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Mar 22 • 12 tweets • 5 min read
NEWS: An appeals court panel has temporarily blocked Judge Howell’s “crime-fraud” order against Trump attorney Evan Corcoran but set a series of rapid deadlines — including at midnight tonight and 6am tomorrow — to resolve the matter.

w @joshgerstein

politico.com/news/2023/03/2…
MORE: The order makes clear documents are at issue — and the extraordinary light-speed with which the appeals court is moving suggests there will be action on this at the federal courthouse *tomorrow.*

politico.com/news/2023/03/2…
The appeals court panel dealing with the issue: Cornelia Pillard (Obama), Michelle Childs (Biden) and Florence Pan (Biden).

It’s the inverse of last month’s appeals panel that heard the Scott Perry case: Rao (Trump), Katsas (Trump), Henderson (Bush I).

politico.com/news/2023/03/2…
In layman’s terms 1/2

-Judge Howell ruled Friday that Evan Corcoran’s comms with Trump likely reveal evidence of a crime — invalidating attorney-client privilege.

-Appeals court agreed to *very* briefly block Howell’s order to consider emergency appeal.

politico.com/news/2023/03/2…
-At midnight, Trump side must detail documents at issue
-At 6 AM, Jack Smith team must reply

Three-judge panel will likely rule quickly, given extraordinary urgency of timeline.
2/2
politico.com/news/2023/03/2…
For those saying they’ve never seen the appeal court move this fast:

Yes, but… they came pretty close in October when Trump tried to block Marc Short and Greg Jacob from testifying. He lost the emergency appeal and Short testified the next day.
UPDATE: Trump lawyers made two midnight filings to stave off effort by DOJ effort to piece Trump’s attorney-client privilege in Mar-a-Lago documents cast.

At 5:36AM, DOJ filed a 6,400-word response, meeting the appeals court’s 6AM deadline. politico.com/news/2023/03/2…
What happens next? Presumably the appeals court will rule pretty quickly — before noon and maybe even by 9am.

Keep an eye out for Trump lawyers appearing at the federal courthouse today, and possibly even for Corcoran to testify.

politico.com/news/2023/03/2…
BREAKING: The appeals court has DENIED effort by Trump team to block Judge Howell's order turning over *documents* to special counsel Jack SMITH's team.

Details are under seal.
NEW: Significant win for special counsel Jack SMITH.

Appeals court panel rejects bid by Trump team to prevent Smith from accessing attorney-client privileged docs that a lower-court judge ruled contained likely evidence of a crime.

w/ @joshgerstein

politico.com/news/2023/03/2…
It’s unclear at the moment if Trump will seek Supreme Court review, but he may not have much time to make that decision. Last time the same sequence of events played out, Marc Short testified the next day. politico.com/news/2023/03/2…
MORE: Trump had treaded carefully around Judge Howell for the last year as she presided over grand jury matters that could determine his criminal fate. But his team launched its first attack on her as soon as she ceded the chief’s gavel to another judge.

politico.com/news/2023/03/2…

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More from @kyledcheney

Kyle Cheney Profile picture
Mar 23
SPOTTED: Trump lawyer Evan CORCORAN entering the federal courthouse
This may not be for his own matter but other grand jury matters connected to Trump. It’s a complicated time for him.
NOW: Trump attorneys John Rowley and Jim Trusty are here, along with Pence attorney Emmet Flood.
Read 6 tweets
Kyle Cheney Profile picture
Mar 22
HAPPENING NOW: Very bizarre moment as prosecutors got permission from Judge Kelly to take selfies and group pictures with Eddie Block's service dog (named Donald J. Trump) who was permitted to be on the witness stand with him.
Defense attorneys and paralegals lining up for pictures too. It's been a very long trial.
Norm Pattis, attorney for Joe Biggs, posts a picture of the dog. Photos typically aren’t allowed in the courthouse, but Kelly granted permission today.
Read 6 tweets
Kyle Cheney Profile picture
Mar 20
JUST IN: In third Oath Keepers trial, four of six defendants are GUILTY of all charges, including obstruction:

Sandra Parker, Laura Steele, William Isaacs, Connie Meggs
Two defendants had mixed results but were acquitted or deadlocked on serious charges: Bennie Parker and Michael Greene.
B PARKER: Deadlocked on conspiracy to obstruct, acquitted of obstruction and conspiracy to prevent fed officer from discharging duties.

GREENE: Acquitted of conspiracy to obstruct. Deadlocked on obstruction. Acquitted of conspiracy to prevent fed officer from discharging duties
Read 4 tweets
Kyle Cheney Profile picture
Mar 20
NEW: As he awaits indictment in Manhattan, Trump is trying to stave off another one — in Georgia, where today his lawyer moved to suppress evidence gathered by a special grand jury.

politico.com/news/2023/03/2…
The lawyer, Drew Findling, cited a series of procedural issues and the recent comments by members of the grand jury — and the presiding judge — to suggest the entire process must be thrown out. politico.com/news/2023/03/2…
Findling argues that the special grand jury was a civil proceeding and therefore efforts to compel out-of-state witnesses to appear (which requires a criminal process) were improper.

But many states rejected that argument, requiring witnesses to appear. politico.com/news/2023/03/2…
Read 4 tweets
Kyle Cheney Profile picture
Mar 20
NEW: A little-watched discrimination trial against the FBI this month peeled back layers of dysfunction, burnout and territorialism that dogged a key office in the years before Donald Trump fashioned the agency as a nemesis.

w/ @joshgerstein

politico.com/news/2023/03/2…
The trial featured testimony from Jim Baker who took over the bureau’s legal office in 2014. He said it was such a fearful mess that employees — some of the top lawyers in govt — were afraid to speak up and slipped anonymous notes under his door at night. politico.com/news/2023/03/2…
The jury ultimately found for the FBI, rejecting the gender discrimination claim brought by a Baker deputy, but not before a parade of top FBI officials laid bare the internal messes they dealt with while tasked with fighting crime/combating terrorism.

politico.com/news/2023/03/2…
Read 5 tweets
Kyle Cheney Profile picture
Mar 18
🚨 Trumps says he expects to be arrested Tuesday
It’s unclear if he’s basing this on being informed or on some TV speculation. He cites “illegal leaks” for this expectation, so it’s a bit murky at the moment. But this call for people taking to the streets to “take our nation back” is straight from Jan. 6 playbook.
NEW: Predicting imminent charges against him in Manhattan, Trump called on supporters Saturday to “take our nation back,” an ominous exhortation reminiscent of his Jan. 6 calls.

w/ @joshgerstein @eorden

politico.com/news/2023/03/1…
Read 5 tweets

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