Legal Beagles

NEW: Lawyers for the Post have deposed Michael ELLIS and other Nunes allies about Nunes' March 2017 trip to the White House. They're trying to fend off Nunes' libel suit about what was incorrectly described as his "midnight run."

w/ @joshgerstein https://t.co/fSEtH3nU8A

— Kyle Cheney (@kyledcheney) January 25, 2023

Actually the WaPo lawyers are probing Nunes’ claims to figure out how strong they are, what defenses they can raise against them (up to and including dismissal, if possible; but it rarely is), and whether they should seek a settlement or a trial on the merits.

“Fend off” is what people who don’t know anything about civil suits think defense lawyers do;  but it’s not at all what they do for their clients.

HMM: Judge Kelly has canceled today’s Proud Boys trial proceedings and called a hearing instead. Comes the day after defendants indicated they might try to subpoena Trump. pic.twitter.com/YpJFH9h4X1

— Kyle Cheney (@kyledcheney) January 26, 2023

Similar; and equally unsurprising. Whether or not Trump’s testimony should be compelled requires a hearing or it’s reversible error on its face. Due process, yada yada yada. This is neither nefarious nor surprising. If defendants aren’t entitled to their witness, the court needs to air that out.

Craziest part of this is that Norm Pattis seemed to be the one who asked.

Pattis SHOULD have gotten discovery, either in this case or the Owen Shroyer one, abt DOJ's knowledge of Trump's request that Alex Jones lead the mob, pied piper like, to the PBs at the Capitol.

— emptywheel (@emptywheel) January 26, 2023

You don’t do “discovery” in criminal cases (that’s in civil suits, and yes, it is quite broad). At best you can require the prosecution turn over any possibly exculpatory material. As for the analysis, incitement could include what Trump did prior to the J6 speech. Although I doubt the judge is going to stop the trial while defendants fight Trump for his testimony (not a legal consideration, but what it would come down to). What the judge will decide is whether or not the defendants are entitled to Trump’s testimony. That will depend on what they can show they expect from Trump, and what fact issues it will raise relevant to their defense.

Which is pretty much how trials function.

Most reporting on legal matters is by people who have no clue what they’re reporting on.