Breaking tonight: DOJ has now given the greenlight for plea deals in at least some of the lower-profile Capitol riot cases.

Expect some of the 350+ cases to start moving now in court cnn.com/2021/04/08/pol…
Next week marks 100 days since the insurrection, and it's now one of the most sprawling and intensive criminal investigations in American history.
Yet the crush of defendants and evidence in such an unusual set of cases created a logjam in court.
Flipping defendants was already in the works this week, per a court filing and my reporting yesterday.

But leadership at DOJ hadn't signed off on making deals w defendants to plead guilty. (Likelihood is that lots will go that route) cnn.com/2021/04/07/pol…
"There's no formula in place to say, 'OK, this is what they're going to offer'" for defendants from the Capitol riot, one attorney told me. These cases aren't like other crimes where there's a well-worn matrix for prosecutors and defense attys to look to for cutting deals
Next steps:
Indictments and criminal complaints will turn into "information" filings, where charges could be rewritten/softened.
Judges will hold plea hearings.
Sentencing dates will get on the calendar.
And we'll learn if DOJ is signing up cooperators.
Here's a eye-opener from the Federal Judiciary:
More than 90 percent of criminal defendants plead guilty; don't go to trial.

It may be awhile until we know if the Capitol riot cases ultimately track w the national statistics.

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More from @kpolantz

18 Mar
Guilty verdict of Michael Flynn’s former lobbying partner Bijan Kian, for illegally and secretly working for Turkey in 2016, will stand, 4th Circuit rules.

A trial judge had thrown out the jury verdict and ordered a new trial—but that was the wrong call, the appeals court says
The 4th Circuit said a jury was able to conclude that Kian and a Dutch-Turkish contact of his had conspired to work for Turkey and did not disclose the work to DOJ. 
The court noted that it would “refrain from drawing conclusions with respect to Flynn’s alleged participation.”
What this means, in the big picture:
-Big win for DOJ in efforts to enforce FARA
-A reminder that Flynn Intel Group was advocating for Turkey’s interests in 2016–just as Flynn was about to become Trump nat sec adviser
-Flynn’s still got his pardon, and it covers the Turkey stuff
Read 4 tweets
19 Feb
In the Capitol riot cases, judges have split on whether to keep defendants in jail before trial. That’s not unusual, given how the system works and the charges that are being used—but it’s a surprise to many people tuning into these cases cnn.com/2021/02/19/pol…
This report from 2018 really digs into the numbers on pretrial detention in the federal judiciary—and the reasons people are detained following an arrest. uscourts.gov/sites/default/…
I didn’t realize until reading this report how skewed the numbers are for Hispanic defendants being detained—and that’s bc immigration cases present more of a risk the person could flee the country, making detention far more likely for people arrested on immigration charges
Read 14 tweets
17 Feb
NEW reporting on Roger Stone and the Proud Boys:

Prosecutors investigated them in 2019 re: Stone's Instagram post about the judge in his case. Proud Boys leaders including Enrique Tarrio were subpoenaed for grand jury testimony. No charges resulted.

cnn.com/2021/02/17/pol…
"They asked me about if I had anything to do about posting that. They were asking me if Stone has ever paid me, what he's ever paid me for," Florida Proud Boys head Tyler Ziolkowski told CNN this week.
Roger Stone's ties to the Proud Boys are still in the news following the Jan 6 Capitol riot.
This 2019 investigation, which hasn't been revealed before, shows prosecutors already looked into some aspects of the far-right organization's leaders' ties to Stone.
Read 6 tweets
14 Nov 20
To sum up where things stand: Trump had a very bad Friday in court with his election cases. They're headed for more action next week cnn.com/2020/11/14/pol…
Some notable points in the recent election court filings that were overshadowed by the bluster and the rulings against Trump:
- The new 3rd Circ decision cuts out some claims Trump was trying to make in PA--putting his weak case in an even worse position cnn.com/2020/11/14/pol…
In lawsuits in PA and WI from private individuals trying to block the election results, they promise evidence of fraud--but say it doesn't exist yet! From the filings: "This evidence will be shortly forthcoming when the relevant documents are final and available"
Read 17 tweets
4 Nov 20
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…
Read 6 tweets
15 Oct 20
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

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