This is a remarkable legal proceeding.

The press is arguing we should take President Trump at his word. The government is saying that you can't, and the White House counsel's office agrees with that.
The judge says DOJ needs to confer with President Trump so that he can tell them himself whether he meant what he said on Twitter. He wants DOJ to make a written filing indicating that it has conferred with the president.
A new legal milestone for President Trump's tweets: U.S. Dist. Judge Reggie Walton says DOJ needs to find out directly from the president whether he meant what he tweeted about having declassified a bunch of Russia-investigation documents.
Rather than merely accepting the word of DOJ and the White House counsel that the things President Trump said on Twitter were false, Judge Walton wants the president himself to admit that. This'll just be super-interesting.
Here's the order. DOJ has until Tuesday to file "a declaration by the President or an individual who has conferred directly with the President."

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More from @bradheath

13 Oct
Once again, DOJ shows up in court to tell a federal judge that President Trump had not actually done the thing he said on Twitter: "The department has not received a declassification order from the President."
DOJ says it was told by the White House counsel that "the President's statements on Twitter were not self-executing declassification orders and do not require the declassification of any particular documents."

So Trump's lawyers say this was hot air ->

This is at least the second time that this particular DOJ official has declared under oath that the President's claims that he had declassified a bunch of records related to the Russia investigation were nonsense. -> Image
Read 5 tweets
25 Sep
An FBI agent who worked in Mueller's office told agents there was a "get Trump attitude by some" of the people who worked on the special counsel review, according to a very unusual court filing by DOJ just before midnight.
The agent said special counsel prosecutors tended to take the most sinister potential meaning from Trump's public remarks, and also that the attorneys were persuaded there was criminal wrongdoing to be found and they were competing to find it first.
(As it happens, the special counsel investigation found quite a bit of criminal conduct, including by Trump's campaign manager, his deputy campaign manager, a longtime adviser, a bunch of Russians and others. DOJ helpfully lists it here:
Read 8 tweets
14 Sep
Conspiracy theorist Jack Burkman told the Washington Post he didn't know what the FBI was looking for when agents raided his place. But he's been busy and the list of things that could potentially get him in trouble is pretty extensive.… Image
(Also, the FBI is supposed to leave a copy of the warrant, which would give him a pretty good idea of what the agents were looking for and why.)
Read 5 tweets
27 Aug
I was away last week, so I'm only now going back through the Senate Intelligence Committee's final report on Russia and the Trump campaign. It really is a stunning document.…
The committee found that Trump's campaign manager had a "close and lasting relationship" with a Russian intelligence officer who might have been tied to the unit involved in hacking Democratic political organizations in the U.S., during the 2016 campaign.
It found that Trump's campaign manager "on numerous occasions ... sought to secretly share internal Campaign information" with the Russian intelligence officer he had befriended, while he was running Trump's campaign.
Read 10 tweets
9 Aug
Guys, under the president's unemployment plan, nobody gets the $300 in federal aid unless their state agrees to come up with $100. He's trying to shoehorn this through disaster aid programs and the relevant law requires a 25% state match. No match, no federal aid.
Which makes this report from @NPR especially timely:
Here's the relevant part of the president's memorandum. To get the money, states must 1) request it; 2) match 25%; and 3) administer the program.

And all that leaves aside the very interesting question of whether giving people $400 complies with the Stafford Act.
Read 5 tweets
7 Aug
The en banc D.C. Circuit holds that Congress has standing to seek judicial enforcement of its subpoena to Trump's former White House counsel. The "constitutional structure and historical practice support judicial enforcement of congressional subpoenas."
The ruling overturns a D.C. Cir. panel decision that the House could not use federal courts to enforce its subpoenas.
The majority concludes by tossing the case back to the original panel - which ruled against the House - to decide on a bunch of McGahn's other challenges to the subpoena, meaning this decision doesn't mean he'll be compelled to testify any time soon.
Read 4 tweets

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