BREAKING: A federal judge DISMISSES the DNC's lawsuit against the Trump campaign, Russia, WikiLeaks et al. with prejudice, and DENIES the Trump campaign's sanctions motion.
@CourthouseNews As for the "second-level participants" in the alleged racketeering scheme, Koeltl says that they are shielded by the First Amendment from liability related to disseminating the stolen emails.
@CourthouseNews Judge Koeltl, a Clinton appointee, cited the Pentagon Papers case in finding that there could not be liability for the publication of stolen materials.
@CourthouseNews "If @WikiLeaks could be held liable for publishing documents concerning the DNC’s political financial and voter-engagement strategies simply because the DNC labels them 'secret' and trade secrets, then so could any newspaper or other media outlet."
-Judge Koeltl on 1A concerns
@CourthouseNews@wikileaks DEVELOPING story for @CourthouseNews on the ruling dismissing the DNC's suit. Still awaiting comment from many of the parties, and a new update is in the editing queue.
DNC spokeswoman Adrienne Watson just sent me this statement.
Story will be updated soon.
From Roger Stone’s attorney, with echoes of George Papadopoulos’s attorney’s statement.
This statement from Trump is misleading.
The judge did not say the DNC case was “entirely divorced” from the facts. He wrote that the DNC’s claim that Trump campaign and Russia conspired in the hack itself was “entirely divorced” from what they alleged in the lawsuit.
The distinction is subtle but important.
Judges don’t decide the facts on a motion to dismiss. They rule on whether the allegations represent a plausible claim.
Final updates coming up soon.
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The first day of Michael Cohen's cross-ex began with a reminder that he called Trump's lead attorney Todd Blanche a "crying little s***."
Outside the jury's ear, the judge then scolded Blanche for "making this about yourself."
Day Two ahead 🧵
The Day One transcript reveals the sidebar discussion from after that explosive start.
Blanche pushed back: "I'm not making it about myself, your honor. I have a right to show this witness's bias, and he has expressed bias about the lawyers just because of who we represent."
Later, the judge responded: "It doesn't matter if he has bias towards you; it doesn't matter. The issue is whether he has bias towards the defendant."
On Friday, the jury heard this Trump tweet recited into the record—about his "reimbursement" to Michael Cohen for "a non-disclosure agreement."
Trump's attorney denied the reimbursement when trial began.
Soon, Cohen is expected to testify.🧵
During opening statements, prosecutor Matthew Colangelo promised jurors Cohen's account would be backed up by an "extensive paper trail of bank records, emails, text messages, phone logs, business documents and other records."
Colangelo also told jurors when trial began that Cohen's account would be corroborated by other witness testimony, along with Trump's books, speeches, and social media posts.
Stormy Daniels finished her testimony. Karen McDougal's off the witness list, and on Thursday, trial proceedings wrapped with Madeleine Westerhout still on the stand.
I'm inside the courtroom, today and every day, picking up where we left off. 🧵
Explanation on McDougal, for those who missed the end of proceedings yesterday:
Without explanation, Trump's lead attorney Todd Blanche said prosecutors informed him they won't be calling her. The payoff to McDougal isn't directly tied to the 34 falsifying records charges.
Trump enters the courtroom, flanked by his lawyers.
As Stormy Daniels gears up for her second day on the witness stand, Trump's lawyer continues cross-ex—and the judge will likely maintain his close watch of the guardrails.
Justice Merchan enters, and Assistant DA Susan Hoffinger tells him that the defense wants to confront Stormy Daniels with an arrest record, over an accusation by her ex-husband.
The claim was thrown out, she notes.
Justice Merchan won't let it come in, noting that anyone can be accused of — or arrested for — something.
It's a sunny and temperate morning outside the lower Manhattan courthouse for Trump's criminal trial, but reportedly, we're in for a Stormy day in court, Daniels' attorney told the AP.
Follow along here. 🧵
Note:
Trump isn't getting advanced notice of witnesses because of his gag order violations. Apparently, this is his reaction after learning about what reportedly is a significant one on deck.