Episode 43 - One of those Jumpsuits (feat. Brian Greer)
Sep 24, 2023
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CIPA expert Brian Greer joins Allison to discuss the implications of a proposed gag order and a supplemental briefing. They also talk about Trump's concerns about going to prison and the possibility of housing him in a safe house. The podcast delves into the process of a criminal prosecution against a candidate running for president, analyzing evidence and preparation. They also discuss a recent protective order for classified documents in the Trump case and the potential defense strategy using public statements in the trial.
SEPA Section 3 allows for a protective order to handle classified information during legal proceedings.
SEPA Section 4 allows the defense to challenge the government's use of classified information.
A SEPA Section 10 Notice notifies the defense about specific classified materials the government plans to rely on in trial.
Deep dives
Section 3: CPACASI and for
Section 3 of SEPA allows the Department of Justice to request a protective order governing classified information during the discovery process. This order sets the rules for handling, accessing, and disclosing classified materials. It ensures that sensitive information remains secure and protected throughout the legal proceedings. Both the prosecution and defense teams must adhere to the guidelines outlined in the protective order to maintain the confidentiality and integrity of classified materials.
Section 4: Challenges and Notices
Section 4 of SEPA allows the defense team to challenge the government's use of classified information and request additional discovery. This is done through a notice provided to the court, outlining any issues or objections related to the classified materials. The defense may argue for the exclusion, redaction, or summary of certain classified information based on its relevance to the case and potential national security concerns. The court will consider these challenges and make determinations on how classified materials should be handled during the trial.
SEPA Section 10 Notice
A SEPA Section 10 Notice is a notification to the defense regarding the specific classified materials the government intends to rely on to establish the national defense or classified information elements of the case. This notice provides the defense with a preview of the evidence the government plans to present and allows them to prepare their defense accordingly. The details of the Section 10 Notice are typically classified to protect sensitive information until trial.
Significance of David Raskin's Involvement
David Raskin's inclusion as part of the prosecution team is a positive development. Raskin is known for his expertise in prosecuting cases involving classified information, particularly in terrorism-related trials. As a skilled trial lawyer, he brings valuable experience in presenting complex cases to juries. His presence suggests a focus on effectively arguing the case to a jury while also maintaining the necessary national security considerations.
Trump's Concerns About Incarceration
Donald Trump has been asking about what a prison sentence would look like for a former American president. He is curious whether he would be sent to a comfortable prison or a more challenging one. The possibility of serving a sentence in plush home confinement and the potential revocation of secret service protections are also concerns for him. Despite initial doubts about the feasibility of incarcerating a former president, recent discussions among security professionals suggest that it may be easier to monitor and protect him in a controlled environment.
Implications for Co-conspirators and Defense Attorneys
Trump's admission of making decisions on his own undermines the defense strategy of relying on counsel. This could potentially benefit other individuals, such as defense attorneys, by allowing them to argue that Trump disregarded their advice. However, the evidence at hand, including memos and witness testimony, still implicates these individuals in the alleged crimes. Trump's statements do not provide significant exonerating evidence for other co-conspirators.
This week: Rolling Stone reports that Trump is privately fretting about possibly going to prison; DoJ filed their proposed don’t-call-it-a-gag order in the DC case; CIPA expert Brian Greer joins Allison to discuss the implications of that and what’s going on with a supplemental briefing Judge Cannon requested; plus a couple of very fine questions from some very smart and good-looking listeners.