I’ll let Lawrence O’Donnell ramble a bit.
Trump is doing his best to stir up violence against anyone involved in prosecuting him. It appears the man shot by FBI agents in Utah yesterday had been motivated by Trump to make the threats that caught the agency’s attention. There is a growing consensus that we’re unlikely to see another January 6 style mass mob, but there is increasing likelihood of lone wolf terrorists, snipers, assassins. “We are witnessing Trump telling America that if he doesn’t get his way — regardless of democratic norms like elections or the rule of law — then you will get violence,” it says here.
Judge Tanya Chutkan needs beefed-up security. So much muck has been thrown at Fulton County District Attorney Fani Willis that she has told her staff to be careful and not respond to any of it. See the actual ad Trump’s campaign is running against the prosecutors working to bring him to justice.
Any other defendant would have been slammed by the courts for this behavior. He’d be in jail already. But everyone is afraid to penalize Trump. This is why he is so dangerous. His threats and cult following have given him power. And you know he’s not going to follow whatever protective order Judge Chutkan issues. They’re saying that if he starts publicly intimidating witnesses, that would be a separate crime. He could be charged. Charging him just seems to encourage him.
Jack Smith today proposed a start date of January 2 for the J5 trial. The filing document begins:
In its August 3, 2023, Minute Order, the Court directed the Government to “file a brief proposing a trial date and providing an estimate of the time required to set forth the prosecution’s case in chief” at trial. The Government proposes that trial begin on January 2, 2024, and estimates that its case in chief will take no longer than four to six weeks. This trial date, and the proposed schedule outlined below, would give the defendant time to review the discovery in this case and prepare a defense, and would allow the Court and parties to fully litigate any pre-trial legal issues. Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial—an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring
to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes.
Go to page 3 and begin reading at “The Constitution and Federal Law Provide that a Speedy Trial is in the Public’s Interest and in the Interests of Justice,” where it’s argued that the public needs a speedy trial in this matter.
In Other News: Clarence Thomas has taken undisclosed benefits from every right-leaning rich guy in the Western Hemisphere. This is a scale of corruption unprecedented in U.S. federal court history, I understand. If he’s still on the bench next time the Dems control both houses of Congress, they really need to impeach and remove him.I
In More Other News: The wildfires in Hawaii are so terribly tragic. I have nothing to say except that it’s such a damn shame.
Chutkan better realize what she's up against, and put this spoiled brat in his place, pronto. She could take some lessons from Nancy Pelosi, who, having raised 5 kids, knew exactly what she was up against in Trump, and dealt with him accordingly. We're going to find out real soon what Judge Chutkan is made of.
I'm getting nervous about the case in Georgia. Jen Rubin had a piece in the WaPo today (sorry, no linkee), that likewise was nervous over the likelihood Willis is going for a RICO charge (racketeering) against Trump and a large number of defendants. It's the sheer size of the case that's scary – kind of a flatbed truck carrying everything including the kitchen sink, vs Jack Smith's singularly focused cruise missile approach: as lean and tight as possible and aimed at one target and one target only. Willis' strategy is also up against the recent law passed by Georgia Republicans that would let them sack her. Makes no sense to me to try a gigantic case under such problematic conditions, you want to be as small and as fast a target as possible, a ninja prosecutor.
Ah, Hawaii. I've read it's due to climate change, that conditions there have been slowing causing the island's rain forests to dry out. It sounds like the Hawaii we knew is gone forever, or until humankind can get a grip on climate change. Maybe it will wake some people up. I knew several Republican types who either vacationed there or owned timeshares. It's nonetheless a lot to expect these thick people to connect the dots and change their political behavior.
One of the things I learned from Teri Kanefield is her assertion that the legal system cannot solve political problems. Trump knows this, and it's why he will ignore whatever protective order is placed against him, and will continue to instigate his followers till his dying day. It's why he doesn't care about the legal messes he's in, all that matters is getting re-elected. There is no legal prohibition against a convicted felon becoming President of the United States.
The satisfaction of seeing Trump in jail for his pre-trial violations of court orders would be great.
The downside is that it would lead to a bunch of legal filings which would create procedural delays in starting the trial. His strategy is to run out the clock, a strategy that has never failed him in the past. We can’t let this happen.
Trump's legal strategy is to not go to trial. IMO, Trump isn't trying to intimidate witnesses (that I can see.) Not yet, because witnesses don't matter if no prosecutor will try a case that no judge will accept. If you doubt that's the plan, look at the link to the campaign ad Maha has above.
MAGA is defending the guy in Utah that the FBI took out. No matter what the investigation shows about the circumstances (body cams & forensics) they will say he was a patriot executed by the deep state. I don't approve of government extrajudicial murders and if this was one, I don't defend it. On the other hand, if the pictures of this clown in tactical gear are true and if the police reasonably concluded he was the source of the death threat(s), you can bet the cops were ready for a firefight.
The death will not "inspire" other "patriots" to join the assault on prosecutors and judges. IMO, the vast majority of the wannabe soldiers are bullies. They want to shoot the people they do not like but THEY DON'T WANT TO BE SHOT AT. This is different from the real soldier who knows he's gonna come under fire and is resigned to the possibility of his own death. (I'm a veteran.)
The J6 prosecutions changed things. The advocates of "revolution" like Alex Jones romanticized the concept of overthrowing the government, like a trip to the beach but you take your AR-15 instead of a beach umbrella. They're going to jail, some for long stretches. Others are going out in body bags. Cops who warned J6 participants are going down. Some of those who signed the fake electors docs are high in the GOP state hierarchy. Facing criminal charges. More fake electors will be charged in GA next week.
In the first Indiana Jones movie, there's a scene where they uncovered the room where the Arc of the Covenant is waiting. They toss down a torch to the floor that seems to be moving and see snakes. Indie's friend says. "Adlers – very poisonous – you go first!" I think that's where the MAGA movement is (mostly.) There's enough kooks that it will be dangerous for a while, but most of the loudmouths are "You go first!" Trump has no army willing to go to war for him. I'm not sure if Trump has twigged to that fact yet.
Jack fired this salvo a day before the hearing on a protective order. My opinion is that he wanted to remind the judge that Trump has no right (according to precedents set long ago) to delay the trial for his political convenience. The PUBIC has a right to know the facts of this case before they decide the presidential election. Jack is ONLY allowed to deliver the evidence in a court of law in a trial. (I've read idiots who complain that Jack Smith did not include any evidence in the indictment. That's how it works – they bring charges in the indictment and evidence in the trial.) Releasing evidence BEFORE the trial is prejudicial. That's why Trump is also going to be prohibited tomorrow from discussing evidence and details in discovery. I predict a MAJOR smackdown of Trump's lawyer for doing five (count 'em) lengthy TF interviews on Trump's case in the media. It's a violation of professional conduct – somebody cited the actual rule, but I don't remember.
I'm curious if the judge will discuss the penalty for violating her order. An order from a judge to the defense or the prosecution is not a request. I don't think the judge will lock Trump up for threats until next year when the trial starts. She should but she won't. But Trump is a wimp. Three days in jail will frighten Trump out of what wits he has left. (A porcelain toilet? You expect me to crap in a white porcelain toilet?) I'm suggesting three days confinement in DC lockup (been there) will shut him up.
He'll do his worst, let's do our best
Then we, not he, shall pass the test
For we are right, and he's a jerk
No plan of his will ever work
His cronies reek of sleaze and booze
His fans go bats, his lawyers lose.