Jack Smith’s Immunity Argument

Is here. I’ll write it up once I’ve read it.

Here’s the November 14, 2020 tweet IDing the following people.

CC1: Rudy

P10: Joe DiGenova

P11: Victoria Toensing

CC3: Sidney Powell

P12: Jenna Ellis

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39 replies
    • Max404Droid says:

      The first two sentences are epic. With two words he kills it.

      The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so.

      Reply
  1. Fran of the North says:

    The throughline of these efforts was deceit: the defendant’s and co-conspirators’ knowingly false claims of election fraud.

    Reply
    • TimothyB says:

      Correct. Sometimes called by other words, e.g. disinformation, but always deceit. In contrast, the results of the election are presented as objective fact using a variety of rhetorical strategies. A powerful document.

      Reply
  2. TimothyB says:

    Thanks for opening this and for the cast of characters (beginning of a cast of characters.) Really helps with reading.

    I would greatly appreciate anyone who identifies P9 and anyone who helps with footnotes. On footnotes, e.g. what is GA – nnn? A link to a piece of evidence numbered nnn?

    Reply
    • Michael8748 says:

      Yes and guaranteed they’re all guilty. Painfully obvious.

      [Welcome back to emptywheel. SECOND REQUEST: Please use the same username and email address each time you comment so that community members get to know you. This the second time in two days you’ve attempted to publish a comment as “Michael” but triggering auto-moderation. I’ve reverted your username to your established one. Make a note of it, check your browser’s cache and autofill. /~Rayne]

      Reply
    • GeeSizzle says:

      and CC2 I think is Eastman, who spoke after Giuliani in the incriminating section with “trial by combat” (I could be wrong, sorry, that was a lot to skim!)

      Reply
    • john paul jones says:

      Not sure, but the quotation on P7 (… he’s just going to say he’s the winner) I thought was Roger Stone (?).

      Actually, I take it back. I was thinking of a more profanity-laced comment from Stone, captured on video, to the same effect.

      Reply
  3. GSSH-FullyReduced says:

    The SC brief generated some projectile vomiting from Stevie Cheung:
    “Deranged Jack Smith and Washington DC Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power…
    …President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out. This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”

    Just another spirit of Jezebel twisting its head in 360s.

    Gaawdaweful stuff to process.

    Reply
    • Rayne says:

      Now I have to wonder how many of Trump’s wacky social media posts with drafted with so much improper letter case are really crafted by Steve Cheung.

      Reply
  4. SotekPrime says:

    I think the comment witnessed by P15 (“It doesn’t matter if you won or lost the election, you still have to fight like hell” is previously-unreported?

    “Make them riot” is also not, to my knowledge, previously reported.

    Very damning brief, I wonder if the MSM is actually going to bother reading it.

    [Welcome back to emptywheel. Please use the SAME USERNAME and email address each time you comment so that community members get to know you. You attempted to publish this comment as “Sotek”; I have reverted it to your established username. Check your browser’s cache and autofill. /~Rayne]

    Reply
  5. Bruce Olsen says:

    Here it is; the hour of reckoning for the old-school GOPers. If they don’t cast MAGA from the party now they may not get another chance this good.

    But I also suspect they’re craven enough to wait and see if Trump somehow survives.

    Reply
    • JanAnderson says:

      Of course.
      Forget them, what’s important is the legal stuff, the SC, and this, it’s a battle. Jack Smith is like a Transformer (my son loved them lol) – he won’t let the SC allow the orange creep to slip the noose if he can help it.

      Reply
    • xyxyxyxy says:

      It’s the “old school” gopers that created Trump. Starting from characters in the movie Vice on. Like Cheyney etal who were as lawless, if not more, than Trump and lucked out from prosecution. Now Cheyney and his family are all of a sudden anti what they created?

      Reply
      • JanAnderson says:

        What we are witnessing in Jack Smith is a warrior (legal-like) taking up the challenge of a ‘not representing anyone other than themselves (or rather, their ‘beliefs’) Supreme Court. They’re supposed to be the ‘sober last word’. Independent?
        What a fucking sad joke. Having said all that I like warriors.
        Jack Smith, Mr. Tim Walz, and of course Kamala Harris.
        Those who don’t buckle under the onslaught, keep on repeating the message with authentic conviction.

        Reply
      • JanAnderson says:

        None of the aforementioned btw, have anything to hide. Take comfort in that, and get the GOP bugs out of your head. You’re backing a winner.

        Reply
  6. burnitclean says:

    I’ve worked through the obvious ones so far. I’m about 40 pages in:
    P1 Steve Bannon
    P2 iCampaign Manager Trump 2020, Bill Stepien
    P8 Chief of Staff for VP Mike Pence, Marc Short
    P16 Arizona Governor, Doug Ducey
    P17 Georgia Governor, Brian Kemp
    P18 Arizona Speaker of the House, Rusty Bowers
    P21 might be Mark Meadows
    P25 Gabriel Sterling
    P26 is Georgia Attorney General, Chris Carr
    P29 Georgia election worker, Wandrea Shaye Moss
    P30 Georgia election worker, Ruby Freeman (Moss’ mother)
    P33 Georgia Secretary of State, Brad Raffensperger
    P37 Michigan Senate Majority Leader, Mike Shirkey
    P38 Michigan House Of Representatives Speaker, Lee Chatfield
    P39 Republican National Committee Chair, Ronna McDaniel
    P43 Republican National Committee Chief Counsel, Justin Riemer
    P46 Chair of the Pennsylvania Republican Party, Lawrence Tabas

    Reply
  7. Badger Robert says:

    The former President’s campaign knew what was coming because his attorneys had seen the filing. The Harris/Walz campaign seems to have had accurate anticipation of what was going to happen. Its not about a minor brag about assaulting women, its about something everyone in the US experienced together.
    I am waiting Ms. Wheeler’s further comments, though its late in Ireland.

    Reply
    • klynn says:

      “The Harris/Walz campaign seems to have had accurate anticipation of what was going to happen.”

      Pretty sure VP Harris’ background gave her the chops to accurately anticipate what was going to happen.

      Reply
  8. sunflores says:

    Only got to page 51 so far and am stuck on the thought that Trump is just not a strategic thinker.

    For example, if during Covid he had said yes, it’s difficult but we can get through it together, like W’s “Speech on the Rubble” after 9/11, Trump would have been re-elected.

    If he had conceded after his loss, he would have the power without the constraints of the presidency.

    All Presidents have a bit of narcissism and sociopathy, (how could they not?) But, and I’ve obviously spent WAY too much time thinking about him, he is just incapable of thinking beyond and immediate “win” in order to achieve a longer term goal.

    I’ve chewed and spit up folks like this up in business many times.

    Of course,

    Reply
    • Rayne says:

      Possibly related: deteriorating capacity to plan and sequence events is a feature of frontotemporal dementia.

      Wrt all presidents having a bit of narcissism and sociopathy — you actually wrote that this week when Jimmy Carter turned 100? O_o

      Reply
  9. soundgood2 says:

    I was able to easily identify about 20 just from stuff I learned reading Emptywheel these past months. What stands out to me is how much time and attention Trump was devoting to this when he was ostensibly supposed to be running the country. Also no mention of Chuck Grassley and his claim that he might be presiding over the proceedings if Pence were for some reason not available. I can also see why Trump’s team is so anxious to get the Pence stuff thrown out as part of the “official acts.”

    Reply

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