Kyle Cheney Profile picture
Jan 7, 2021 4 tweets 1 min read Read on X
It's 2:55 a.m. and I just figured out how Pence massaged the rules of the Electoral College counting session to avoid introducing the "rival" slates of Trump electors.

These are the instructions VPs have given out at the start in each of the last 5. Note the difference? Image
TLDR: The law specifies that the VP must introduce all "purported" electoral votes. This year, that might've included the unserious/mock Trump electors.

But Pence worked with the parliamentarian to interpret it so only electors backed by a state "authority" would be introduced.
Note how Pence emphasizes, before introduced each state that not only is the slate of electors "regular" and "authentic," but that the parliamentarian has advised him is the only one backed by a state "authority."

That is not a regular acknowledgment at these sessions.
A lot of people interested in this process. Even had Pence introduced these electors, which it’s not entirely clear he had authority to do, they would be legally invalid and unable to be counted by Congress. It would have accomplished nothing except making a lot of people angrier

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More from @kyledcheney

Jan 31
!! Judge Biery has ordered the release of 5-year-old Liam Ramos — who became a symbol of ICE's aggression in MN

"The case has its genesis in the ill-conceived and incompetently-implemented government pursuit of daily deportation quotas..even if it requires traumatizing children storage.courtlistener.com/recap/gov.usco…Image
Never seen a ruling like this: "Observing human behavior confirms that for some among us, the perfidious lust for unbridled power and the imposition of cruelty in its quest know no bounds and are bereft of human decency. And the rule of law be damned." storage.courtlistener.com/recap/gov.usco…Image
NEW: As he released 5-year-old Liam Conejo Ramos, Judge Biery warned of vast lawlessness and inhumanity in the Trump administration’s mass deportation efforts. He said courts amounted to “a judicial finger in the dike.”

politico.com/news/2026/01/3…Image
Read 7 tweets
Jan 29
Judges around the country are eyeing what's happening in Minnesota. In a ruling freeing a detained immigrant here, Judge Goodwin of West Virginia said he couldn't ignore the crises in MN.

"Constitutional rights do not only protect persons when a lawsuit has been filed. storage.courtlistener.com/recap/gov.usco…Image
Judge Traynor becomes latest in a vanishingly small -- but steadily growing -- minority of judges to side with the Trump administration's mandatory detention policy. He says it's a "sorrowful conclusion" to remove a law-abiding man from his family.

Notably, Tryanor -- a North Dakota-based Trump appointee -- is apparently handling cases in Minnesota due to the immense backlog of habeas petitions.

storage.courtlistener.com/recap/gov.usco…Image
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UPDATE: Another judge in Minnesota, Reagan appointee David Doty, rules a detention by ICE illegal — and threatens contempt for a failure to return the man to Minnesota. storage.courtlistener.com/recap/gov.usco…Image
Read 9 tweets
Jan 26
HAPPENING NOW: Minnesota v. Noem hearing is underway before Judge Menendez, who will weigh whether to order an end to Operation Metro Surge. AG Keith Ellison is at counsel table for the state.
Lawyer for the state, Lindsey Middlecamp, begins by demanding immediate end to "unlawful and unchecked invasion" by federal agents. She cites the Alex Pretti killing and says things are escalating, not improving.
Middlecamp says AG Bondi's letter to the state amounted to a "ransom note" and that messages from her and President Trump amounted to an unconstitutional attempt to coerce the state to change its policies.
Read 16 tweets
Jan 25
Since July, I've tracked at least 2,300 cases in which federal judges have ruled ICE has illegally detained people without bond or due process.

This is one that stands out:
storage.courtlistener.com/recap/gov.usco…Image
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Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…Image
Image
Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…Image
Read 15 tweets
Jan 15
HAPPENING NOW; Judge Young is picking up where he left off in his remarkable opinion describing an unconstitutional scheme to arrest/deport pro-Palestinian activists in violation of their constitutional rights:

"There was no policy here. What happened here is an unconstitutional conspiracy to pick off certain people, to twist the laws."

"Two cabinet secretaries conspired ... they intentionally, knowing what they were doing, counseled by professionals who cautioned them, nevertheless went ahead to pick off these people with the intention that your clients would be chilled. And did so rather effectively, by the way."
YOUNG: "The big problem in this case is that the cabinet secretaries and ostensibly the president of the United States are not honoring the First Amendment."
YOUNG, speaking of Secretary Rubio and Secretary Noem: "These cabinet secretaries have failed in their duty to uphold the constitution."
Read 4 tweets
Jan 13
HAPPENING NOW: In federal court in MN, DOJ is struggling to articulate why a person following an ICE vehicle — so long as they are obeying traffic laws — can be stopped for "reasonable suspicion" of a crime.

Judge Menendez sharply questioning that contention.
Judge Menendez has not tipped her hand entirely yet but she seems concerned that DOJ provided no firsthand evidence to counter the specific, evidence-backed claims by protesters that they were arrested / seized in retaliation for First Amendment speech.
Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat.
Read 6 tweets

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