The first hearing in DC federal court in Donald Trump's 2020 election subversion case since the Supreme Court handed down its presidential immunity ruling has finally happened. Glenn was in court for the hearing and he discusses how Judge Tanya Chutkan would have none of the arguments of Trump's lawyer, John Lauro, who tried to convince her that she should not promptly litigate the very issue the Supreme Court directed her to promptly litigate, namely, which of Trump's crimes, acts, and conduct - constitute official presidential acts worthy of immunity and which do not. Glenn says: the hearing did no go well for Trump and his lawyers.
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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 Kurzmann. Donald Trump's 2020 election subversion case is finally back on track after months of delay thanks to the Supreme Court. Glenn was in the courtroom to watch the action live as it happened. - So friends, as you're well aware, Donald Trump tried to overturn the results of the 2020 presidential election, tried to deny Joe Biden his rightful election win. He tried to retain the power of the presidency unlawfully and unconstitutionally, and he was indicted. On four felony counts for the crimes he committed, but then, of course, he ran to the Supreme Court, his Supreme Court, at least the, you know, the radical right-wing justices, six of them, and he said, "Wait a minute, wait a minute. "A president of the United States "should have absolute immunity from being prosecuted "for the crimes he commits against the American people." And the Supreme Court largely agreed with Donald Trump, the radical right-wing bloc, and they said, "You know what? "For your official presidential acts, "we think you should have immunity. "You shouldn't be prosecuted for those crimes "you commit in violation of our nation's laws "and against the people of the United States. "But what we need the trial court to do, "trial court judge Tanya Chuck in the presiding judge, "what we need the trial court to do is hold a hearing, "look at all of your crimes, all of your conduct, "all of your acts, and decide "which ones were official presidential acts, "and which ones weren't, which were unofficial, "which were private, which were the acts of a candidate." And Judge Chutkin needs to litigate all of that, make rulings, and then send it back up to the Supreme Court because you know whatever Judge Chutkin rules will be appealed again to the Supreme Court. So today was the first day that the case was back in the trial court before Judge Chutkin to set a schedule and talk about the process. Okay, how are we going to go about litigating this issue? Judge Chutkin asked the parties, the prosecutor Jack Smith, and Donald Trump's criminal defense attorneys, the whole team of them headed up by John Loro. And the hearing started with the prosecutor, Thomas Windham, saying judge, really the only way that makes sense is we're going to file a brief that lays out all of Donald Trump's crimes, all of his conduct, all of his acts, all of it, not just a little bit that we've disclosed in the indictment, all of it that is thus far undisclosed, unrevealed. So you can decide which of the acts are official, which are unofficial, which should enjoy immunity and which clearly do not deserve immunity, and that's the way we propose. And by the way, the prosecutor said, we're prepared to file this brief with all of this information, including, as he said, we're going to disclose grand jury transcripts, interview transcripts, FBI 302s, which are written records of the interviews the FBI conducted, documentary evidence, and lots of other stuff that we're going to disclose to you and publicly, so we can litigate the issue. The Supreme Court told us to litigate and told you to decide. And we can file all that in about three weeks. By September 26th, Judge Chutkin, in essence, said that sounds wise and reasonable, a reasonable approach to litigating this issue, and then she turned to the defense and asked them, well, when do you want to litigate? And how do you want to litigate the issue of which of Donald Trump's crimes, which of his acts are official and which are not? And the defense in essence said, oh, we want to litigate that, never, but certainly not before the presidential election. And friends, it didn't take much for Judge Chutkin to tell the parties exactly what she thought about a proposal regarding how to proceed in a criminal case that somehow was tethered to an election cycle. And here is how that exchanged between John Lorrow and Judge Tanya Chutkin played out in court. John Lorrow, Donald Trump's lead criminal defense attorney, said to Judge Chutkin, it's not fair that they, the prosecutors, get to put in the public record this information, meaning all of the information about Donald Trump's crimes, his acts, his conduct, it's not fair, they get to put it in the public record at this very sensitive time in our nation, which prompted an audible response from Judge Chutkin along the lines of, ah, in other words, there it is, I understand what's going on here, and here is what Judge Chutkin said, an electoral calendar, the timing of an election is not relevant here, this court is not concerned with the electoral schedule, that is nothing I'm going to consider. And friends, this argument by Trump's attorney, John Lorrow, was really a political argument, masquerading as a legal argument. You know, he desperately does not want the prosecutor to be in a position to disclose any information to the public, to the American people, to the voters about the crimes and the conduct, the behavior of Donald Trump. So this litigation can proceed. Litigation that the Supreme Court directed Judge Chutkin to undertake. John Lorrow and by extension Donald Trump want to hide, want to bury, want to secrete that information from the American people and the voters, until after the election. And John Lorrow could tell that he was on the losing end of this argument, because Judge Chutkin had concluded, there's nothing unfair or inappropriate about the prosecutors providing to me in a public filing the information I need to litigate and resolve the exact issue the Supreme Court told me to litigate and resolve promptly. Fourth with, get it done. So no, we're not going to tie any schedule in this case to an election cycle, Mr. Lorrow. And that prompted John Lorrow to say the following. Judge, if you adopt special counsel's recommendation, in other words, letting them file this public document in late September revealing all this evidence about Donald Trump's crimes and conduct and behavior. If you allow this, it will be fundamental unfairness never before seen in a district court. Friends, doesn't that kind of sound like an unhinged two AM social media post from Donald Trump, as opposed to something an experienced lawyer would say in court? (upbeat music) - On the way next, Glenn tells us what Judge Chutkin concluded about the timing of Trump's federal January 6th litigation. This is Justice Matters. - Okay, 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 1495 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 at 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. - 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 activist 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, 'cause you know I love it when you do. (upbeat music) - Trump Attorney John Laro protested in court that prosecutors should not be allowed to reveal new evidence about what happened in and around January 6th. Glenn says he saw the judge's reaction, and it didn't go well for Trump. - So friends, Judge Chuckin went on to conclude that there's nothing unfair about how the government is proposing to proceed. And here's what she said. She said, I understand that prosecutors said they can file this public notice revealing all this information by September 26th in about three weeks. That sounds appropriate. So I will issue a scheduling order promptly as early as later today setting out the schedule. So now friends, we are just waiting to see what date Judge Chuckin sets for that public filing by the prosecutors that will tell us a lot, a whole lot about the crimes, the behavior, the conduct of Donald Trump on and around January 6th that was designed to try to steal the 2020 presidential election. I look forward to reading that public filing, that public document, because before we head to the polls, Donald Trump shouldn't be able to finagle, orchestrate that information remaining secret, hidden from the American people or from the voters. And as Judge Chuckin said the timing of the schedule, she sets will have nothing to do one way or another with the upcoming election. But the substance of the information that will be revealed as part of this investigation will have everything to do with Donald Trump's suitability to ever retake the reigns of governmental power. Yeah, the American voters deserve to know who they're voting for and who they're not voting for. Because justice matters. 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.
