THREAD II: And now on to the second brief filed by @carterwpage attorney, with @McAdooGordon serving as local counsel. This brief responds to GOVERNMENT's motion to dismiss. The other brief was the 8 individual actors: This is DOJ/FBI as entities. storage.courtlistener.com/recap/gov.usco…
2/ Interesting. Didn't realize this was part of relief sought:
3/ Yup, that's just what our government did:
4/ Synoposis of full argument:
5/ With zinger to close introduction:
6/ A great point: This wasn't about Page--this was about Trump!
7/ Still trying to zero in on who the actual leaker was. Doesn't matter if they were all in on it but the emails b/w Strzok and Page (see THREAD I) are suggestive.
8/ Back shortly: Math & lunch time for DS.
9/ Reading on to see if they are identified...
10/ These are Page's claims against government as an entity. The FTCA is basically a federal statute that allows you to sue it under basic "tort" principles that apply to business/individuals.
11/ Patriot Act claims are based on gov't unlawful use of information gathered. Here, Page claims gov't unlawfully used info in "media leaks" strategy and also in later FISA applications.
12/ Also, on point that warrant was issued to they are all protected, this argument is solid:
13/ This paragraph is a perfect capsulization of why SOL has not expired.
OMfrickin' gosh: You HAVE to be kidding me! They opened an investigation based on the alternative electors that election lawyers concluded was the appropriate course based on the precise same situation involving Kennedy and Hawaii!!! 1/
2/ Here is a summary of the need for alternative electors and how to pretend this was a potential crime of fraud is NUTSO: thefederalist.com/2023/05/15/the…
3/ The memo itself makes clear it wasn't fraud! This investigation was for 3 purposes only: To destroy Trump; to destroy anyone connected with Trump; and to dissuade anyone in the future from connecting with Trump or any non-establishment politician.
3/ Here's full panel.
It was 3-0 for the decision. And I was correct when I had earlier said I thought the motions panel had Rovner and St. Eve. Hamilton is as hard left as you can get.
3/ Judge asks what document is President invoking statute?
DOJ: Says don't need any document, but says many documents that show all the reasons for activation in Portland.