Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Extra, Extra! Read all about it! Jack Mack and the Heart Attacks looking to cause a stroke by January 2nd! Extra, extra! Read all about it!
GOVERNMENT’S RESPONSE TO COURT’S AUGUST 3, 2023 MINUTE ORDER
In its August 3, 2023, Minute Order, the Court directed the Government to “file a brief
proposing a trial date and providing an estimate of the time required to set forth the prosecution’s
case in chief” at trial. The Government proposes that trial begin on January 2, 2024, and
estimates that its case in chief will take no longer than four to six weeks. This trial date, and the
proposed schedule outlined below, would give the defendant time to review the discovery in this
case and prepare a defense, and would allow the Court and parties to fully litigate any pre-trial
legal issues. Most importantly, a January 2 trial date would vindicate the public’s strong interest
in a speedy trial—an interest guaranteed by the Constitution and federal law in all cases, but of
particular significance here, where the defendant, a former president, is charged with conspiring
to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the
election results, and discount citizens’ legitimate votes.
Government’s Proposed Trial Date and Schedule
To estimate a prompt trial date that serves the public’s interest and the interests of justice,
while also protecting the defendant’s rights and ability to prepare for trial, the Government outlines
below suggested interim dates subject to the Court’s schedule and availability:
• September 25, 2023: Rule 12 and other dispositive motions
• October 16, 2023: Oppositions to Rule 12 and other dispositive motions
• October 25, 2023: Replies in Support of Rule 12 and other dispositive motions
• TBD: Motions Hearing
• November 13, 2023: Motions in Limine
• November 27, 2023: Oppositions to Motions in Limine
• December 4, 2023: Replies in Support of Motions in Limine
• December 8, 2023: Final Pretrial Conference
• December 11, 2023: Jury Selection
• January 2, 2024: Trial
This general schedule would give the defense almost two months after indictment to file Rule 12
and other dispositive motions, which raise legal issues, not issues of fact stemming from the review
of discovery.1
It would then provide roughly five months before the start of trial for the defense
to review discovery—which, as described below, the Government expects to be substantially
complete in advance of the Court’s hearing on August 28, 2023. This schedule also proposes that
the Court set a date certain to start trial in January 2024 regardless of when jury selection finishes
in December 2023 to avoid uncertainty and hardships for jurors during the winter holidays.
1 It appears that defense counsel is already planning which motions the defendant will file.
For instance, on CBS’s Face the Nation on August 6, 2023, Mr. Lauro stated, “[W]e’re going to
be identifying and litigating a number of motions that we’re going to file on First Amendment
grounds, or the fact that President Trump is immune as president from being prosecuted in this
way.” He also expressed an intention to pursue a change of venue. See 8/6/23 CBS Face the
Nation, available at https://www.cbsnews.com/video/86-face-the-nation/
If you had said to me in 2015 that a former POTUS would be indicted and named in a court filing alongside Gambino, I would have responded that there's a greater chance the PTAPE will be aired. How's that for winning?
At the defendant’s initial appearance, and in several television interviews, defense counsel
has suggested that the Speedy Trial Act is intended only to protect the defendant’s rights. See,
e.g., 8/3/23 Hr’g Tr. at 17 (“Of course, the Speedy Trial Act protects a defendant’s rights”); 8/3/23
Fox News, Ingraham Angle (“Speedy trials rights are a defendant’s speedy trial rights. A
citizen’s speedy trial rights. Not the government.” 2 ). Not so. Under both the Sixth
Amendment’s Speedy Trial Clause and the Speedy Trial Act, the right to a timely trial is vested in
the public, not just in the defendant. See Barker v. Wingo, 407 U.S. 514, 519 (1972) (“The right
to a speedy trial is generically different from any of the other rights enshrined in the Constitution
for the protection of the accused,” since “there is a societal interest in providing a speedy trial
which exists separate from, and at times in opposition to, the interests of the accused.”); Zedner v.
United States, 547 U.S. 489, 501 (2006) (“[T]he [Speedy Trial] Act was designed not just to benefit
defendants but also to serve the public interest by, among other things, reducing defendants’
opportunity to commit crimes while on pretrial release and preventing extended pretrial delay from
impairing the deterrent effect of punishment.”); United States v. Gambino, 59 F.3d 353, 360 (2d
Cir. 1995) (“[T]he public has as great an interest in a prompt criminal trial as has the defendant.
Certainly, the public is the loser when a criminal trial is not prosecuted expeditiously, as suggested
by the aphorism, ‘justice delayed is justice denied.’”).
THE DEEP STATE providing POOTWH with a detailed roadmap to conviction. But man, is this POS getting some courtesy. If you're thinking of committing a crime, you might want to get on the ballot as a POTUS candidate. Seems to assist. And see what shooting your mouth off does for you? You'd be better served keeping it stuffed full of hamburers. With catsup. Gee, think Jack Mack and the Heart Attacks have anything on the POS?
In any event, although
there is a large amount of discovery in this case—including witness interviews, grand jury
transcripts, and evidence obtained through numerous sealed search warrants—the Government has
gone to great lengths to organize materials for the defendant to assist him in his review. These
efforts include providing him a compilation of certain key evidence on which the indictment relies and identifying material potentially favorable to the defense. Indeed, assuming that a protective
order is entered in the interim, by the time of the Court’s hearing on August 28, 2023, the
Government expects that its production of discoverable materials already in the Government’s
possession will be substantially complete. The Government would then continue to produce to
the defense on a prompt rolling basis any additional materials that are obtained going forward.3
The Government is prepared at this moment to produce to the defendant the majority of
discovery in this case, including materials that exceed its obligations. As soon as the Court issues
a protective order, the Government will produce to the defendant materials including:
• grand jury transcripts and associated exhibits through the date of the indictment;
• witness interview recordings, transcripts, and reports, including agent notes, along
with records used during the interviews;
• the vast majority of materials obtained through search warrants, 2703(d) orders,
and grand jury subpoenas; and
• unredacted materials obtained from other governmental entities, including the
House Select Committee to Investigate the January 6th Attack on the United States
Capitol and the United States Secret Service.
The Government went to great lengths to organize these materials in a user-friendly manner,
prepare them in formats ready to be loaded into a document review platform, and create detailed
logs to guide the defendant’s review.4
The Government will also provide a compilation of certain key evidence that supports the charges in the indictment (in itself, a detailed, forty-five page
speaking indictment that provides a roadmap to the Government’s theories) and identifies certain
material within the discovery that is arguably favorable to the defendant. The Government stands
ready to provide technical assistance or answer any questions that defense counsel may have
regarding the discovery in this case.
Defense counsel claimed, both in a media interview and in the initial hearing,
5 see 8/3/23
Hr’g Tr. at 18, that the Government has been investigating this matter for three and a half years,
while the defense is starting with a blank slate. Not only is this claim impossible, as January 6,
2021, was two and a half years ago, but it is disingenuous. The defendant has been aware of—
and has responded forcefully in opposition to—certain relevant information made public through
hearings and the report written by the House Select Committee to Investigate the January 6th
Attack on the United States Capitol. See, e.g., Letter from Donald J. Trump to Hon. Bennie G.
Thompson, Chairman, House Select Committee to Investigate the January 6th Attack on the U.S.
Capitol (Oct. 13, 2022). Furthermore, the defendant and his counsel have long been aware of
details of the Government’s investigation leading to his indictment, having had first contact with
Government counsel in June 2022. Indeed, at his initial appearance, the defendant was
accompanied by an attorney familiar with certain relevant pre-indictment information. In sum,
the defendant has a greater and more detailed understanding of the evidence supporting the charges
against him at the outset of this criminal case than most defendants, and is ably advised by multiple
attorneys, including some who have represented him in this matter for the last year.
The Government’s proposed schedule and January 2 trial date afford the defendant many
months to review the discovery in this matter, raise pre-trial legal issues, and prepare his defense.
No additional time is necessary or warranted under the Speedy Trial Act and in light of the public’s
strong interest in a prompt trial.
3 In a separate filing today, the Government is requesting that the Court schedule a pretrial hearing under the Classified Information Procedures Act so that parties can discuss a parallel
schedule with respect to the mimimal amount of classified information that may be subject to
discovery in this case.
4 The Government will move separately to provide the Court, ex parte and under seal, a
draft copy of the detailed production letter and source logs that the Government intends to provide
to the defense upon the entry of a protective order. These materials demonstrate the scope of the
Government’s disclosures and the steps taken to organize the discovery material so that it is readily
accessible for review and use by the defense.
5 See National Public Radio, Trump’s Attorney Tells NPR How He Plans to Defend
Against the Latest Charges, August 2, 2023 (available at https://www.npr.org/2023/08/02/
1191627739/trump-charges-indictment-attorney-jan-6-probe).
The proposed schedule provides ample time for the Court to ensure that the defendant
receives both a fair and speedy trial—just as other courts throughout the country have in cases of
substantial size and complexity. Other courts, for instance, have successfully administered
justice in an efficient and just manner in complex cases. See, e.g., United States v. Paul Manafort,
Jr., 18-cr-83 (E.D. Va.) (five months from indictment to trial in 32-count co-defendant complex
tax evasion, FBAR, and bank fraud case); United States v. Mohammed Salameh, et. al., 93-cr-180
(S.D.N.Y) (six months between arrest and trial in first World Trade Center bombing trial); United
States v. Robert McDonnell, 3:14-cr-12 (E.D. Va.) (seven months from indictment to trial in
bribery case against Commonwealth’s Governor). In addition, over the past two years, courts in
this District have fairly and efficiently managed the largest set of related criminal cases in
American history, involving more than 1,000 individual defendants charged with crimes associated
with the breach of the United States Capitol on January 6, 2021. The fair and efficient
administration of the defendant’s single criminal case pales in comparison to that challenge.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Criminal Action No. 23-00257 (TSC)
UNITED STATES OF AMERICA,
v.
DONALD J. TRUMP,
Defendant
4. The defendant, defense counsel, and Authorized Persons shall not copy or
reproduce Sensitive Materials except to provide copies of Sensitive Materials for use in
connection with this case by the defendant, defense counsel, and Authorized Persons. Such
copies and reproductions shall be treated in the same manner as the original. The defendant,
defense counsel, and Authorized Persons shall not disclose any notes or records of any kind that
they make in relation to the contents of Sensitive Materials, other than to Authorized Persons, and
all such notes or records are to be treated in the same manner as the original; provided, however,
this paragraph shall not apply to generalized mental impressions of Authorized Persons, not
reflecting the content of Sensitive Materials.
8. The United States may designate the following materials it produces to defense
counsel as “Sensitive Materials”:
a. Materials containing personally identifying information as identified in Federal
Rule of Criminal Procedure 49.1;
b. Rule 6 materials, including grand jury subpoena returns, witness testimony, and
related exhibits presented to the grand jury;
c. Materials obtained through sealed search warrants and 2703(d) orders;
d. Sealed orders obtained by the Government’s filter team related to this case;
e. Recordings, transcripts, interview reports, and related exhibits of witness
interviews; and
f. Materials obtained from other governmental entities.
The Government shall indicate to defense counsel, in discovery correspondence or otherwise,
which materials constitute Sensitive Materials prior to or concurrent with disclosure.
9. Except as provided in this Order, without prior notice to the United States and
authorization from the court, no Sensitive Materials, or information contained therein, may be
disclosed to any person other than the defendant, defense counsel, persons employed to assist the
defense, or the person to whom the sensitive information solely and directly pertains and that
person’s counsel.
10. Sensitive Materials must be maintained in the custody and control of defense
counsel. Defense counsel may show or provide Sensitive Materials to the defendant as necessary to assist in preparation of the defense, and defense counsel is not required to be present while the
defendant reviews Sensitive Materials. However, if defense counsel does show or provide
Sensitive Materials to the defendant, defense counsel may not allow the defendant to write down
any personally identifying information as identified in Federal Rule of Criminal Procedure 49.1
that is contained in the Sensitive Materials. If the defendant takes notes regarding Sensitive
Materials, defense counsel must inspect those notes to ensure that the defendant has not copied
down personally identifying information as identified in Federal Rule of Criminal Procedure
49.1. Moreover, during any time that the defendant reviews Sensitive Materials outside of
defense counsel’s presence, the defendant must not have access to any device capable of
photocopying, recording, or otherwise replicating the Sensitive Materials, including a smart
cellular device. Defense counsel must also ensure that all Sensitive Materials are collected and
safeguarded when the defendant is no longer reviewing them.
16. Challenges to Specific Documents. The defendant may raise particularized
concerns about specific documents by motion to this court.
Date: August 11, 2023
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
I read somewhere that tRump and his minions would work up all kinds of draft posts and sit on them....I bet there is a lot of good shit in there that might prove tRump's intentions on Jan 6 and/or other election fraud
Remember the Thomas Nine !! (10/02/2018)
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago 2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy 2013: London ON, Chicago; 2014: Cincy, St Louis, Moline (NO CODE) 2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston 2020: Oakland, Oakland:2021: EV Ohana, Ohana, Ohana, Ohana 2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville 2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
What are the chances those twat DMs of POOTWH’s might include handlers with Putin on the ritz? “Dear Vlad, send Igor to Mar-I-Lieo with hamburders and coveffe and tell him to use the bathroom off the ballroom.”
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
0
Options
mickeyrat
up my ass, like Chadwick was up his Posts: 36,005
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Comments
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
GOVERNMENT’S RESPONSE TO COURT’S AUGUST 3, 2023 MINUTE ORDER
In its August 3, 2023, Minute Order, the Court directed the Government to “file a brief proposing a trial date and providing an estimate of the time required to set forth the prosecution’s case in chief” at trial. The Government proposes that trial begin on January 2, 2024, and estimates that its case in chief will take no longer than four to six weeks. This trial date, and the proposed schedule outlined below, would give the defendant time to review the discovery in this case and prepare a defense, and would allow the Court and parties to fully litigate any pre-trial legal issues. Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial—an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes.
Libtardaplorable©. And proud of it.
Brilliantati©
Government’s Proposed Trial Date and Schedule To estimate a prompt trial date that serves the public’s interest and the interests of justice, while also protecting the defendant’s rights and ability to prepare for trial, the Government outlines below suggested interim dates subject to the Court’s schedule and availability:
• September 25, 2023: Rule 12 and other dispositive motions
• October 16, 2023: Oppositions to Rule 12 and other dispositive motions
• October 25, 2023: Replies in Support of Rule 12 and other dispositive motions
• TBD: Motions Hearing • November 13, 2023: Motions in Limine
• November 27, 2023: Oppositions to Motions in Limine
• December 4, 2023: Replies in Support of Motions in Limine
• December 8, 2023: Final Pretrial Conference • December 11, 2023: Jury Selection
• January 2, 2024: Trial
This general schedule would give the defense almost two months after indictment to file Rule 12 and other dispositive motions, which raise legal issues, not issues of fact stemming from the review of discovery.1
It would then provide roughly five months before the start of trial for the defense to review discovery—which, as described below, the Government expects to be substantially complete in advance of the Court’s hearing on August 28, 2023. This schedule also proposes that the Court set a date certain to start trial in January 2024 regardless of when jury selection finishes in December 2023 to avoid uncertainty and hardships for jurors during the winter holidays.
1 It appears that defense counsel is already planning which motions the defendant will file. For instance, on CBS’s Face the Nation on August 6, 2023, Mr. Lauro stated, “[W]e’re going to be identifying and litigating a number of motions that we’re going to file on First Amendment grounds, or the fact that President Trump is immune as president from being prosecuted in this way.” He also expressed an intention to pursue a change of venue. See 8/6/23 CBS Face the Nation, available at https://www.cbsnews.com/video/86-face-the-nation/
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At the defendant’s initial appearance, and in several television interviews, defense counsel has suggested that the Speedy Trial Act is intended only to protect the defendant’s rights. See, e.g., 8/3/23 Hr’g Tr. at 17 (“Of course, the Speedy Trial Act protects a defendant’s rights”); 8/3/23 Fox News, Ingraham Angle (“Speedy trials rights are a defendant’s speedy trial rights. A citizen’s speedy trial rights. Not the government.” 2 ). Not so. Under both the Sixth Amendment’s Speedy Trial Clause and the Speedy Trial Act, the right to a timely trial is vested in the public, not just in the defendant. See Barker v. Wingo, 407 U.S. 514, 519 (1972) (“The right to a speedy trial is generically different from any of the other rights enshrined in the Constitution for the protection of the accused,” since “there is a societal interest in providing a speedy trial which exists separate from, and at times in opposition to, the interests of the accused.”); Zedner v. United States, 547 U.S. 489, 501 (2006) (“[T]he [Speedy Trial] Act was designed not just to benefit defendants but also to serve the public interest by, among other things, reducing defendants’ opportunity to commit crimes while on pretrial release and preventing extended pretrial delay from impairing the deterrent effect of punishment.”); United States v. Gambino, 59 F.3d 353, 360 (2d Cir. 1995) (“[T]he public has as great an interest in a prompt criminal trial as has the defendant. Certainly, the public is the loser when a criminal trial is not prosecuted expeditiously, as suggested by the aphorism, ‘justice delayed is justice denied.’”).
Libtardaplorable©. And proud of it.
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In any event, although there is a large amount of discovery in this case—including witness interviews, grand jury transcripts, and evidence obtained through numerous sealed search warrants—the Government has gone to great lengths to organize materials for the defendant to assist him in his review. These efforts include providing him a compilation of certain key evidence on which the indictment relies and identifying material potentially favorable to the defense. Indeed, assuming that a protective order is entered in the interim, by the time of the Court’s hearing on August 28, 2023, the Government expects that its production of discoverable materials already in the Government’s possession will be substantially complete. The Government would then continue to produce to the defense on a prompt rolling basis any additional materials that are obtained going forward.3
The Government is prepared at this moment to produce to the defendant the majority of discovery in this case, including materials that exceed its obligations. As soon as the Court issues a protective order, the Government will produce to the defendant materials including:
• grand jury transcripts and associated exhibits through the date of the indictment;
• witness interview recordings, transcripts, and reports, including agent notes, along with records used during the interviews;
• the vast majority of materials obtained through search warrants, 2703(d) orders, and grand jury subpoenas; and
• unredacted materials obtained from other governmental entities, including the House Select Committee to Investigate the January 6th Attack on the United States Capitol and the United States Secret Service.
The Government went to great lengths to organize these materials in a user-friendly manner, prepare them in formats ready to be loaded into a document review platform, and create detailed logs to guide the defendant’s review.4 The Government will also provide a compilation of certain key evidence that supports the charges in the indictment (in itself, a detailed, forty-five page speaking indictment that provides a roadmap to the Government’s theories) and identifies certain material within the discovery that is arguably favorable to the defendant. The Government stands ready to provide technical assistance or answer any questions that defense counsel may have regarding the discovery in this case.
Defense counsel claimed, both in a media interview and in the initial hearing, 5 see 8/3/23 Hr’g Tr. at 18, that the Government has been investigating this matter for three and a half years, while the defense is starting with a blank slate. Not only is this claim impossible, as January 6, 2021, was two and a half years ago, but it is disingenuous. The defendant has been aware of— and has responded forcefully in opposition to—certain relevant information made public through hearings and the report written by the House Select Committee to Investigate the January 6th Attack on the United States Capitol. See, e.g., Letter from Donald J. Trump to Hon. Bennie G. Thompson, Chairman, House Select Committee to Investigate the January 6th Attack on the U.S. Capitol (Oct. 13, 2022). Furthermore, the defendant and his counsel have long been aware of details of the Government’s investigation leading to his indictment, having had first contact with Government counsel in June 2022. Indeed, at his initial appearance, the defendant was accompanied by an attorney familiar with certain relevant pre-indictment information. In sum, the defendant has a greater and more detailed understanding of the evidence supporting the charges against him at the outset of this criminal case than most defendants, and is ably advised by multiple attorneys, including some who have represented him in this matter for the last year.
The Government’s proposed schedule and January 2 trial date afford the defendant many months to review the discovery in this matter, raise pre-trial legal issues, and prepare his defense. No additional time is necessary or warranted under the Speedy Trial Act and in light of the public’s strong interest in a prompt trial.
3 In a separate filing today, the Government is requesting that the Court schedule a pretrial hearing under the Classified Information Procedures Act so that parties can discuss a parallel schedule with respect to the mimimal amount of classified information that may be subject to discovery in this case.
4 The Government will move separately to provide the Court, ex parte and under seal, a draft copy of the detailed production letter and source logs that the Government intends to provide to the defense upon the entry of a protective order. These materials demonstrate the scope of the Government’s disclosures and the steps taken to organize the discovery material so that it is readily accessible for review and use by the defense.
5 See National Public Radio, Trump’s Attorney Tells NPR How He Plans to Defend Against the Latest Charges, August 2, 2023 (available at https://www.npr.org/2023/08/02/ 1191627739/trump-charges-indictment-attorney-jan-6-probe).
gov.uscourts.dcd.258148.23.0_1.pdf (courtlistener.com)
January 2024 may very well be a fine, fine month.
Libtardaplorable©. And proud of it.
Brilliantati©
The proposed schedule provides ample time for the Court to ensure that the defendant receives both a fair and speedy trial—just as other courts throughout the country have in cases of substantial size and complexity. Other courts, for instance, have successfully administered justice in an efficient and just manner in complex cases. See, e.g., United States v. Paul Manafort, Jr., 18-cr-83 (E.D. Va.) (five months from indictment to trial in 32-count co-defendant complex tax evasion, FBAR, and bank fraud case); United States v. Mohammed Salameh, et. al., 93-cr-180 (S.D.N.Y) (six months between arrest and trial in first World Trade Center bombing trial); United States v. Robert McDonnell, 3:14-cr-12 (E.D. Va.) (seven months from indictment to trial in bribery case against Commonwealth’s Governor). In addition, over the past two years, courts in this District have fairly and efficiently managed the largest set of related criminal cases in American history, involving more than 1,000 individual defendants charged with crimes associated with the breach of the United States Capitol on January 6, 2021. The fair and efficient administration of the defendant’s single criminal case pales in comparison to that challenge.
Libtardaplorable©. And proud of it.
Brilliantati©
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Criminal Action No. 23-00257 (TSC)
UNITED STATES OF AMERICA, v. DONALD J. TRUMP, Defendant
4. The defendant, defense counsel, and Authorized Persons shall not copy or reproduce Sensitive Materials except to provide copies of Sensitive Materials for use in connection with this case by the defendant, defense counsel, and Authorized Persons. Such copies and reproductions shall be treated in the same manner as the original. The defendant, defense counsel, and Authorized Persons shall not disclose any notes or records of any kind that they make in relation to the contents of Sensitive Materials, other than to Authorized Persons, and all such notes or records are to be treated in the same manner as the original; provided, however, this paragraph shall not apply to generalized mental impressions of Authorized Persons, not reflecting the content of Sensitive Materials.
8. The United States may designate the following materials it produces to defense counsel as “Sensitive Materials”:
a. Materials containing personally identifying information as identified in Federal Rule of Criminal Procedure 49.1;
b. Rule 6 materials, including grand jury subpoena returns, witness testimony, and related exhibits presented to the grand jury;
c. Materials obtained through sealed search warrants and 2703(d) orders;
d. Sealed orders obtained by the Government’s filter team related to this case;
e. Recordings, transcripts, interview reports, and related exhibits of witness interviews; and
f. Materials obtained from other governmental entities.
The Government shall indicate to defense counsel, in discovery correspondence or otherwise, which materials constitute Sensitive Materials prior to or concurrent with disclosure.
9. Except as provided in this Order, without prior notice to the United States and authorization from the court, no Sensitive Materials, or information contained therein, may be disclosed to any person other than the defendant, defense counsel, persons employed to assist the defense, or the person to whom the sensitive information solely and directly pertains and that person’s counsel.
10. Sensitive Materials must be maintained in the custody and control of defense counsel. Defense counsel may show or provide Sensitive Materials to the defendant as necessary to assist in preparation of the defense, and defense counsel is not required to be present while the defendant reviews Sensitive Materials. However, if defense counsel does show or provide Sensitive Materials to the defendant, defense counsel may not allow the defendant to write down any personally identifying information as identified in Federal Rule of Criminal Procedure 49.1 that is contained in the Sensitive Materials. If the defendant takes notes regarding Sensitive Materials, defense counsel must inspect those notes to ensure that the defendant has not copied down personally identifying information as identified in Federal Rule of Criminal Procedure 49.1. Moreover, during any time that the defendant reviews Sensitive Materials outside of defense counsel’s presence, the defendant must not have access to any device capable of photocopying, recording, or otherwise replicating the Sensitive Materials, including a smart cellular device. Defense counsel must also ensure that all Sensitive Materials are collected and safeguarded when the defendant is no longer reviewing them.
16. Challenges to Specific Documents. The defendant may raise particularized concerns about specific documents by motion to this court.
Date: August 11, 2023
Tanya S. Chutkan TANYA S. CHUTKAN United States District Judge
Libtardaplorable©. And proud of it.
Brilliantati©
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Chicago; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Libtardaplorable©. And proud of it.
Brilliantati©
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Chicago; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana
Libtardaplorable©. And proud of it.
Brilliantati©
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
I wonder if Smith will use the bleeding sideburns episode as an example of the recklessness too. What a fucking clown show.
1998: Noblesville; 2003: Noblesville; 2009: EV Nashville, Chicago, Chicago
2010: St Louis, Columbus, Noblesville; 2011: EV Chicago, East Troy, East Troy
2013: London ON, Chicago; 2014: Cincy, St Louis, Moline (NO CODE)
2016: Lexington, Wrigley #1; 2018: Wrigley, Wrigley, Boston, Boston
2020: Oakland, Oakland: 2021: EV Ohana, Ohana, Ohana, Ohana
2022: Oakland, Oakland, Nashville, Louisville; 2023: Chicago, Chicago, Noblesville
2024: Noblesville, Wrigley, Wrigley, Ohana, Ohana