Kyle Cheney Profile picture
Sep 25, 2020 11 tweets 4 min read Read on X
In the last 36 hours, DOJ has:

-Declassified a doc GOP lawmakers sought about the Steele Dossier
-Provided internal FBI messages to Flynn legal team
-Released an interview with one of the Flynn case agents
-Released questionable evidence of ballot irregularities in Pa.
The case agent, William Barnett, is a case-study in contradiction. He says he worried that there was groupthink among Mueller team — yet they often included him (and his converse opinions) in Flynn-related matters and processes.

courtlistener.com/recap/gov.usco…
Barnett also said he raised internal questions about the Flynn case but viewed the other three prongs of Crossfire Hurricane as legit and did believe that Flynn lied in his FBI interview — to protect his job rather than cover up something Russia-related. courtlistener.com/recap/gov.usco…
Barnett also undercut an earlier filing from the Flynn team that suggests FBI officials bought liability insurance because they feared fallout from the Flynn matter.

Barnett says discussions of insurance were likely unrelated to Flynn bc they predate the case becoming public.
And that earlier Flynn team filing also included an obvious error:
Overall though, there's a concerted effort to get more material into the public record — some of which would have reasonably been expected to be part of the Durham investigation yet now appears to packaged for public release by DOJ without any accompanying indictments.
BARNETT also pushed for an interview with Flynn in late 2016, calling it an "easy lay-up" that Flynn wouldn't view as suspicious because he was part of an incoming administration. Barnett said he viewed this as a formality toward closing the case.
NEW: An FBI agent who formerly worked with Mueller’s team told DOJ last week he believed Flynn lied to the FBI to save his job, not cover up a Russia operation. But the interview is a series of contradictions.

w/ @joshgerstein

politico.com/news/2020/09/2…
It’s part of a slew of new docs dumped by DOJ to Flynn’s team as they prepare to argue next week for the dismissal of the case against him. And it comes as DOJ has dumped info in a series of other sensitive matters into the public domain. politico.com/news/2020/09/2…
BARNETT's testimony also cut against what has been billed as a bombshell revelation in docs released by Flynn's team just hours earlier: That FBI agents bought liability insurance because they were worried about fallout from Crossfire Hurricane.

politico.com/news/2020/09/2…
DOJ asked Barnett about internal FBI messages referencing a rush to buy insurance. Barnett said he didn't believe that was related to Flynn because it didn't work with the timeline of events.

He said he always urges colleagues to have liability insurance. politico.com/news/2020/09/2…

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More from @kyledcheney

Nov 7
NEW: Trump's election means DOJ suddenly has just two months to round out its massive manhunt for Jan. 6 defendants.

Hundreds are likely to escape charges (even before pardons are issued).

politico.com/news/2024/11/0…Image
Already, DOJ was goin to struggle to charge the roughly 2,500-3,000 people estimated to be susceptible to charges by a Jan. 6, 2025 statute of limitations.

Trump's election has shortened that window by a year. politico.com/news/2024/11/0…Image
MORE: For now, DOJ appears poisted to press forward with new cases through Inauguration Day. It's prompting alarm from some Jan. 6 defendants who are urging Trump to call on the department to press pause *today.* politico.com/news/2024/11/0…Image
Read 4 tweets
Nov 5
HAPPENING NOW: A federal judge in Georgia has thrown out the RNC's claim that Georgia counties broke the law by accepting absentee ballots over the weekend.

The judge says their complaint lacked a "basic level of statutory review and reading comprehension." Details TK
The judge says the RNC's argument that the counties somehow prevented poll watchers from being present during weekend hours is a "red herring" and that some of these counties have done this perfectly legal and well known process for years.
WOW: Judge Baker shreds the RNC for what he says was a cynical attempt to invalidate votes only in Democratic counties even though other counties were able to use the same procedures. Doing what the party wanted would violate state law, the constitution and "my oath," Baker said.
Read 6 tweets
Oct 25
👀 The 5th Circuit just ruled that ballots must be received by Election Day and state laws allowing them to arrive later are preempted by federal law. Image
IMPORTANT: Though the circuit decision *could* theoretically impact this election cycle significantly, the panel left the decision on whether to apply it to this election cycle up to the district court judge who initally ruled the other way. Image
READ the full 22-page opinion from the 5th Circuit: documentcloud.org/documents/2525…
Read 4 tweets
Oct 23
NEW: A judge threatened to order Merrick Garland and Jim Jordan into her courtroom next week if the House and DOJ couldn't resolve a subpoena dispute related to Hunter Biden.

The ultimatum led the House to back off — likely for good.

w/ @joshgerstein
politico.com/news/2024/10/2…Image
"Don't test me on this...I'm not bluffing," Judge Reyes, a Biden appointee warned the House and DOJ about her threat to force Garland/Jordan to attend court next week.

The fight is over a House subpoena to 2 DOJ line attorneys involved in Hunter probe. politico.com/news/2024/10/2…Image
NOTABLE: Reyes trapped House counsel Matthew Berry into appearing to concede that Jim Jordan's public reasons for blowing of the Jan. 6 committee's subpoena were not acceptable. politico.com/news/2024/10/2…Image
Read 4 tweets
Oct 22
BREAKING: The Georgia Supreme Court has unanimously denied the an effort to quickly reinstate controversial rule changes approved by the State Election Board. Image
Unclear at the moment whether the court may still decide to order an expedited review of the appeal, but for now this keeps the Georgia state board's rules on hold. Awaiting clarity/paper on the decision.
UPDATE: The Georgia State Election Board's most controversial rules are dead for this election cycle. The state Supreme Court won't consider the matter until after the cycle is over, rejecting the RNC's bid for expedited review.
Read 4 tweets
Oct 20
NEW: Could a defeated Donald Trump subvert the 2024 election?

The answer: Yes, BUT the path is far narrower, even more extreme and would require an enormous amount of help from GOP power brokers — who first need to win their own elections.

Our deep dive: politico.com/news/magazine/…Image
Image
We talked to dozens of experts, election officials, legislators, etc. They all agree Trump’s path starts with what he’s already doing — sowing deep distrust about election integrity. That’s the precondition for leveraging Rs in statehouses and Congress. politico.com/news/magazine/…Image
Image
But Trump isn’t president. He doesn’t have the military or DOJ to wield to this end. And the updated Electoral Count Act has, on paper, foreclosed most routes to subversion. Thats why he would need congressional Rs to embrace fringe legal theories to sidestep the laws. politico.com/news/magazine/…Image
Read 11 tweets

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