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 has entered the courtroom and is seated at the defense table with his attorneys.
Trump's attorney Emil Bove begins his arguments in the so-called Sandoval hearing, seeking to prevent prosecutors from invoking other prior bad acts on cross-ex if his client takes the stand.
In Trump's NY criminal case, prosecutors file their so-called "Sandoval" notice—disclosing uncharged prior bad acts they intend to use at trial to impeach his credibility.
The list in the document rattles off the NYAG civil fraud case, the E. Jean Carroll case, and more.
"If the defendant chooses to testify, the People intend to inquire regarding the following"
Read the full list of litigation prosecutors intend to confront Trump with, if given the green light by the judge.
A Sandoval hearing establishes the permissible scope of cross-examination in order for the defendant to make an informed decision about whether to testify.
The notice shows that, for Trump, the list of prior bad acts, is quite long.
We're gearing up for the second day of jury selection in Trump's criminal case in New York. Some nine jurors passed through the initial screening round, though none are empaneled, yet.
I'm reporting live from the courthouse every day. Follow here.
Per pool at 8:34 a.m. ET:
"Motorcade is on the move."
For my written reporting:
I will periodically fire off quick dispatches, and longer analytical pieces, on the trial for @Just_Security.
You can find the former category here. (Bookmark it!)