You now see the usual suspects once again claim Judge Aileen Cannon is delaying the classified documents trial by putting on hold a key hearing (CIPA 5) that requires the defense to disclose what classified records they intend to use at trial.

What the very same analysts/commentators (looking at you Joyce Vance) intentionally ignore is that Special Counsel Jack Smith's mishandling of evidence and misrepresentations to the court are responsible for any delay. (Also, Smith didn't produce all classified discovery until the end of March.)

Further, the May 20 trial date has been vacated due to Smith's other indictment against Trump in DC (now on hold pending SCOTUS opinion on immunity--that trial date was March 4) and Trump's trial in NYC. One lawyer represents Trump in FLA and NYC.

These "legal" experts insist Trump has no due process rights and that one trial/proceeding should not impact another. Judge Cannon has explicitly said that she will honor Trump's rights as defendant to participate in his defense--which is further complicated by the need to review classified evidence in a secure facility.

Look at this argument by Jay Bratt in a filing last month. Keep in mind--this degenerate midget represents the United States:
This is from Smith's brief filed late Friday.

Not only did Smith (Bratt) admit Bratt misled the court last month related to the existing condition of the 34 boxes taken from Mar-a-Lago, but Smith further admitted the FBI index identifying exactly where an alleged classified record was found within a box containing other items IS NOT ACCURATE.

But, Smith claims, it doesn't matter if the FBI index is inaccurate or why the inner contents of the box is not in its original form because all that matters is an alleged classified document in defiance of the May 2022 subpoena was somewhere in the box.

Smith also tells Judge Cannon that since defense didn't uncover this scandal earlier, it should have no bearing on how to proceed.

Incredible.

NEW: Based on new revelations of evidence disruption and potential tampering, Judge Cannon has postponed a key deadline in classified docs case. This is related to special guidance (CIPA) in classified docs matters.

She is done with Jack Smith's game-playing This is in direct response to a filing today by Trump's lawyers that argued disclosures by Special Counsel Jack Smith proves the government did not preserve the integrity of boxes seized during MAL raid:

Now turning to perhaps the most problematic issue for Jack Smith and Jay Bratt, his lead prosecutor.

This is from court transcript of April 12 hearing. Cannon (who probably already knew the real answer) asked Bratt about the condition of the seized boxes.

This is not true: Jack Smith confessed as much in yesterday's filing. He would not have but for Nauta's attorney busting DOJ for tampering with evidence.

Defense building evidence to support motion to dismiss on prosecutorial misconduct--which is pending before Cannon.

Before I address the evidence-tampering filing posted by Special Counsel Jack Smith last night, let's turn to the motion that forced Smith to admit what happened--one filed by Walt Nauta's attorney on May 1.

Remember the photo of "classified docs" strewn on the floor with scary looking cover sheets to depict the classification level of various papers?

It appears those cover sheets, or slip sheets, were produced and used by the FBI after the raid.

The cover sheets do not represent the format in which the records were found--an intentional misrepresentation in the court docket for special master lawsuit and by the media.

Here is how Nauta's attorney described what we now know is the FBI's use of "slip sheets" to replace alleged classified papers.

Look familiar? This is how DOJ in August 2022 described the files in
a filing to Judge Cannon with accompanying photo that went viral to make it appear that this was the original form of the documents seized by FBI.

This does not appear to be the truth--at all. It instead appears that the red, yellow, and blue cover sheets were "slip sheets" the FBI used to replace alleged classified files.

NEW: Per Judge Cannon's authorization, Trump just filed unsealed version of motion to dismiss on selective/vindictive prosecution.

Notes others caught with similar documents were never prosecuted incl Biden, Pence, both Clintons and Jim Comey. More evidence of comms btw NARA and Biden WH including deputy WH counsel Jonathan Su.

NARA also was demanding Trump's Twitter data.

"David isn't going to DOJ" refers to David Ferriero, Obama appointed archivist helping build a records destruction case as early as June 2021

Ok 6th appellate court had wrong link for oral arguments in Fox/Croft Whitmer fednapping hoax.

Croft atty up 1st. He will discuss court's decision to prevent jury from seeing hundreds of incriminating comms btw FBI handlers and informants that demonstrated the entrapment scheme Croft atty: "The judge really put the bar down on that."(There were roughly 200+ messages the defense wanted to enter into evidence. Judge said no.)

Croft points to appellate court ruling that supports disclosure of those messages to jury. "It is made for this case, where entrapment is so critical where you do have communication between govt agents."

2 Trump, one Biden judge on the panel btw.

Not only is Judge Cannon exposing DOJ corruption, it appears she is about to open a can of whoop ass on DC court, namely ex chief Judge Beryl Howell.

Cannon seems poised to release info related to Howell's order piercing atty-client privilege btw Trump and attorney Evan Corcoran Howell consented to Smith's request to pierce that privilege under the crime fraud exception. Howell claimed there was enough evidence of a crime (!) to justify taking the extraordinary step of giving Smith access to all of Corcoran's files on Trump.

nytimes.com/2023/03/17/us/…

NEW: White House visitor log shows that David Ferriero, Obama-appointed national archivist involved in the early stages of the "classified documents" scheme against Trump, met with Biden's WH counsel Dana Remus twice at the White House in Sept 2021:

Ferriero called J6 the "worst day of his life" and started threatening Team Trump in the summer of 2021 with making a criminal referral to DOJ over alleged "destroyed" presidential records. Dana Remus worked for Obama's DOJ then went to Obama Foundation where she served as counsel to Michelle Obama.

Barack Obama officiated her 2018 wedding.

Happy Unredaction Sunday!

Unsealed filings in classified docs include FBI affidavit to get search warrant to raid Mar-a-Lago. (Left is most recent publicly available affidavit that I'm aware of)

This is how DOJ shifted investigation from classified docs to Espionage Act case:
Why would this need to be redacted?

And keep in mind--as I flagged yesterday--two pallets of Trump's boxes were transported from GSA facility in VA to MAL in early August 2021.

This affidavit makes it sound like all the boxes originated from WH in Jan 2021.

John Sauer, representing Trump, gives opening statement. Already answering questions posed by Chief Judge John Roberts.

Says indictment uses vague statutes (2 of 4 in this indictment relate to 1512(c)(2) to criminalize "core authority" of the presidency. Sotomayor already arguing what Trump did was for "personal gain" unlike what Obama did--one example used by Trump's team is could Obama be indicted for drone strikes that killed an American--bc Obama did it "to protect the country."

"The president is entitled for personal gain to use the trappings of his office without facing criminal liability." She mentions "creating false documents" as an example of committing a crime outside of scope of authority.

NEW: Thanks to order by Judge Cannon, key evidence related to classified docs case is now unredacted.

On the left: What DOJ/Jack Smith wanted to conceal.

On the right: Now we know why. More proof of collaboration btw Biden White House and NARA to concoct a case.
Outrageous lies by Joe Biden, Attorney General Merrick Garland, and DOJ/Jack Smith about "independence" from investigations into Trump.

The Biden White House and DOJ wew intimately involved in developing a criminal case against Trump for records mismanagement--it appears the first go-around related to alleged "destruction" of government papers.

Contrary to public and legal assertions, NARA was working with DOJ/White House to craft a criminal referral by Sept. 2021--FIVE MONTHS before the "official" referral by NARA to DOJ in Feb 2022.

(Govt redactions on left, newly unredacted filing on right.)

As I noted yesterday, Elizabeth Prelogar totally misrepresented (lied?) how DOJ routinely handles sentencing requests for those convicted of 1512c2.

Under questioning from Kavanaugh about prison sentences, Prelogar tried to make it sound like 1512c2 defendants with other nonviolent offenses (common misdemeanors) only get about 24 months in jail.

She quickly mentioned the "Brock" case--referring to Larry Brock, a man from Texas convicted at bench trial of 1512c2 and 5 misdemeanors--and the "enhancement" recently overturned by DC appellate court in 1512c2 convictions.

So what did DOJ ask for in Brock case? Not 24-26 months as Prelogar attempted to mislead Kavanaugh into believing.

NO--DOJ asked for 60 months in prison.

This is far more representative of what DOJ has requested in similar cases. And yes it included the now unlawful enhancement but that was the enhancement DOJ ASKED FOR.
Judge Bates, who convicted Brock, sentenced him to 24 months using 1512c2 felony as basis for the two-year prison term. Fine--but that doesn't erase how or in what manner DOJ asked for FIVE YEARS in prison.

Here is how DOJ got there...by using an "administration of justice" enhancement the appellate court last month concluded was unlawfully applied.

Prelogar forgot about that part:

We are underway at SCOTUS.

Jeffrey Green, representing Joseph Fischer, opens.

Clarence Thomas asks first question and how 2 provisions (c)(1) and "otherwise" (c)(2) are related.

The question is whether the second part--very vague--is tied or independent of the first part: "alters, destroys, mutilates, or conceals a record, document, or other object, with the intent to impair the object's integrity or availability for use in an official proceeding." Amy Coney Barrett asks question on a point raised by Jack Smith, which is whether 1512c2 defendants did attempt to obstruct with documents, i.e., electoral certificates.

KBJ presses Green on whether statute applies to evidence since the word "evidence" doesn't appear in the language.

Kagan: There are multiple ways the drafters of could have drawn "commonality" between c1 and c2.

1512c2 is under USC 1512: "Tampering With Victims, Witnesses, Or Informants."

On a day about "rule of law" and whatnot.

I have just obtained the transcript of April 5 hearing on House Judiciary Committee lawsuit against Mark Daly and Jack Morgan--2 DOJ tax attorneys involved in Hunter Biden investigation--for defying Congressional subpoena for their testimony.

It's better than reported.

Judge Ana Reyes (Biden) hammered DOJ attorneys explaining why DOJ can just ignore the subpoenas. James Gilligan represents DOJ: Here, Reyes refers to Peter Navarro currently serving a four month prison sentence for conviction on contempt of Congress charges for defying J6 Committee subpoena:

Some mini bombshells out of this afternoon's court hearing in Florida classified docs case.

First, things continue to get spicy between Judge Cannon and Jack Smith's team. She expressed great frustration at what she called "secrecy" surrounding grand jury materials in DC. Keep in mind--DOJ then Jack Smith conducted nearly the entire investigation in Trump-hating DC then switched to FLA at last minute for indictment.

Cannon said there is something "ambiguous going on in the background" and commented that it is "impossible to really know" why grand jury materials remain in DC, some under seal.

She pushed Jay Bratt, Smith's lead prosecutor, to explain why records from a closed grand jury matter must remain sealed. Apparently one matter involves Judge Beryl Howell's order that pierced attorney-client privilege between Trump and his lawyer.

Defense attorney Stanley Woodward said he has asked DC court to docket his requests for certain GJ materials. They have "declined," he told Cannon. Second--and stunningly--Jay Bratt basically admitted they do not have proof that Walt Nauta, charged with conspiring with Trump to conceal classified files from Trump's lawyer then the FBI to impede grand jury investigation, moved boxes that actually contained papers with classified markings.

He also indicated he did not believe DOJ would have to prove that at trial. HUH?

That prompted a heated response by Woodward. "Show us the evidence" he said. If, as Bratt stated, they can't or don't have to prove Nauta moved boxes with records with classified markings "there is no crime."

DOJ making "assumptions" that any boxes Nauta moved contained sought-after evidence.

And get this: All the boxes retrieved during MAL raid are at the corrupt Washington FBI field office. Agents apparently removed the alleged "classified documents" and put some sort of marking as to where the contraband paper was in the box.

Suuuure.

MORE from FBI interview with Walt Nauta, Trump's White House valet then personal aide at Mar-a-Lago.

The FBI interrogated Nauta w/o Trump's knowledge. About not just the movement of boxes but Trump's habits and conversations.

Just imagine the FBI doing this to any other former president. FBI agents (unidentified for now but I believe they were out of the Washington FBI office of course) lowkey accuse Nauta of being something other than an aide and pressure him to snitch on his boss--Trump

NEW filings overnight by Walt Nauta, Trump's WH valet and so-called "body man" after he left the White House related to charges in the "classified docs" case.

Jack Smith claimed Nauta moved boxes to conceal classified files from Trump's attorney and FBI. Nauta says--prove it:
I am reading thru Nauta's May 2022 voluntary interview with FBI. Nauta repeatedly states he packed personal items for Trump and did not handle or see classified papers. Nauta oversaw delivery of 15 boxes from MAL to NARA in Jan 2022:

The latest order by Judge Cannon is another withering rebuke of Special Counsel Jack Smith.

While she grants for now his request to keep names of potential government witnesses under seal, she takes shot after shot at him.

Here is how she describes his case: Important to remember Cannon has seen all the evidence including the 32 "national defense information" files. This isn't the first time she's hinted the case is garbage.

She calls BS on Smith's claims of threats/intimidation of witnesses. She'll keep names sealed for now but wants general descriptions of the individuals (NARA Official 1, etc)

Clip 🧵

Judge Tom Hogan, Reagan appointee on the DC district court, went on inactive status late last year.

After that, he reached out to none other than Mary McCord to vent about J6 and Trump. McCord hosted Hogan at Georgetown a few months ago.

What he said is stunning--and representative of the mindset of nearly all of his colleagues on the DC bench: Hogan lied about police fatalities tied to Jan 6 and what happened to Ofc Brian Sicknick.

Keep in mind--Hogan was reversed by the appellate court for locking up under pretrial detention one of two men accused of spraying Sicknick with pepper spray. George Tanios spent 5+ months in the DC gulag before he was released on appeal.

After holding the other man, Julian Khater, behind bars for 18 months until Khater was tormented into taking a plea for assaulting officers.

Hogan allowed Sicknick's ex girlfriend to enter a "victim impact" statement then sentenced Khater to 80 month in federal prison.

Reading Jack Smith's response on jury instructions and it's clear that the gloves are off btw DOJ and Judge Cannon.

One defense attorney just told me: "The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench." Jack Smith's response is hysterical (and not in a funny way in a desperate way) bc he knows he has little control over her decision related to final jury instructions.

And he is arguing the basis for Trump's "unauthorized possession" of national defense material rests on Obama exec order not the Presidential Records Act.

So everyone who cried for months that "DRUMPF BROKE THE PRA!" can sit down. Jack Smith says PRA now has nothing to do with the case.

Also reminder of the bait and switch here. NARA sought files based on the claims Trump was violating the PRA. He produced 15 boxes of papers. NARA then claimed they found records with "classified markings" and sent a criminal referral (1st time ever) to FBI.

FBI promptly opened investigation. FBI sent a subpoena to Trump in May 2022 seeking more records with "classified markings." They turned over 38 more files.

Then in August, FBI sought search warrant seeking "national defense information." Reminder too we have not seen full unredacted application for search warrant.

Did DOJ seek warrant under the PRA or the Espionage Act or Obama's Exec Order or....what?

Add Judge Tim Kelly (Trump appointee and one of the worst on the DC bench) to list of judges threatening to add other enhancements to remaining convictions if 1512c2 is reversed.

This is his threat during a Jan 2024 sentencing for Gilbert Fonticoba, who went inside the building for 3 minutes. In a stipulated bench trial, Kelly found him guilty of 1512c2 and civil disorder.

Defense lawyer arguing against DOJs 62 month prison sentence recommendation based on SCOTUS review of 1512c2.

Here is what Judge Tim Kelly--who will be at the top of the list of any judiciary review of J6--said. "Vary upward" means add time to sentence. Judge Kelly, who sentenced Enrique Tarrio to 22 years, is not just a stammering moron in court he is a moron period.

Kelly--who worked for Sen. Grassley and was Federalist Society approved--JUST SAID the impact of Jan 6 in DC is worse than criminals who rob Walgreens

IMPEACH