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Kyle Cheney Profile picture
@kyledcheney
Apr 17 • 6 tweets • 3 min read Twitter logo Read on Twitter
JUST IN: Judge Kelly has tossed two motions by Dominic Pezzola to dismiss the Proud Boys case or have a mistrial declared — and he’s not mincing words. ImageImageImage
Pezzola is represented by Roger Roots and Stephen Metcalf, though Roots has led on most of these factually challenged motions, which have ginned up lots of sensational headlines but have not withstood even gentle scrutiny.
Notably, Judge Kelly says he’s reviewed the 80 lines of messages DOJ clawed back from the defendants after inadvertently disclosing what they said was classified material.

None of it was relevant to the defense, Kelly said. Image
Kelly also knocks down Pezzola’s claim about the government “suppressing” the Jan. 6 security footage that Fox aired. Pezzola had most it for 15 months before trial and the rest in January. He could’ve used it in his defense but didn’t. Also, it’s not exculpatory for him. ImageImage
Here's the full order from Judge Kelly tonight: storage.courtlistener.com/recap/gov.usco…
NEW: Judge Kelly used the late Sunday order to knock down some of the thinly premised claims made by Dominic Pezzola and his lawyers.

politico.com/news/2023/04/1…

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More from @kyledcheney

Kyle Cheney Profile picture
Apr 17
HAPPENING NOW: Just Kelly has blocked the media's realtime access to Proud Boys trial proceedings bc of court staff's own error last week when they streamed a sealed hearing into the press room.

That will significantly impede coverage of the two defendants who are testifying.
It's astonishing that in one of the most important trials in America right now, the court is going to significantly curtail access to the trial four months into it — punishing the reporters trying to inform the public about it.
The backup option, of course, is to cover the trial from the courtroom itself or the public overflow room, where devices are not permitted, so live and largely verbatim coverage of the trial is impossible.

So coverage will happen, but it will be slower and less detailed.
Read 5 tweets
Kyle Cheney Profile picture
Apr 14
HAPPENING NOW: Judge McFadden is about to sentence Patrick MCCAUGHEY, who committed one of the most memorable and prolonged assaults on Jan. 6 against MPD Officer Hodges. DOJ is seeking 188 months.
MCCAUGHEY just addressed the judge, expressing an apology to the police he attacked and saying his behavior was “like an animal” that day.

Officer Hodges also addressed the court, saying he views McCaughey as a foot soldier, but one who caused immense pain and trauma.
MCFADDEN agreed to the government’s guideline range of 151-188 months, which is notable considering he has frequently diverged from DOJ’s range in similar cases.

The longest Jan. 6 sentence to date is 120 months for Thomas Webster, handed down by Judge Mehta.
Read 5 tweets
Kyle Cheney Profile picture
Apr 13
NEWS: Three-judge panel *partially* stays the district courts order re: Mifepristone regarding the FDA’s 2000 approval. It denies the stay for the FDA’s post-2016 changes. Image
The panel for this stay decision:

Catharina Haynes (GW Bush)
Kurt Engelhardt (Trump)
Andrew Oldham (Trump)

Haynes would have stayed the entire order until future merits panel had a chance to weigh in on a stay.
These are the policy changes that the appeals court has effectively blocked (pending appeal) by denying the stay, including increased availability of mifepristone from 7-10 weeks of pregnancy. Image
Read 5 tweets
Kyle Cheney Profile picture
Apr 12
Trump has filed a $500m lawsuit in Florida against former attorney (and current witness against him) Michael Cohen.

storage.courtlistener.com/recap/gov.usco…
Trump has lodged a series of these types of lawsuits against political and legal adversaries in recent years, with most going nowhere. A couple have led to sanctions for frivolousness.

This is notable because it is going after someone expected to be a key witness against him.
UPDATE: Trump’s lawsuit against Michael Cohen has been assigned to Darrin GAYLES — appointee of Barack Obama Image
Read 4 tweets
Kyle Cheney Profile picture
Apr 12
NEW: Overnight, Trump moved to delay the April 25 defamation trial in the lawsuit brought by E. Jean Carroll, claiming the charges brought by DA Bragg had created a ‘media frenzy’ that would prejudice potential jurors.

politico.com/news/2023/04/1…
Trump’s lawyer Joe Tacopina cited a sharp increase in Google search results for coverage of the Trump indictment, which he said could inflame jurors — especially because both cases involve alleged “sexual misconduct.” politico.com/news/2023/04/1…
But it’s hard to imagine Trump’s legal fortunes (and accompanying media coverage) to get less intense a month from now. Several other criminal probes are closing in, with Fulton County indictments potential weeks away. politico.com/news/2023/04/1…
Read 6 tweets
Kyle Cheney Profile picture
Apr 11
NEWS: BRAGG is suing Jim JORDAN and House Republicans for what he says is an "unprecedently brazen and unconstitutional attack" on his Trump probe.

The lawsuit: storage.courtlistener.com/recap/gov.usco…
MORE: Bragg is also seeking a temporary restraining order to prevent Jordan from enforcing the subpoena for Mark Pomerantz. storage.courtlistener.com/recap/gov.usco…
UPDATE: Bragg's lawsuit may not get very far. Federal courts are loath to police Congress' investigative activity and typically refuse to probe the political mentality of individual lawmakers

But it could tie up Jordan's efforts to glean info.

politico.com/news/2023/04/1…
Read 7 tweets

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