Reading appellate opinion in Brock, which basically concluded DOJ/DC judges unlawfully applied a sentencing enhancement for those convicted of 1512c2
The decision also appears to act as another attempt by DC circuit to salvage DOJ’s overall use of 1512c2
This footnote is 🙄
Footnote refers to this dandy by Obama appointee Patricia Willett in May 2023, denying Brock's early release pending appeal.
To my knowledge, not even DOJ is making this argument in appeals of 1512c2.
Appellate court is desperate to convince SCOTUS not to reverse DOJ application of 1512c2 against more than 330 J6ers and Donald Trump.
SCOTUS granted cert in December; oral arguments set for April 16. Both controlling appellate court decisions (2-1) on 1512c2 were authored by Judge Florence Pan; her opinion in the Joseph Fischer appeal is the case before SCOTUS.
Pan's judicial reputation is on the line in SCOTUS decision. If SCOTUS overturns her opinion in Fischer, and with force, she will be totally humiliated (to the extent any DC judge is capable of feeling shame or humiliation for their actions.)
Correction: Millett. There also is a Willett on DC circuit
Back to Brock opinion issued by 3 Dem judges.
Again an attempt to demonstrate a nonviolent J6er nonetheless acted "corruptly"--a key element in 1512c2 and one at issue in SCOTUS deliberations--that day.
This is the judicial reasoning J6ers are up against in DC courts
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Pour one out for the list of self-important "former officials who worked in the last six Republican administrations, senior officials in the White House and Department of Justice" who filed amici briefs in CO SC case including @gtconway3d @judgeluttig @RosenzweigP
ACB doesn't like the tone of the written opinion. She thinks the role of the court is to moderate the political temperature of the country? Um no that's not your job last time we checked...
LUNCH BREAK in Florida courtroom of Judge Cannon in classified documents case.
President Trump arrived at 9:55 along with his attorneys and co-defendants.
Special Counsel Jack Smith here too but did not speak during morning session.
Judge Cannon appears unfazed by yet another historic hearing in her courtroom. She peppered Smith’s team with questions about timing of new trial date—DOJ asking for early July—and the VERY contentious issue about scope of prosecution team.
At the outset, Judge Cannon stated the Special Counsel's new proposed trial schedule (May 20 trial date will be vacated) leading to trial date of July 8 is "unrealistic" given at least 13 outstanding motions and intense CIPA litigation (special guidance on the handling/access to classified evidence before and during trial.)
Another issue is Alvin Bragg's prosecution of Trump later this month; trial is expected to begin March 25 and last between 6-8 weeks, interrupting Trump's ability to attend any court proceedings in FLA for almost two months.
When Smith's team tried to blame Trump attorney Chris Kise for taking on both the Bragg case and the classified docs case and argued his work schedule related to both matters should not preclude the FLA trial from moving forward, Judge Cannon reminded DOJ that right to access all court proceedings doesn't apply to the lawyers but "to the accused."
Much of the debate centered around the definition of the scope of the prosecution team.
In January, Trump filed a lengthy motion detailing numerous government agencies including the Biden White House involved in the investigation and prosecution of the classified docs case.
Agencies include NARA, DOJ, FBI HQ, the intelligence community, DOD, DOE and the other usual suspects.
Contrary to public assertions and Jack Smith's indictment, it appears NARA and DOJ and even the Biden White House general counsel were in cahoots as early as spring 2021 to concoct a documents charge against Trump.
DOJ says FBI opened an investigation into mishandling of classified docs in March 2022 after NARA sent a criminal referral following the alleged discovery of files with "classified markings" in the 15 boxes Team Trump gave to NARA in Jan 2022.
But the defense team has evidence--including emails and other records--to dispute that so they want an evidentiary hearing on the full scope of the prosecution team to determine which federal agencies or officials must meet Jencks, Giglio, and Brady discovery obligations.
Things continue to heat up in classified documents case.
Yesterday, Trump filed a motion asking Judge Cannon for permission to file a single brief not more than 200 pages to further detail their arguments against the case. This continues Trump's efforts to get redacted swaths of discovery unsealed--something Cannon is already contemplating but proceeding with caution:
Cannon just filed this order asking Trump's lawyers to stick with individual motions (slightly expanding normal size of motions) and for Jack Smith to respond to Trump's requests to unredact certain info.
Smith is fighting basically every request to make discovery, including unclassified evidence, available to the public--odd since Smith considers the "public" a party in the DC case.
Cannon has already denied some of Smith's requests and sternly reminds DOJ that transparency is paramount. She has already denied some of Smith's attempts to keep material under seal, ordering motions unsealed that should not have been.
Earlier this month...
Cannon granted Trump's request to unredact portions of a separate motion that was heavily redacted under existing protective order. The redacted passages dealt with comms with Biden White House; collusion btw DOJ and NARA; evidence of bias on Special Counsel team and other damning info. It's temp on hold as they continue to sort through redactions.
Cannon is very leery of Smith's attempts to conceal information. From her 2/6 order:
Several Trump supporters tied to “anti government” groups were arrested and denied bail on nonviolent and/or bogus charges like “obstruction” for J6.
Some were repeatedly denied release at behest of Biden’s DOJ and waited 18-24 months to go to trial in DC. Judges in DC…
repeatedly condemn to this day Americans who believe the 2020 election was stolen. They demand “struggle session” like confessions where the accused is forced to recant their political beliefs and admit Biden is the president.
Many face years of probation so the government can surveil their political activity in advance and during the 2024 election.
Judges have applied “terror enhancements” to prison terms for nonviolent defendants. This includes grandmothers with no criminal record.
DOJ continues to investigate, arrest, and charge Trump supporters for a 4-hour disturbance the government instigated in a show of force against political dissent.
DOJ brags about a caseload of 1,300 Americans and counting for J6. The regime’s most common felony is now before SCOTUS and could be overturned—resulting in an unprecedented reversal in how DOJ and DC judges applied the law to turn political protesters into felons.
Spare me the crocodile tears over Navalny. The actual victims of a ruthless and relentless legal crusade against dissidents are right here in America.