🧵 COURTESY Joe Nierman aka Good Lawgic
INSIDE THE BANNON TRIAL:
We expected that today would start with peremptory challenges designed to trim pool from 22 to 12 + 2 Alt. That is not what happened.

Instead we are treated to motions in limine.

In light of last week's rulings regarding limitations on permitted defenses, specifically as his belief in executive privilege is an invalid defense. The government had an issue with the language incorporated in a letter that is expected to be admitted into evidence.

Court clarified it's position to state that Executive privilege could be referenced as it relates to Bannon mistake of fact that he thought the subpoena dates were not fixed.

Schoen inflamed that this contradicts his ruling from last week. Judge claims this was the ruling.

Court stresses that if there is a proffer by Bannon that his reason for believing that the date was not fixed was because of discussions that accommodations on appearing would be made for him because of executive privilege, that would be acceptable.

Side note:

A defendant CANNOT rely of mistake of LAW, but he CAN defend based upon mistake of FACT.

Both the government and defense seem confounded about what is admissible when a mistake of fact arises from a mistake of law.

The Court is attempting to walk that line.

Vaughn said that the Government would be fine with testimony that Bannon's attorney told him not to appear because of EP. "It shows his willfullness".

Nichols started yelling at her that the Government brought a motion ages ago to exclude all testimony about that.

Vaughn: Our motion was to exclude that as a viable defense because it would be mistake of law.

Court: No. You specifically wanted ALL testimony excluded.

Discussions held about what this case is about.

Court breaks down 4 questions to be established by government for conviction.

1. Was Bannon legally excused?
2. Estoppel by entrapment?
3. Was there a default?
4. Was default willful?

Government must prove beyond reasonable doubt "no" on 1 and 2 and "yes" on 3 and 4.
. https://twitter.com/NiermanJoe/status/1549401401922670595?s=20&t=06W-Ttk76j5uKdp-FZGwkw

Corcoran asks for 30 day continuance because there are so many moving parts. Suggests keeping the jury work completed and asking them to not follow social media.

Judge calls for 10 minute recess.

After recess, Court reads trannoscripts from last week where he made rulings on motions. Repeats Courts position that given a proffer from Bannon that he misunderstood the dates based on an expectation that EP results in accommodations regularly made that's admissible.

Warns defense, "If Bannon makes such a proffer, that opens up doorway for Vaughn to introduce unredacted letters showing he is lying and knew otherwise".
Court starts reviewing letter and recognizing that language in there is really dicey to air before a jury.

Tells parties to spend next hour working out language issues of admissible portions of letter.

Denies motion for 30 day continuance. Corcoran asks for continuance til Monday to sort this stuff. Court says, I'd like to try plowing through, but I may grant a brief continuance along what you're requesting. Let's see where you are after lunch.

Come back @ 1 PM.

END THREAD

Twitter isn’t going to win.

JUST IN - Judge allows Twitter to fast-track trial against Elon Musk.

Trial will be slated for this October, far sooner than Musk wanted.

Twitter shares jumped 4.5% on the news.

https://www.disclose.tv/id/1549435812135276544/

@disclosetv

Dictatorship.

JUST IN - Biden to issue "climate executive orders" tomorrow.

@disclosetv

NOW - Explosion at Hoover Dam in Nevada, USA.

@disclosetv

Lexington County, SC, reportedly voting to disavow Biden election on Thursday, as seen with Texas, Maricopa, Brevard, Langlade GOPs.

Bad news for the West.

NOW - Putin, Khamenei, and Erdogan holding hands in Iran.

@disclosetv

RT @JohnRLottJr: Errors in Associated Press article on how rarely active shooting cases are stopped by concealed carry permit holders https://t.co/K97N9JczGy via @CrimeResearch1
 — See More

JUST IN - Rep. Ilhan Omar (D-MN) has been arrested in D.C.

https://www.disclose.tv/id/1549460449124556802/

U.S. Capitol Police say 16 members of Congress in total have been arrested near the Supreme Court.

https://twitter.com/CapitolPolice/status/1549458496084738051

@disclosetv

It’s an insurrection if you ask me. These people are such soulless twerps.

https://twitter.com/jennifershutt/status/1549459265022300166?s=21&t=0aulr1NO07EcJIOO10V8Ig

Virtual signaling Leftwing trash trying to incite a riot & assassinations of supreme court justices for political gain.

Meanwhile, the Bannon trial continue with opening statements today.

Did you know? When you fill out permit applications in DC they literally ASK if anyone wants to be arrested ON THE APPLICATION

The Bannon trial was NOT postponed. Opening statements began this afternoon.