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21 Oct, 11 tweets, 3 min read
Good morning.

The DOJ will ask a federal judge today to stand in for President Trump in E. Jean Carroll's defamation suit.

I'll cover it live along with CNS's new Brooklyn reporter @NinaPullano. Follow us for more.

Background, @CourthouseNews courthousenews.com/trumps-job-isn…
As Mark Twain used to say about his lectures, the "trouble begins" at 3:30 p.m. Eastern Time.

See you later in the day.
For now, today's hearing in E. Jean Carroll's lawsuit hangs in limbo.

More information to come soon.
It looks like we are moving ahead soon. Judge Kaplan denies the government's motion to adjourn.

Follow @NinaPullano and me for more on the hearing soon.
The phone line for today's hearing remains silent at its anticipated start time.

No word from the DOJ since the judge gave them the ultimatum: argue by phone or let your written briefings do the talking.
DOJ's counsel Stephen Terrell is now on the line, as is the judge's deputy.

The Justice Department apparently chose the first of the two options given to them: appear by phone or not at all.

Rolling soon.
We're back to a silent line.

The anticipated start time was 3:30 p.m. EST, and Judge Kaplan's courtroom is usually prompt.

These are, however, pandemic times, and allowances must be made.

Standby.
"All rise."

Deputy: "E. Jean Carroll v. Donald J. Trump. Plaintiffs, are you ready?"

We begin.
U.S. District Judge Lewis Kaplan puts on the record that the DOJ asked to adjourn today's arguments and that he denied the application.

DOJ says it wants to submit on the briefs without arguments on any side.

E. Jean Carroll's counsel Roberta Kaplan expresses disappointment.
In case you missed my separate tweet on this, the hearing ended without oral arguments.

Judge Kaplan will decide the matter on the briefings.

Story ahead.

ICYMI, yesterday

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More from @KlasfeldReports

Adam Klasfeld Profile picture
22 Oct
Here's the cover page of Ghislaine Maxwell's 465-page deposition.

Uploading the large file now and sifting through it. Image
There are 19 files in this release.
Q: "When did you first recruit a female to work for Mr. Epstein?"

Maxwell's counsel objects: "The subject matter of this question is confidential and I am designating it as confidential." Image
Read 10 tweets
Adam Klasfeld Profile picture
21 Oct
Amazing.

The DOJ told a federal judge it couldn't enter SDNY because their attorney traveled from Virginia, which they claimed was added to the states with pandemic-related restrictions "yesterday."

The designation happened "over a week ago," the judge corrects in a new order. Image
Upshot: The DOJ made an easily fact-checked error in a one-paragraph letter to a federal judge, who quickly noticed that and dressed the department down on the public record.
Reminder: DOJ said their counsel was "denied entry to the courthouse" because he traveled from Virginia.

Here is Cuomo's Oct. 13 exec order forcing travelers from that state to observe a 14-day quarantine, which the attorney apparently did not do.

governor.ny.gov/news/governor-…
Read 4 tweets
Adam Klasfeld Profile picture
20 Oct
Ghislaine Maxwell's attorney says she is considering an emergency appeal of the Second Circuit's unsealing order but is having trouble reaching her jailed client.

They opposed releasing the deposition today, as attorneys for Virginia Giuffre currently plan.
Adding this development to the thread.

The judge endorsed a letter proposing to release the documents today after Maxwell's letter was filed.
Point of clarification for the tweet at the top of the thread, people in federal jails are difficult to reach.

Ask any reporter or defense attorney.

Folks shouldn't read too much into that assertion by Ghislaine Maxwell's counsel.
Read 5 tweets
Adam Klasfeld Profile picture
13 Oct
Good morning.

Ghislaine Maxwell's appeal seeking to block the release of a deposition that prosecutors allege shows her perjuring herself hits the Second Circuit this afternoon.

I will cover it live at 2 p.m. Eastern.

Background, @CourthouseNews courthousenews.com/second-circuit…
The docket also shows Maxwell will be challenging an order in her criminal case rejecting her bid to modify a protective order.

That will take place after the appeal over her deposition.

Given the pandemic, this live coverage will be virtual.
You can listen in to the Second Circuit livestream of the audio here.

Some faint noises in the background, little more yet. ww2.ca2.uscourts.gov/court.html
Read 46 tweets
Adam Klasfeld Profile picture
2 Oct
Good morning.

In December, a NY judge tossed Manhattan DA Vance's charges against Paul Manafort on double jeopardy grounds.

An appeal of that decision being heard this morning.

I'll be covering it live for @CourthouseNews.

Background, @jruss_jruss: courthousenews.com/new-yorks-frau…
Rather, I'll be covering it virtually, live.

The public can listen in here, but a number of other appeals go first this morning before Manafort.

Watch:
The Manafort appeal beginning now.

Valerie Figueredo is arguing for Vance's office.

Judge Dianne Renwick asks right away about double jeopardy.
Read 11 tweets
Adam Klasfeld Profile picture
29 Sep
NEW: Manhattan DA Vance says his office will NOT try to execute the subpoenas for Trump's financial records until after the Second Circuit's ruling.

They say the circuit stayed to subpoenas, even though the ruling does not explicitly say so.

Background: courthousenews.com/trumps-team-fa…
On this point, Trump and Vance's teams are in agreement.

The Second Circuit implicitly stayed enforcement of the subpoenas, even if that court did not explicitly say so.
Read this story to unpack the (complicated) background to this legal distinction.

courthousenews.com/trumps-team-fa…

Then read the precise language of the one-page order both Vance and Trump's teams are interpreting. courthousenews.com/wp-content/upl…
Read 4 tweets

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