Julie Kelly Commentary: The Supreme Court Can Right an Egregious Wrong in Jan 6 Cases, But Will It?

In July 2023, Joshua Youngerman was arrested in California on five misdemeanors for his participation in the events of January 6. According to charging documents, Youngerman entered the Capitol at 2:37 p.m. — 20 minutes after the House went into recess amid the escalating chaos — through an open door as Capitol…

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Jack Smith Criticizes Trump Documents Judge’s Instructions as ‘Fundamentally Flawed’

Special Counsel Jack Smith

Special counsel Jack Smith criticized the federal judge overseeing former President Donald Trump’s classified documents trial as relying on a “fundamentally flawed legal premise” that “would distort the trial,” when she ordered both parties to submit jury instructions.

Smith’s sharp response Tuesday comes after Florida-based U.S. District Court Judge Aileen Canon last month asked attorneys to submit instructions based on two scenarios. In the first one, the jury would consider whether records Trump allegedly possesses are personal or presidential under the Presidential Records Act. The second scenario, Canon wrote, would assume that “the Presidential Records Act gives the president the sole authority to categorize records as personal or presidential during their time in office,” which would make the case significantly more difficult to prosecute.

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Trump’s Former Attorney John Eastman in Good Spirits About the Ongoing Lawfare Against Him, Both Prosecution and Disbarment Proceedings

Trump’s former attorney and constitutional legal scholar, John Eastman, who is undergoing lawfare as a result of his representation of Trump in the 2020 election challenges, is facing multiple legal proceedings but is in good spirits.

Eastman, widely considered one of the top legal scholars on the right, who founded the Claremont Institute’s Center for Constitutional Jurisprudence, served as dean for Chapman University’s Dale E. Fowler School of Law, and clerked for Supreme Court Justice Clarence Thomas, told The Arizona Sun Times during an interview that he remains “cheerful but defiant.”

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Julie Kelly Commentary: In the Room at Friday’s Florida Hearing in Trump’s Classified Documents Case

FL Judge Aileen Cannon Infront of florida courthouse

I am digging into a few other matters related to this case, the contempt order issued Thursday against veteran investigative reporter Catherine Herridge, and a new appellate court ruling overturning the use of a sentencing enhancement for J6ers convicted of the controversial 1512(c)(2) charge so unfortunately I can’t write a full article on yesterday’s hearing that I attended in person in Fort Pierce. So I want to share my X posts about what happened.

A few additional observations: Judge Cannon’s approach and style is inimical from that of judges in D.C. For part of the proceedings, I kept thinking how DOJ’s J6 prosecution in Washington would be so different if only half the judges were as careful and prepared and nontheatrical as Cannon. I shared this with a J6 defense attorney last night and he agreed.

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Commentary: Blue Laws for Red Citizens

Donald Trump

One state prosecutor and one civilian plaintiff have already won huge fines and damages from Donald Trump that may, with legal costs, exceed $500 million.

Trump awaits further civil and criminal liability in three other federal, state, and local indictments.

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Commentary: Was It Legal to Appoint Jack Smith in the First Place?

Jack Smith

Was Special Counsel Jack Smith illegally appointed by Attorney General Merrick Garland and is his prosecution of former Pres. Donald Trump unlawful? That is the intriguing issue raised in an amicus brief filed in the Supreme Court by Schaerr Jaffe, LLP, on behalf of former Attorney General Ed Meese and two law professors, Steven Calabresi and Gary Lawson, in the case of U.S. v. Trump.

We won’t get an immediate answer to this question because on the Friday before Christmas, the Supreme Court issued a one-line order refusing to take up Smith’s request that the court review Trump’s claim of presidential immunity, which was denied by the trial court, in the federal prosecution being pursued by Smith in the District of Columbia. The special counsel had petitioned the court to take the case on an expedited basis, urging the justices to bypass review by the Court of Appeals for the D.C. Circuit.

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