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Kyle Cheney Profile picture
@kyledcheney
Sep 8, 2022 • 10 tweets • 4 min read • Read on X
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BREAKING: DOJ has filed a notice of appeal to Judge Cannon's order on the Mar-a-Lago special master. storage.courtlistener.com/recap/gov.usco…
The details of the appeal are unclear, so we'll see if this is an appeal of the entire order, a portion, or if there are other nuances.
MORE: DOJ has asked Judge Cannon to stay parts of her order, saying the national secyrity review is inextricably linked tot he criminal investigation and can't be seaprated. storage.courtlistener.com/recap/gov.usco…
MORE: DOJ also says it's urgent that the FBI be permitted to help investigate the empty folders with classification markings to determine what they once held and whether their contents "may have been lost or compromised."
storage.courtlistener.com/recap/gov.usco…
NEWS: The Justice Department is moving to block Judge CANNON's order, warning of significant national security risks caused by her effort to block the FBI criminal review of the seized documents.

politico.com/news/2022/09/0…
IMPORTANT: ODNI has actually paused its national security risk assessment, citing "uncertainty regarding the bounds of
the Court’s order and its implications for the activities of the FBI." politico.com/news/2022/09/0…
MORE: DOJ says Cannon's analysis essentially conceded that "no potential assertion of executive privilege by Plaintiff could justify preventing the Executive Branch from conducting that review and assessment of the classified records."

politico.com/news/2022/09/0…
DOJ is now moving for Cannon to unseal more details about its filter review process for attorney-client privilege, saying Trump's lawyers are making blanket objections that should be rejected.

DOJ says the filter review process was, by design, "overly inclusive."
MEANWHILE: Over on Truth Social, Trump rails against the DOJ appeal, praising Cannon as "a brilliant and courageous Judge whose words of wisdom rang true throughout our Nation."

politico.com/news/2022/09/0…
UPDATE: Judge Cannon has issued an order asking the parties to consider, in Friday’s filings, DOJ’s views about the 100 classified documents retrieved from Mar-aLago

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More from @kyledcheney

Kyle Cheney Profile picture
Feb 13
Some people do Friday Zillow. We do Friday habeas. Here are some cases of people who have been detained by ICE and ordered released by judges who said the detention was illegal. storage.courtlistener.com/recap/gov.usco…Image
Mexican man with no criminal history and six US citizen kids.

storage.courtlistener.com/recap/gov.usco…Image
Man in US for 18 years, two US citizen kids. storage.courtlistener.com/recap/gov.usco…Image
Read 7 tweets
Kyle Cheney Profile picture
Feb 13
BREAKING: The Trump administraiton has committed a mass violation of ICE detainees' constitutional rights in MN, effectively blocking their acess to attorneys in the Whipple building, a judge ruled tonight.

The judge: Trump appointeee Nancy Brasel

democracyforward.org/wp-content/upl…Image
NEW: A federal judge excoriated the Trump administration for claiming it lacked the resources to give ICE detainees constitutionally required access to lawyers — despite surging law enforcement to detain them in the first place.

w/ @joshgerstein

politico.com/news/2026/02/1…Image
The rebuke came as the administration also dropped criminal charges against two men it claimed had attacked an ICE officer, who fired a gun in the fracas. “Newly discovered evidence” conflicted with the original headline-grabbing account, DOJ said. politico.com/news/2026/02/1…
Read 4 tweets
Kyle Cheney Profile picture
Feb 10
NEW: Federal judges are increasingly furious at what they see as a pattern / playbook of defiance by the Trump administration to court orders in immigration cases — in Minnesota and around the country.

Here’s a look at what they’re seeing: politico.com/news/2026/02/1…Image
1) WHISKING DETAINEES TO OTHER STATES: ICE has made a practice of pinballing people from where they're arrested to facilities in Texas, New Mexico or elsewhere, and sometimes more than once. It can complicate or defeate challenges to their detention.

politico.com/news/2026/02/1…Image
2) BLOWING OFF DEADLINES: When detainees sue for release, the administration is increasingly blowing off court-ordered deadlines to response. It's become almost routine and has led judges to order release in some cases. politico.com/news/2026/02/1…Image
Read 10 tweets
Kyle Cheney Profile picture
Feb 5
Two men were recently charged with assaulting an immigration officer in MN with a snow shovel and broom, which led to a shooting ICE claims was defensive. The case made national headlines.

The men moved in court earlier in this week to prevent ICE from deporting witnesses who they say can rebut the charges. Their trial judge, Paul Magnuson, agreed.

However...Image
Image
One of the witnesses, a 19-year-old woman who appears to be the partner of one of the defendants, was apparently picked up by ICE the same day as the incident and transported first to Texas and then to New Mexico.

Today, a judge in New Mexico noted demanded details about the woman's detention, noting that MN offered her a U visa for witnesses to a criminal investigation and that she's being held under mandatory detention policies that most judges – including Judge Strickland – have ruled unlawful.Image
UPDATE: Judge Strickland in New Mexico has now further enjoined DHS from relocating or deporting the witness. Image
Read 10 tweets
Kyle Cheney Profile picture
Feb 4
MEANWHILE: Judges in Minnesota continue rejecting the administration's efforts to lock up ICE's targets en masse. This man has been in the US since 1988 and says he's been approved for a green card.

storage.courtlistener.com/recap/gov.usco…Image
What may be most notable, however, is the increasingly lengthy list of requirements in the judge's order — each responsive to recent violations or transgressions by the administation, such as releasing MN residents in Texas with no way to get home to withholding their possessions Image
In another release order, Judge BARTLE — a George W. Bush appointee in Pennsylvania — vented today that ICE "continues to act contrary to law, to spend taxpayer money needlessly, and to waste the scarce resources of the judiciary." storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets
Kyle Cheney Profile picture
Feb 4
NEW: A rupture between DOJ and ICE has emerged in Minnesota, where overwhelmed prosecutors keep dropping the ball — and saying ICE won't return their messages.

The crisis has had real-world consequences for migrants illegally detained.

w/ @joshgerstein

politico.com/news/2026/02/0…Image
MORE: Julie Le — the DOJ attorney who vented about the chaos in court — has been reassigned. politico.com/news/2026/02/0…Image
Le's cases are the tip of the iceberg. In recent weeks, an overwhelmed DOJ has dropped the ball in dozens of cases, missing deadlines, botching filings, violating orders.

Judge say the local DOJ attorneys aren't at fault — but blame their DC leaders. politico.com/news/2026/02/0…
Read 6 tweets

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