Episode 57 | This is OUR Constitution (feat. Judge Luttig)

This week, we are joined by Judge J. Michael Luttig to go over the brief helped  write to the District Court on DC in support of DoJ’s proposed trial date and against Trump’s claims of immunity. Judge Luttig reminds us that it is the Constitution, not politics, that disqualifies Trump from holding federal office, again.
Then, we discuss DoJ’s motion to limit specific arguments and evidence that Trump may try to bring up at trial.
Plus, we have some great listener questions.

Our Guest:

Judge J. Michael Luttig

https://twitter.com/judgeluttig

AMICI CURIAE to the District Court of DC 

https://democracy21.org/wp-content/uploads/2023/08/Attachment-Brief-of-Amici-Curiae-in-Support-of-Governments-Proposed-Trial-Date.pdf

Ari Fleischer’s irresponsible take on attempts to keep Trump off of ballots was still up at the time of publishing this episode.
https://x.com/AriFleischer/status/1740752537320669411?s=20

“Make no mistake: Attempts to throw Trump off the ballot are white-collar insurrections, carried out by Democrats in powerful positions, who falsely use the "law" as a weapon. 

They fear a vote of the people, so they resort to this. 

This is an insurrection.”

Good to know:

Rule 403b
https://www.law.cornell.edu/rules/fre/rule_403

18 U.S. Code § 1512
https://www.law.cornell.edu/uscode/text/18/1512

Brian Greer’s Quick Guide to CIPA
https://www.justsecurity.org/87134/the-quick-guide-to-cipa-classified-information-procedures-act/

 

Prior Restraint
Prior Restraint | Wex | US Law | LII / Legal Information Institute

Brady Rule | US Law |Cornell Law School | Legal Information Institute

https://www.law.cornell.edu/wex/brady_rule#:~:text=Brady%20material%2C%20or%20the%20evidence,infer%20against%20the%20defendant's%20guilt

Jencks Material | Thomson Reuters Practical Law Glossary

https://content.next.westlaw.com/Glossary/PracticalLaw/I87bcf994d05a11e598dc8b09b4f043e0?transitionType=Default&contextData=(sc.Default)

Statutes:

18 U.S.C. § 241 | Conspiracy Against Rights
18 U.S.C. § 371 | Conspiracy to Defraud the United States | JM | Department of Justice
18 U.S.C.  § 1512 | Tampering With Victims, Witnesses, Or Informants 

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Andrew McCabe isn’t on social media, but you can buy his book 

The Threat

The Threat: How the FBI Protects America in the Age of Terror and Trump

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