Kyle Cheney Profile picture
Jul 31, 2019 5 tweets 3 min read Read on X
JUST IN: It'll likely be months before Congress gets a ruling on accessing special counsel Mueller's grand jury info.

The Judiciary Committee and DOJ have proposed a schedule that doesn't get to oral arguments until at least October.
Interestingly, the attorney appearing on behalf of DOJ described the Justice Department as the "defendant" in this matter.
As @dsamuelsohn points out, this is pretty speedy in legal terms, but on the political calendar, two months is glacial with the presidential primaries nearing.
@dsamuelsohn Second attorney appearing on behalf of DOJ doesn't use the word "defendant" in her notice.
@dsamuelsohn NEW: Democrats agreed to argue for Mueller's grand jury information in September, setting up a likely October ruling. It's a two-month timetable that's quick in court terms but going to frustrate impeachment backers worried about a dwindling calendar. politico.com/story/2019/07/…

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More from @kyledcheney

Jun 16
The House is free to express its disapproval of the Jan. 6 committee anytime, but this notion they will simply rescind the subpoenas or contempt votes of an earlier Congress — and that it will have some meaningful legal effect — is fanciful.
It’s become a litmus test on the right in recent weeks. But whether a contempt occurred in an earlier Congress is up to that Congress. It would be a form of legal chaos to allow Congresses years or decades later to try to unravel prior contempts that were already prosecuted.
For context: This has become a rallying call on the right, particularly since Judge Nichols ordered Steve Bannon to prison by July 1. Some candidates and members are openly promising to do this, as though it has some practical effect.
Read 4 tweets
Jun 7
👀 Justice MERCHAN has notified the parties in Trump's case that a stray comment was posted on the NY court system's Facebook page on May 29, a day before Trump's conviction. Image
Here is the letter about the Facebook comment: nycourts.gov/LegacyPDFS/pre…
It does seem likely to be a fake — but Merchan didn’t indicate one way or the other whether he considered it serious. May have been sharing out of an abundance of caution in case others saw the screenshot.
Read 5 tweets
Jun 6
BREAKING: Steve Bannon has been ordered to surrender to prison by July 1. Judge Nichols has revoked his bail.
Bannon’s sentence for defying the Jan. 6 committee’s subpoena has been on hold while he appealed. Today, Judge Nichols (a Trump appointee) ruled that the original reasons for staying the sentence no longer be er applied.

Bannon’s sentence would run through early November.
BANNON and his lawyer David Schoen are speaking to press now. Image
Read 9 tweets
May 29
HAPPENING NOW: The jury has signaled it has a note for the judge, so everyone is reconvening for an update. Unclear what the subject is.
I've seen some quick verdicts in cases, but that would be a shocker here. I've also seen juries deliberate for hours before sending a note that makes it sound like they've barely scratched the surface and maybe need troubleshooting help accessing evidence.
MERCHAN says the note came in at 2:56. It contains 4 requests.

1) Pecker's testimony re phone call with Trump
2) Pecker's testimoyn regarding decision not to finalize and fund McDougal's life rights
3) Pecker's testimony onTrump Tower meeting
4) Cohen on Trump Tower meeting
Read 10 tweets
May 21
JUST IN: Unsealed filing in Trump Florida case says there were two rounds of classified documents discovered at Mar-a-Lago *after* the FBI search. storage.courtlistener.com/recap/gov.usco…

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Judge HOWELL also found last year that prosecutors provided sufficient evidence that Trump sought to hide classified documents from prosceutors. It was part of her ruling granting crime-fraud exception to attorney-client privilege. storage.courtlistener.com/recap/gov.usco…
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This entire opinion from Judge Howell assessing the evidence prosecutors presented on Trump's "willful retention" of classified docs and efforts to obstruct the probe is extraordinary.

She described Nauta as "dissembling" in his FBI interview as well.

storage.courtlistener.com/recap/gov.usco…
Read 8 tweets
May 16
HAPPENING NOW: Trump lawyers and prosecutors began the day with a lengthy sidebar with Justice Merchan, unclear on whaat subject. Cohen cross-examination to resume imminently. politico.com/trumptrial
NEW: Bob Costello, a longtime Giuliani attorney and potential Trump defense witness, used yesterday's trial off-day to savage Michael Cohen in testimony to Congress.

Cohen has accused Costello of being part of a Trump-backed effort to pressure him against "flipping" politico.com/live-updates/2…Image
COSTELLO said Cohen repeatedly told him in 2018 that he had no evidence to incriminate Trump. Cohen testified Tuesday that he didn't tell Costello what he knew because he didn't trust him. politico.com/live-updates/2…
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Read 9 tweets

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