And we're back to Whitmer trial after break so both sides can prepare for FBI entrapment defense.
Judge tells jury he hoped to put off entrapment issues until after DOJ rested but it's not possible to "segment" the argument. Defense, prosecutor will present new opening arguments
Whooo boy. Croft atty not holding back. "The FBI is supposed to protect us and protect our rights. They are not supposed punish people who say mean things about them. We expect the FBI to use responsible tactics."
Croft was criticizing FBI on Facebook in 2017, made him a target
Blanchard, Croft atty, now blasting CHS Steve as a longtime criminal who committed crimes in 9 states.
CHS Steve was "plying guys with drugs" at every event. "Out of their minds stoned." Violates FBI rules.
FBI ignored CHS Steve behavior. Also selectively record defendants.
FBI ignored CHS Steve "breaking the rules." (Defense asked last week for all records related to FBI admonishments to CHSs. Judge denied for now.)
Blanchard explains that FBI agents immediately decided this would be a "TEI" case, terrorism enterprise investigation. One agent told his boss (D'Antuono?) that he'd work it that way with or without his approval.
CHSs purchased hotel rooms for defendants before recon trip.
Gets in truck driven by CHS Dan and filled with other CHSs, FBI UCE
"At every step, FBI had good reason to close the case."
FBI should have closed CHS Steve as source when he smoked pot with targets.
"This was stoned crazy talk, not a plan."
Blanchard going thru Croft's outlandish remarks including talk of "barking" outside Whitmer's cottage.
Lol, they talked about flying her on a kite over the lake. "That's not how kites work."
I wish I could see the faces of the jurors.
"You can't prosecute someone for talking."
"We expect better from our government. You can tell the FBI it's not ok to prosecute people they are angry with or who run their mouth."
Gibbons (Fox atty) up again: "Adam Fox would protest" when CHS Dan came to vacuum shop to entice Fox into kidnapping plot.
CHS Dan paid $64k!
sometimes receiving "envelopes of cash" by the FBI.
Gibbons now detailing CHS Dan's involvement including comms with FBI handlers. (Those agents also will not testify for government nor will FBI special agent in charge. He was fired after assaulting his wife last summer.)
"It's the government moving all of it."
Atty Julia Kelly up, reiterating CHS Dan's contact with her client, Daniel Harris. CHS Dan calls handler in May 2020, says there is "no plan" btw defendants. But CHS Dan kept pushing Adam Fox to other defendants.
DOJ up.
AUSA explains entrapment is a legal standard not based on "feeling or ideas."
Calls first witness: FBI special agent Todd Ronick (sp)
He's worked on domestic terror cases since 2014 specifically militia movement.
AUSA asks how FBI decides to open cases. Mostly "tips," he says.
He says someone walked into FBI office with a tip about Wolverine Watchmen. Showing exhibits to identify defendants.
Now explaining CHSs: Could be someone who provides info to us, someone we recruit in an organization.
Someone could be in trouble and offer to help?
Yes.
Could someone do it for money?
Yes.
Now discussing "admonishments" given to CHSs.
I'll post this blistering 2019 report by IG Horowitz on FBIs lousy record of vetting, tracking informants:
CHSs "sometimes they have to pretend to be criminals."
UCE is an employee of the FBI, usually a special agent.
"They have to look different" if they're going to infiltrate a group. Sounds like they're prepping jury to see unconventional FBI UCEs "Mark" and "Red."
Confirms CHS Dan had access to group's encrypted chats--gave FBI access to those accounts.
Confirms FBI can get search warrants for info on social media accounts. (This happens repeatedly in J6 cases)
Now presenting evidence to jury off defendants' accounts. (Can't see it)
Now playing profane videos by Fox on Facebook, talking about boogaloo movement. "Get ready."
FBI says boogaloo wants to start second civil war. They wear Hawaiian shirts (!) apparently.
Now says their references to 1776 is somehow indicative of second civil war
Plays video of Fox saying 435 members of Congress don't "give a f*ck about us."
Where's the lie? Wonder how the jury will take that.
Shows photo of Fox wearing Hawaiian shirt at lockdown rally, someone screaming "F the government."
Lots of posts, chat related to lockdown anger
Ok back and forth between Fox and Croft with hot talk about taking down governors and tyrants bc of lockdowns.
Now talking about June 2020 meeting in Ohio organized by CHS Steve.
FBI agent says meeting was about "uniting the militias," says Fox then started recruiting members
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Sen Grassley today released emails demonstrating how disgraced FBI agent Tim Thibault grasped for a reason to open an investigation into the president for Jan 6.
But the smoking gun here is not so much Thibault but the involvement of Thomas Windom, who appears to have acted as the conduit between Main Justice and the FBI to concoct the case.
Windom was moved to DC US Atty office from Maryland in late 2021.
According to a June 2022 NYT piece, Windom worked "under the close supervision of Attorney General Merrick Garland's top aides," referring to DAG Lisa Monaco.
She was obsessed with investigating anyone who stayed at the Willard Hotel, the money trail, and their ties to the president. This included people like Roger Stone and individuals with the Proud Boys and Oath Keepers.
So it wasn't really the FBI trying to create a case out of air. It was Monaco and Windom--who later was tasked to Special Counsel Jack Smith's team in the J6 DC case.
Email from March 2022 from FBI DC field office:
Email from Windom, who actually appears to have prepared an outline for the FBI to pursue (which I’ll share in next post)
House Judiciary asked Windom earlier this year to sit for an interview. Unclear of status at this point.
This appears to be the outline Windom—one can only assume based on coordination with Monaco, who also at the time was involved in pushing a classified docs case against the president—forwarded to FBI DC office.
Big hearing about to begin in 5th Circuit related to a preliminary injunction in an Alien Enemies Act case.
Oral arguments will address SCOTUS' ruling in May instructing the 5th Circuit Court of Appeals to address:
(1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025
(2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. T
ACLUS's Lee Gelernt representing illegal Venezuelans covered by AEA gets started.
Judge immediately interrupts asking if AEA is reviewable by the court. Demands to know on what basis the ACLU can claim the AEA is judicially reviewable. (I have covered this for months.)
Judges continues to push for Gelernt to cite in case law that authorizes the courts to "second guess" the president in determining the main elements of AEA.
Gelernt insists there is no military "invasion" or "predatory incursion" of the US by Venezula or its cut-outs in TdA.
Another judge further pushes Gelernt on the point. (Sorry it is audio only and I am not familiar with the judges on this panel.)
Judge are Leslie Southwick (GWB), John Oldham (Trump) and Judge Irma Ramirez (Biden).
Debate continues between Gelernt and 2 judges over who has authority to determine "invasion" and/or "predatory incursion." One judge seems very skeptical that an "invasion" requires military action.
In one of the most twisted opinions I've read, Judge Royce Lamberth (Reagan)--who eagerly threw J6ers including Jake Chansley and Rachel Powell in prison for years--has halted the president's exec order denying treatment for federal inmates suffering from "gender dysphoria."
The plaintiffs in the lawsuit are "transgenders" who use new names to represent their chosen gender--but also to conceal the convictions that led to their lengthy incarceration in federal prison.
Meet the criminals Judge Lamberth claims are being denied constitutional rights and harmed by the Trump administration.
"Alishea Kingdom" according to court docs "is a transgender woman who was diagnosed with gender dysphoria in 2016, prescribed hormone therapy injections, and approved to receive social accommodations including women’s undergarments and cosmetics." After the president's order, "she" was denied those treatments and accommodations.
"Ms. Kingdom states that the discontinuation of her hormone therapy caused her to experience anxiety, hopelessness, panic attacks, and suicidal ideation," Lamberth wrote.
Except Kingdom's real name is Joshua Mueller.
In 2014, at the age of 23, Mueller was sentenced to 15 1/2 years in prison for armed robbery in Milwaukee where he shot a store employee. He is currently incarcerated at Fairton FCI.
Lamberth lamented how "Jas" was denied hormone treatments earlier this year after deciding in 2023 she was really a man. "Mr. Kapule was told that he would no longer have access to chest binders, and the next day was made to turn in his boxers in exchange for feminine undergarments. Mr. Kapule fears that the discontinuation of his therapy would result in the return of his menstrual cycle and will lead to depression," Lamberth wrote.
Her real name is Jasmine Kapule and she is a career criminal from California.
In 2021, she pleaded guilty to possessing a firearm as a felon and distributing fentanyl. (BTW none of this is mentioned in Lamberth's orders in the case, I looked up all doc on PACER.)
She was sentenced to 110 months in prison.
Then we have "Solo Nichols." According to Judge Lamberth, "Mr. Nichols is a transgender man who was diagnosed with gender dysphoria in 2021, prescribed hormone therapy in the form of 100mg testosterone injections, and given access to men’s undergarments, men’s hygiene products, and chest binders."
Lamberth: "Mr Nichols states that he is very scared to live without testosterone therapy, fearing he will lose muscle mass and start menstruating again and likewise maintains that the thought of wearing feminine undergarments makes him feel "deeply uncomfortable, like I can't breathe."
Except "Solo Nichols" is really LaTasha Nichols, another career criminal from Michigan.
In 2013, LaTasha was sentenced to 19 years in prison committing a string of armed robberies in Michigan.
At my daughter's law school baccalaureate mass last night, the priest urged the students to practice law with "honor, honesty, integrity, and virtue." His words made me think about the current crisis in our judiciary as judges now make snap political decisions devoid of those important traits.
Then late last night, I learned about SCOTUS decision in Alien Enemies Act case.
Aside from interfering in what has always been sole executive authority turf--determining the use of the AEA--what 7 justices did is reward the ACLU's bad behavior and borderline misconduct.
SCOTUS endorsed the ACLU's strategy of filing emergency lawsuits over weekends and holidays (in this case, Easter weekend); using anonymous plaintiffs who are illegal Venezuelans then referencing those unnamed plaintiffs to demand classwide status for other potential AEA subjects based on little or no evidence as to who would be covered; relying on declarations by ACLU attorneys or other outside interests without any verification the statements are accurate; and demanding judges act on ACLU unreasonable timeline.
And rather than--as Kavanaugh suggested in a separate concurrence--immediately address the merits of these cases, i.e., the lawfulness of the president's AEA proclamation--the court shamefully gave the ACLU the green light to run roughshod over lower courts in terms of halting deportation of suspected TdA gang members who are here ILLEGALLY.
The criticism of Judge Hendrix, as Alito points out, also is completely out of line and inaccurate. SCOTUS misrepresented his handling of the case as a cop out to excuse themselves for the court's unprecedented and unnecessary interference in this crucial matter.
Truly shameful stuff.
Alito eviscerated the majority on a number of issues including unwarranted and inaccurate criticism of Judge Hendrix while noting the rush job of other judges
Alito noted the flimsy evidence entered by ACLU to support demands for classwide and emergency relief:
Hearing now for Judicial Watch lawsuit in killing of Ashli Babbitt.
There IS a settlement in the case.
Also her husband, Aaron, is a plaintiff.
They are suing the US government under federal torts claim act for assault, negligence, negligent supervision (of shooter Lt. Michael Byrd), negligent training, and wrongful death.
Plaintiffs on behalf of Ashli are seeking $30 million .
The settlement is not yet finalized so cannot be announced.
Holy shit -- the judge is Ana Reyes, the crazy Biden appointee. She is SCREAMING at both sides about who knew what about the proposed settlement.
This relates to a former attorney on the case.
DOJ: "Our intention is to settle this case." Terms have been sent to Babbitt's representatives.
She is again berating one of the plaintiff's attorneys.
This outrageous piece demonstrates what the Trump DOJ is up against not just in the media but within the ranks of the DOJ and federal judges.
First--shame on Barrett for whitewashing the evil Columbia University Apartheid Divest (CUAD) mob which is not a "student group" but a campus terror organization that has called for the destruction of both Israel and western civilization INCLUDING THE U.S.
CUAD has terrorized students and administrators at Columbia and Barnard College for over a year; at least one CUAD event featured a member of the PLO. (The event was banned on campus so the wannabe Hamasters conducted the panel virtually.)
But of course only at the NYT is the real villain the Trump DOJ--specifically Emil Bove, a top DOJ official who ordered an investigation into CUAD after masked student terrorists stormed a Barnard building in February and attacked a security guard.
Bove instructed prosecutors to compile a list of CUAD members--but he was once again met with defiance by DOJ lawyers. (This also happened when Bove sought to drop the indictment against NY Mayor Eric Adams.)
"The prosecutors were told by superiors that Mr. Bove was seeking a list so the information could be shared with immigration agents, these people said. Inside the civil rights division, prosecutors came to fear that their criminal investigation was a pretext to facilitate an intimidation and deportation campaign by the Trump administration against student protesters, these people said.
Prosecutors refused to compile such a list that could be given to Immigration and Customs Enforcement agents, these people said."
Now once upon a time, career government lawyers refusing to follow orders from a superior to investigate a known campus terror group seeking the destruction of the U.S. and involved in an anti-Semitic movement across the U.S. perhaps funded by our enemies would receive widespread condemnation in the press.
Bove sought a search warrant for CUAD's Instagram account including nonpublic data. Now this sort of thing was NEVER contentious when the DOJ sought (and received) Pres Trump's X data or when the FBI systematically sought social media data for thousands of Americans related to its Jan 6 investigation.
But seeking data on a radical campus terror group threatening the destruction of the US and Israel among other nations? THAT IS JUST A BRIDGE TOO FAR for career DOJ lawyers. (Instagram actually suspended CUAD's account in March for violating its policies.)
According to DAG Todd Blanche, "the warrant application focused on Columbia University Apartheid Divest included a photograph from C.U.A.D.’s social media of an inverted triangle symbol used by Hamas to designate targets for violence, which was spray-painted on Columbia property along with red paint designed to look like blood.”
Back to Barrett's piece: "While civil rights prosecutors conducted the investigation that Mr. Bove had demanded, they often pushed back against specific steps that he wanted taken, these people said, arguing that they were either not justified by the available facts or contrary to law and past practice, or both."
But civil rights division lawyers--who thankfully now are leaving en masse after the confirmation of Harmeet Dhillon--were not the only DOJ attorneys to defy Bove's request....