NEW: Judge Emmet Sullivan is so angered by the US Postal Service's inability to sweep its facilities for ballots yesterday afternoon, following a court order to do so, that he said he will want answers under oath from Postmaster General Louis DeJoy.
Sullivan ordered USPS to have inspectors sweep facilities between 12:30-3 yesterday, and they didn't. They went back in for sweeps after 4, notifying the judge late of the failure. So today we have a series of hearings about what happened, and how many ballots aren't delivered.
This was our overview from the weekend about the oversight Sullivan and Judge Stanley Bastian in Washington state have given the USPS on a daily basis in recent days: cnn.com/2020/10/30/pol…
Yesterday, 2 issues arose with the USPS daily reports to court, that prompted Sullivan's order. 1, persistent low delivery numbers in battlegrounds, and 2, 300K ballots w/o final scans for delivery (but there are lots of explanations why that might be--doesn't mean lost ballots)
USPS is BACK before Judge Sullivan at 1:30 pm today. A top official overseeing election mail set to testify. (Not Dejoy)
On Judge Emmet Sullivan--yep, he's the judge who dealt with DOJ mess ups in Ted Stevens prosecution. AND he's handling Michael Flynn's case--which clearly is taking a back seat to USPS this week.

Few dull moments in this court!
Read the profile: cnn.com/2020/05/13/pol…

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More from @kpolantz

15 Oct
I want to walk through the document trail (all public records!) that underpins our story today. Through these (+sources), we were able to reveal a long-hidden leg of the Mueller investigation
cnn.com/2020/10/14/pol…
Chief Judge Beryl Howell of DC District Court unsealed much of the bank subpoena fight in 2019, w the bank’s name + country obscured.
DC Circuit, SCOTUS also released redacted versions of appeals proceedings

Trial court records are here, case 18-gj-41
dcd.uscourts.gov/unsealed-order…
Some amazing highlights in the court record:

In hindsight, Alston & Bird lawyers may have hinted about their client. They said the US doubting a foreign govt-owned company was as offensive as another nation questioning Jerome Powell (Fed chair) or Mike Pompeo (then-CIA chief)
Read 17 tweets
14 Oct
EXCLUSIVE @CNNPolitics: For more 3+ years, federal prosecutors investigated whether money flowing through an Egyptian state-owned bank could have backed $10M Trump donated to his own campaign days before the 2016 election cnn.com/2020/10/14/pol…
This story from @evanperez @jeremyherb and me comes after 2 years of following breadcrumbs in documents, countless hours of #CNNStakeout, source reporting—from when we first noticed a mystery case in DC District Court related to the Mueller investigation
Details we learned:
-This investigation was one of the most prolonged efforts by federal investigators to understand the President's foreign financial ties
-It was a significant, hidden part of Mueller's special counsel's office, for nearly its entire tenure
Read 7 tweets
30 Sep
Proud Boys isn’t just some random white nationalist group.

Facebook head of security policy in July: "We first started looking into this network as part of our investigation into the Proud Boys...Our investigation linked this network to Roger Stone”

cnn.com/2020/07/08/tec…
Members of the Proud Boys attended court hearings last year for Roger Stone in DC, forming a core support group for Stone and his family members during the trial
Also this:
Proud Boys chair sat behind Trump at a Florida rally wearing a “Roger Stone did nothing wrong” tshirt

washingtonpost.com/nation/2019/02…
Read 6 tweets
16 Sep
Whoa. Chief justice of the Ohio Supreme Court after the state GOP criticized a lower-court judge for siding with Dems in a lawsuit to allow more dropboxes in the state>>
For reference, here's what the Ohio Republican Party said yesterday. Their lawyers today told the judge they had no idea this was out there, that it's now scrubbed from the internet.
(This is the version Ohio Dems submitted to court to suggest the Ohio GOP gets held in contempt)
"The Republican Party’s statement should be seen for what it is: part of a continuing string of attacks against any [court] decision that doesn’t favor a political end, regardless of party, even if that decision may be legally correct and indeed legally required."
Read 4 tweets
2 Sep
The DC Circuit this week neutered the House's ability to investigate the Trump admin for the foreseeable future, almost certainly through the election.

Their subpoena enforcement power is kaput. Only (unlikely) option left: the jail in the basement! cnn.com/2020/09/02/pol…
One former House counsel says the jail option (holding a witness in inherent contempt) is "a pop gun."

Another former House counsel says, "I'm very very sorry to say that it looks like the House doesn't have much of a hand to play at this time."
Read 8 tweets
31 Aug
We have an appeals court decision in the Flynn case!
The full DC Circuit returns power to District Judge Sullivan, says case wasn't ready for Flynn to bring an appeal.
So Flynn's criminal case continues--no dismissal yet.
cnn.com/2020/08/31/pol…
Quite the swan song concurrence from Judge Thomas Griffith, who retires tomorrow. He sided with 8-2 majority in keeping the Flynn case alive.
Takes the moment--his last day on the bench--to write that even in politicized cases, judges don't make decisions based on partisanship. Image
The full DC Circuit has one more thing to say about Flynn: they wanted to hear it before the full court, didn’t take the case bc trial Judge Emmet Sullivan asked. A side discussion in this case has been whether Sullivan was partial, or should be reassigned (Circ said no today) Image
Read 4 tweets

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