Opening Arguments Profile picture
Jul 25 8 tweets 3 min read Twitter logo Read on Twitter
🧵TRUMP DOCUMENTS CASE - A THREAD

Today, Magistrate Judge Bruce Reinhardt unsealed a bunch of pleadings and orders in connection with the Mar-a-Lago search warrant docket.

Let's dive in, shall we? /1

storage.courtlistener.com/recap/gov.usco…
Media have been reporting the big news is that Special Counsel Jack Smith secured 7 additional search warrants in connection with Trump’s willful retention of national security information. However… /2
…we actually should have noticed that two weeks ago (7/14), when this order was unsealed, showing 8 case captions. The first (8332) is the Mar-a-Lago docket we all know & love. The other 7 are the newly-revealed search warrants. /3 case caption
Don’t get too excited; the warrants and affidavits are still under seal. In fact, the only publicly available document on each of those 7 dockets is a motion by media intervenors to unseal the affidavits. (Those motions are pending.) What’s interesting, however… /4
…is the timing of those warrants. Docket 8489 was for a search warrant on October 28, 2022; dockets 8533-34 on Nov. 21 & dockets 8547-50 on Nov. 28.

All of these were filed while Trump’s complaint was pending before Judge Cannon; before she got slapped down by the 11th Cir. /5

case caption
case caption
case caption
Meaing Jack Smith was not just reacting to Judge Cannon trying to sabotage his potential prosecution but exploring additional avenues to uncover evidence of Trump’s criminal conduct. The fact that all of these were opened in S.D.Fl strongly suggests they’re all for Mar-a-Lago. /6
Now, WE DO NOT KNOW WHAT THE WARRANTS WERE FOR, but there is one bit of information that makes me suspect they were for Mar-a-Lago employee phone & electronic record taps… /7
That’s this argument from the DOJ that completely unsealing the original search warrant affidavit “could be used to identify many, if not all of the witnesses” against Trump that were carefully omitted from the indictment. /8 "With the exception of Walt Nauta, the indictment does not name any witness whose statements are summarized in the affidavit, nor does it attribute any specific statements to any of the other witnesses references in the affidavit. Were these portions of the affidavit made public, the information could be used to identify many, if not all of these witnesses. For example, [redacted for 2 pages]"

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More from @openargs

Jul 13
Yesterday, Trump moved for an an indefinite continuance in the SDFL willful retention of documents case. TODAY, the DOJ filed its opposition. It's more proof that Jack Smith intends to telegraph & fight back against Trump's efforts to delay his trial. /1

storage.courtlistener.com/recap/gov.usco…
We told you in today's show that although this looks like boring procedural stuff, it's actually a pretty important window into Trump's litigation strategy & just how much Judge Aileen Cannon, FSW is in the tank for Trump. /2

openargs.com/oa775-is-this-…
Trump is right that his case is complex & one of first impression. But that doesn't justify extraordinary delay - he "should not be permitted to gesture at a baseless legal argument, call it 'novel' & then claim the court will require an indefinite continuance to resolve it." /3 As for the impact of the Presidential Records Act on this prosecution, any argument that it mandates dismissal of the Indictment or forms a defense to the charges here borders on frivolous. The PRA is not a criminal statute, and in no way purports to address the retention of national security information. The Defendants are, of course, free to make whatever arguments they like for dismissal of the Indictment, and the Government will respond promptly. But they should not be permitted to gesture at a baseless legal argument, call it “novel,” and then claim that the Court will require an indef...
Read 6 tweets
Jul 4
🚨BREAKING - BONKERS TRUMP JUDGE ISSUES CRAZED ANTI-VAX INJUNCTION

Happy Fourth of July! It is impossible to overstate how completely ridiculous this ruling Judge Doughty barfed out today is: /1

storage.courtlistener.com/recap/gov.usco…
It prevents the Biden administration from flagging false posts on Twitter & doing essentially anything to combat anti-vax & other nonsense because... reasons? BTW, this goes on for two pages in the order (linked below). /2

https://t.co/OQbU0b1FrGstorage.courtlistener.com/recap/gov.usco…
We previously explained how meritless the underlying *lawsuit* is back in Episode 713. Judge Doughty, in granting injunctive relief, ruled that not only is it a cognizable theory of relief (it isn't)... /3

openargs.com/oa713-state-ag…
Read 4 tweets
Jun 22
🚨 BREAKING - SANCTIONS ORDER IN MATA V. AVIANCA CHATGPT CASE

Case dismissed and lawyers fined; I've seen that. But this order also contains something I've never seen before: the lawyers have to write each of the judges in their fake opinions & apologize. storage.courtlistener.com/recap/gov.usco…
First, note this is a *THIRTY-FOUR* page opinion. It's not just a sanctions order; it's extensive documentary evidence of the fraud perpetrated on the court by the Levidow, Levidow & Oberman lawyers, LoDoca and Schwartz. /2
From the very beginning, it's clear that Judge Castel wasn't fooled; this wasn't just "boomers r bad at the Internets" - it was "you deliberately created fake opinions and kept going long after you knew you were caught." /3
Read 21 tweets
Jun 9
🚨TRUMP INDICTMENT ASSIGNED TO JUDGE AILEEN CANNON (?) - A THREAD 🧵

Now is a perfectly good time to panic. Or is it? Right now, there’s so much we don’t know, but there seem to be two things that are squarely in tension. /1
The first is that everything we’ve seen about Special Counsel Jack Smith to date indicates someone who is laser-focused on prosecuting high-level crimes of political corruption. Everything we learned yesterday was completely in line with that view. /2
In other words: Smith is not a super-deep triple Xanatos mole out to secretly tank the cases against Trump. He wouldn’t have gotten testimony from Corcoran and Bobb if that were the case. He 100% wants to win. /3
Read 22 tweets
Jun 9
🚨BREAKING - TRUMP INDICTMENT THREAD 🧵
We're not going to release an emergency episode until we get the actual Trump indictment which may not be until Tuesday. What we know now is tentative and from secondary sources, but here’s our best assessment of what to look for. /1
Media sources are reporting the grand jury issued a 7-count indictment against Trump in connection with his illegal retention of Presidential Records. (Quick Andrew & Liz were wrong: Trump is being indicted in Miami - the Southern District of Florida & not Washington DC.) /2
That seems odd, since presumably a 1/6 indictment will be in DC. We’ll have to see. It suggests that the DOJ may be more focused on producing witnesses relevant to Trump’s obstruction of justice, since that largely took place in Florida. /3
Read 12 tweets
Jun 8
Parsing today's surprising (and encouraging!) SCOTUS result in Allen v. Michigan & I wonder if the explanation isn't simply that Clarence Thomas's unhinged, pro-insurrection, anti-democratic views drove Kavanaugh into the arms of John Roberts on the VRA. supremecourt.gov/opinions/22pdf… Image
I have so many thoughts about this opinion. 1) It begins with an honest-to-god discussion of the legislative history of the VRA, as if the opinion fell to us through a welcome wormhole from 1994. /2 Image
This is what Supreme Court opinions USED to look like. But since when does this court give a damn about what the Congress who passed a law thought it meant as opposed to what Sam Alito thinks it "plainly" means today? /3
Read 15 tweets

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