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Kyle Cheney Profile picture
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18 Oct, 9 tweets, 5 min read
NEWS: Trump is suing the National Archives and the Jan. 6 select committee to block release of his White House records.

Story TK w @woodruffbets
@woodruffbets Trump's main arguments:

-Committee lacks a valid legislative purpose
-Overbreadth of document requests

politico.com/news/2021/10/1…
@woodruffbets The 26-page lawsuit:

politico.com/f/?id=0000017c…
@woodruffbets Some early issues with the Trump argument: the Mazars ruling (which took no position on the committee's investigation) only applied to investigations of a *sitting president.*

Not clear how that's applicable here.

politico.com/news/2021/10/1…
@woodruffbets Another issue: The committee has set out its legislative purpose pretty clearly. Potential reforms to:

-Domestic terrorism law
-Intelligence gathering
-Security of the Capitol
-Foreign influence efforts
-Social media policy
@woodruffbets NOTABLE: Trump says that if the Presidential Records Act allows Biden to overrule him on executive privilege questions, then the law itself is unconstitutional.

politico.com/news/2021/10/1…
@woodruffbets ALSO: Trump team badly misrepresents SCOTUS ruling in Mazars case. The court didn't "shoot down" anything but did ask lower courts for nore detailed review. That review is ongoing but House effort to get Trump's financial records has still won at just about every level.
NOTABLE: The suit was filed on Trump's behalf by Jesse Binnall, an attorney who previously partnered with Sidney Powell to overturn Michael Flynn's guilty plea and who helped Trump attempt to litigate claims of election fraud in Nevada. politico.com/news/2021/10/1…
MORE: The National Archives' Oct. 13 letter to Trump makes clear the first tranche of Jan. 6 documents is extremely small. Just over 130 pages.

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More from @kyledcheney

Kyle Cheney Profile picture
20 Oct
Notably, Jordan’s own interactions with Trump leading up to Jan. 6 are among the topics of interest to the committee.
Also expect Jim Banks — McCarthy’s initial pick to be ranking member on Jan. 6 committee — to testify.
GAETZ, who has defended the detained Jan. 6 defendants, is also expected to testify here.
Read 12 tweets
Kyle Cheney Profile picture
19 Oct
NEWS: The full House's criminal contempt vote on Steve Bannon is planned for *Thursday,* multiple House Democratic sources tell us.

The latest on contempt from me, @joshgerstein and @heatherscope

politico.com/news/2021/10/1…
@joshgerstein @heatherscope THOMPSON lays down a marker — criminal contempt for those who defy committee:

"I want other witnesses to understand something very plainly: if you’re thinking of following the path Mr. Bannon has gone down, you’re on notice that this is what you’ll face" politico.com/news/2021/10/1…
@joshgerstein @heatherscope NOTABLE from Cheney:

"Mr. Bannon’s and Mr. Trump’s privilege arguments do...appear to reveal 1 thing: they suggest that Pres. Trump was personally involved in the planning and execution of January 6th. And this committee will get to the bottom of that"

politico.com/news/2021/10/1…
Read 4 tweets
Kyle Cheney Profile picture
18 Oct
JUST IN: The Jan. 6 select committee has released its report and resolution calling for BANNON to be referred to DOJ for criminal contempt charges. docs.house.gov/meetings/IJ/IJ…
The House and Trump both drew from the Mazars ruling to support their cases today >>>
IMPORTANT: As the committee notes, there are *many* subjects lawmakers could ask Bannon about that clearly have no conceivable relationship to 'executive privilege' at all.
Read 4 tweets
Kyle Cheney Profile picture
16 Oct
Jan. 6 defendant Daniel Rodriguez plans to argue at trial that he was acting under Donald Trump’s authority. That argument has really flown with judges so far.
Rodriguez admitted in an FBI interview that he tased Officer Fanone as he was being dragged through the Jan. 6 mob.

His lawyer tonight says the interview (which she appended to her filing) should be suppressed because he wasn’t properly Mirandized.

Some key passages:
A very important “not” was missing from the above tweet. The argument has not flown with judges.
Read 5 tweets
Kyle Cheney Profile picture
15 Oct
NEWS: A 25-year veteran of the Capitol Polcie force has been charged with helping a Jan. 6 rioter attempt to obstruct justice.

The officer, Michael Riley encouraged him to remove Facebook posts that revealed his presence in the Capitol.

Story TK
Riley, a 25-year veteran of the US Capitol Police force, proactively reached out to the rioter on Jan. 7 after seeing Facebook posts that revealed he was in the Capitol.

He encouraged the unnamed rioter to remove the posts.

politico.com/news/2021/10/1…
IMPORTANT: The FBI appeared to be aware of the contacts between the officer and the Jan. 6 rioter as early as January. But USCP Chief Thomas Manger said he only learned about the case "several weeks ago."

politico.com/news/2021/10/1…
Read 10 tweets
Kyle Cheney Profile picture
12 Oct
JUST IN: Federal judge sentences Jan. 6 rioter Dona Bissey to 14 days of incarceration, no probation.

DOJ had asked for probation but not incarceration.
Prosecutors, during sentencing hearing, described Bissey as a conspiracy theorist who spread misinformation about Covid, QAnon and the 2020 election.
A lot has been made about relatively short or lenient sentences in early wave of plea deals.

These are for misdemeanor defendants not charged with violence or destruction, who pleaded guilty and who expressed remorse. Was always going to be the wave with the lightest punishment.
Read 4 tweets

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