Tuesday, 28 November 2023

Judge Chutkan hands Trump a significant defeat over classified documents

Federal Judge Tanya Chutkan rejected requests from Trump's lawyers for classified documents from the investigation brought on by the House committee.

"Vague description" of relevance

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"The broad scope of the records that Defendant seeks, and his vague description of their potential relevance, resemble less 'a good faith effort to obtain identified evidence' than they do a general 'fishing expedition' that attempts to use the [Rule 17(c) subpoena] as a discovery device," Chutkan wrote.

Judge's ruling

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Chutkan, overseeing the D.C. case against Trump, wrote in her ruling," According to the letters Defendant cites, however, the Select Committee did not actually send any material under most of those subcategories," Chutkan said in her decision." She continued, "As the Government notes, the Sauber and Meyer letters describe transmitting only written transcriptions of witness interviews, not any other records."

Trump's argument

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In October, Trump's lawyer wrote in a filing, "President Trump is fully entitled to seek the Missing Records by subpoena. It is also equally important to determine if these records have been lost, destroyed, or altered." Trump's legal team also asked to subpoena representative Barry Loudermilk, who said in August that he did not get everything the panel gathered. They also wanted to subpoena Bennie Thompson, a Democrat who led the panel, and several other government officials.

Thompson commented on alleged missing files

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Representative Thompson said the panel gave all the required records and added, "The Select Committee was not obligated to archive all video recordings of transcribed interviews or depositions." Trump and his supporters repeated there were allegedly missing records that led to numerous conspiracy theories.

The gag order arguments

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Trump is facing a potential reinstalment of a gag order in a NYC civil fraud case, with his team arguing that the former president is not responsible for other people's actions. Trump previously shared allegations against the judge's clerk, which led to harassment and threats "that have been transcribed into over 275 single-spaced pages." It led to NYC Judge Engoron's asking the FBI to get involved.

An appeals court temporarily lifted the gag orders

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Despite recently being lifted, the gag orders will be reconsidered after the latest discoveries. Charles Hollon, who works in the Public Safety Department's Judicial Threats Assessment Unit, confirmed, "The clerk's "personal information, including her personal cell phone number and personal email addresses, also have been compromised, resulting in daily doxing. She has been subjected to, daily, harassing, disparaging comments and antisemitic tropes."

The D.C. gag order is still on the table

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A federal appeals court heard arguments but has yet to announce the decision regarding the gag order in the alleged election interference case in D.C.

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source https://www.womenio.com/48829/judge-chutkan-hands-trump-a-significant-defeat-over-classified-documents

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