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Kyle Cheney Profile picture
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8 Dec, 6 tweets, 2 min read
BREAKING: Judge Sullivan dismisses the FLYNN case, declaring it moot after the Trump pardon.
WOW: Sullivan says the circumstances of DOJ's effort to dismiss the Flynn case were so unusual that it would likely have overcome "the strong presumption of regularity" that attaches to DOJ decisions
Sullivan makes the point that was long expected: it doesn't matter that FBI agents didn't think Flynn was lying at the time. Or that Comey wasn't sure either.
SULLIVAN emphasizes that Flynn's acceptance of a pardon does not confer innocence upon him.
SULLIVAN also makes clear the evidence doesn't support DOJ's reaosns for dismissing the case and that it appeared pretextual.

He noted that Flynn's lawyer, Sidney Powell, conferred with Trump on the case and had urged Trump not to pardon him immediately.
NEW: Judge SULLIVAN used the dismissal of the Flynn case to excoriate the Justice Department and raise pointed questions about whether Trump had compromised its independence.

w/ @joshgerstein

politico.com/news/2020/12/0…

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More from @kyledcheney

Kyle Cheney Profile picture
10 Dec
NEWS: Federal judge in Wisconsin — the lyrically named Pamela Pepper — dismissed yet another Kraken lawsuit intended to overturn the state's election results.

"Federal judges do not appoint the president in this country." Image
Gives me another bite at this apple:

The full ruling: beta.documentcloud.org/documents/2042…
Read 4 tweets
Kyle Cheney Profile picture
7 Dec
BREAKING: Federal judge in Georgia rules from the bench. Kraken lawsuit dismissed.
Judge BATTEN says the plaintiffs — GOP electors — lack standing. They waited too long to file the suit. And the issue should be litigated in state court, not federal.
"They ask the court to order the secretary of state to decertify the election results as if such a mechanism even exists, and I find that it does not," Batten says.
Read 4 tweets
Kyle Cheney Profile picture
4 Dec
GOP speaker in Arizona says Trump effort to overturn election is an affront to lawmakers' oath of office.

"It would violate ... the basic principles of republican government and the rule of law if we attempted to nullify the people's vote based on unsupported theories of fraud."
BUT: Dozens of Republicans in Pennsylvania's legilsature — including House speaker — are urging their congressional delegation to challenge Joe Biden's win in the state on Jan. 6.

It comes amid a growing pressure campaign from Trump/Giuliani. Story TK.

pahousegopnews.com/AttachedFiles/…
MEANWHILE: Trump's run of futility in litigation continues.

Read 4 tweets
Kyle Cheney Profile picture
3 Dec
JUST IN: In sentencing memo, attorneys for Kevin CLINESMITH — who pleaded guilty for altering an email related to Carter Page FISA — seek sentence of probation.

His career and reputation are "in shambles" they say, and that's punishment enough.
The memo describes Clinesmith's conduct as a "grievous mistake" — a decision to "cut a corner" rather than intentionally lie in the process of surveilling Page.
UHH: One of the character witnesses for Clinesmith wants the judge to know that Clinesmith:

-Had his Bachelor Party at the Daytona 500

-Once organized a Taylor Swift Madness Contest to replace March Madness canceled bc of Covid

-Introduced him to the Untitled Goose Game.
Read 6 tweets
Kyle Cheney Profile picture
3 Dec
NEW: Trump allies released the Kraken. Only it can’t spell, is terrible at geography and keeps misidentifying plaintiffs.

The baseless fraud suits overseen by Powell/Wood have instead come to be defined by a growing list of blunders.

w/ @ZachMontellaro

politico.com/news/2020/12/0…
The errors have been significant. In a Wisconsin suit, they sought video footage from a voting center in Detroit. An affidavit in MI named a nonexistent county. And a legal expert mixed up MI communities with MN ones.

Judges tend to notice these things. politico.com/news/2020/12/0…
Powell acknowledges the errors and says they’re simply the result of being human and relying on a small team working around the clock. Her full statement:

politico.com/news/2020/12/0…
Read 4 tweets
Kyle Cheney Profile picture
2 Dec
Lin Wood — at press conference alongside Sidney Powell that has a Trump rally vibe — leads a "lock him up" chant for Georgia Gov. Brian Kemp.
Someone at the rally literally carrying a pitchfork. Image
Now, as Sidney Powell speaks, she draws loud boos when she mentions DOJ (a day after Barr threw cold water on claims of widespread fraud).
Read 9 tweets

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