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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
Jun 16
BREAKING: A federal judge in Massachusetts (the Reagan-appointed William Young) has declared the Trump administration's cuts to NIH grants — ostensibly over Trump's EOs on gender ideology and DEI — are "illegal" and "void." He's ordering many grants restored.
YOUNG: "I am hesitant to draw this conclusion, but I have an unflinching obligation to draw it – that this represents racial discrimination. And discrimination against America’s LGBTQ community. That’s what this is. I would be blind not to call it out. My duty is to call it out."
MORE YOUNG: "It is palpably clear that these directives and the set of terminated grants here also are designed to frustrate, to stop, research that may bear on the health – we’re talking about health here, the health of Americans, of our LGBTQ community. That’s appalling."
Read 6 tweets
Kyle Cheney Profile picture
Jun 13
BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. storage.courtlistener.com/recap/gov.usco…Image
Breyer stays his order until noon tomorrow, which should be enough time for Trump to seek emergency appeal at 9th Circuit and perhaps Supreme Court. storage.courtlistener.com/recap/gov.usco…Image
NEW: Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous."

politico.com/news/2025/06/1…Image
Read 6 tweets
Kyle Cheney Profile picture
Jun 12
HAPPENING NOW: Emergency hearing in Newsom v. Trump, re dpeloyment of the Guard and Marines.

Judge Breyer making some "preliminary" remarks.
BREYER says he's 'appreciative' of both parties for filing a detailed record with the court on a short timeframe and says these are very serious/weighty matters and he intends to act as quickly as the urgency of the matter requires.
Breyer asks a hypothetical: If Trump didn't follow the letter of the statute in calling up the guard, would his order be invalid?

DOJ says no, and court has no role in policing it either.
Read 9 tweets
Kyle Cheney Profile picture
May 30
NEW: The Trump administration has conceded that it improperly deported another Salvadoran man in violation of a court order — blaming a "confluence of administrative errors."

The man's lawyer plans to demand his return.

politico.com/news/2025/05/3…Image
Jordin Melgar-Salmeron had a criminal record — he pleaded guilty in 2021 to possessing an unregistered gun — but his deportation had been on hold since 2024 amid broader Biden-era litigation.

The Trump admin sought to speed his removal last month. politico.com/news/2025/05/3…
DOJ had assured a federal appeals court court that Melgar-Salmeron wouldn't be deported before May 8-9. But after the court issued a May 7 order blocking his deportation, ICE put him on a plane just minutes later and told the court he was gone.
politico.com/news/2025/05/3…Image
Read 4 tweets
Kyle Cheney Profile picture
May 28
BREAKING: Federal court says Trump exceeded his authority to impose tariffs under IEEPA. storage.courtlistener.com/recap/gov.usco…Image
NEW: Trump's latest legal rejection comes from the U.S. Court of International Trade, which ruled his tariffs in response to "national emergencies" were illegal. politico.com/news/2025/05/2…Image
The three-judge panel that ruled against Trump? Appointees of:

-Obama
-Reagan
-Trump

politico.com/news/2025/05/2…
Read 4 tweets
Kyle Cheney Profile picture
May 16
HERE WE GO: Latest hearing in Kilmar Abrego Garcia's case is underway with Judge Xinis on the bench.
XINIS says she intends to do as much of this in open court as possible, despite discussion of privileged materials. they can use the husher/phones if they need to reference confidential info, she notes.
XINIS signals frustration with the Justice Department for not making available officials with firsthand knowledge of Abrego Garcia's status and efforts to facilitate his return, despite her order. She notes the depositions were crammed with "I don't knows" from the witnesses.
Read 7 tweets

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