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Federal judges are sending the message they are no longer playing 'delay games': former Trump attorney
March 22, 2023
Federal judges are signaling that they aren't interested in playing "delay games" with former President Donald Trump anymore, said Ty Cobb, a former Trump White House lawyer, on CNN Wednesday.
This comes amid a set of rapid-fire developments that led to a federal court granting special counsel Jack Smith the "crime-fraud" exception to attorney-client privilege, allowing Justice Department officials to obtain communications between Trump and Evan Corcoran, a lawyer accused of misleading investigators in the Mar-a-Lago classified documents probe.
"As I said, it had been sort of like, you know, ripping the Band-Aid off hair by hair," said anchor Erin Burnett. "And then all of a sudden, it's boom, boom, boom, boom, 6 a.m. okay, now Evan Corcoran's coming in as soon as Friday. I mean, it just happened so very quickly. What does that say to you?"
"I think it says that the D.C. Circuit is not going to be part of any delay game," said Cobb. "Now ... having run the Mueller investigation at the White House, we didn't delay anything. We voluntarily cooperated throughout. But these cases have been managed much differently. There have been constant motions, constant appeals, constant assertions of privilege that have been right, you know, roundly rejected by the courts, and I'm not surprised that this order was issued."
Watch: Prankster sneaks uncensored view of Trump onto right-wing news network
"I think that Jack Smith has done an excellent job of transforming the classified document case at Mar-a-Lago into a very worthy obstruction case," Cobb continued. "Keep in mind that the key event surrounding Corcoran's testimony involves the June 3rd meeting with Justice Department officials and Christina Bobb on his team, where they gave him some additional classified documents and a sworn statement, that while Christina signed it, Corcoran wrote it — or at least organized it — and they had hours of conversations, backing up the essence of what they were. Swearing, too. So we know for a fact, shortly after that, in August, they did a search warrant and found hundreds more classified documents."
"So this is a very serious event, and Corcoran, you know, testifying is — there's no way for even the former president to spin that as a, as a positive event," added Cobb. "I mean, he turns lawyers into witnesses faster than any potential defendant in the history of the criminal justice system."
Watch the segment below or at this link.
Ty Cobb says federal courts won't tolerate a "delay game" in Trump case www.youtube.com
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Republican gubernatorial candidate Kari Lake lost her bid for the seat again on Wednesday when the Arizona Supreme Court struck down her appeal to fight the election loss.
AZ Central reported that the case was somewhat kept alive by sending it back to the lower county judge to review. Maricopa County Superior Court Judge Peter Thompson rejected the claim that she was the rightful governor.
The six claims, the state Supreme Court ruled, were "properly dismissed by lower courts."
Chief Justice Robert Brutinel said Lake's challenges were "insufficient to warrant the requested relief under Arizona or federal law."
The sixth claim dealt with the insufficient ballot signature verification, which has to be reviewed by another county judge.
If Lake can prove “votes [were] affected ‘in sufficient numbers to alter the outcome of the election’” based on a “competent mathematical basis to conclude that the outcome would plausibly have been different, not simply an untethered assertion of uncertainty," otherwise it was dismissed properly.
ALSO IN THE NEWS: House GOP subpoena of Manhattan DA would 'kneecap' prosecutor: analysis
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House Republicans earlier this week in a letter to Manhattan District Attorney Alvin Bragg requested that the prosecutor testify and provide documents in connection with the investigation into Donald Trump’s alleged hush money payments to Stormy Daniels.
Braggs, who could issue what would be the first indictment against a former president, is being urged by legal experts to take a hard pass on the letter sent to Bragg by GOP Reps. Jim Jordan, Bryan Steil and James Comer. All three are members of the weaponization of the federal government subcommittee panel.
In an opinion piece published on MSNBC’s website Wednesday, former White House ethics lawyer Norman Eisen, government integrity lawyer Fred Wertheimer and appellate lawyer Josh Stanton describe the request as a naked effort to interfere with a state prosecution.
“Congress cannot lawfully use its investigative power to engage in law enforcement,” the trio of legal heavyweights wrote.
Watch: Prankster sneaks uncensored view of Trump onto right-wing news network
“But we argue that is precisely what these congressmen are attempting by seeking to second-guess and superintend a single specific pending case by a prosecutor. Any move to issue a subpoena demanding Manhattan District Attorney Alvin Bragg appear in Washington should be viewed as meddling that is both brazenly partisan and probably unlawful.”
The legal experts argue that an attempt by the congressmen to subpoena Bragg (should he decline their request) would be unenforceable.
“A subpoena violating that norm would disrupt the basic elements of our adversarial system of justice,” they said.
“As lawyers whose experience includes decades prosecuting or defending criminal cases, we can say that compliance with such a subpoena would kneecap the Manhattan district attorney.”
Furthermore, they argue such a subpoena would break an important “norm.”
“Although the defense is entitled to extensive discovery — as they should be — neither the defense nor the public is entitled to the detailed thoughts and impressions of the lawyers investigating and prosecuting a case,” Eisen, Wertheimer and Stanton argue.
“A subpoena violating that norm would disrupt the basic elements of our adversarial system of justice.”
IN OTHER NEWS: Trump reeling after Murdoch media makes 'coordinated effort' to ridicule him: Morning Joe panel
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