Notes
Merry Christmas to all who celebrate, you filthy fuckaducks! Because the sleeping thing didn’t work out well for me, I’m back with my latest edition of developments in TFG’s criminal cases.
Late on 12/23, TFG filed his appellate brief with the 3-judge DC Court of Appeals panel that will be hearing his defenses of “absolute Presidential immunity” (API), as well as his bogus”double jeopardy” (DJ) defense. Some thoughts:
1. TFG’s attorneys definitely toned down the histrionics from his latest filings. Perhaps they realized that comparing Jack Smith to the “Grinch Who Sole Christmas” - from their 12/13 response in opposition to Smith’s motion for expedited briefing - didn’t go over so well, given that the panel granted Smith’s expedited briefing schedule THE SAME DAY.
2. TFG is still complaining that Judge Chutkan’s opinion was “hasty,” signaling they want the panel to take its sweet time. Even though TFG’s motion to dismiss (MTD) for API was filed on 10/5, was fully briefed by 10/26, and Chutkan’s opinion wasn’t issued until over a month later on 12/1. And in the meantime, TFG was stamping his tiny feet and begging for an immediate stay of trial proceedings BEFORE her opinion was issued. Ain’t no hypocrisy like TFG hypocrisy.
3. That said, they do make a relevant point that Chutkan’s ruling basically just said former Presidents don’t have API for criming in office, without specifically considering the crimes alleged. And that’s true, because TFG was arguing for limitless Presidential immunity from criminal prosecution below, which Chutkan rejected.
4. Now, TFG has amended his argument to claim that former Presidents have absolute immunity from crimes committed in office, if those crimes are within the “outer perimeters” of his official duties, inviting a more fact-specific examination by the appellate panel. Which is a fair strategy except that: (a) because these issues are being decided at the MTD stage, ALL FACTS ALLEGED IN THE INDICTMENT MUST BE ACCEPTED AS TRUE, and (b) the 12/1 Blassingame decision by a different 3-judge panel of the DC COA held on 12/1 that TFG’s actions as a Presidential candidate trying to retain office did NOT qualify as acts “within the outer perimeters of his official duties.”
5. The above should hold true no matter how much TFG tries to mischaracterize the facts alleged in his indictment, like “he just had some communications with his VP about his role in certifying electoral votes on J6.” Or, “he just had some conversations with state and local election officials about widespread allegations of fraud in the 2020 election.” (Who started those widespread fraud allegations, asshole?!)
6. The less I say about the DJ defense, the better. Suffice to say that acquittal by the Senate on different charges is a political matter, which in no way triggers double jeopardy.
7. One more thing - TFG’s brief cites to several dissenting opinions by Alito (who is wrong about everything, all the time), as well as a law review article from Kavenaugh. Those 2 - along with Thomas - may vote to delay proceedings by granting cert of the DC COA ruling. But, as I wrote on Saturday, I suspect that most of SCOTUS doesn’t want to touch this case with a 10-foot pole. If convicted, TFG can always appeal later based on the factual record developed at trial.
TFG’s 12/23 filing:
storage.courtlistener.com/recap/gov.usc…
My prior Note:
