Margot Cleveland Profile picture
May 10, 2022 17 tweets 5 min read Read on X
THREAD. BREAKING: Proposed jury instructions filed. Reading now, but expecting "materiality" to be the biggest disagreement...we'll see shortly. storage.courtlistener.com/recap/gov.usco…
2/ LOL. Denied.
3/ I mean they could just open instead that this trial is about Orange Man Bad.
4/ Sussmann really wants them to know Durham is super-duper special.
4/ Those D.C. juries...watch out those with Mr. Sussmann's political leanings!
5/ Not sure what differs here, but I'll see if I can pull the model instructions. @McAdooGordon such an ace she might know of top of her head.
6/ Now to the meat: My gut here is court will delete "purpose of the statute" but will instruction on the rest of the details included, either here or by tweaking another instruction.
7/ On this instruction, government has better argument as Sussmann's proposed instruction would confuse jury.
8/ As I expected, "materiality" is the fight. Sussmann is trying to relitigate the issue court already rejected that "capable of influencing decision to initiate an investigation." He's losing on that but may be setting up the issue for appeal (he'll lose there too.)
9/ Materiality continued. And...
11/ Also CALLED IT re my point 9 above, before seeing the footnote.
12/ Ummmm, no, that's know how that works Sussmann.
13/ Interesting that Sussmann doesn't have many footnotes to describe this propose instruction. Court might give first paragraph as really that just elaboration on intentional, but the rest of it...not likely.
14/Sussmann wants his theory of defense provided to jury, subject to change based on the evidence, but basically lays out what he's going to argue:
15/ So, in sum, the biggest fight is over materality, which Sussmann will lose in large part IMNSHO. Govt' likely won't get the first instruction as much of it is included later, but court might allow some of the detail to be added to later instruction. For most part,
16/16 Sussmann was way overreaching.

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More from @ProfMJCleveland

Sep 3
🚨🚨🚨Breaking: 5th Cir. issues decision on Alien Enemies Act. Image
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2/ Following are relevant passages explaining court's opinion. Image
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3/ Image
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Aug 26
🧵Trump Administration's filed emergency motion for stay before 11th Cir. yesterday re Allegator Alcatraz. Link and highlights follow. 1/
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The Maryland Father's attorneys sure seemed to be playing fast and loose with the facts! Image
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WHOA! Fifth Circuit holds quorum clause does not require physical presence. I absolutely disagree with that conclusion. 1/ Image
3/ Here's my discussion of the case/issues: thefederalist.com/2024/02/28/cou…
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Aug 15
🚨🚨🚨BREAKING: Another Trump win on appeal with D.C. Circuit vacating preliminary injunction. Order isn't loading yet so details to follow. 1/ Image
2/ Here's what the case is about: Image
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3/ And this isn't one of the cases where things were stayed, meaning this decision now frees the Trump Administration to get back to work. The court had originally stayed a portion of the injunction, allowing Trump to fire folks but then Plaintiffs claimed Trump didn't make individualized assessment so Court of Appeals decided it wasn't going to get into that morass and just said Trump can't fire anyone (it shouldn't have and I believe one of the judge's dissented on that cop out).Image
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Aug 13
🚨🚨🚨BREAKING: Another appellate win for Trump! 1/ Image
2/ So as background this is the consolidated (joined) cases involving USAID where the district court originally ordered payment of millions within like 36 hours and Justice Roberts granted an administrative stay and then said basically redo so it is feasible.
3/ The judge sorta redid and Trump has been complying, i.e., there was no stay in place so this is a WIN. Trump has also sought dismissal which should be granted based on this decision. AND the plaintiffs sought to enforce AND to depose to enforce so the ruling will 86 that!
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