Judge Tanya Chutkan ordered that Jack Smith file a brief on September 26th disclosing all of Donald Trump's acts on and around January 6th so she can litigate which of Trump's crimes and acts might be official presidential acts and which are not. And there was a remarkable statement made by Trump's attorney at the court hearing that Justice Clarence Thomas "directed" them to raise the issue of the legality of the appointment of special counsel and "suggested" they do it immediately. If this is true, investigations are necessary.
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Have you ever covered a carpet stain with a rug? Ignored a leaky faucet? Pretended your half-painted living room is supposed to look like that. Well, you're not alone. We've all got unfinished home projects, but there's an easier way. Thumbtack is the app that makes it easier to care for your home. Pull out your phone and in just a few taps. Search, chat, and book highly rated pros right in your neighborhood. Download Thumbtack and start caring for your home the easier way. It's time for Justice Matters with former federal prosecutor and MSNBC analyst, Plan Kirschner. DC District Court Judge Tanya Chutkin has ordered special counsel Jack Smith to file a brief that explains all of Donald Trump's crimes surrounding January 6th so she can decide which of his actions may be subject to immunity. Here's Gwen with details. So friends, I was in court in DC yesterday in Donald Trump's election subversion case. And I want to start today with the main and most important issue that was discussed, debated, litigated, and resolved by Judge Chutkin. And then I want us to go to the transcript of yesterday's hearing and look at a strange and remarkable discussion regarding two things. One, quote, that Florida judge, close quote, apparently whose name shall not be mentioned in court. And two, everybody's least favorite and most corrupt Supreme Court Justice, Clarence Thomas. But let's start with the new reporting, this from the Washington Post. Headline, judge, US can lay out Trump election interference evidence this month. And that article begins, a federal judge called Thursday for prosecutors and defense attorneys to file significant legal briefs in Donald Trump's 2020 election subversion case before voters head to the ballot box in November, rejecting the former president's request to move at a slower pace. Let me translate that. Donald Trump's lawyers asking to move at a slower pace. Donald Trump's lawyer in court yesterday, over and over again, begged, pleaded with the judge, don't let the prosecutors disclose any evidence of Donald Trump's January 6 crimes before the election. Move at a slower pace. They want to keep that deeply damaging evidence buried, hidden, secreted from the American people, from the American voters, before we all have to go to the polls, yeah, a slower pace. The article continues. After a teste one-hour hearing in federal court in DC, US District Judge Tanya Chutkin granted a proposal by special counsel Jack Smith's office to make its case about the limits of Trump's immunity by September 26, with other filings due in the weeks that follow. Her Judge Chutkin's scheduling order offers the first glimpse into how the case will proceed after the Supreme Court ruled that presidents cannot be prosecuted for their official conduct, upending the Trump prosecution, and forcing special counsel to seek a superseding indictment. Chutkin's decision gives the government the prosecutors an opportunity to lay out new evidence against Trump, though how much, if at all, they will choose to reveal in the run-up to the election, remains to be seen. In court, Trump defense attorney John Laro had sparred with Chutkin over the schedule, arguing that the next two months is a very sensitive time. Before Republican nominee Trump faces the Democratic nominee, Vice President Kamala Harris, at the polls-- this quote from Judge Chutkin-- quote, "It strikes me that what you're trying to do is affect the presentation of evidence in this case in a way so as to not impinge on the election of a president," Chutkin told Laro after the Trump lawyer objected to an order that would let prosecutors make their case. First, quote, "This court is not concerned with the electoral schedule." So friends, Judge Chutkin rejected Trump's lawyers' attempts to keep all this evidence hidden from public view until after the election, which had nothing to do with the litigation of the issues in this case. This was a political argument from Trump's lawyers masquerading as a legal argument. And Judge Chutkin saw right through it and rejected it. And then after the hearing, Judge Chutkin issued a two-page scheduling order. And there's really only one line in the scheduling order that we need to focus on. The government, the prosecutors, shall file an opening brief on presidential immunity by September 26, 2024. And that opening brief, which will be filed on September 26, will lay out all of Donald Trump's crimes and acts. And the brief will argue that those crimes, those acts, are not official presidential duties or conduct. They were the acts of a candidate, and frankly, a criminal desperate to disregard the expressed will of the voters and unlawfully retain the power of the presidency. And those acts are not entitled to immunity. Donald Trump can and must be prosecuted for those crimes. [MUSIC PLAYING] Coming up after the break, Glenn was in court when Judge Chutkin mentioned Florida Judge Eileen Cannon and Supreme Court Justice Clarence Thomas. He talks about that next on Justice Matters. OK, it's time to commit. 2024 is the year for prioritizing yourself. Begin your new smile journey with bite, and you could start seeing results in just two to three weeks. Just order your at-home impression kit today for only $14.95 at Bite.com. Bite clear liners are doctor-directed and delivered to your door. Treatment costs thousands less than braces, plus they offer financing options, except eligible insurance. And you could pay with your HSA, FSA. Get 80% off your impression kit when you use code Wondery at Bite.com. That's B-Y-T-E.com. Start your confidence journey today with Bite. Hey, Prime Members. Have you heard? You can listen to your favorite podcasts ad-free. Good news. With Amazon Music, you have access to the largest catalog of ad-free top podcasts included with your Prime membership. To start listening, download the Amazon Music App for free or go to amazon.com/adfreepodcast. That's amazon.com/adfreepodcast to catch up on the latest episodes without the ads. [MUSIC PLAYING] Hey, everybody. It's Michael Steele, host of the Michael Steele podcast. Each week, I discuss key political and cultural issues joined by America's leading activists, experts, and academics for conversations that transcend political boundaries. And that's the point. I want you to join me as we work through real solutions, have honest conversations, just keeping it real, and having a little fun on the side. So listen to the Michael Steele podcast on Spotify, Apple podcast, Spreaker, or wherever you get your podcasts on, because you know I love it when you do. [MUSIC PLAYING] Glenn was in court to witness a remarkable exchange between Trump's attorney and Judge Chetkin. Here's Glenn with the transcript. OK, friends, let's finish up with what was a really bizarre exchange between Judge Chetkin and Trump's lead criminal defense attorney, John Laurel, regarding that Florida judge. We all know they were talking about Judge Aileen Cannon, but apparently nobody was willing to utter her name in open court yesterday. But they talked about Judge Cannon and her ruling regarding special counsel. We'll get there in a minute. And then Supreme Court Justice Clarence Thomas made an appearance in yesterday's hearing. So let me set this up before we look at just a brief portion of the transcript from yesterday's hearing. Every court in the land, including the Supreme Court that has ruled on the issue of whether special counsel is actually a thing, is lawful, is constitutional. Every court has ruled, yeah, special counsel is lawful, including the Supreme Court years ago, including the DC Federal Circuit Court of Appeals. And importantly, that's the appeals court in DC that sits atop the trial courts in DC, like Judge Tanya Chetkin. She is duty bound to apply that controlling precedent from her appeals court, saying special counsel is a thing. It's lawful. So she's bound by that. And the Supreme Court ruled that way as well. But enter that Florida judge, Judge Aileen Cannon, who after Clarence Thomas wrote a little note in a separate concurring opinion in the presidential immunity case saying, I don't think special counsel's a thing. Hey, Judge Cannon, why don't you throw the case out on that basis? That's not exactly what he said, but that sure was the message Clarence Thomas communicated. And mind you, a little judicial doodle like that, a separate concurring opinion in a case that otherwise has nothing to do with whether special counsel is lawful, is not precedent. It's not a thing. It's nothing. It's judicial nonsense by a compromise Supreme Court justice. So against that backdrop, let's turn to yesterday's transcript to see how it is that Florida court judge and Clarence Thomas made appearances in the discussion in yesterday's Trump case. Trump's lawyer, John Laurel, says the following to Judge Chuckin. Justice Thomas wrote a very persuasive concurrence that suggested that the special counsel does not have authority. And in addition, another judge, a very respected judge in the Southern District of Florida, wrote a decision dismissing the special counsel's case on appointments clause basis and also on appropriations. And it is a critical issue that now has to be decided by the court in light of Justice Thomas' interest in the issue and also in light of what the judge decided in the Southern District of Florida. So apparently Judge Aileen Cannon is now like Voldemort, she whose name shall not be mentioned. Well, Judge Chuckin does away with John Laurel's arguments about special counsel pretty quickly. So you have dicta, meaning non-binding ruminations of a judge. You have dicta in a concurrence written by Justice Thomas. And you have an opinion filed by another district judge in another circuit, which frankly, this court doesn't find particularly persuasive. But apparently undeterred that Judge Chuckin is having none of this ridiculous argument about special counsel, Trump's lawyer then makes this remarkable statement. Justice Thomas in effect directed us to raise this issue and suggested that we do it immediately in light of his view in that concurrence. And I can tell you, friends, I think everybody in the courtroom was taken aback by that statement, by that representation by Trump's lawyers, including it seems Judge Chuckin. Because here's what she said in response to Trump's lawyer saying that a Supreme Court Justice directed them to raise the issue and suggested that they do it immediately. Judge Chuckin said he directed you to do that. And then Trump's lawyer begins the back track. Well, I shouldn't say he absolutely said, you know, do it. But when you read that opinion, it's absolutely clear that that's something that we have to do now to preserve the issue. And Judge Chuckin says, well, I certainly don't read the opinion that way. Well, friends, I would sure like to know if Supreme Court Justice Clarence Thomas, quote, directed Donald Trump's lawyers to raise the issue, end quote, suggested they do it immediately. Because if he did, that would be improper, unethical, conspiratorial, even. And I know everybody would be shocked to find that Supreme Court Justice Clarence Thomas did something improper, unethical, or conspiratorial. Well, friends, stay tuned. Because on September 26, at long last, we will see at least some, if not most, of the evidence of Donald Trump's crimes on and around January 6 to try to unlawfully retain the power of the presidency. Yes, that's right. The American people, the voters, will get to see for themselves what Donald Trump did. And that is pretty darn important as we approach another presidential election. Because justice matters. Friends, as always, please stay safe. Please stay tuned. And I look forward to talking with you all again tomorrow. For more on Glenn, go to Glenn Kirschner2 on Twitter, Facebook, Instagram, and YouTube. This is Justice Matters. [MUSIC PLAYING]
