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.
🚨🚨🚨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.
🚨LIVE COVERAGE here of Preliminary Injunction hearing before Judge Breyer on Newsom's lawsuit to commander National Guard from Trump. Trump Administration had requested stay of proceedings pending 9th Cir. decision but Breyer refused. 1/
2/ Breyer claimed facts on ground and changes would be relevant to PI hearing. Watch for him to sidestep 9th Cir. slap down by framing changes on ground as so substantial that no matter how much deference Trump gets he couldn't federalize troops.
3/ Hearing was suppose to start at 10 PT. Hasn't started yet. Here's link as DH has me picking up a plumbing part so I might not be able to cover depending on when it starts. (At least it's at an old hardware store which has new old stock--which I love--not Lowe/Home Depot.
🔥🔥🔥Grassley letter reviews FBI ordered records destroyed in September 2020. This does NOT conform to records preservation requirements...you know thing FBI raided Mar-a-Lago for! 1/
3/ Still trying to put puzzle together but letter of 5/5 provides solid hints. It'd seem that the destroyed record was related to Biden-Ukraine corruption & to fake briefing Dems had FBI do to falsely frame Grassley & Johnson as peddling Russian disinfo. grassley.senate.gov/imo/media/doc/…