Episode 56 | Show Me The Dicta

This week, Trump filed his opposition to Jack Smith’s SCOTUS petition in the immunity case, and the Supreme Court has denied that petition to grant certiorari before judgment.

Meanwhile, the DC Circuit Court of Appeals has granted Jack Smith’s request for an expedited appeal. Also, Trump has asked for a hearing in front of the full DC Circuit court panel on his appeal of Judge Chutkan’s limited gag order. Even though the DC trial has been stayed, Jack Smith filed his exhibit list and discovery with Trump’s lawyers, who refused to accept it.

There’s another perfect Trump call, this time with Michigan canvassers in November of 2020. A newly unsealed court filing shows Jack Smith was looking at obstruction and false statements charges for Jeffrey Clark and John Eastman. Another federal judge has ordered Rep. Scott Perry to hand over communications to Jack Smith.

In Florida, we have Jack Smith’s motion and Trump’s opposition to a jury questionnaire and filings on whether CIPA Section 4 should be ex parte and whether classified documents should go to Nauta and de Oliviera.
Plus, we have some great listener questions.

Good to know:
Rule 403b
https://www.law.cornell.edu/rules/fre/rule_403
18 U.S. Code § 1512
https://www.law.cornell.edu/uscode/text/18/1512

Brian Greer’s Quick Guide to CIPA
https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

Prior Restraint
Prior Restraint | Wex | US Law | LII / Legal Information Institute

Brady Rule | US Law |Cornell Law School | Legal Information Institute
https://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guilt

Jencks Material | Thomson Reuters Practical Law Glossary
https://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)

Statutes:
18 U.S.C. § 241 | Conspiracy Against Rights
18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice
18 U.S.C. § 1512 | Tampering With Victims, Witnesses, Or Informants

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