The clock is ticking on District Court Judge TANYA CHUTKAN'S 5 p.m. deadline for former President DONALD TRUMP's legal team to respond to special counsel JACK SMITH's proposed protection order, which would limit what evidence could be publicly shared in the case relating to Trump's alleged efforts to overturn the 2020 election. The deadline follows Chutkan's rejection on Sunday of Trump’s request for a three-day extension to respond to the order. In a series of Truth Social posts, the former president demanded her recusal, posting again this morning, calling Chutkan a “draft pick†and the special counsel's “dream†judge. “I shouldn’t have a protective order placed on me because it would impinge upon my right to FREE SPEECH.†Trump posted this morning. “Deranged Jack Smith and the Department of Injustice should, however, because they are illegally ‘leaking’ all over the place!†Trump’s attacks on Chutkan are clashing against the advice of his new lawyer, JOHN LAURO, Kyle Cheney reports, who went on to “publically disavow†Trump’s calls for recusal on Sunday, “saying Trump was speaking with a ‘layman’s political sense.’†“The back-and-forth on public airwaves and social media underscores the familiar tension between Trump and his legal team, which has been rocked by infighting, departures and conflicting advice in recent months.†HOW WILL IT PLAY WITH A JURY?: THE PROSECUTION — “Jack Smith Is Known to Take On Tough Cases. But He Doesn’t Always Win,†by WSJ’s Sadie Gurman and James Fanelli: “Smith led the Justice Department’s public corruption unit more than a decade ago, when it brought several cases against lawmakers and politicians that legal experts say were based on far-reaching interpretations of federal law that sometimes backfired before juries and courts. “Now he faces the most consequential case of his extensive career, the prosecution of Donald Trump on charges that he conspired to undo his 2020 election loss. In doing so, Smith is relying on theories that present legal questions that some experts say could go either way in court.†HOW WILL IT PLAY WITH A JURY?: THE DEFENSE — Meanwhile, Trump’s legal team continues to battle to move the former president’s criminal case outside of D.C., with arguments that “center on two claims: that Washington D.C.’s liberal politics would deprive him of an impartial jury, and that the Jan. 6, 2021 attack on the Capitol stirs an emotional response in Washington, D.C. residents that is unique to the region,†Kyle writes. “His lawyer, John Lauro, said Sunday he intends to survey D.C. residents to back up these claims and present findings to the judge.†Still, Kyle writes, the Trump team’s demand is “unlikely to fare any better†than previous requests that Chutkan rejected in hundreds of cases related to the Jan. 6 attack on the Capitol. “At the heart of Chutkan’s analysis — like most of her colleagues’ as well — is a rejection of Trump’s premise. Just because a juror is affiliated with one political party — and even opposes the political views of someone facing charges — does not mean they are incapable of setting aside those views to judge a case based on evidence and facts.†Speaking of Trump and Washington: Trump’s social media post last week lamenting the “filth and decay†in D.C. is just the latest in his ongoing feud with a capital city that “has never been particularly friendly†towards him, AP’s Ashraf Khalil reports. “He continued his attacks on the city Sunday, calling for a federal takeover of the nation’s capital.†ABOUT THOSE OTHER CASES — Meanwhile in Miami … Federal Judge AILEEN CANNON, who is presiding over the president's classified documents case in Florida, seemingly revealed that prosecutors in the special counsel’s office are continuing to investigate the case using an “out-of-district†grand jury. In a new court filing, Cannon demanded an explanation from prosecutors for the practice, and struck down two of their sealed files. And in Georgia … An indictment in Fulton County AG FANI WILLIS’ investigation into Trump's alleged interference in the 2020 election isn’t likely to come for a few days — or possibly as late as next week, Greg Bluestein, Patricia Murphy and Tia Mitchell report for the Atlanta Journal-Constitution. One clue on timing: “subpoenaed witnesses have yet to receive their 48-hour notice to testify behind closed doors.†Some legal observers following Willis’ investigation expect that she will seek an additional indictment against the former president on racketeering charges. “Georgia’s [Racketeer Influenced and Corrupt Organizations] law is a powerful tool for Willis, who has skillfully applied it in the past,†WSJ’s Jan Wolfe and Cameron McWhirter report from Atlanta. “The RICO statute lends itself well to the Georgia investigation because Trump allies around the country tried a range of tactics to keep him in power.†And in New York … Judge LEWIS KAPLAN dismissed Trump’s counterclaim this afternoon that E. JEAN CARROLL defamed him after she won a $5 million suit against him in a sexual assault and defamation case in May. In June, Trump’s legal team filed a counterclaim, pointing to comments Carroll made on CNN suggesting that Trump had raped her, and claiming defamation. Today, Kaplan wrote that Carroll’s comments were “substantially true.†From the ruling: “Unlike the jury’s finding on the Penal Law ‘rape’ question, its finding on the sexual abuse question — and specifically its implicit determination that Mr. Trump digitally raped her — is conclusive with respect to this case. As a result, Ms. Carroll’s statements are ‘substantially true.’†The dismissal … More from CNBC Good Monday afternoon. Thanks for reading Playbook PM. Drop me a line: [email protected].
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