NTD: ‘We’re Looking at Democrat Lawfare,’ Legal Scholar Says of Trump Cases, Trial Schedule


Legal scholar Mike Davis is calling foul after U.S. District Judge Tanya Chutkan scheduled a criminal trial against former President Donald Trump to begin the day before “Super Tuesday,” when Republican voters in more than a dozen states will choose who will lead their party in the 2024 election.

“We’re looking at Democrat lawfare on several different fronts,” Mr. Davis said in an interview with NTD News’ ‘Capitol Report’ on Tuesday.

Mr. Davis, who previously worked as the Republican chief counsel on the Senate Judiciary Committee and went on to found the Article III Project, said the timeline for President Trump’s team to prepare for the March 4 trial is unreasonable. Mr. Davis also criticized Judge Chutkan’s reasoning for allowing the March 4 start date.

“She said at the hearing setting this absurd obscenely short trial period that President Trump should have known that he was going to be indicted for a year,” Mr. Davis said. “He should have predicted he was going to be indicted. So he should have been going through his documents already for the last year, and he should just defer to the Biden Justice Department, including Jack Smith, on what they determine is important and not important on those 12 million pages of records. And then we can have this trial the day before Super Tuesday.”

Mr. Davis raised further concerns about Judge Chutkan’s ability to remain impartial, noting she was appointed by President Barack Obama and that she’d made comments about President Trump while overseeing criminal trials against his supporters who entered the U.S. Capitol on Jan. 6, 2021.

“Trump is clearly not going to get a fair trial in Washington D.C. with this Obama judge who’s clearly partisan, clearly biased against President Trump. That’s been very clear,” he said. “She’s very biased against January 6 defendants. She’s made comments about President Trump during those trials, while at the same time, she defends the much more deadly and much more destructive [Black Lives Matter] rioters across America.”

Mr. Davis defended the former president against the entire slate of civil and criminal allegations.

“We have [Manhattan District Attorney Alvin Bragg] indicting Trump for the non-crime of a businessman settling a nuisance claim,” Mr. Davis said of the alleged hush-money payment scheme in New York.

Defending against the allegations he mishandled classified documents after his presidency, Mr. Davis insisted President Trump’s actions are protected by the Presidential Records Act. The special counsel’s office argues the former president not only illegally retained classified documents but deceived federal officials who sought to retrieve those documents.

“And now we have Jack Smith and Fulton County DA, Atlanta DA Fani Willis, all Democrats, indicting Trump for the non-crime of objecting to a presidential election, which is allowed by the Electoral Count Act of 1887. Twisting arms politically is allowed by the First Amendment,” Mr. Davis said of the two criminal cases dealing with the president’s efforts to contest the 2020 election results.

Mr. Davis argued that President Trump has a viable argument to make the same venue change motion.

“I mean, there’s the Electoral Count Act of 1887 that was passed by Congress. And the president is in charge of enforcing the Electoral Count Act of 1887,” Mr. Davis said. “So he certainly has a role in ensuring that the election is fairly administered, and so does the Justice Department including Jeff Clark, and so does the White House chief of staff including Mark Meadows.”

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