Gordon Sondland's lawsuit (assets.documentcloud.org/documents/2078…) — seeking $1.8M in legal fees that he says Pompeo promised would be reimbursed b/c he was denied govt counsel in the Ukraine probe — is a reminder of allll the Trump-era legal messes Biden inherited. See: buzzfeednews.com/article/zoetil…
Sondland's theory is that the US is liable for his fees, or alternatively that Pompeo personally is — Sondland is hedging that if the fed govt isn't responsible, Pompeo can't claim he was acting in his official capacity and get the civil legal protections that come with that
Recall the fight over whether DOJ could step in to defend Trump against E. Jean Carroll's suit — it hinged on whether Trump was acting within the scope of his employment as prez when he accused Carroll of lying when she went public with her rape allegation buzzfeednews.com/article/zoetil…
As an aside, lawsuits over attorney fees are one of the few windows we (the public and the press) have into the hourly rates and time sheets of private law firms, so that's something to look forward to #onceanNLJreporteralwaysanNLJreporter
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Late night action: The Biden administration will argue to keep most of a Trump-era Justice Department memo secret buzzfeednews.com/article/zoetil…
DOJ filed notice late last night that it would partially defend the Trump admin's decision to keep a March 2019 memo secret that Bill Barr cited in clearing Trump of obstruction.
The case was briefed in the fall. This is first time DOJ under AG Garland weighed in, and lawyers said the judge had misunderstood the purpose of the memo and blamed "imprecision" in the govt's earlier briefs. The word "regret" appears five times. buzzfeednews.com/article/zoetil…
Now: DOJ notifies the court that it will appeal a judge's order to release a March 2019 memo re: not prosecuting Trump for obstruction in the Russia probe. More to come shortly.
UPDATE: In an accompanying motion asking for a stay, DOJ explains that they're actually partially appealing — they're okay with releasing part of the OLC memo, but not all of it assets.documentcloud.org/documents/2078…
Here's the latest version of the OLC memo that DOJ has made public, now with the first page and a half unredacted — the rest is still blacked out and DOJ intends to appeal and argue to keep it sealed: assets.documentcloud.org/documents/2078…
Texas man who owns a coffee roasting company agrees to speak with the FBI about his involvement in the Capitol riots and ... sends the agents home with two bags of coffee assets.documentcloud.org/documents/2078…
Meanwhile, during the interview Vic Williams told FBI agents he didn't go into the Capitol, but in the next section of the affidavit, the FBI says they ID'd him entering the building
Vic Williams, the recently charged Jan. 6 defendant who sent FBI agents home with bags of coffee (see thread), promoted his coffee bean roasting company on Instagram with MAGA-themed memes
Hello from remote court, where a status hearing is scheduled to get underway soon in the case of Jan. 6 defendant Jacob Chansley. Will his lawyer's recent media appearance (see below) come up? Stay tuned.
Sigh, it appears the public line wasn't connected for the first few minutes, it just kicked on mid-hearing. Chansley's lawyer is discussing a potential mental health evaluation for Chansley and his need for urgent medical care
Prosecutor says they don't oppose a competency evaluation, but if the defense raises an argument about his competency to stand trial the govt will likely object to that, and would definitely oppose any renewed effort by Chansley to get out of pretrial detention
Alleged Capitol rioters are arguing to judges that they shouldn't be tried in DC because of "cancel culture" buzzfeed.com/zoetillman/cap…
Defendants charged in the Jan. 6 insurrection are arguing to move their cases out of DC because of "cancel culture." On what they're telling judges, how prosecutors are pushing back, and why it's rare for these types of motions to succeed buzzfeednews.com/article/zoetil…
Prosecutors are arguing that if Roger Stone and the Nixon-era officials charged in the Watergate scandal could be tried in DC, so can the Jan. 6 defendants buzzfeednews.com/article/zoetil…
Judges repeatedly blocked abortion bans like the one passed in Mississippi, noting SCOTUS precedent made clear they were unconstitutional. Anti-abortion activists expected this — the goal was to tee up new cases for SCOTUS to revisit the issue entirely buzzfeednews.com/article/zoetil…
Judge James Ho, a prominent conservative confirmed under Trump, was on the 5th Circuit panel that blocked Mississippi's abortion ban. He noted the state's lawyers didn't even ask for argument — a sign they knew they were going to lose on the way to SCOTUS buzzfeednews.com/article/zoetil…