Judge Amy Berman Jackson reviewed lots of documents, found lots of misdirection from DOJ
-Barr's team was already working on telling Congress DOJ wouldn't prosecute Trump when appointees Steve Engel, Ed OCallaghan finalized a memo that was supposed to advise the AG on what to do
-DOJ lawyers in court trying to keep the memo secret told the judge it was legal/policy discussions, thus, able to be redacted under the law.
ABJ says it wasn't just deliberative, it was strategy too. DOJ was pretending in court it wasn't, she wrote
-AND she calls out Barr for how, to Congress, he pinned his decision-making on consultation with DOJ legal advisers
"The fact that [Trump] would not be prosecuted was a given," Judge Jackson wrote.
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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…
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
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
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.
"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.
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"
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…