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Kyle Cheney Profile picture
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27 Oct, 4 tweets, 3 min read
NEWS: A federal judge has denied DOJ's motion to substitute the U.S. government as the defendant in a private defamation suit against President Trump brought by E. Jean Carroll, who accused Trump of raping her in the 1990s.

politico.com/f/?id=00000175…
Naming the U.S. as defendant would likely have killed the suit, since the federal government is immune from civil litigation.

"Ms. Carroll would be left with no remedy, even if the president’s statements were false and defamatory," the judge wrote. politico.com/f/?id=00000175…
NOTABLE: Kaplan says that because no one can order Trump to speak, or not speak, about anything, he can't be construed as acting as an employee of the government when he opined on @ejeancarroll's accusation.

politico.com/news/2020/10/2…
@ejeancarroll The Justice Department made clear that it intended its effort to effectively short-circuit Carroll's suit. But the judge today rejected this argument.



politico.com/news/2020/10/2…

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More from @kyledcheney

Kyle Cheney Profile picture
27 Oct
NEW: Lawyers for Strzok and McCabe declined this week to help DOJ vouch for the accuracy of handwritten notes used as evidence to dismiss the case against FLYNN.

But DOJ told Judge Sullivan both attorneys had verified the notes anyway. The details:

politico.com/news/2020/10/2…
Sullivan had already upbraided DOJ for "inadvertent" alterations made to Strzok/McCabe's notes. He asked the department last week to certify by Monday that there were no other alterations to the evidence.
politico.com/news/2020/10/2…
But in making that certification, DOJ raised new questions by indicating McCabe and Strzok's lawyers agreed there were no other alterations. Emails reviewed by POLITICO indicate both lawyers affirmatively declined to help assess the validity of the notes.

politico.com/news/2020/10/2…
Read 4 tweets
Kyle Cheney Profile picture
23 Oct
JUST IN: Judge Sullivan in the FLYNN case is ordering DOJ to certify under penalty of perjury by Monday that no other documents were altered.
Sullivn says these documents are typically accepted at face value but DOJ has already acknowledged two crucial documents were altered — inadvertently, they say — in ways that supported the case for dismissal.
THE BACKSTORY: politico.com/news/2020/10/0…
Read 5 tweets
Kyle Cheney Profile picture
19 Oct
NEW: Donald Trump has shown disinterest in — if not outright disdain for — his intel agencies since he took office.

Joe Biden’s team is already contemplating how to repair the relationship — and who to appoint — if they win. w/ @NatashaBertrand

politico.com/news/2020/10/1…
The CIA got an early dose of Trump’s disinterest in 2017, when Trump interrupted a highly classified briefing at his NJ club to ask for a malted milkshake. A memorable anecdote, courtesy of @NatashaBertrand

politico.com/news/2020/10/1…
Several House intel Democrats told us they’d encourage a potential Biden administration recruit agents and senior officials who quit under Trump.

One name they all had in common: Sue Gordon, the former deputy DNI. They’d like to see her return. politico.com/news/2020/10/1…
Read 4 tweets
Kyle Cheney Profile picture
14 Oct
The 'smoking gun' email in the NY Post story — even if it is authentic, given the massive red flags — doesn't actually say what the story says it does.

Also, recall: nytimes.com/2020/01/13/us/…
Again, stipulating that the suspect email is real, there's literally nothing in it that says Joe Biden met with a Burisma adviser.

"The opportunity to meet," may just as easily have meant Hunter promised a meeting in the future that may never have occurred.
Lastly, if such a meeting occurred, it should be pretty easy to pinpoint with accuracy when and where, which would seem an important part of reporting a story like this before blasting out the innuendo — especially given the suspect actors involved.
Read 9 tweets
Kyle Cheney Profile picture
8 Oct
NEW: PELOSI and Rep. RASKIN plan to introduce legislation tomorrow to establish a commission under the 25th Amendment charged with evaluating the president's mental/physical capacity.
RASKIN has already filed very similar legislation. It creates a congressional body (which is actually contemplated in the 25th amendment itself) made up of doctors, psychiatrists and former executive branch officials to make judgments if a president's health is failing.
Here is that Raskin bill, which tomorrow's 25th amendment announcement will be based on: congress.gov/bill/115th-con…
Read 4 tweets
Kyle Cheney Profile picture
8 Oct
NEW: The FBI has unsealed details of an alleged plot by militia members to kidnap Gov. WHITMER — the conspirators had staked out her vacation home, obtained explosives and other equipment, preparing to execute it before the electon.

static.politico.com/e5/1d/aa6277a2…
The FBI first began tracking the militia involved in early 2020, but the plot came together by June. Confidential sources recorded conversations among the participants and gave the FBI access to their communications

static.politico.com/e5/1d/aa6277a2…
The alleged conspirators staked out Whitmer's vacation home on Aug 29 and in mid-Sept.

They planned to grab her — if not kill her outright — in October and hold a "trial" for "treason."

The allegations, supported by extensive evidence, are harrowing. static.politico.com/e5/1d/aa6277a2…
Read 8 tweets

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