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28 Sep, 5 tweets, 2 min read
A letter from a month ago popped up on the Giuliani search warrant docket today. It outlines the dispute between Giuliani and SDNY, the office he used to lead, over the temporal scope of their review of the data on Giuliani’s devices. h/t @emptywheel. storage.courtlistener.com/recap/gov.usco…
A subsequent letter indicates SDNY narrowed the scope of its request, letting the Special master exclude anything that’s clearly from before a date in 2018, but disagreements remain. storage.courtlistener.com/recap/gov.usco…
Grandy Jury
SDNY is supposed to "promptly" file three of its letters relating to this dispute, and *Dmitry Firtash* is supposed to file two of his, but they haven't done it yet.
Giuliani wants the court to consider that he’s no ordinary man.

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More from @nycsouthpaw

southpaw Profile picture
29 Sep
Fielding errors play an outsized role in the congressional baseball game.
Republicans, picking on a weak center fielder, erase the Democrats’ early lead with back-to-back inside the park home runs. They now lead 5-3 as the first inning comes to an end.
By a millimeter, we just missed the most epically symbolic play at the plate imaginable in a congressional baseball contest.
Read 19 tweets
southpaw Profile picture
27 Sep
The Senate is voting on cloture for the motion to proceed to the CR + debt ceiling bill. 60 votes are needed under current senate rules and in all likelihood won’t be had.
On the Senate floor during this vote, the Democrats wear masks and the Republicans don’t (except Susan Collins).
Manchin was walking past a small group of Republicans and Tuberville grabbed his arm and dragged him bodily into a conversation with Cassidy and Cornyn.
Read 6 tweets
southpaw Profile picture
22 Sep
Eastman’s argument in Section 1 is that, on the one hand, the constitution is so strict about state legislatures controlling every aspect of election procedures that if a county exec sets up new polling locations or a court modifies a date, then Biden’s electors don’t count …
and on the other hand, any group of dudes can meet and act as Trump electors whenever and wherever and however they want, without so much as a tissue of connection to state law or state certification, send their votes to the Senate, and have them counted as equally valid.
This guy is a powerful figure in the conservative movement, a leader of the federalist society, and a professor at Claremont. And he tried to overthrow the republic—sat in the Oval Office and pressed this case to the president and vp—using an argument this stone stupid.
Read 5 tweets
southpaw Profile picture
17 Sep
Every year before the court gets back to work in October, the justices do some press and they typically say some media-bashing stuff like this—arguing that legal realism is something deceitful reporters made up and foisted on the people. washingtonpost.com/politics/court…
But it’s not true. Legal realism is predictive in ways that all the jewel box ideologies the Justices like to invent and lecture about are not. And it’s practiced discreetly by the clerks and lawyers who are closest to the court. The best documented example: Brett Kavanaugh.
Before he was on the court, Kavanaugh was one of the Republican lawyers who worked in the Bush White House picking right wing judicial nominees and kibitzing about what the courts were going to do. We have his emails. And they’re shot through with the views Thomas denounces here.
Read 4 tweets
southpaw Profile picture
16 Sep
The Michael Sussman indictment out of the Durham investigation, via the Washington Post. context-cdn.washingtonpost.com/notes/prod/def…
lol ok
To explain, the whole basis for this indictment is that (a) DOJ hazily contends that Sussman represented the Clinton campaign and (b) Jim Baker doesn't remember him saying that he did and this other guy's hearsay notes suggest he said he wasn't there on behalf of a client...
Read 5 tweets
southpaw Profile picture
15 Sep
As with other pre-indictment stories on federal investigations, I’ll caution this news likely comes via the defense lawyers and may reflect their particular lens on the case or their desire to position it a particular way in the public sphere. nytimes.com/2021/09/15/us/…
On the other hand, the Durham investigation has been pretty peculiar so maybe it is doing something outlandish.
So with that throat clearing out of the way, the allegation as presented in the story is that a Perkins lawyer went to the FBI to present the Alfa bank research and, in some prefatory remarks recalled by the FBI GC, misrepresented on whose behalf he was doing it.
Read 6 tweets

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