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LetMyPeopleVote's Journal
LetMyPeopleVote's Journal
February 19, 2023

MAGA: Make Attorneys Get Attorneys--The Fates Of The Trump Legal Team

This will be fun to watch

A remarkable thing is happening before Special Counsel Jack Smith’s federal grand jury investigating the removal and mishandling of classified and other highly sensitive documents by Trump and his aides.

Three of Trump’s attorneys, who were assisting him by gathering documents, interfacing with investigators, and making representations about the non-existence of further documents, have now appeared to testify before it.

Christina Bobb, who signed a now infamous affidavit claiming there were no further documents at Mar-a-Lago responsive to the government’s subpoena;
Evan Corcoran, the lawyer who supposedly performed the search and drafted the affidavit but had Bobb sign it; and most recently
Alina Habba, who was recently ordered, along with her client Donald Trump, to pay nearly $1 million in sanctions for filing a frivolous lawsuit against Hillary Clinton and other former officials.
Three Trump lawyers.

They join a long list of Trump lawyers who faced repercussions after working with Trump. How should we consider this development and what happens next?

Let’s take another dive into the world of attorney-client privilege and an important concept related to it called the “crime-fraud” exception.

Then just for yucks, let’s apply what facts and precedent we already have and take a stab at whether Smith likely will prevail.

Lawyers are almost never witnesses.
Lawyers serve a vital and special role in our adversarial judicial system. Clients should be able to talk to their lawyers candidly and confidentially so they can receive sound legal advice and prepare for their cases accordingly.

That’s why the idea of having your lawyer, to whom you have likely spilled your guts, come in and testify against you seems almost shocking. If it happened frequently, no one would feel comfortable talking to their attorneys, and our justice system would grind to a halt.

That’s why to even call one of the defendant’s lawyers as a fact witness for the prosecution is a gutsy and rare move. To bring three of them in is nearly unheard of.
February 19, 2023

FACT SHEET: Biden-⁠Harris Administration Deploys Additional Federal Resources to East Palestine, Ohi


The Biden-Harris Administration has mobilized a robust, multi-agency effort to support the people of East Palestine, Ohio.

Within hours of the Norfolk Southern train derailment, the Environmental Protection Agency (EPA) deployed a team to East Palestine to support state and local emergency and environmental response efforts. The Department of Transportation (DOT) also arrived on scene to investigate what led to the derailment. The Federal Emergency Management Agency (FEMA) has been closely coordinating with the emergency operations center, Ohio Emergency Management Agency, and Federal partners.

As President Biden told Ohio Governor Mike DeWine and Pennsylvania Governor Josh Shapiro soon after the derailment, the Federal Government stands ready to provide any additional federal assistance the states may need. Today, in response to Governor DeWine’s and the Ohio congressional delegation’s request on February 16 for additional federal public health support, the Department of Health and Human Services (HHS) and Centers for Disease Control and Prevention (CDC) announced they are deploying a team of medical personnel and toxicologists to conduct public health testing and assessments. The team will support Federal, state, and local officials already on the ground to evaluate individuals who were exposed or potentially exposed to chemicals and help ensure timely communications to the public.

The Biden-Harris Administration is committed to supporting the people of East Palestine every step of the way, and holding Norfolk Southern accountable. Each Federal agency is playing its unique role in this task, including:

Environmental Protection Agency

EPA personnel arrived on site before dawn on February 4 to support state and local officials who are leading the emergency response efforts. There are dozens of EPA personnel on the ground, including multiple EPA on-scene coordinators, agency scientists, and regional teams, that are tasked with:

......Securing Norfolk Southern Commitment to Cover Clean Up Costs. On February 10, the EPA issued a letter to Norfolk Southern requiring the railroad to document the release of hazardous contaminants. The letter also outlines cleanup actions at the site and EPA’s authority under the law to hold them accountable.

Holding Norfolk Southern Accountable for Clean Up. The EPA is coordinating the oversight of Norfolk Southern’s soil remediation of the derailment site. The remediation includes testing of the soils within and immediately surrounding the impacted areas. Results of the testing are evaluated by EPA and OH EPA to determine a strategy to ensure the site is cleaned up to meet federal and state regulations.

February 19, 2023

Will President Biden visit Ukraine?

The administration is being very careful about denying plans for President Biden to visit Ukraine. It is my belief that President Biden will make a side trip to Ukraine and we will find out about this side trip after he is back in Poland

February 19, 2023

Trump spent $600,000 to be told he's wrong about voter fraud

This study will be used against TFG to prove that TFG knew that he lost the election


According to The Washington Post, the Trump campaign commissioned an outside firm to try to substantiate the claims of widespread fraud Trump was peddling. Employees of Berkeley Research Group, you may be shocked to learn, discovered no irregularities that would have swung the election.

The research got shoved into a drawer rather than released, either to the public or in court filings, including the campaign’s last-ditch bid to the Supreme Court. That fits neatly with how much Trump had already gained at that point from insisting that the election had been stolen. But unfortunately for him and his enablers, their continued efforts to defraud the American people makes criminal charges all the more likely.

In late November 2020, Berkeley Research Group was brought in “to study 2020 election results in six states, looking for fraud and irregularities to highlight in public and in the courts,” the Post reported. “Among the areas examined were voter machine malfunctions, instances of dead people voting and any evidence that could help Trump show he won.” The findings from the roughly dozen researchers were reportedly shared with Trump, then-White House chief of staff Mark Meadows and others in a December 2020 conference call. Rather than bow to the evidence, Meadows “showed skepticism” of the firm’s conclusions, the Post reported, and Trump and his team did nothing to slow their deluge of efforts to overturn the election.

In the process, the Berkeley subsidiary contracted for the project got paid over $600,000 for its work, labeled “recount: legal consulting” in related Federal Election Commission filings. That’s a lot of money — but a drop in the bucket compared to how much Trump had already made pushing the lie to his supporters. The blitz of fundraising appeals that went out in the month after Election Day drew in $207.5 million from donors. His leadership PAC alone raked in around $31 million from Nov. 24 to Dec. 31.

It’s honestly incredible that over two years later we’re still learning the myriad ways Trump and his advisers were aware that his claims of fraud were fabricated. Just this month, The Associated Press published tapes of Trump campaign staffers in Wisconsin acknowledging defeat but still preparing, in the words of Trump’s lead operative in the state, to “fan the flame and get the word out about Democrats trying to steal this election.”.....

The biggest potential layup for special counsel Jack Smith continues to be charges related to the classified documents discovered at Mar-a-Lago and the subsequent lies and obstruction Trump undertook to cover up his hoarding. But the Berkeley Research Group’s report could show the intent required to prosecute Trump, his campaign staff or both for ripping off the American people. Like many of the charges Smith could bring, it would be nearly unprecedented, especially against a former president and current candidate — but just because it would be a heavy lift doesn’t mean he shouldn’t try.

I was part of the Clinton Victory Counsel team that reviewed 7,000 or so lawsuits involving TFG and his entities. TFG does not pay his bills and paying for this study must have pissed off TFG
February 19, 2023

Election 1976: such a different world

I voted for President Carter in the 1976 election. It was the first election that I was eligible to vote. The electoral map is very different compared to today's map.

February 18, 2023

Tucker Carlson's 2020 text to his producer could be costly to Fox News. (via Deadline: Legal Blog)

I am enjoying the new Deadline White House legal blog

It’s not just Georgia grand jurors this week who rejected the lie that the 2020 election was stolen from Donald Trump.

We learned from an explosive legal filing made public on Thursday that evidence suggests top Fox News hosts and executives didn’t believe it, either.

Yet, as the brief from voting equipment company Dominion Voting Systems in its multibillion-dollar defamation case against Fox News argues, the network still promoted false claims of election fraud, with conspiracy theories that Dominion machines were somehow used to steal the election from Trump. It’s worth reading the lengthy filing in its entirety, which begins by citing a communication from host Tucker Carlson to his producer in November 2020 that bluntly states, referring to a top election denier and MAGA lawyer, “Sidney Powell is lying.” It gets crazier from there.

Dominion’s brief was filed in the Delaware Superior Court last month in support of its motion for summary judgment. That is, the company is arguing that its liability claims against Fox News are so strong that it should win even before trial. Dominion’s lawyers concede that it’s unusual to go for that argument in a defamation case, given the plaintiffs’ heavy burden. They note that plaintiffs usually have to show actual malice — that defendants knew or recklessly disregarded the truth — by inference, because it’s rare to find direct evidence of a defendant knowingly pushing false information.

But this case is different, Dominion argues, alleging in the brief that there is extensive direct evidence against Fox that the network kept airing unhinged election claims while knowing better. That’s one of the points that leads the voting company to argue that a trial isn't needed for Dominion to win, because the company says “no reasonable juror could find in Fox’s favor.”

Tucker was evidently deposed in this case and this quote will be used in the trial
February 18, 2023

Trump seeks to have 'Access Hollywood' tape barred from defamation trial

This motion in limine should fail


Lawyers for Donald Trump are seeking to bar the "Access Hollywood" tape, which prompted widespread condemnation during the 2016 presidential campaign, from being used in an upcoming defamation trial brought by a writer who alleges Trump raped her.

In a court filing Thursday night, Trump’s attorneys urged the judge presiding over writer E. Jean Carroll’s lawsuit against the former president to ban the 2005 video of Trump speaking to Billy Bush, at the time an anchor for “Access Hollywood,” as “irrelevant and highly prejudicial.”

They further argued that the contents of the the tape “do not even tangentially relate to the core of [Carroll’s] claim” that Trump raped her in the changing room of a Manhattan department store in the mid-1990s and then lied about his actions when Carroll went public with her accusation.

Court filings from Carroll show Trump defending his “Access Hollywood” comments in a deposition he gave last October. Carroll’s attorney, Roberta Kaplan, has argued that Trump’s remarks in the 2005 video — which were caught on a hot mic and became public in the final weeks of the 2016 presidential campaign — help show that what allegedly happened to her client was not “an isolated act.”

In the video, Trump can be heard saying, “I’m automatically attracted to beautiful women — I just start kissing them, it’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything,” he said, including “grab ‘em by the p----.”

Here is the link to the motion in limine which is a fairly weak motion. https://www.documentcloud.org/documents/23685304-donald-trump-memorandum-of-law-in-support-of-motions-in-limine Alina Habba should go back to representing parking lots

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