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The Trump Riot Aftermath (Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracy. Proud Boys join the club)


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Group of Oath Keepers Has Come ‘Nowhere Close’ to Presenting a Valid Jan. 6 Entrapment Defense, Federal Judge Says

 

A federal judge played the role of law professor on Monday in a series of sharp exchanges with lawyers for members of a right-wing extremist group charged with seditious conspiracy in the Jan. 6 attack at the U.S. Capitol.

 

U.S. District Judge Amit Mehta, in an hours-long hearing Monday, was ruling on several motions ahead of an anticipated Sept. 27 trial date. One of those motions was a request from the government for an order precluding the defendants from making certain defenses, including the so-called “public authority” defense and a defense of entrapment by estoppel.

 

The public authority defense can be asserted by someone with an “actual or believed exercise of public authority on behalf of a law enforcement agency or federal intelligence agency at the time of the alleged defense.” An entrapment-by-estoppel defense would allow a defendant to claim they were told by law enforcement that their actions were lawful when they were, in fact, not.

 

Juli Haller, a one-time “Kraken” lawyer who was part of the effort to overturn Joe Biden‘s victory over Donald Trump in the 2020 presidential election, told Mehta on Tuesday that she intends to assert an entrapment by estoppel defense on behalf of her client Kelly Meggs.

 

Haller had briefly mentioned that she believed that Trump’s Dec. 19 “will be wild” tweet, to which her client apparently responded on social media, “does implicate estoppel.”

 

“Ms. Haller, that’s sort of a drive-by,” Mehta said. “I don’t know what you mean.”

 

Haller elaborated by saying that she didn’t want to have a “blanket waiver” of the public authority defense.

 

“How is a tweet that says ‘Come to the Capitol on Jan. 6, it’s going to be wild,’ how does that provide the foundation of a public authority defense?” Mehta asked.

 

Haller said that the defense rests on an “equitable argument” that a person in a position of authority or law enforcement wrongfully “leads someone to do something ‘criminal,'” such as crossing a barrier.

 

“That’s not entrapment by estoppel, that’s lack of knowledge that you weren’t supposed to be there,” Mehta responded.

 

“That would be reliance on the lack of notice,” Haller replied.

 

“That’s not entrapment by estoppel,” Mehta reiterated, adding that an example of entrapment by estoppel would involve a police officer directing someone to go somewhere prohibited and then arresting them.

 

After some more elaboration from Haller, Mehta said that she was far from proving that she had a good foundation to assert the defense.

 

“The only thing you’ve told me so far is you’re going to rely on a tweet and Mr. Meggs’ response to that tweet, which comes nowhere close [to establishing the defense],” Mehta said. “Not under any conception of the law does it come close.”

 

Click on the link for the full article

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A photo shared by the DOJ shows Trump kept a framed copy of an unflattering Time-magazine cover at his Mar-a-Lago home

 

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The DOJ released a photo from the Mar-a-Lago raid showing top-secret documents strewn on the floor.


In a corner of the photo appeared to be a framed Time-magazine cover from 2019.


It shows Trump's enemies peering at him from outside the Oval Office, with the words "knock, knock."

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3 hours ago, Larry said:

Thinking more on this?  
 

What I'm rooting for, now?  Is if Trump burns everything down, when he goes. 
 

Probably not very likely. 
 

For example. Do you really think Mitch McConnell was dumb enough to give Trump something that was a threat to Mitch?  You think Ted Cruz was?  Or Tucker?  
 

Maybe Trump has something on them, in the form of some classified intel. But that's the only way I see that happening. 
 

No, what's more likely is that his rage will manifest as tweets from a toilet, where Trump calls them some junior high names. Maybe insults their wives. 
 


Oh, I figured the big hole in the "Trump promises to STFU, in exchange for no jail" scenario, is that it would require the DOJ to accept a future promise, from Trump. 

Tя☭mp could instead rant and rave about how the Grand Oligarch’s Party RINOs sold him down the river in a bid to keep his voters away from the polls. While he'd almost certainly be successful with that, I doubt that's the way it plays out. What's more likely I think, is that he threatens to do that and the Grand Oligarch’s Party RINOs get him to endorse DeathSantis in exchange for a promise of making the DOJ investigations go away or a pardon. The latter is most likely IMO because it keeps him on a leash until well after the next presidential election.

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4 hours ago, tshile said:

When posed this idea a few weeks ago, or whenever, @PleaseBlitzwas adamant that’s not how the DOJ works, and that doing this would make a non-political issue (for the DOJ) political etc


Okay, fine.  He’s getting indicted and going to jail.  He’s also going to bring the entire Republican Party down in the process and I for one am HERE FOR IT.

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1 hour ago, China said:

JUST IN: DOJ Reportedly Isn’t Likely to Reveal Any Trump Charges Until After Election

 

If former President Donald Trump ends up facing charges from the Department of Justice, they are unlikely to be revealed before the midterm elections, according to a new report.

 

Bloomberg reported on Wednesday, citing people familiar with the investigation into Trump allegedly holding onto classified documents, that an announcement of potential charges would likely happen after the election. It’s not entirely surprising as department policy bars prosecutors from filing charges that could affect an election or be seen as benefitting one particular party or candidate within 60 days.

 

From Bloomberg:

 

 

Click on the link for the full article

 

I guess this answers my question as to when, if they have so much slam dunk evidence, are they planning to file charges,

 

Before I said December. Maybe we'll have a really Happy Thanksgiving!

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Ted Cruz is definitely not dumb. He just recognizes that with his party’s base, he has to say stupid **** to win elections.

 

And I’m calling bull**** on the Trump is done stuff. Seen this play out too many times and it always happens the same way. There is a percentage of voters who absolutely do not care what he does and will believe any bull**** that he says. That percentage is large enough to swing an election for a large number of Republican politicians. There are a bunch of asshole republican politicians who are willing to **** over our country in order to get elected. 

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If Trump can de-classify documents by his mind, than Biden re-classified them a second after inauguratuon. 

 

That is how stupid the argument is that he de-classified them.  

 

I am just so fed up with how insulting to my intelligence all of this is.  Even the DOJ/FBI not taking action prior to an election.  Yeah... we'll just ignore 2016.

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6 minutes ago, TradeTheBeal! said:

If Ted Cruz gets elected President, I’ll be expatriated to Bahamas within days.

 

Smart as hell.  Completely amoral.  And his father was an OG end-times preacher.

 

Hard pass.

 

He'd never win their nomination. He's a national single digit runner up from now on. 

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38 minutes ago, Sacks 'n' Stuff said:

That’s some low hanging fruit.

I think a lot of you mistakenly use stupid for some of these people simply because you despise them. 
 

part of the reason trump didn’t do more is because he was bad at wielding the power he had. Others would do a better job 

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6 minutes ago, tshile said:

I think a lot of you mistakenly use stupid for some of these people simply because you despise them. 
 

part of the reason trump didn’t do more is because he was bad at wielding the power he had. Others would do a better job 

Not me. About five posts up I said that Ted Cruz is not stupid.

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Trump tells court that classified material should have been expected in presidential records found at Mar-a-Lago

 

Former President Donald Trump argued in a court filing Wednesday that the National Archives should have expected to find classified material among the 15 boxes Trump turned over in January from Mar-a-Lago because they were presidential records.

 

The filing, his closing written legal argument before a critical hearing Thursday, acknowledged that classified material was found at Mar-a-Lago, but argued that it should not have been cause for alarm -- and should not have led to the search of Trump's Florida residence earlier this month.

 

Trump's new filing on Wednesday is his platform to formally respond to prosecutors' assertions that members of his legal team engaged in "obstructive conduct" by concealing documents at his Florida resort and by providing untrue information to investigators about how many classified documents remained on site.


Painting the probe as politically charged given Trump's potential run as a candidate 2024, he scoffed at the idea that the DOJ could be "entrusted with the responsibility of evaluating its unjustified pursuit of criminalizing a former President's possession of personal and Presidential records in a secure setting."

 

"The purported justification for the initiation of this criminal probe was the alleged discovery of sensitive information contained within the 15 boxes of Presidential records," Trump's lawyers wrote. "But this 'discovery' was to be fully anticipated given the very nature of Presidential records. Simply put, the notion that Presidential records would contain sensitive information should have never been cause for alarm."


Trump's lawyers argue that under the Presidential Records Act, the Archives should have followed up with a good faith effort to secure recovery of presidential records, rather than referring a criminal probe to the Justice Department.

 

Click on the link for the full article

 

Trump and his lawyers must live in an alternate universe, as their statements have no basis in reality.

 

 

You can read the full Trump team response HERE

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8 minutes ago, China said:

Trump tells court that classified material should have been expected in presidential records found at Mar-a-Lago

 

Former President Donald Trump argued in a court filing Wednesday that the National Archives should have expected to find classified material among the 15 boxes Trump turned over in January from Mar-a-Lago because...

...he's a Russian asset.

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I notice Christina Bobb (the lawyer that signed the false statement that all classified material had been handed over) is not one of the authors/signatories of the Trump team response.  Methinks she's no longer on the team and is busy searching for her own lawyer to defend her on obstruction charges.

 

 

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