Adam Klasfeld Profile picture
Jul 30, 2019 11 tweets 6 min read Read on X
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.

Background on the lawsuit, via @CourthouseNews.

Opinion soon.
@CourthouseNews Judge Koeltl says the "primary wrongdoer" in the hacking was Russia, which he said is immune under the FSIA.

Here was the link to the background on the filing of the suit: courthousenews.com/dnc-suit-accus…

Developing story soon.
@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 Read the 81-page ruling in full here: documentcloud.org/documents/6225…

Story in a bit.
@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.

Standby for more. courthousenews.com/dnc-loses-rack…
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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More from @KlasfeldReports

Apr 19
The afternoon session begins:

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.

Background in thread
Right now, the parties are arguing about the admissibility of information about Trump's civil fraud case.

I'll unpack the issues here later.
Read 6 tweets
Apr 19
Good morning from New York.

Now that a full 12-person jury has been selected for Trump's criminal trial, it's time to round off the alternates. One down, five more to go. 🧵
Trump has set down at the defense table, between his lawyers Todd Blanche and Emil Bove.
Justice Merchan says all 22 jurors are here.

"We're also working on the temperature," he adds.
Read 38 tweets
Apr 18
Good morning from New York.

We're seven sworn jurors into the process in Trump's criminal trial. Could we get the full 12-person panel today, save for the alternates?

Follow again for more voir dire, and see my chat with @Lawrence on Tuesday's session msnbc.com/the-last-word/…
First off:

On the first day, Justice Merchan read out a list of 41 names related to the case—not all witnesses.

For @Just_Security, @NormEisen spearheaded a breakdown of these names, with research from @JNKGoodman and me.

Bookmark this resource justsecurity.org/94696/trump-cr…
Trump has sat down at the defense table, more alert than we have seen him so far.

He appeared to be talking on his phone, until his attorney Todd Blanche made a cellphone gesture toward him, and he got off the phone.
Read 44 tweets
Apr 17
News

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. Image
"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.

Doc 🔗 documentcloud.org/documents/2455…
Context

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.
Read 6 tweets
Apr 16
The juror in seat No. 2 will be excused after Trump's lawyers discovered this post on social media:

“Good news!! Trump lost his battle on his unlawful travel ban!!! Get him out, and lock him up.”

(Punctuation marks recited into the record by Justice Merchan.)
Trump's legal team has been going down the list of jurors, one by one, and three jurors in, they have challenged every one for cause.

One challenged failed; one succeeded, and one is pending.
ADA Steinglass says that Team Trump's tactic of trolling potential jurors' social media accounts is a "conceptual problem."

Justice Merchan seems to agree, as Trump's third challenge is about an eight-year-old post by the juror's husband. (!)
Read 9 tweets
Apr 16
Good morning from New York.

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!)

A more analytical dive here. justsecurity.org/daily-courtroo…
justsecurity.org/94560/trump-tr…
Read 35 tweets

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