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4 Mar, 5 tweets, 1 min read
Some non-insurrection court activity this a.m.: Trump continues to fight a House Oversight subpoena for his financial docs, and the parties were in district court to set a schedule for another round of briefing focused on applying the test that SCOTUS articulated last summer
For a refresher on how SCOTUS revived this fight last year and sent it back for more proceedings on the separation of powers issues at play: buzzfeednews.com/article/zoetil…
House Oversight reissued the subpoena in February, keeping the fight alive. Lawyers for Dems and Trump gave a very brief preview of what’s to come, incl. a fight over how much it matters that Trump isn’t president now re: the separation of powers issues that SCOTUS addressed
The new briefing schedule takes us into the summer. Given that whoever loses can again appeal, don’t expect a final resolution soon. The committee agreed not to enforce the subpoena in the meantime, so no one's in a huge rush (Trump isn't seeking a prelim injunct, for instance)
tldr: House Dems don't have Trump's financial records yet, Trump is still fighting the subpoena, this is all going to take a while longer to sort out

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More from @ZoeTillman

Zoe Tillman Profile picture
3 Mar
Now: A judge ruled that Ethan Nordean, a Proud Boys leader charged in the Capitol insurrection, will be released pending trial — the judge called it a "close case," but found the govt’s args wanting re: the strength of evidence that he aided/abetted others in destroying property
During the hearing, the govt sort of backed off a claim that Nordean led others in a plan to split into groups and break into the Capitol at different points — govt said it stood by it, but since it was disputed it would withdraw it as a factor for consideration re: detention
Chief Judge Beryl Howell noted that other Proud Boys defendants, incl. some with similar leadership roles and who were accused of property destruction, were released without opposition from the govt, and that she had concerns about consistency in these cases
Read 5 tweets
Zoe Tillman Profile picture
3 Mar
A detention hearing of note this morning in the case of Bruno Cua. Prosecutor described Cua's case as "one of the most terrifying," citing his extensive posts on Parler before and immediately after Jan. 6. No ruling from the bench, here are highlights from today's arguments:
The contrasting narratives presented to the judge:

Defense: This is an immature 18-year-old who was manipulated by things he saw online and now regrets it.

Prosecution: This is a dangerous person who is an adult in the eyes of the law and made good on threats against the govt.
Cua’s lawyers asked the judge to release him to his parents, who came with him to DC on Jan. 6 to attend Trump’s rally. His mother spoke and grew emotional as she pleaded with the judge, saying she “should have known better” and felt “stupid” for believing the election fraud lie
Read 7 tweets
Zoe Tillman Profile picture
2 Mar
Now: A judge has granted release to Clayton Mullins, a Kentucky man charged with assaulting police at the Capitol. The judge wasn't thrilled about it, though, and expressed confusion about why the govt sought detention on narrower grounds, which tied her hands. More to come.
New: A judge reluctantly granted pretrial release today to Clayton Mullins, charged with assaulting a cop at the Capitol on Jan. 6. She said she was "puzzled" by the govt's arguments, and likely would have kept Mullins in jail but her hands were "tied." buzzfeednews.com/article/zoetil…
The detention issue in Mullins' case came down to *how* the government framed it's request to keep him behind bars. Instead of arguing he was charged with a crime of violence, they argued he was a flight/obstruction risk, which were narrower grounds buzzfeednews.com/article/zoetil…
Read 5 tweets
Zoe Tillman Profile picture
2 Mar
FBI Director Chris Wray is testifying before the Senate Judiciary Committee this morning. He says they've gotten more than 270,000 digital media tips from the public about the Capitol insurrection.

For more on how the FBI has been tracking people down: buzzfeednews.com/article/zoetil…
Grassley asked for an update on the investigation into Officer Sicknick's death. Wray said there was little he could say beyond the fact that the investigation is ongoing. Pressed by Grassley, Wray said he couldn't disclose if they had determined a cause of death yet.
Just before Grassley asked about Officer Sicknick, Sen. Durbin had asked if the FBI had any evidence of "fake" Trump supporters organizing the Capitol attack. Wray said there is no evidence of that.
Read 4 tweets
Zoe Tillman Profile picture
1 Mar
Most Capitol Rioters Went Home. This Is How The FBI Is Tracking Them Down. buzzfeednews.com/article/zoetil…
A deep dive: Court documents in the Capitol insurrection cases reveal the chance encounters, coincidental acquaintances, constellation of tipsters, and wide array of law enforcement tradecraft that are helping the feds build these cases and make arrests buzzfeednews.com/article/zoetil…
The guy arrested after state police got a call he was trying to stop a relative from getting a COVID vaccine. The woman ID'd when she went to a sheriff's office to get a gun permit. The man recognized by his college classmate — who is now an FBI agent. buzzfeednews.com/article/zoetil…
Read 4 tweets
Zoe Tillman Profile picture
26 Feb
Way, way back in Jan. 2017, DC police conducted mass arrests during protests on Trump's inauguration day. Lawsuits alleged constitutional violations: 
buzzfeednews.com/article/zoetil…

There's a tentative settlement, but things have gotten a bit messy. Short thread on a hearing today:
A judge had ruled some claims could go forward, and then there was a long stretch of mediation/settlement talks. Everything seemed on track for resolution, but then last month the ACLU alerted the judge that DC seemed to be dragging its feet in signing: 
Which brings us to today's hearing. DC's lawyer said they have to submit any monetary settlement for mayoral approval, and didn't know how much longer that would take and couldn't guarantee for sure it'd get final approval. Judge Amy Berman Jackson was not thrilled to hear this.
Read 6 tweets

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