Kyle Cheney Profile picture
Sep 8, 2022 10 tweets 4 min read Read on X
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

Dec 15
In a late night filing, DOJ says Kilmar Abrego Garcia should be returned to detention because he is subject to laws governing detention during deportation proceedings — and “may seek a bond hearing” before an immigration judge. However … storage.courtlistener.com/recap/gov.usco…Image
The administration has been arguing in thousands of cases that people in Abrego’s position are not entitled to bond hearings at all — and rather are subject to mandatory detention. Hundreds of judges across the country have ruled that position illegal politico.com/news/2025/11/2…
And DOJ knows, but doesn’t mention here, that the immigration courts are all bound by a recent Board of Immigration Appeals ruling — breaking with decades of precedent — finding that bond hearings are not available to virtually anyone facing deportation proceedings. politico.com/news/2025/09/0…
Read 6 tweets
Dec 4
HAPPENING NOW: Taylor Taranto, a pardoned Jan. 6 defendant who was convicted for bringing weapons to Obama’s neighborhood, has returned to DC and has been roaming Rep. Jamie Raskin’s neighborhood — alarming police.

Today, DOJ asked a judge to immediately re-jail him.
Taranto lives in WA state but drove across the country in recent weeks. He has filmed ominous videos from the Pentagon parking lot and was wandering Raskin’s Takoma Park area at 2am. DOJ says it’s nearly identical conduct to what he was charged for in 2023.
Judge Nichols, who convicted Taranto in a bench trial earlier this year, is weighing whether to detain him immediately for violating his supervised release conditions.
Read 4 tweets
Dec 2
HAPPENING NOW: Rahmullah Lakanwal makes his initial appearance in DC Superior Court, from a hospital bed, on charges for last week's National Guard shooting.
He's being apprised, through an interpreter, of the murder charge against him as well as charges of possessing of a firearm during commission of a violent offense, assault w intent to kill while armed.
Prosecutors are asking the judge to keep Lakanwal detained during pretrial proceedings. Lakanwal, who does appear to be in pain, says he can't open his eyes. His attorney is advising him not to speak.
Read 12 tweets
Nov 28
NEW: ICE’s policy of mass detaining immigrants w pending deportation proceedings has led to an avalanche of rejections in court.

More than 220 judges — including 23 Trump appointees — have called it an illegal distortion of long-settled law. politico.com/news/2025/11/2…Image
Those judges have ruled against the administration more than 700 times since ICE implemented its draconian new policy on July 8.

Only 8 judges have side with ICE’s position. politico.com/news/2025/11/2…Image
The cases have surged as ICE reclassified millions who have resided in the United States for years as “arriving aliens” or “applicants for admission” — making them subject to mandatory detention typically meant for those who just crossed the border. politico.com/news/2025/11/2…Image
Image
Read 7 tweets
Nov 24
BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.usco…Image
This applies to the Letitia James indictment as well. Both cases are now dismissed without prejudice. storage.courtlistener.com/recap/gov.usco…
NEWS: The criminal cases against James Comey and Letitia James are gone. A federal judge ruled that the appointment of Lindsey Halligan as the lead prosecutor was illegal.

DOJ could try again, but there are other headwinds.

w/ @joshgerstein

politico.com/news/2025/11/2…Image
Read 5 tweets
Nov 21
JUST IN: A federal judge says one of the Venezuelan men — illegally deported to El Salvador in March before he was swapped back to Venezuela in a prisoner exchange — is now missing, possibly a victim of the violence he was seeking asylum from.

storage.courtlistener.com/recap/gov.usco…Image
Judge Stephanie Gallagher, a Trump appointee in MD, says the administration flagrantly and repeatedly defied her orders to provide regular updates about the man’s return. But she stops short of finding contempt bc it was Rubio, who isn’t named in the lawsuit, who was responsible for communicating w El Salvador

storage.courtlistener.com/recap/gov.usco…Image
Image
More on the man illegally deported in violation of a court-approved settlement politico.com/news/2025/05/0…
Read 5 tweets

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