Capitalism=opportunity. Helping clients help economy. US Naval Academy grad. Admitted to MD, DC, SC bars & various courts. Followed by important people.
Breaking: Trump's attorneys made a series of powerful court filings today that slam Biden DOJ for filing charges that:
* violate the First Amendment
* falsely allege violations of federal laws
* include irrelevant political smears.
The Trump team also alleges vindictive and selective prosecution and asks for a court hearing on the Special Counsel's abuses in that regard.
In sum, Judge Chutkan would have to throw out the US Constitution and Supreme Court precedent in order to allow this case to proceed.
Re the Meadows' removal motion in federal court in Atlanta yesterday:
What everyone needs to keep in mind here is the standard that is applicable -- the purpose of the hearing yesterday was not to prove or disprove the the factual issues that were the main point of contention.
Meadows only has to prove that he has a colorable defense he can raise at trial that his actions were part of his federal job duties. The only standard he must get past is that the claim is not frivolous.
The issue raised by him will later be a basis for both a claim of immunity in a motion to dismiss, or a factual affirmative defense raised at trial if it gets that far.
The only question before the Court is whether -- based on the existence of such a colorable defense -- the trial must take place in federal court rather than state court.
Why are the Dems and the lefty Legal Beagles so distraught over the possibility this case will end up in federal court? It will be the same indictment, still prosecuted by the Fulton Count yDA.
The reason the lefty Legal Beagles are desperate for this to not go to federal court is because they know that even if the district court judge does not grant a motion to dismiss based on immunity, that would be immediately appealable to the 11th Circuit, and Willis will likely lose there -- before any trial of Trump in DC.
Also -- as has been briefly mentioned in various places, after being raised by @McAdooGordon -- when Meadows takes the immunity issue to the 11th Circuit, Trump will do so as well.
What the 11th Circuit does re a claim of Presidential Immunity made by Trump -- if they uphold it and dismiss the Georgia case -- will create GREAT DIFFICULTY for Jack Smith in DC. The 11th Cir. ruling will not be binding on the Judge in DC, but Trump is going to make a Presidential Immunity claim in the DC case and when it is denied he's going to take that to the DC CIr.
If the 11th Cir. has already ruled in his favor -- and this will come long before next March -- Trump will then seek to bypass the DC Cir. after filing there by seeking "Cert before Judgment." Then both the 11th Cir and DC cases would be before SCOTUS at the same time.
Lawfare can be waged in both directions.
If you've seen this before, I apologize for bombarding you with it. I represent 25 defendants charged in connection with Jan. 6. I'm doing the work largely at no cost to my clients, and am almost completely funded by donations to the January 6 Legal Defense Fund.
I have 4 trials upcoming, so that is four trips to DC and four weeks or more in hotel rooms.
We have a GiveSendGo site where donations can be made. My clients cannot afford to hire attorneys to defend them, so I'm providing an opportunity for them to hire someone -- me -- with 30+ years of federal criminal trial practice, including 21 years as a federal prosecutor. Information about all the cases - client names, case numbers, and recent events are all updated regularly on the GiveSendGo site.
If you are able and interested in doing so, you can make donations here:
https://t.co/nWQw2zsf9t
So, giving legal advice to my clients will put me in personal jeopardy if @faniforDa jurisprudence holds up? Must have missed that in law school.
#attorneyclientprivilege
Attending Texas Bar CLE litigation conference. Although it was changed a few weeks ago to virtual from in-person, so far it's very informative and running smoothly. Thank you, Texas Bar, from South Carolina. #TBCLE
Check out my latest article: “Discretionary” Institution Of Inter Partes Review Petitions Will Almost Always Be Granted by the Patent Trial and Appeal Board https://t.co/hl3kRUOadN via @LinkedIn
Check out my latest article: “Discretionary” Institution Of Inter Partes Review Petitions Will Almost Always Be Granted by the Patent Trial and Appeal Board
#patent#litigation#IPR https://t.co/hl3kRUOadN via @LinkedIn
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