In Brooklyn for 1st appearance of Trump lawyers and prosecutors before special master in Trump Mar-a-Lago docs fight. Senior US District Court Judge Ray Dearie
Much of the press has been positioned in jury box facing Trusty, Halligan, Kise and Corcoran. Trusty jokes: We've already objected to this jury.
Courtroom isn't full yet....
Trump team initially took up spots on judge's right which appears to be defense table. A clerk asked them to move to plaintiff's table. Trump is the plaintiff, sort of, really just the movant since he never filed an actual complaint. Case was assigned as a suit though
It's related in a way to an issue in the dispute: Is it properly before Judge Cannon or should it have been brought first to Judge Reinhart, who issued the search warrant. Special Master Dearie has flagged this as a potential Q in the fight. That seemed to irk Trump's team.
FWIW: Cannon announced when she took the bench for her hearing about 3 weeks back that masks were not required.
DOJ team just arrived. Looks like Bratt and Edelstein and one or both of the privilege team lawyers from Florida
I believe we have the SDFL US Attorney as well Gonzalez.
I've seen US Attorneys appear in an adjoining district but can't remember this kind of long distance.
And we are about full in the gallery
Hearing underway. Dearie leans a bit on the railing on the way up to the bench. Trusty introduces Trump team and Bratt the feds.
Judge: We have little time to complete the tasks assigned to the court.
Judge: I follow directions. I do what I'm told....We are going to proceed with what I call responsible dispatch.
Judge seems to brush back Trump team by saying that 'litigation strategy' isn't going to affect his resolution of recommendations to Cannon. That may refer to Trump unwillingness to detail his stance re whether he claims he declassified anything and how.
Judge asked if inventory is in dispute. Trusty says he's not sure but why don't they all see the documents first.
Judge says speakers are free to take masks off. Edelstein speaks for govt says DOJ ready to give docs to vendor by tomorrow. Trusty says they just got the lost of five. Asks for Friday to pick a vendor. Judge says: Let's do it tomorrow.
Judge asks Bratt about what to do with classified docs if 11th circuit doesn't step in. Defers to Edelstein, who say govt will 'most likely...consider other appellate options at that point.' I think only option is #SCOTUS.
Judge is asking what his role would be re marked classified docs. 'How am I going to verify the classification?....What business is it of the court?' Dearie says, assuming Trump side doesn't put forward evidence of declassificiaton.
Trusty: It's premature...it's going a little beyond what Judge Cannon contemplated in the 1st instance. Dearie: I was taken aback by your comment that I'm going beyond what Judge Cannon instructed me to do...I think I'm doing what I told.
Trusty stands by position that they don't want right now to detail what may have been declassified or when. 'We're not in a position nor should we be in a position at this juncture to fully disclose a substantive defense'
Trusty: '...It's not gamesmanship. It's about not having seen the documents.'
Trusty: 'We should not be in a position to have to disclose declarations, witness statements.' Dearie: 'My view us you can't have your cake and eat it too.'
Trusty now railing against NARA, calls it 'highly politicized,' talks about trigger warning disclaimer on NARA website, also refs late Sandy Berger's docs in the socks/pants. Dearie calls that 'broad brush' but says he will give notice before consulting NARA.
Now Trusty is asking about getting security clearance process started. Judge says he thought of that earlier but adds: 'It's not just a matter of having clearance. It's a matter of need to know...if you need to know you, will know.'
Judge says he hopes he can resolve matter w/o seeing the classified if possible. Edelstein emphasizes that some on prosecution team don't have the necessary clearances. Trusty: 'It's kind of astounding to hear the government say the president's lawyers don't have a need to know.'
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I happened to be only reporter (far as I can tell) at detention hearing for @GeorgeMasonU student Abdullah Hassan, accused of plotting attack on Israeli consulate in NY. Magistrate judge ultimately ordered him detained pending trial. Thread 🧵
Hassan came in wearing the standard dark green Alexandria Detention Center jumpsuit. Says "Alexandria Inmate" on the back. He's strikingly skinny and young.
FBI Agent Tyler Ellefson says FBI ran a source at Hassan & Hassan urged source to mount a shooting attack on the Israeli consulate. The men discussed online weapons, tactics, getaway and specifically targeting the the lobby, he says.
THREAD: Just finished listening to back-to-back oral arguments at 9thCircuit on sanctions for lawyers involved in GOP Arizona gubernatorial candidate Kari Lake’s failed suit seeking to prohibit use of electronic voting machines in 2022 election. (1/X)
Bottom line: sounded like panel is inclined to uphold the $110,000 penalty on Andrew Parker and Kurt Olsen, but may lift the $12,000 imposed on famed Harvard law professor emeritus Alan Dershowitz. (2/X)
Judge Patrick Bumatay sounded sympathetic to all three sanctioned lawyers. Judge Kim Wardlaw (Clinton) seemed generally unsympathetic. Judge Ronald Gould (Clinton) was somewhere in middle, seeming inclined to uphold sanctions against Parker & Olsen, while sparing Dershowitz. 3/X
HAPPENING NOW: 1st hearing in 10 months in Trump DC election case. Judge Chutkan says she won't set a schedule for the case during this session but hopes to do so later today.
Trump has entered not guilty pleas through his defense attorneys to the new indictment in the case (which contains the same basic charges). Trump is not here today. He was excused.
Chutkan is now noting how many deadlines were days or a few weeks away when the appeal was taken by Trump and froze the case by appealing. But sounds like she isn't inclined to give Trump a ton of time beyond what was left then. That's her baseline.
JUST IN: Epic benchslapping of TX Atty General's office by USDJ David Ezra at hearing he called to chastise them for an unusual letter they sent to 5th Cir. Tuesday suggesting he was insubordinate. Starts p. 44 of PDF storage.courtlistener.com/recap/gov.usco…
For 2nd day in a row, GOP lawmakers hit Garland for proposing only 4 new DEA agents as Fentanyl deaths surge. But AG says real no. is 131, counting agents OK'd this year but not yet hired. Garland: 'The budget math and the actual math doesn’t always add up.'
Democrats are pointing out that across-the-board cuts GOP would impose government-wide as part of debt limit extension would actually slash spending by about 22%. Garland says: 'It would be devastating for our efforts to combat drug trafficking. Totally devastating.'
Garland says that would lead to 11,000 jobs at FBI being eliminated.
ON STAND NOW at Proud Boys trial as defense witness: S. Fla. rabbi Former Proud Boy George Meza. Meza on his exit: 'We in some way turned on each other and I was voted out of the club.' But generally presenting a flattering view of Proud Boys & their ideology
Meza says Proud Boys rules barred those 'currently identified' as white nationalists. They're kicked out 'or they're supposed to be,' he says
More Meza: 'The average minority, the average foreigner felt very comfortable around the proud boys because we put our lives in danger to protect them.'