UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA,

v.
Case No. 23-257 (TSC)
DONALD JOHN TRUMP,

Defendant.

MOTION FOR CONDITIONAL INTERVENTION

Comes now John Doe, in propria persona, stating the following in support of this Mo-

tion for Conditional Intervention, pursuant to the Tenth Amendment of the United States

Constitution and D.C. LCrR 57.6:

INTRODUCTION

1. A long time ago, in a galaxy, far, far away, there once was a Republic called the United

States of America, where “[t]he law [was] no respecter of persons,” Trist v. Child, 88 U.S.

441, 453 (1875), and "[e]veryone [stood] alike as equals under the law.” Wilson v. Vermont

Castings, 977 F. Supp. 691, 699 (M.D. Pa. 1997) (jury instructions). Where “the kind of

trial a man [got did not depend] on the amount of money he has," Griffin v. Illinois, 351 U.S.

12, 19 (1956) or his station in life.

1
 2. In that magic land, the people entrusted the power of resolving disputes to “judges,”

who were given lifetime sinecures on the sole condition that they do their jobs faithfully and

in every case, so they could be insulated to the extent possible from the pressures of partisan

politics.

3. These “judges” were granted broad latitude within the confines of their well-defined

fiefdoms, provided that their good offices were exercised in furtherance of implementation

of the dictates of the Constitution under which they governed.

4. But the Framers understood that even this formidable protection would not always be

sufficient to preserve the rule of law, “as permanent judges acquire an Esprit de corps, that

being known they are liable to be tempted by bribery, that they are misled by favor, by

relationship, by a spirit of party, [or] by a devotion to the Executive or Legislative,” Thomas

Jefferson, Letter (to L’Abbe Arnoux), Jul. 19, 1789, and that faction would corrode the safe-

guards built into their elegant system. George Washington, The Address of Gen. Washing-

ton to the People of America on His Declining the Presidency of the United States, Clay-

poole's American Daily Advertiser (Sept. 19, 1796).

5. Understanding that the Republic would not keep itself, the Framers preserved the array

of remedial tools available to Englishmen, including the authority to enforce the law by pri-

vately prosecuting criminals that those who acquire power would otherwise absolve.1

1
“[O]ne of the ultimate sanctions [of the common law] is the right of private persons to lay informations and
bring prosecutions,” Lund v Thompson [1958] 3 All E.R. 356, 358; accord, Gouriet, infra., at 498, and it was
a well-established principle of statutory construction that "[t]he common law ... ought not to be deemed to be
repealed, unless the language of a statute be clear and explicit for this purpose." Fairfax's Devisee v. Hunter's
Lessee, 11 U.S. 603, 623 (1813). "Statutes which invade the common law ... are to be read with a presumption
favoring the retention of long-established and familiar principles, except when a statutory purpose to the con-
trary is evident [and] to abrogate a common-law principle, the statute must "speak directly" to the question
addressed by the common law.” United States v. Texas, 507 US 529, 534 (1993) (quotations and citations
omitted). Congress has never attempted to abolish this right, and as it is a fundamental right essential to preser-
vation of our liberty not relinquished in the Constitution, it doesn’t have the power to. U.S. Const. amend. X.

2
 6. On information and belief, Judge Aileen Cannon of the Southern District of Florida

and six of the nine sitting Supreme Court Justices2 (“the Conspiring Judges”), are active

participants in a criminal conspiracy to assist Defendant Trump “in order to hinder or prevent

his apprehension, trial or punishment.” 18 U.S.C. § 3.

7. In a manner eerily reminiscent of National Enquirer chairman David Pecker’s crim-

inal scheme to “catch and kill” salacious stories about Defendant Trump to aid him in his

2016 run for the Presidency, on information and belief, the Conspiring Judges are attempting

to “catch and kill” the Government’s criminal cases by delaying their resolution in the hope

that he will again become President, and order his hand-picked Acting Attorney General to

abandon the prosecution.

8. As demonstrated in detail in the supporting brief, the Conspiring Judges have rewrit-

ten the Constitution under the fraudulent guise of interpreting it, which is “a flagrant

As Canada’s Department of Justice observes, the right (and duty) to initiate a private criminal prosecution is
one of those common law safeguards—"a valuable constitutional safeguard against inertia or partiality on the
part of authority," Gouriet v. Union of Post Ofc. Workers, [1978] A.C. 435, 477 (H.L.) (Canada)—flourishing
a pedigree as old as the common law itself. Canada Dept. of Justice, The Federal Prosecution Service Desk-
book, Part IV, ch. 26 (undated; copy on file). As explained in detail in the accompanying brief, this right is in
some form ubiquitous throughout the civilized world, and one no well-informed populace would knowingly
cede.
The system was not perfect, especially when seen through a racial lens. E.g. Blyew v. United States, 80 U.S.
581, 598 (1872) (Bradley, J., dissenting) (“colored persons [were] disqualified by the laws of Kentucky to
testify”). In the ironic prose of Scalia, “what has been taken away from [the defendant] has been taken away
from us all.” Michigan v. Bryant, 562 U.S. ___, 131 S.Ct. 1143, 1176 (2011) (Scalia, J., dissenting).
2
At the risk of stating the obvious, Chief Justice Roberts, and Justices Thomas, Alito, Gorsuch, Kavanaugh,
and Barrett.

3
perversion of the judicial power,” Heiner v. Donnan, 285 U.S. 312, 331 (1932), and mani-

festly beyond their lawful authority, in furtherance of this conspiracy.3

9. On information and belief, as alleged in detail in the supporting brief, the Conspiring

Judges are motivated by ideology, ambition, and avarice.4

10. On information and belief, even Speaker of the House Mike Johnson is a knowing and

active participant in said conspiracy. Luke Broadwater, Johnson Says Supreme Court Should

Step In to Overturn Trump’s Conviction, N.Y. Times, May 31, 2024, at https://www.ny-

times.com/2024/05/31/nyregion/mike-johnson-trump-conviction.html (“Mr. Johnson said

he knew some of the justices on the Supreme Court personally…”)

11. On the face of it, American judges have become so timorous and our prosecutors, so

thoroughly cowed,5 that “equal justice under law” is reduced to a shibboleth on the frieze of

the Supreme Court building, replaced by the sole remaining principle of Animalism:

3
E.g., in his opening statement during his job interview, Brett Kavanaugh’s Opening Statement to Senate Ju-
diciary Committee, CNN, Sept. 4, 2018 (unpaginated), Judge Kavanaugh had much to say about the judging
process. The judge “must interpret the Constitution as written, informed by history and precedent,” and “inter-
pret the law, not make the law.” Importantly, citing Federalist 83, he adds that “rules of legal interpretation are
rules of common sense.” Id.
When Kavanaugh cared about an issue, and wanted to burnish his judicial resume, he displayed a fine grasp
of how to write a proper opinion: “As the Supreme Court has indicated, it is always important in a case of this
sort to begin with the constitutional text and the original understanding, which are essential to proper interpre-
tation of our enduring Constitution.” Free Enterprise Fund v. Public Company Accounting Oversight Bd., 537
F.3d 667, 688 (D.C.Cir. 2008) (Kavanaugh, J., dissenting).
4
While our Justices are for sale, they most certainly don’t come cheap. The steady stream of thinly-disguised
bribes—developer Harlan Crow is that generous with all of his friends, right?—aimed at Justice Thomas in-
cludes a $500,000 cash payment to Thomas’ wife, an undisclosed number of trips on Crow’s yacht and private
jet, a $175,000 library wing named in his honor, several million to turn the cannery his mother once worked
for into a museum—a project reportedly initiated by Thomas himself—and the Bible of firebrand Black abo-
litionist Frederick Douglass, valued at $19,000. Mike McIntire, The Justice and the Magnate, N.Y. Times, Jun.
19, 2011, at A-1.
5
Saying that lawyers treat the judges with deference fails to capture the interaction; it is more accurate to say
that lawyers bow and scrape. Some lawyers have elevated fawning to an art form, pulling it off with subtle
elegance. But few tell a judge she is wrong." Carl T. Bogus, "Culture of Quiescence," 9 Roger Williams U.L.
Rev. 351, 352 (2004). To not put too fine a spin on it, federal prosecutors flinch at every new and bizarre order
from Judge Cannon.

4
 ALL ANIMALS ARE EQUAL
BUT SOME ANIMALS ARE MORE EQUAL THAN OTHERS.6

12. Movant has no desire to interrupt Special Counsel Jack Smith’s work, but the defense

of our Republic is not a luxury. “No man is an island … therefore never send to know for

whom the bell tolls; It tolls for thee.” John Donne, Meditation XVII (1624).

13. Whereas in theory, “[t]here are no hereditary Kings in America,” A.C.L.U. v. N.S.A.,

No. 06-cv-10204 (E.D.Mich. Aug. 17, 2006), slip op. at 40, one would be forgiven for doubt-

ing it when observing the grotesquely obsequious treatment extended by our prosecutors and

judges to Defendant Trump.

14. As Eugene Debs literally ran for the Presidency from prison, Terence McArdle, The

socialist who ran for president from prison—and won nearly a million votes, Wash. Post

(Sept. 22, 2019), Defendant Trump’s status does not entitle him to special treatment.

15. Although it is equally well known that the quality of consideration one’s civil claims

receive in federal courts is a direct function of the size of one’s exchequer and status in life—

the last time monkeys had more rights than humans in America, Charlton Heston was the

6
George Orwell, Animal Farm 103 (Signet Books, 1996) (1946); cf., The Declaration of Independence, ¶ 2
(U.S. 1776) (“We hold these truths to be self-evident, that all men are created equal...”).

5
star7—the notion that “Elton John Justice” (“Rich man can ride, but the hobo, he can drown,”

Elton John, Mona Lisas and Mad Hatters (MCA 1972)), would also extend to criminal law

is fifty shades of grotesque.

16. On information and belief, as a former federal prosecutor observes, Defendant Trump

has received treatment in our court system only extended to demigods:

“The deference Trump receives is evident in the court proceedings against him as well.
For example, there is the enormous discounting of his required bond by an appeals court,
the generous set of pretrial release conditions for a defendant facing dozens of felony
counts across three jurisdictions, kid-gloves gag orders on his insults and veiled threats
against witnesses, prosecutors, and judges, and no real enforcement of his apparent bla-
tant violations of those gag orders.”

Shan Wu, Trump’s Hardest Fight May Be Staying Awake in Court, Daily Beast, Apr. 15,

2024, https://www.thedailybeast.com/trumps-hardest-fight-may-be-staying-awake-in-court;

see also, e.g., Jonathan Alter, Trump’s Contempt for His Court Is So Pervasive It Has Be-

come Routine, N.Y. Times, May 2, 2024, at https://www.nytimes.com/2024/05/01/opin-

ion/trump-trial-contempt.html.

17. Cognizant of the fact that, to a (reputed) billionaire, a $1,000 fine has all the impact

of a parking ticket, Justice Juan Merchan of the New York Supreme Court stated:

“Mr. Trump, it’s important to understand that the last thing I want to do is put you in
jail.

7
Whereas a Supreme Court Justice in New York granted a habeas motion for a chimpanzee, Fiona MacDonald,
A Judge Just Temporarily Gave Chimpanzees Human Rights For The First Time, Science, Apr. 22, 2015, at
https://www.sciencealert.com/a-judge-just-temporarily-gave-chimpanzees-human-rights-for-the-first-time,
according to retired federal district judge Nancy Gertner, judges are quite literally trained on “how you get rid
of [pro se civil rights] cases.” Nancy Gertner (blog reply), Civil jury trials, summary judgment, employment
cases and the Northern District of Georgia study–preliminary observations, Hercules and the Umpire (blog of
Senior Judge Kopf of the District of Nebraska), Oct. 22, 2013 (copy on file). Judge Mark Bennett of the North-
ern District of Iowa earned the nickname “The Terminator” for summarily dismissing pro se employment law
cases. Mark W. Bennett, Essay: From the “No Spittin’, No Cussin’ and No Summary Judgment” Days of
Employment Discrimination Litigation to the “Defendant’ s Summary Judgment Affirmed Without Comment”
Days: One Judge’ s Four-Decade Perspective, 57 N.Y.L. Sch. L. Rev. 685, 688 & n. 11 (2012–2013).

6
 You are the former President of the United States and possibly the next President, as
well.

There are many reasons why incarceration is truly a last resort for me. To take that step
would be disruptive to these proceedings, which I imagine you want to end as quickly
as possible.

I also worry about the people who would have to execute that sanction: the court offic-
ers, the correction officers, the Secret Service detail, among others. I worry about them
and about what would go into executing such a sanction.

Of course, I'm also aware of the broader implications of such a sanction. The magnitude
of such a decision is not one-sided.

But, at the end of the day, I have a job to do, and part of that job is to protect the dignity
of the judicial system and compel respect.

Your continued violation of this Court’s lawful Order threaten to interfere with the ad-
ministration of justice in constant attacks which constitute a direct attack on the rule of
law. I cannot allow this to continue.”

Trial Transcript, People v. Donald John Trump, No. SMZ 71762-24 and SMZ 71764-24

(N.Y.Sup.Ct. Part 59) (May 6, 2024) at 2350.

18. On information and belief, New York’s Riker’s Island is perfectly capable of housing

Defendant Trump. Dana Rubinstein, Adams Says Rikers, Staffed by ‘Professionals,’ Is

Ready for Trump, N.Y. Times, May 7, 2024, at https://www.nytimes.com/2024/05/07/nyre-

gion/adams-trump-rikers.html.

19. Defendant Trump signed a standard agreement for pre-trial release in this matter,

conditioned on his not “violat[ing] federal, state, or local law while on release.” ECF 13 and

13-1.

20. On or about April 30, 2024, Defendant Trump was convicted of nine counts of criminal

contempt in the state of New York, Decision and Order, People v. Donald John Trump, No.

7
SMZ 71762-24 and SMZ 71764-24 (N.Y.Sup.Ct. Part 59, Apr. 30, 2024), which this Court

may take judicial notice of.8

21. As Defendant Trump has “violated a condition of release,” this Court has authority to

act sua sponte under 18 U.S.C. § 31489 to remand him to custody pending trial on the merits.

22. On information and belief, on or about May 22, 2024, Defendant Trump caused an e-

mail to be sent to supporters claiming, “They were authorized to shoot me!” “I nearly es-

caped death.[sic] Biden’s DOJ was locked and loaded for deadly force at Mar-a-Lago …”

Zachary B. Wolf, This email will shock you! But it’s just Trump trying to raise money, CNN,

May 24, 2024, at https://edition.cnn.com/2024/05/22/politics/donald-trump-fundraising-

email-what-matters/index.html.

23. On information and belief, Defendant Trump was at his residence in Bedminster, N.J.

at the time the Mar-a-Lago search warrant was executed; it is difficult for even Seal Team 6

to assassinate anyone from over 1,000 miles away.

24. On information and belief, there is no evidence to support the claim that the lawful

search of Defendant Trump’s Mar-a-Lago “residence” constituted a credible threat to assas-

sinate him. See generally, Government’s Motion for Modification of Release, United States

v. Trump, No. 23-80101-CR-CANNON(s) (“the Florida Case”), ECF #581 at 2-3 (S.D.Fla.

8
Accessed on-line at https://static01.nyt.com/newsgraphics/documenttools/099a29c4a13b27db/77ba144c-
full.pdf on May 27, 2024.
9
18 U.S.C. § 3148 provides, in pertinent part:
(a) Available Sanctions.—
A person who has been released under section 3142 of this title, and who has violated a condition
of his release, is subject to a revocation of release, an order of detention, and a prosecution for
contempt of court.
(c) Prosecution for Contempt.—
The judicial officer may commence a prosecution for contempt, under section 401 of this title, if the
person has violated a condition of release.

8
filed May 24, 2024) (explanation of FBI’s standard policy limiting use of deadly force during

execution of warrants).

25. Whereas Defendant Trump is free to lie to his followers as often as he desires—it

appears to be his business model—falsely insinuating in a fundraising letter that the Presi-

dent intends to assassinate you (and nearly succeeded!) to attract donations constitutes wire

fraud. 18 U.S.C. § 1343.10

26. In addition, Defendant Trump is reported to have admitted being in possession of a

firearm during his recent probation interview. John Miller, Meanwhile, Trump said during

pre-sentencing interview he had a gun in Florida, weeks after his conviction, CNN, Jun. 11,

2024 (“Trump’s New York gun license was suspended after his arrest in 2023 by the Man-

hattan District Attorney’s office and, now as a result of his conviction, his license is being

revoked, according to New York City Police.”). But see, United States v. Quiroz, 629 F. Supp.

3d 511, 513 (W.D. Tex. 2022).

27-30. [Reserved.]

31. The more pressing danger is that, on information and belief, Mr. Trump commands

an army of berserkers, akin to Hitler’s Sturmabteilung (a/k/a “Stormtroopers” or “Brown-

shirts”), which include a sitting Congressperson, intent on visiting a reign of terror on society

in his service.11

10
Section 1343 provides, in pertinent part:
“Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining
money or property by means of false or fraudulent pretenses, representations, or promises, transmits or
causes to be transmitted by means of wire, radio, or television communication in interstate or foreign
commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or
artifice, shall be fined under this title or imprisoned not more than 20 years, or both.
11
See e.g., Ryan J. Reilly, Trump supporters try to dox jurors and post violent threats after his conviction, NBC
News, May 31, 2024, https://www.nbcnews.com/politics/donald-trump/trump-supporters-try-doxx-jurors-vio-
lent-threats-conviction-rcna154882; Motion to Modify Conditions of Release by USA as to Donald J. Trump,
The Florida Case, ECF #592, Exh. 4, filed May 31, 2024 (image below, at paragraph 32).

9
 32. On information and belief, said berserkers, acting with Defendant Trump’s knowledge

and encouragement, have transmuted his deliberate misrepresentation into an explicit accu-

sation that President Biden intended to assassinate him (see e.g., TruthSocial post below,

retrieved May 30, 2024):

33. On information and belief, these deceptive and inflammatory claims expose partici-

pants in this case and their families to the sort of threats and harassment that have occurred

when others have been targeted by Defendant Trump’s invective.

34. When the Government petitioned the judge in the Florida Case to modify Defendant

Trump’s conditions of release “to make clear that he may not make statements that pose a

significant, imminent, and foreseeable danger to law enforcement agents participating in the

investigation and prosecution of” the Florida Case, ECF # 581 at 1, the hopelessly con-

flicted12 Judge Aileen Cannon did not exercise her inherent Section 3148(c) authority to act

12
Section 455(a) of Title 28 of the United States Code provides: Any justice, judge, or magistrate judge of the
United States shall disqualify himself in any proceeding in which his impartiality might reasonably be ques-
tioned.” Even Mr. Trump would be forced to concede that a judge who was (1) appointed by a defendant and
(2) improperly interfered in a criminal investigation (3) in a matter where the outcome would have a substantial
likelihood of affecting her career prospects and (4) failed to disclose lavish partisan ‘gifts’ from Trump allies,
see Overview of Privately Funded Seminars Disclosure System, United States Federal Courts (website), at
https://www.uscourts.gov/judges-judgeships/privately-funded-seminars-disclosure/overview-privately-
funded-seminars-disclosure (accessed May 14, 2024), is one in which “[her] impartiality might reasonably be
questioned.” Cf., United States v. Bobo, 323 F. Supp. 2d 1238, 1240 (N.D.Ala. 2004) (case involving Alabama
Governor Don Siegelman, wherein a federal district judge recused sua sponte on the grounds that his “‘distant

10
but rather, chose instead to berate counsel for not sufficiently conferring with defense coun-

sel. Id., ECF #584.

35. While history might not repeat itself, it has a definite tendency to rhyme:

The shameful conduct of German judges under the Hitler regime was symbolised by the
appalling behaviour of the fascist judge Roland Freisler and highlighted by the trial of
Nazi judges in Nuremberg in 1947.

A handful of courageous judges, however, remained true to their vocation and acted as
the conscience of the German judiciary. Among them were Fritz Bauer and Lothar
Kreyssig.

Tom O’Connor, Our Legal Heritage: The judges who defied the Nazis, Scottish Legal News,

Jan. 27, 2023, https://www.scottishlegal.com/articles/our-legal-heritage-the-judges-who-de-

fied-the-nazis.

36. If this Court does exercise its inherent authority, it should consider evidence that

Defendant Trump may be suffering from advancing dementia,13 and order an appropriate

relationship’ to [Siegelman’s political rival] Governor Riley [not a party to the action], plus mere attendance
at private political functions for Bob Riley two years ago," could raise some public confidence issues.)
A competent federal judge who could read newspapers, Jay Weaver, Some want judge to recuse herself in
Trump case. Can and should that still happen?, Miami Herald, (Jun. 23, 2023), at https://www.miamiher-
ald.com/news/politics-government/article276631871—would be aware of appearance of a conflict, and con-
sult Charles C. Geyh, Judicial Disqualification: An Analysis of Federal Law, 3d. ed. (Federal Judicial Center,
2020), learning that “there may be circumstances in which the ties between the judge and the public official
are so close, and the consequences of a ruling adverse to the official are so dire, that disqualification is appro-
priate regardless of the capacity (if any) in which the official is sued.” Id. at 27.
13
“The 2024 election is in full swing and yes, age is an issue,” noted Biden, 81. “I’m a grown man running
against a six-year-old.” https://www.youtube.com/watch?v=CWRBdk7urxo. Fact check: There is more going
on here than meets the eye.
As Howard Stern’s fans knew well, twenty years ago, Mr. Trump was a lovable, articulate, and urbane imp.
E.g., https://www.youtube.com/watch?v=qwJXyKKKyW0. But something happened. These experts suspect
dementia: E.g., Dr. Lance Dodes. Aleks Philips, Donald Trump Dementia Evidence 'Overwhelming,' Says Top
Psychiatrist, Newsweek, Mat. 20, 2024, https://www.newsweek.com/donald-trump-dementia-evidence-over-
whelming-top-psychiatrist-1881247; Dr. Harry Segal, Cornell expert says Trump’s frequent phonemic para-
phasia ‘are signs of early dementia’, Cornell U., Mar. 11, 2024, https://news.cornell.edu/media-relations/tip-
sheets/cornell-expert-says-trumps-frequent-phonemic-paraphasia-are-signs-early; Dr. David A. Lustig. David
McAfee, Psychologist says Trump's latest rally 'consistent with a diagnosis of dementia', RawStory, Mar 2,
2024, https://www.rawstory.com/trump-psychologist-dementia-rally/; Dr. Elisabeth Zoffmann. Chauncey De-
Vega, Forensic psychiatrist on physical signs of Trump's mental decline: "Changes in movement and gait",

11
Salon, Mar. 25, 2024, https://www.salon.com/2024/03/25/forensic-psychiatrist-on-physical-signs-of-mental-
decline-changes-in-movement-and-gait/.
Trump’s own people called his intelligence into question. Former White House chief strategist Steve Ban-
non said in November 2017 that Trump was “like an 11-year-old child.” At a dinner in July 2017, General
McMaster mocked him, calling him an “idiot,” BuzzFeed News reported. At the dinner, which was with Oracle
CEO Safra Catz, McMaster also said Trump was a “dope” with the intelligence of a “kindergartner,” according
to that report. Former Secretary of State Rex Tillerson in July 2017 called Trump a “moron.” Both Treasury
Secretary Steven Mnuchin and former chief of staff Reince Priebus called Trump an “idiot,” Wolff wrote.
Former economic adviser Gary Cohn said Trump was “dumb as shit.” Defense Secretary Mattis said Trump
had the understanding of “a fifth- or sixth-grader.” https://www.politico.com/story/2018/09/04/trumps-insults-
idiot-woodward-806455.
But the younger Donald Trump was not a stupid man.
As Dr. John Gartner observes, while the younger Trump spoke in polished paragraphs, today’s Trump "is
cognitively deteriorated. He's showing signs of dementia...His vocabulary is impoverished.” Trump’s Cogni-
tive Decline (YouTube video), Sep. 21, 2020, at https://www.youtube.com/watch?v=5axgsXtwHMc (out-take
from Unfit: The Psychology of Donald Trump (2020). The literature appears to confirm this:
“One of the cardinal features of semantic dementia (SD) is a steady reduction in expressive vocabulary.
… Relative to healthy controls, patients were less likely to produce low-frequency, high-imageability
words, and more likely to produce highly frequent, abstract words. … As conceptual knowledge degrades,
speech increasingly consists of general terms that can be applied in a broad range of linguistic contexts
and convey less specific information.”
P. Hoffman, et al., Broadly speaking: vocabulary in semantic dementia shifts towards general, semantically
diverse words, 55 Cortex Jun. 2014 30, at https://www.sciencedirect.com/science/arti-
cle/abs/pii/S001094521200322X?via%3Dihub (unpaginated).
Trump speeches routinely devolve into a tossed word salad, which the American Psychological Association
on-line dictionary defines as “severely disorganized and virtually incomprehensible speech or writing, marked
by severe loosening of associations strongly suggestive of schizophrenia.” https://dictionary.apa.org/word-
salad. E.g., Ryan Grenoble, Trump Rambles His Way Through Incoherent Nashville Speech, HuffPost, Feb.
23, 2024, at https://www.huffpost.com/entry/trump-rambles-his-way-through-incoherent-nashville-
speech_n_65d8c64ce4b0189a6a7db2dd; Oliver O'Connell, Trump serves up chaotic ‘word salad’ about Biden
sparking ‘World War Two’ and running against Obama, The Independent (U.K.), Sept. 16, 2023, at
https://www.independent.co.uk/news/world/americas/us-politics/trump-speech-world-war-ii-biden-obama-
b2412922.html; and Trump’s infamous Gettysburg Address, https://www.youtube.com/watch?v=pq4xSui-
ueUc, made famous by wag Stephen Colbert:

12
examination to determine whether he should be remanded to a medical facility for proper

care in lieu of pre-trial incarceration, as jail is exactly the wrong place to warehouse a man

with rapidly declining mental capacity.

CONCLUSION

37. Since time immemorial, every citizen has had the right and indeed, the duty, to “keep

the King’s peace” by bringing criminals to justice through the mechanism of private criminal

prosecution, as demonstrated in detail in the supporting brief.14

38. For reasons stated in detail in the accompanying brief, Movant respectfully requests

to be appointed as Substitute Counsel in this matter,15 provided the substitution only become

effective if and when Mr. Trump is elected as our 47th President.

39. The urgency of this matter is underscored by the relentless and unprecedent incitement

to violence by Defendant Trump and his most zealous acolytes.

At the end of the day, it appears likely that Mr. Trump may need immediate medical care.
14
Hornbook law asserts that the citizen does not have standing to prosecute, but if the Framers ever intended
to deprive citizens of the common law right to initiate a criminal prosecution—one existing in some form in
all advanced democratic societies—one is left to search in vain for evidence of that intent. And as the prosecu-
tion of crime was not construed as an executive function in 1791 but rather, as one of the well-established
prerogatives of the people, it is unlikely that they would have even perceived the threat that it could be divested
by congressional fiat. The question has never been legally resolved, see Young v. United States ex rel. Vuitton
et Fils S.A., 481 U.S. 787, 816 and n. 2 (1987) (Scalia, J., concurring in part), but it is difficult to imagine that
the “inestimable right ... of invoking the penalties of the law upon those who criminally or feloniously attack
our persons or our property,” Blyew v. United States, 80 U.S. 581, 598 (1872) (Bradley, J., dissenting), would
be willingly yielded by an informed populace, or identify the constitutional mechanism by which it was di-
vested.
15
While Movant does not have the resources to take this matter over at present, there is little doubt that a small
army of retired prosecutors could be assembled and crowd-funded to assume the task. Moreover, the Attorney
General would retain superintending authority over the prosecution, as was the case in our nation’s infancy.

13
 39. In addition, for reasons stated in detail in the accompanying brief, Movant respect-

fully requests access to a grand jury for purposes of presenting evidence of federal crimes

by the Conspiring Judges, again on the condition that Special Counsel declines or is removed

from the case. In re Application of Wood to Appear Before Grand Jury, 833 F.2d 113 (8th

Cir. 1987) (citizen entitled to present evidence of crimes to a grand jury where United States

Attorney willfully refused).16

40. Quid tacit consultieri vidator. If Movant did half of want Defendant Trump has done

while on conditional release, s/he would surely be having toilet wine. As Defendant Trump’s

Brownshirts will come after you anyway, see e.g., Mike Davis, Truth Social post, Jun. 1,

2024, https://truthsocial.com/@mrddmia/112544695551127795 (screen shot below; cap-

tured Jul. 2, 2024), this Court might as well do its job without fear or favor while it can or at

16
The controlling public policy issue is whether a prosecuting attorney, by virtue of his or her virtually unlim-
ited "discretion," can abrogate the most elemental promise of civil society: that "none are above the law, and
none are beyond its protection." See, Austin Sarat and Conor Clarke, Beyond Discretion: Prosecution, the Logic
of Sovereignty and the Limits of Law, Law and Soc. Inquiry, Vol. 33-2 (May 2008) at 387. The countervailing
concern—the danger that unconstitutional prosecutions will take place—is solved by the fact that the United
States Attorney General or his designate has a right and duty to supervise prosecutions, 28 U.S.C. § 519, and
may file a nolle prosequi, see, Stretton and Taylors Case [1588] 74 Eng. Rep. 111 (K.B.). The State's only
legitimate interest in a criminal case is in ensuring that justice be done, Berger v. United States, 295 U.S. 78,
88 (1935), and its participation toward that end would be welcomed.

14
least, explain why Defendant Trump is entitled to special treatment in a land where “equal

justice under law” is still being advertised.

41. In light of the well-known propensity of Defendant Trump’s Brownshirts to threaten

participants and witnesses in his civil and criminal cases, e.g., Jonathan Dienst, et al., Trump

judge and his family receive threats after New York arrest, NBC News, Apr. 5, 2023, at

https://www.nbcnews.com/politics/donald-trump/judge-merchan-family-receive-threats-

trumps-arrest-rcna78401, Movant asks that his/her identity be allowed to remain under seal.

Respectfully submitted this __th day of June, 2024,

/s/ Signature under seal

Address submitted under seal

15
 CERTIFICATE OF SERVICE

I hereby certify that on June __, 2024, I sent a copy of the foregoing MOTION FOR
CONDITIONAL INTERVENTION and related Memorandum of Points and Authorities to:

Jack Smith, Esq., Special Counsel

Office of the United States Attorney
950 Pennsylvania Ave. NW, Rm. B-206
Washington, D.C. 20530

John F. Lauro, Esq.

Lauro & Singer
400 N. Tampa St., 15th Floor
Tampa, FL 33602
Counsel for former President Donald J. Trump

The last known address, by way of certified United States Mail:

16