurate lawfare efforts that President Trump’s opponents have improperly funded and disseminated, it is irresponsible for the prosecutors to so quickly abandon the safety and privacy interests that they previously assigned great weight in this case and in the Southern District of Florida. Accordingly, the Court should require the Office to make consistent redactions regarding identity-related information and to show cause why their proposed public disclosure of voluminous purportedly sensitive witness statements will not pose risks to potential witnesses and unfairly prejudice the adjudication of this case.

But he’s nevertheless trying to better hide the identities of the witnesses against him.

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27 replies
  1. TimothyB says:

    Am I wrong that one thing the SC is painting these requests for what they are, lame efforts to achieve delay? That might well accelerate the timetable.

  2. Badger Robert says:

    Thanks. Together with the comments on the other post, this clarifies the situation. The Judge docketed the response to show that it is inadequate. A minute order approving the redactions should follow.

  3. boloboffin says:

    Are they lousing up the required responses hoping for a Hail Mary from SCOTUS? “We can half ass it because the Six have our back.”

    • Peterr says:

      I’m wondering if Trump’s lawyers couldn’t get their client to sign off on what they wanted to say re the redactions, so they were forced to punt.

  4. Savage Librarian says:

    Gotta wonder if one of those shorter redactions is Alex Jones, especially since he interacted with one of the primary funders. Maybe Roger Stone is one of the names, too. Here is my working list of people who may have had something to do with the rally, although I admit it is a work in progress:

    Ali Alexander
    Proud Boys (names unknown, Tarrio?)
    Cindy Chafian
    Julie Fancelli
    Mike Flynn
    Kimberly Guilfoyle
    Alex Jones
    Charlie Kirk
    Amy Kremer
    Kylie Kremer
    RAGA members
    Dustin Stockton
    Roger Stone
    Caroline Wren

    • BRUCE F COLE says:

      There’s that email between A Kremer and Lindell that the DIO IG report referenced where she helpfully explained that the call to march on the Capitol was planned and kept secret so as to make it look spontaneous…so add pillow guy to the list.

      And I can’t imagine how Wiles’ name wouldn’t be there as well.

      Another one that might seem counterintuitive is Ivanka, if she might have been urging him in messages to back off, which would provide contrast to his criminal intent.

    • Savage Librarian says:

      Additional potential names associated with the rally:

      Justin Caporale – (Women for America First; Event Strategies Inc.)

      Kimberly Fletcher – (Moms for America)

      Brian Gibson – (leads a church in Owensboro, Kentucky)

      Mike Lindell

      Ed Martin – (Phyllis Schlafly Eagles)

      Jenny Beth Martin – (Tea Party Patriots)

      Linda McMahon – (America First Policies)

      Maggie Mulvaney – (niece of former top Trump aide Mick Mulvaney)

      Katrina Pierson – (Tea Party and spokesperson for Trump’s 2016 presidential campaign)

      Megan Powers – (operations manager/director)

      Hannah Salem – (operations manager for logistics and communications)

      Eric Trump – (Ironically, his birthday is January 6. His name is short enough to fit in one of the small redactions. J6 committee subpoenaed his phone records and there were texts.)

      Tim Unes – (Event Strategies)

      • Dale_02OCT2024_0706h says:

        Gym Jordan?

        [Welcome to emptywheel. Please choose and use a unique username with a minimum of 8 letters. We have adopted this minimum standard to support community security. Because your username is far too short and common it will be temporarily changed to match the date/time of your first known comment until you have a new compliant username. Thanks. /~Rayne]

    • emptywheel says:

      No. They’re people already in the indictment.

      Also, they received subpoenas but show up in those people whose devices were obtained with a warrant.

  5. SteveBev says:

    It would seem that team Trump put all their hopes for generating delay, including the possibility of interlocutory appeal, on manufacturing controversy relating to discovery pertaining to immunity.

    That seems to have been a gross miscalculation.

    Following a comprehensive demolition of their paltry complaints in that regard, with the SC powerfully pointing out that the defense repeatedly demonstrated they have not mastered the discovery they have already been provided with for some time, more than amply covering all the discovery to which they are conceivably entitled,
    the SC on pp 14,15 of their reply https://www.documentcloud.org/documents/25180145-241001-immunity-discovery-reply
    proposes a course specifically designed to thwart both delay and possible piecemeal interlocutory appeals.

  6. Amateur Lawyer At Work says:

    Let’s not ignore that TFG has pinned a lot of his hope for delay on another variation of “I’m a Presidential candidate” that Judge Chutkan has repeatedly rejected.

  7. vigetnovus says:

    Hmmm..
    Thinking “Cassidy Hutchinson” fits nicely in the the long one and “Mark Meadows” works for the short one. We know those two were texting.

  8. BRUCE F COLE says:

    Cop: “Do you want to know why I pulled you over sir? I’ve got a radar reading I’d like to show you.”

    Trump: “I don’t need to talk to you. You’re holding me up and I’ve got an appointment with the Mayor to get my tickets fixed.”

  9. tje.esq@23 says:

    Marcy –
    Former Republican strategist and now-never-Trumper Tim Miller’s book “Why we did it” pages (214 is chapter start) 224-246 and xiii-xiv, about Caroline Wren, discuss text messages and communications that may be helpful in filling in some holes in your knowledge that are not filled by J6-committee-acquired or DOG IG material. This applies to your post above and one you did the other day on a similar topic.

    I could be wrong, certainly, as you have read and opined on every book
    I know of about the Trump era, but thought it might be helpful to point you to these pages anyway, in case they might be of some use.

  10. Spencer Dawkins says:

    It would be hilarious if Trump’s failures to abide by the Presidential Records Act ends up biting him in the ass.

    Maybe this is well-trodden ground, but I wonder if the wide use of personal email addresses in the Trump administration has any relevance when Trump is trying to say “I’m immune because this is official conduct” in his immunity pleadings.

    If so, I’d be laughing about that, too!

  11. Cosmo Lecat says:

    The DOJ has unsealed special counsel’s redacted presidential immunity motion in the Jan 6 election interference case with permission of Judge Chutkan. It’s damning.

Comments are closed.