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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Trump's lawyers filed a motion to vacate his 34 felony convictions and dismiss his New York indictment.
In the wake of SCOTUS's immunity ruling, they argue that certain testimony and evidence shouldn't have been introduced at trial, like the categories shown here.
DA Bragg's deadline to respond to Trump's arguments is July 24.
A few thoughts on this:
Trump's lawyers are not just challenging his convictions, based on the alleged use of "official-acts evidence."
Since prosecutors brought some of this evidence to the grand jury, they want his indictment thrown out too.
Trump's lawyers agree that he isn't immune from prosecution in his N.Y. case, but they argued before trial that prosecutors shouldn't be allowed to use evidence tied to his official acts.
On Friday, Trump's lawyer argued that ex-AG Bill Barr only appointed Senate-confirmed US Attorneys as special counsel.
Jack Smith just contradicted that in a supplemental briefing showing three of Barr's special counsel picks from 1991 and 1992.
In the same briefing, Smith provided a list of statutes that appear to use "officials" to include inferior officers who don't require the advice and consent of the Senate.
It's quite long, and it rebuts Team Trump's claim that "officials" means something else.
Judge Cannon invited prosecutors to file this brief backing up their arguments defending the special counsel's constitutional authority at the end of Friday's proceedings.
After a Manhattan judge delivers his instructions, a jury of Trump's peers will begin a historic process: deliberations to determine whether to convict a former U.S. president of felonies.
As always, I will be reporting live from the courtroom. 🧵
Trump has entered the courtroom, followed by his entourage.
The daily photography session has begun.
Manhattan District Attorney Alvin Bragg, who has appeared only occasionally, is not in the courtroom this morning.
"All rise."
The jury is entering, and some appear more dressed up than usual — ready to work.
Justice Merchan tells them that he will now instruct them on the law.
Before lunch, Justice Merchan dressed down Trump's lawyer for his "outrageous" comment about prosecutors trying to put his client in prison.
He'll instruct the jury that potential punishment should factor into decision.
Separate thread. 🧵
Before the prosecution's summation begins, Assistant DA Susan Hoffinger note there's another reason that Blanche also should have been on notice earlier.
The judge precluded the defense from discussing potential punishment in a pre-trial ruling. nycourts.gov/LegacyPDFS/pre…
Blanche has no objection to the curative instruction that prosecutors drafted.
I'm connecting the two threads, for defense and prosecution summations, here.