Don Lewis Profile picture
Sep 19 10 tweets 4 min read
1/ BOOM - Former GOP officials file friend of the court brief with the 11th Circuit saying Judge Cannon got it wrong. The TOC reflects the core arguments, including that an ex-President is entitled to no greater protection under the law than any other citizen.
2/ A friend of the court brief is an 'amicus' brief. It's filed by people who are not a party to the case - not the DOJ, not Trump - who believe they have an interest in the court's decision. So they ask a court - here the 11th Circuit - to also consider their legal arguments.
3/ The 'friends of the court' or 'Amici' here are: Ex-federal & state officials Donald Ayer, John Bellinger III, Gregory Brower, John Farmer Jr., Stuart Gerson,Peter Keisler, Alan Charles Raul, Olivia Troye, William F. Weld, and Christine Todd Whitman. Short bios below.
4/ The filing says: 'Amici all served in Republican administrations and collectively have decades of experience prosecuting cases involving sensitive or classified materials or advising on matters regarding the proper scope of executive power and executive
privilege...
5/ ...They have substantial experience with the structure and process of law enforcement investigations, including investigations involving public officials. Given their decades of public service, familiarity with the law enforcement and constitutional matters at issue here...
6/ ....and commitment to the rule of law, Amici maintain an active interest in the proper resolution of the important questions raised by the Government’s motion.'
7/ Below is the 'proposed' brief. It is 'proposed' because they 11th Circuit must accept the filing. A friend of the court (amicus) brief was also filed w/ Judge Cannon but she rejected it - meaning she did not consider it. Here's the link...
docdro.id/xaR0rDa
8/ The brief also eviscerates Cannon for ignoring the law about the classified documents and instead injecting the notion that there is a dispute over whether the documents are classified. Excerpts....
9/ And in the footnote that gets cut off in the last screenshot, the amicus brief calls Trump out for not saying in his court filings that he declassified any documents but rather playing games and just suggesting he could have. Read footnote 6 in the two screenshots here:
10/ And in a strong closing the brief says a former president should be treated no different than a 'school teacher, police officer or veteran' who'd taken classified info to their home and that an ex-president's reputation is not more important than national security.

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More from @DonLew87

Sep 17
DOJ APPEAL FILED. Beauty opening sentence: "The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security."
Another gem: "The court’s order hamstrings that investigation and places the FBI & DOJ under a Damoclean threat of contempt should the court later disagree with how investigators disaggregated their previously integrated criminal-investigative and national-security activities...
..."It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel."
Read 4 tweets
Sep 13
1/ Thread: FBI Probable Cause Affidavit. More Revealed. This thread shows information we can see in this filing that is blacked out (or redacted) in the earlier probably cause affidavit filing. Here is a link to the full new, less redacted, affidavit.
storage.courtlistener.com/recap/gov.usco…
2/ Paragraph 3. The second sentence is redacted in the eariler filing. It notes that documents containing 'national defense information' were stored in an 'unauthorized location' and were turned over by Trump in response to a grand jury subpoena.
3/ Paragraph 55. All of this is redacted in the earlier filing. It refers to Trump reps, presumably lawyers Evan Corcoran and Christina Bobb interacting w/DOJ. It includes a 'certification', reportedly signed by Bobb, saying all was turned over, which was not true.
Read 9 tweets
Sep 10
This. Is. Nuts. On May 6 NARA told Trump they thought docs were at Mar-a-Lago. 3 days later, on May 9, Trump and aides were moving boxes to a private plane going from Mar-a-Lago to Bedminster. @petestrzok connected the dots and @cwebbonline made the video.
Read 4 tweets
Aug 31
JUST IN: DOJ's response to Trump's 'Special Master' request. The DOJ fills in a slew of facts conveniently omitted from Trump's misleading request. This should be an eye-opener for the judge. Not good for Trump. Not good at all. Summary of Argument⬇️. Full filing after the jump.
Trump's reply is due at 8:00 pm tomorrow. A hearing is scheduled for Thurs, Sept 1 in front of Judge Aileen Cannon. Appointed by Trump in 2020. Federalist Society member since 2005. Practicing law since 2008. What will Cannon do? Full DOJ filing here: storage.courtlistener.com/recap/gov.usco…
And check out this thread for another filing that was made tonight. A friend of the court brief by several former prosecutors, with highly respected lawyers representing them, laying out arguments why Trump's 'Special Master' request should be rejected.
Read 4 tweets
Aug 13
1/ 𝐓𝐡𝐫𝐞𝐚𝐝 - More Trouble for Trump Connected Lawyer. NYT reports that a lawyer for Trump provided the DOJ with a written statement that all docs marked classified were returned. This could have disastrous ramifications for the attorney. What else has happened to lawyers...
2/ ...connected to Trump?
Rudy Giuliani. The FBI raided Rudy over a year ago and seized 18 devices. Rudy's NY bar license is suspended. As for his DC license, a disbarment hearing is scheduled for Oct. He's also been subpoenad in the Fani Willis Georgia criminal investigation.
3/ Jeffrey Clark. Authorities recently searched Clark's home while he stood outside in a dress shirt and drawers. Clark was Trump's DOJ stooge who championed false claims of election fraud. Others in DOJ said there would be mass resignations if Trump installed Clark at the top.
Read 8 tweets
Jul 25
1/ 'A violinist played for 45 minutes in a Washington DC subway. A handful of people stopped, a couple clapped, and the violinist managed to raise about $30 in tips.
No one knew this, but the violinist was Joshua Bell, one of the best musicians in the world.
2/ In that subway, Joshua played one of the most intricate pieces ever written with a violin worth 3.5 million dollars.
Two days before he played in the subway, Joshua Bell sold out a theater in Boston and the seats averaged about $100.
3/ The experiment proved that the extraordinary in an ordinary environment does not shine and is so often overlooked and undervalued.
There are brilliantly talented people everywhere who aren’t receiving the recognition and reward they deserve.
Read 6 tweets

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