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25 May, 7 tweets, 3 min read
Breaking: DOJ will appeal the recent court ruling that blasted ex-AG Bill Barr's handling of the Mueller report and ordered the release of an underlying memo to @CREWcrew.

Congressional Democrats had urged AG Garland *not* to do this.
This filing from DOJ sheds light of AG Garland's thinking. In short, DOJ is appealing because this case would create a precedent, and because it's not happy with Judge Berman Jackson's view of a FOIA exemption known as the "deliberative process privilege."
drive.google.com/file/d/11Uv0aM…
One way of thinking about AG Garland's move tonight: He's not protecting Bill Barr so much as protecting the federal government's ability to reject FOIA requests in the future by invoking the "deliberative process privilege."
By the way, DOJ said it's fine with releasing the first page and a half of a March 2019 memo that Barr says he relied upon.

A big reason @CREWcrew filed its lawsuit in the first place was the get this memo.

DOJ will fight to keep the rest of it hidden.
assets.documentcloud.org/documents/2078…
GWU law prof and ex-prosecutor 👇
Garland tried the thread a needle. The brief apologizes for "imprecise" arguments DOJ lawyers made during the Trump era. But the brief pushes back against the idea that they intended to mislead the judge.
@neal_katyal on MSNBC:

"Now, in an ordinary world, this would not an unusual decision...In an ordinary world, I would have appealed this decision...But the problem here is that this investigation is anything but ordinary."
msnbc.com/the-last-word/…

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More from @JanNWolfe

Jan Wolfe Profile picture
11 May
Christopher Miller, the Pentagon chief on January 6, will testify tomorrow that he personally believes Trump "encouraged" the deadly attack.
Christopher Miller, the Pentagon chief on January 6, is going to be grilled by Rep. Carolyn Maloney shortly, Judging by her opening remarks, she's skeptical of his claim that the Defense Dept did everything by the book.
Update: Miller didn't read out aloud his prepared remarks that criticized Trump. Quite unusual.
Read 4 tweets
Jan Wolfe Profile picture
23 Mar
It sure looks like DOJ is gonna get scolded for its "recent statements to the media" about the Capitol attack. The judge ordered a last-minute court hearing in the Oath Keepers case.
In an unusual court hearing, U.S. District Judge Amit Mehta said he was "surprised" by remarks prosecutor Michael Sherwin made to "60 Minutes," and said other officials may have violated DOJ policies by speaking to the New York Times.
"This case will not be tried in the media," said Judge Mehta, clearly upset about the 60 Minutes interview and the NYT story.

The judge said he would consider imposing a "gag order" if the pattern continues.
Read 4 tweets
Jan Wolfe Profile picture
22 Mar
A defense lawyer is trying her best to humanize George Tanios, one of the men charged with pepper-spraying Capitol Police officers. She's called a bunch of witnesses — her client's distraught mother, a family friend, an ex-employee, the mother of his young children, etc...
In a bit of a tangent, the judge is harshly criticizing Trump. To paraphrase, he's saying Trump's refusal to accept the democratic process led to the events of Jan 6, caused immense harm to our country, and brought out the worst in people with no prior criminal history.
New: After an emotional court hearing, the judge jailed George Tanios, who is charged with assaulting Capitol Police officers with bear spray.

Yes, Tanios has children and a family who loves him, but he's still a "danger to the community," the judge says.
Read 4 tweets
Jan Wolfe Profile picture
26 Feb
The Oath Keepers tried to set up "quick reaction forces" stationed outside DC on 1/6 who would have "guns and weapons at the ready," a prosecutor said.

Because of the sensitive nature of the investigation, the judge has now closed the hearing to the public.

(fixed typos)
The Oath Keepers made "substantial efforts" to set up a heavily armed strike force outside DC, ready to swoop in, a prosecutor said.

"There were substantial efforts to make that a reality — to have guns and weapons available, at the ready, for people like Jessica Watkins."
Jessica Watkins, one of the Oath Keepers, was at the Capitol to help maintain "law and order," her defense lawyer said.

"After Jan 6, she referred to the fact that they were there to help with law and order."

The judge was skeptical, saying the evidence contradicts this.
Read 5 tweets
Jan Wolfe Profile picture
4 Feb
Now two lonely Republicans have voted to strip Rep. Marjorie Taylor Greene of her committee assignments. Rep. Brian Fitzpatrick has joined Rep. Adam Kinzinger in voting yes.
Oddly, Rep. Newhouse (R-WA) switched from "yes" to "no" so deleted earlier tweet.
At the buzzer, a little wave of Republicans voted to remove Rep. Marjorie Taylor Greene from her committees. We're now at 11 of them, with just a few votes left to be cast.
Read 4 tweets
Jan Wolfe Profile picture
23 Jan
The U.S. Secret Service has "met extensively" with Lin Wood about his comments, including the tweet where he called for Pence to be executed, he said on a Mercer University School of Law conference call. I've listened to the audio.
Lin Wood joined a call about whether Mercer University should rename a courtroom bearing his name. The law school's dean, not realizing Wood was on the call, spoke very candidly and said she's worried about his "violent" tweets. He got upset at her, and a student. Some excerpts:
Here's Lin Wood fighting with a law student over whether a courtroom should still named after him. It's really something.
Read 4 tweets

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