It strikes me that what you’re trying to do is affect the presentation of evidence in this case in a way so as not to impinge on the election of the president,
We can all walk and chew gum at the same time,
There is no way to know for sure what the Supreme Court will say, but given the Supreme Court's extremely broad view of separation of powers in the Trump immunity case, there is a good chance that the Court will agree with Judge Cannon that the broad unsupervised powers given to Jack Smith are unlawful and that the special counsel regulation is overbroad,
So one thing we can say with assurance after the hearing today is, they can preserve that for appeal if they want to, but I don't think Judge Chutkan is ever going to toss this thing based on the special counsel being unlawful,
Judge Chutkan tipped her hand today,
Precedent and history confirm those authorities, as do the long tradition of special-counsel appointments by Attorneys General and Congress's endorsement of that practice through appropriations and other legislation."
The Supreme Court has already decided that the conversations between Trump and Pence is an official act,
If I give the special counsel the time they're asking for, the three weeks, why can't you discuss discovery that you haven't been given that relates to immunity?"
This court is not concerned with the electoral schedule."
So now, the government has a few weeks to write its brief and then Judge Chutkan can get back to work. She clearly was ready to do that,
Here's the oddity: Trump's lawyers, who said they want to know more about the government's case before they file their motion challenging it, objected to the government filing a brief telling them all about the government's case,
Thus, defendant is not appealing from and cannot seek any stay regarding a remand order, because the district court never entered one. Rather, the only order on appeal is the district court's denial of leave to file,
This is another argument that defies reality, and it would render the Supremacy Clause a dead letter,
The pending motion does not seek an indefinite injunction of the New York County proceedings, or even the sentencing. Rather, the requested stays would maintain the status quo while this Court addresses the merits of the appeal,
We all know—we all know—that whatever my ruling on immunity is, it's going to be appealed. And the taking of that appeal will again stay this case,
It is clear that prosecutors think they can still introduce evidence of what Donald Trump said to pressure Mike Pence, and the judge clearly is with them on that."
So if Judge Chutkan ultimately sides with prosecutors, and says, 'Go ahead you can introduce the Mike Pence evidence at trial,' there's a very good chance that the Supreme Court reverses that,
In the real world, defense counsel would go first, and they would make a motion to dismiss,
So, they're both in court and the issue is a brand new indictment called a superseding indictment issued by a new grand jury based on the Supreme Court's decision on immunity,
I’ve said before and I say again that the electoral process and the timing of the election … is not relevant here,