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Sep 8 • 10 tweets • 4 min read
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
Sep 7
HAPPENING TODAY: Mark Meadows' lawsuit against the Jan. 6 select committee is up for a significant hearing that could give us our clearest sense yet of whether the panel will ever get his testimony — and there may be other newsy insights to glean.
UPDATE: Hearing is still ongoing. Judge Nichols is asking a lot of questions about the distinction between assertions of executive privilege and absolute immunity from compelled testimony. He also wants to know how he should be deciding which documents Meadows must provide.
MEADOWS’ attorney confirmed that he recently turned over additional documents to NARA but insisted it had no connection to Mar-a-Lago search. He said they dispute that the documents in question were actually presidential records, but Meadows relented to avoid litigation.
Read 5 tweets
Kyle Cheney Profile picture
Sep 7
NEW: Trump is entangled in increasingly complex and voluminous criminal/civil investigations and lawsuits. We cobbled together a list of Trump’s attorneys in those matters — from Mar-a-Lago to Fulton County to Jan. 6 etc.

w/ @woodruffbets @nicholaswu12

politico.com/news/2022/09/0…
-Evan Corcoran represents Trump on NARA and Jan. 6 matters. He also represents Steve Bannon and Michael Riley, a retired USCP officer charged with attempting to help a Jan. 6 rioter evade arrest.

-John Rowley also reps Peter Navarro and Rep. Scott Perry. politico.com/news/2022/09/0…
-Alina Habba reps Trump in the ongoing probe by the NY attorney general, as well as in a sprawling civil suit against Hillary Clinton and ex-DOJ officials

-Christina Bobb’s legal work is unclear but she was present for the search at Mar-a-Lago.

politico.com/news/2022/09/0…
Read 4 tweets
Kyle Cheney Profile picture
Sep 6
JUST IN: Oath Keepers founder Stewart Rhodes has replaced his attorneys and says he wants to delay his trial at least 90 days.

His new attorney is Louisiana-based Edward Tarpley Jr., who said Rhodes had a breakdown in communications with his previous attorneys >>> Image
Rhodes says he won't be ready for trial on Sept. 26 and has had far less time to prepare than other defendants who were charged a year earlier than him. Image
RHODES also says he wants transcripts of Jan. 6 select committee witness interviews of Ali Alexander, Kelly SoRelle, Rudy Giuliani and Bianca Gracia. Image
Read 20 tweets
Kyle Cheney Profile picture
Sep 5
NEWS: Judge Cannon has granted Trump’s request for a special master to review attorney client and executive privilege — she also says her order will not stop the intelligence community review of the records. Unclear how that’s going to work. storage.courtlistener.com/recap/gov.usco…
Here are the details of Cannon’s order, which bars DOJ from reviewing the documents for criminal purposes. Special master candidates are due Sept. 9. Trump does not get his documents back yet. storage.courtlistener.com/recap/gov.usco…
We’re watching for two things:

-DOJ appeal
-Is this remotely workable for ODNI, and will the agencies address it? FBI is part of the intel community.

politico.com/news/2022/09/0…
Read 10 tweets
Kyle Cheney Profile picture
Sep 2
JUST IN: Judge Nichols has *denied* Steve Bannon’s motions for a new trial and a dismissal of the contempt of Congress case against him.
Bannon’s motion to dismiss was based largely on a claim that because members of the Jan. 6 committee didn’t testify, he wasn’t able to cross examine key witnesses. But Nichols said there was nothing relevant he wanted to ask them that wasn’t already in evidence.
This is all a precursor to Bannon’s inevitable appeal, which his lawyers have been preparing for since well before trial. They contended the judge gutted their defense when he barred large swaths of their argument, citing DC Circuit precedent on ‘willfulness.’
Read 4 tweets
Kyle Cheney Profile picture
Sep 2
JUST IN: The court has unsealed the more detailed inventory of what was taken from Mar-a-Lago. It’s not very enlightening except it shows in more detail how items marked as highly classified records were commingled with personal items like clothes, books and news articles ImageImageImageImage
The inventory is accompanied by a three-page status report on the DOJ review of the items, most of which has come out in prior filings and at yesterday’s hearing. ImageImageImage
Here’s a link to the inventory, which notes several empty folders marked classified as well. documentcloud.org/documents/2227…
Read 6 tweets

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