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‘Put Up or Shut Up’: Chutkan Order to Trump Praised by Legal Experts

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Legal experts closely following defendant Donald Trump’s myriad of criminal and civil trials are praising U.S. District Judge Tanya Chukan’s order on Wednesday requiring the ex-president to prove the basis for the defense he has claimed he is expecting to use in the prosecution against him for allegedly attempting to overturn the 2020 election.

“Judge Chutkan will require Trump to disclose by Jan. 15 whether he intends to use an ‘advice of counsel’ defense in his Washington, D.C. trial — and to provide relevant documentation of that defense at the same time,” Politico’s Kyle Cheney reports.

Trump is expected to allege he cannot be guilty of the crimes he is charged with because he acted on the “good faith” advice of his attorneys. He would have to have “made full disclosure of all material facts to his attorney before receiving the advice,” according to Chutkan’s Wednesday opinion and order.

Judge Chutkan adds that if he does invoke that defense, Trump must waive attorney-client privilege and provide the court with all documents and evidence related to his claim, even any that undermine his assertions.

READ MORE: Fox News Host After GOP Losses: ‘What’s Most Important? Republicans Taking Over’

“Very good development,” writes constitutional law professor and former Deputy Asst. Attorney General Harry Litman. “Trump has to put up or shut up on this well in advance.”

“Short point is that he doesn’t have the legal basis for asserting advice of counsel– and he’d have to waive privilege–so getting it out in the open early will preempt them from pulling fast ones,” Litman also writes.

Joyce Vance, also a professor of law and former U.S. Attorney says, “Trump will have a heavy lift convincing the Judge to permit him to use an advice of counsel defense at trial, among other things because you can’t rely on the advice of your co-conspirators, even if they’re lawyers. If the Judge rules against him, it can’t be mentioned at trial.”

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Rep. Kat Cammack Blames Left for Difficulty Getting Care for Her Ectopic Pregnancy

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Rep. Kat Cammack (R-FL) blamed the left for the trouble she had in getting her ectopic pregnancy treated.

In an appearance on Fox News Friday morning, surfaced by journalist Aaron Rupar, Cammack talks about her difficulty getting care for an ectopic pregnancy. An ectopic pregnancy is when an embryo implants itself in the fallopian tube or anywhere else other than the uterus.

“In my case, I was five weeks pregnant. There was no heartbeat and no ectopic pregnancy is viable, and that’s so important, because the mother needs care immediately. But unfortunately, women’s health care has been subject to the worst politic fear mongering that you can experience,” Cammack said. “These healthcare providers had been receiving pro-abortion lobby ads… that were threatening and scaring doctors away from helping women, saying that they could lose their license, they could go to jail.

“In fact, in the room, I had nurses and doctors showing me these advertisements, saying that they felt uncomfortable because they didn’t want to go to jail. They wanted to help me, but they couldn’t. They felt like they couldn’t do anything,” she continued.

“The left absolutely played a role in making sure that doctors and women were scared to seek out the help that they needed. And so I think that this is a wake up call,” Cammack said. “We need to get the politics out of women’s health care.”

READ MORE: DeSantis Busted by Florida Paper Over ‘Horrific’ Abortion Debate Tale

Florida bans abortion at six weeks from the first day of the parent’s last menstrual period, according to the ACLU. Most people discover they’re pregnant about eight weeks after the first day of their last period, according to the Cleveland Clinic.

The law only allows abortions after the six-week mark under certain conditions. Physicians must certify in writing that there is “a medical necessity for legitimate emergency medical procedure” that could kill the pregnant person or cause a “imminent substantial and irreversible physical impairment of a major bodily function … other than a psychological condition.” The law requires two physicians to sign off, in writing, except in the case of emergencies, then only one physician is needed.

There is a provision for if the fetus as a fatal abnormality as long as it’s before the third trimester and, again, two physicians certify it in writing. Though there is an exception for pregnancy in the case of rape, incest or human trafficking, the pregnant person must provide evidence like a police report or court order. They must also do so before the 15-week mark.

The law also doesn’t define ectopic pregnancy, according to the Wall Street Journal, though regulators say treating an ectopic pregnancy doesn’t count as abortion, and is not covered by the law. Still, the draconian punishments outlined by the law have doctors worried.

Physicians who violate the law are committing a third-degree felony, which can be punished by up to five years in prison and fines up to $5,000. Doctors may also lose their medical license. Many doctors are unsure “whether their clinical judgment will stand should there be any prosecution,” Dr. Alison Haddock, president of the American College of Emergency Physicians, told the Wall Street Journal.

Image via Shutterstock

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Over Two-Thirds of Voters In Favor of Birthright Citizenship as SCOTUS Set to Decide

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The Supreme Court is expected to rule on birthright citizenship—automatic citizenship for anyone born in the U.S.—Friday morning. Ahead of that decision, a new poll says over two-thirds of American voters are in favor of keeping it.

A new poll by Emerson College shows that 67.9% of voters say that birthright citizenship should continue for anyone born in the United States, compared to 32.1% who say it should no longer apply to the children of undocumented immigrants.

The notion is particularly popular among Democrats (89.5%) and independent voters (66.1%), but Republicans were just about evenly split. Slightly more Republicans, 50.7% felt that birthright citizenship should end for undocumented immigrants, while 49.3% were in favor of keeping it.

The poll surveyed 1,000 voters over June 24-25, and has a margin of error of 3%.

READ MORE: ‘Why Even Have the Statue of Liberty?’: Internet Blasts Lindsey Graham for Bill to End Birthright Citizenship

Earlier this year, President Donald Trump signed an executive order that would strip birthright citizenship from the more than 150,000 children born yearly to undocumented immigrants in the United States, according to Reuters.

Federal judges have issued injunctions against the executive order, saying it violates the 14th Amendment to the Constitution. The 14th Amendment lays out the rules granting citizenship. Section 1 begins “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The matter is before the Supreme Court, and it is expected to rule on the case Friday morning, the last day of the current term. The Court has a 6-3 conservative lean, with three of the justices appointed by Trump.

The current Court has made a number of controversial decisions favoring Trump, most notably in Trump v. United States. That 2023 ruling decided that the president has wide-ranging legal immunity from criminal prosecution. Though the president has no immunity for unofficial acts as president, all official acts have “presumptive immunity,” meaning prosecutors would have to prove why immunity wouldn’t apply.

The Court has also ruled against Trump this term. In AARP v. Trump, the court ruled 7-2 that Trump could not immediately deport Venezuelan nationals. The Court ruled that the potential deportees needed at least 24 hours notification so they could organize a defense.

Many legal experts do not know what to expect from the Court’s ruling on birthright citizenship, according to the SCOTUSblog. Though the current Court has often gone along with Trump, birthright citizenship has been long enshrined in case law.

Image via Shutterstock

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GOP INCOMPETENCE

Democratic Reps Say FEMA Cuts Are Leading to Hurricane Katrina-Level Disaster

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In a new op-ed, Democratic Reps. Rick Larsen of Washington and Greg Stanton of Arizona draw parallels to the Trump administration’s cuts to the Federal Emergency Management Agency, better known as FEMA, and the lead-up to the devastation caused by 2005’s Hurricane Katrina.

The Hill published the representatives’ op-ed on Thursday. They warn that hurricane season is coming and FEMA is in “disarray,” pointing out that President Donald Trump has called on Homeland Security Secretary Kristi Noem to dismantle FEMA by the end of the year.

“It’s eerily reminiscent of the summer of 2005, when hasty organizational changes, brain drain and unqualified leadership plagued FEMA in the lead up to its catastrophic response to Hurricane Katrina. The images we saw along the Gulf Coast then shocked the nation, and communities are still recovering to this day,” Larsen and Stanton wrote. “As we approach the 20-year anniversary of that catastrophe, this administration seems dead set on repeating history’s mistakes.”

READ MORE: No Trump, No FEMA? Tornado Ravaged City’s Mayor Pleads for Federal Assistance

The representatives pointed out that the Department of Government Efficiency got rid of 2,000 FEMA workers. The White House had also been approving and denying requests for disaster relief funds without informing FEMA, according to CNN, causing delays.

“As Trump hobbles FEMA’s disaster preparation, he’s also playing politics with federal funding for recovery. So far, almost every approved disaster declaration has been for Republican-led states, while requests from Democratic governors — including Washington — remain pending or have been denied outright. Even conservatives have had to grovel to Trump for federal assistance,” the representatives wrote.

Larsen and Stanton are referring to actions like Trump’s desire to tie California’s disaster relief to the passage of a voter ID law. Another example is when Arkansas Gov. Sarah Huckabee Sanders, Trump’s former press secretary, had to publically beg Trump to reverse his decision to deny aid after tornadoes hit the state.

During Trump’s second term, the United States’ disaster response record has not been great. During his January tour of parts of North Carolina damaged by Hurricane Helena, he called FEMA “not good.”

“FEMA turned out to be a a disaster. And you could go back a long way, you could go back to Louisiana, you could go back to some of the things that took place in Texas. And it turns out to be the state that ends up doing the work. It just complicates it. I think we’re gonna recommend that FEMA go away. And we pay directly and we pay a percentage to the state, but the state should fix it,” Trump said at the time.

And in May, when tornadoes hit states including Kentucky, Missouri and Illinois, St. Louis, Missouri Mayor Cara Spencer said that FEMA was completely absent, despite the devastation.

“FEMA has not been on the ground—we do not have confirmed assistance from FEMA at this point,” Spencer said. “I do want to say, however, every other level of government has been on the ground with us, helping in every capacity possible. But when you have a disaster of this scale, eight miles of just pure destruction, this tornado didn’t just touch down and leave, this tornado ripped through our community for a full eight miles in the city of St. Louis, and this is an area that has needed help, that we need investment, you know, our North St. Louis has been neglected for a long time, and we need the help of our partners here.”

At the time, Noem said that she’d spoken to the governors of those states and offered resources. But she also said the feds would defer to local governments.

“We discussed how while emergency management is best led by local authorities, we reinforced that DHS stands ready to take immediate action to offer resources and support,” Noem wrote on X, formerly Twitter. “Local emergency managers should swiftly notify people in the affected areas to take action to protect themselves and their belongings. DHS stands ready to help when a state needs, requests, and declares an emergency.”

Image via Reuters

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