A killer opener in the brief filed by @carterwpage attorney. 1/
2/ Here's the link for anyone wanting to read in its entirety. I'll be adding some points here and if it merits, write up an article later. So stay tuned...storage.courtlistener.com/recap/gov.usco…
3/ BOOM!
4/ Great "closer" to the introduction.
5/ Detail assumed but now confirm: Page helped CIA. Note also CIA told FBI bad actors Page was solid re candor.
6/ Just got Exhibit A off Pacer (not on courtlistener). Great summary of the issues by individual defendants, the 8 being Brian Auten (first I've heard of him-more as I get handle on alleged involvement), Clinesmith, Comey, McCabe, Page, Pientka, Somma, Strzok.)
7/ FN hits point been stressing for years: The damage to @carterwpage was personal and horrible but there was also a damage to our country. Unlike many on right, I am not opposed to FISA warrants & believe necessary to protect our country, this "get Trump" made U.S. less safe.
8/ To Be Continue....DS & DM time....
9/ Interesting, not sure I realized the FISA statute included a criminal provision as well. Statutory language, but includes a defense where a warrant. Wonder how that plays out as in facts here, i.e., could they have been charged criminally under FISA? 🤔
10/ "Aid or abet" interesting and ties to liability.
10/ So, here's the standard for "aiding and abetting".
11/ How did Comey allegedly aid and abet? Comey had info re Page.
12/ McCabe: Boom. Another killer line!
13/ So was Clinesmith that lawyer too? Great Question. And didn't know Clinesmith while altering email re Page was telling Page not to go public with innocence, via lawyer:
14/ Who leaked to press re Page?
15/ OMgosh....this line....perfection!!!
16/ I don't think I had quite put together this sequence of text/emails/timing before. But sure, McCabe & Comey did nothing personal, just signed name....
17/ WHOA is @NatSecLisa the leaker? Comment Ms. Page?
20/ So Somma interviewed Danchencko. (Probably knew that). Makes me want to re-read indictment of Danchencko...also makes me wonder what Somma told Special Counsel Durham.
21/ Page's response to Somma's "I did nothing wrong" claim:
22/ I don't recall ever seeing Brian Auten's name before. What's the best coverage on him previously? Was there any?
23/ So that's what Auten did. Steele's past reporting had been "corroborated and used in criminal proceedings..." RIGHT.
24/ CIA knew Steele "dossier" was bunk...so should have Auten per the filing.
25/ Auten also interviewed Danchenko...which means that Durham interviewed Auten....so much to still come out from Special Counsel's office.
26/ A great capstone paragraph on Defendants' attempt to avoid liability:
27/ Great point re Clinesmith: Until the complaint against Clinesmith, we didn't know who was responsible or really the complete details. What else is unknown at this time? Page is entitled to discovery!
28/ No, you losers who caused the illegal FISA warrant to issue cannot rely on that warrant to avoid liability, Page's legal team argues.
29/ Weedy argument for lawyers. Interesting. Not sure how it pans out, but interesting.
30/30 And a PERFECT closing line for the entire brief, signed by @McAdooGordon on behalf of Page's legal team. More in coming days of thoughts.
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2/ DOJ: Is not waiving defense to location, should be in Maryland if it is HABEAS. And says it is jurisdictionally barred.
Judge: If had to be brought in habeas because of relief sought, to extent habeas is not jurisdiction, but venue, you waived it.
DOJ: This is a new case so couldn't have waived.
3/ Judge: Same relief sought here.
DOJ: We did not assert a defense in Maryland that could only be brought in habeas. And this is a new claim.
Judge: You say not material whether under APA, non-statutory, habeas.
DOJ: Can't justify filing in D.C. and claim splitting. Reading: Upon arrival the individuals will be granted an immigration status consistent with South Sudan allows them to remain for period determined in South Sudan. Nothing to say detained, we didn't asked for it, and no reason to believe.
🚨🚨🚨BREAKING: Federal judge enters final judgment against Trump Administration in lawsuit challenging termination of grants, etc. Check out this "judicious" footnote: 1/
🚨🚨🚨BREAKING: Trump scores another SCOTUS victory in Birthright Citizenship Case (NOT ON MERITS) but on whether a universal injunction is permitted. HUGELY significant in every case with universal injunctions. 1/ Reading now. Analysis to follow
2/ SCOTUS punts on whether universal relief is necessary in the lawsuit brought by state given the difficulty in providing the states full relief, leaving that to lower court. This punt though doesn't change significance of case before here & in every other case against Trump.
🚨🚨🚨BREAKING: Judge Breyer wades in again re Trump's federalizing of California National Guard in case Newsom brought.
2/ Judge rejects Trump's argument that there cannot be a Posse Comitatus claim given 9th Cir. ruling that Trump could federalize national guard. Judge rejects Trump's request to transfer case to L.A. arguing public interest is to keep with him since he's already up on case.
3/ Court grants expedited discovery on issues related to what troops are doing for purpose of Posse Comitatus claim. So rulings all in favor of Newsom and kicking merits on Posse Comitatus out a month until discovery ends.
🚨SCOTUS delivered Trump another victory earlier today while I was shopping with DS. This case concerned the removal of illegal aliens ordered removed to third countries, with SCOTUS staying injunction barring such removal. 1/
2/ Dissent again rests on not liking what Trump did and ignoring numerous jurisdictional issues. supremecourt.gov/opinions/24pdf…
3/ Beyond resolving issue of aliens in limbo in South Sudan, SCOTUS decision gives Trump & DHS ability to push more forcefully for voluntarily removals.