When Trump claims he found out about the Twitter search warrant today just like the rest of that, be skeptical. Why? Because on June 20, the Special Counsel's office applied to modify the prior nondisclosure order to "permit Twitter to notify the former President." 1/
The D.C. Circuit opinion released today not only describes that motion but reflects it was granted. So while the warrant mostly remains subject to the nondisclosure order through ~Dec. 20, Twitter was allowed to tell Trump about the warrant's "existence and contents" in June. 2/
Yes, Trump's legal team has changed even since then. But are we really supposed to believe Twitter did not exercise the disclosure rights it fought for? Or that Trump's lawyers didn't share the news? I don't think so. FIN
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NEW: Special Counsel's team just filed a reply on the protective order: Trump "proposed an order designed to allow him to try this case in the media rather than in the courtroom;" their proposed order would "safeguard witness privacy & the integrity of these proceedings." 1/
They also note that during a Trump lawyer's "full Ginsburg" on all 5 Sunday shows, he referenced Pence's anticipated testimony, stating twice that Pence would be their best or one of their best witnesses. They then quote Trump's opposite tone in social media posts about Pence. 2/
But the real focus is why Trump won't agree to their standard order: Because "it would not permit the defendant or his counsel to publicly disseminate, and publicize in the media, various materials obtained from the Government in discovery." 3/
The most important thing to know about Trump's opposition to the government's proposed protective order is this: He wants the freedom to disclose witness interviews, recordings, etc. conducted outside the grand jury. 1/
That would theoretically allow him to reveal the names and publish the statements of those who spoke to DOJ/the Special Counsel *outside the grand jury* and/or could be cooperating. 2/
Yes, Trump instead floats treating "information regarding the government's confidential sources or which may jeopardize witness security" as sensitive. But he wouldn't treat witness transcripts, recordings, & interview reports as automatically sensitive. Ask yourself why. 3/
NEW: In opposing the Special Counsel's proposed protective order tonight, Trump's team accuses "the Biden Justice Department" of "wait[ing] over two-and-a-half years to seek this indictment, during an election cycle in which President Trump is the leading candidate." 1/
That any prosecutor could have issued the Special Counsel's 45-page indictment right after 1/6 is ludicrous, especially given that Trump and his allies fought hard, including through protracted litigation, to prevent DOJ & then Smith from obtaining proof. 2/
But more significantly, Team Trump knows well that Jack Smith is not Biden or Garland & was appointed to give Trump as fair a shake as possible, despite his declaring his candidacy roughly 2 years in advance to serve the narrative he's rolling out now. 3/
If like @JoyceWhiteVance & others, you predicted the Special Counsel’s Office would not just let Trump’s threatening language slide, you were right. Judge Chutkan could order briefing to be completed before the first 8/28 conference—or call in the parties beforehand.
In the meantime, within that same motion, the government says it stands ready to produce discovery to Trump as soon as a protective order is entered. And that discovery includes grand jury materials, witness statements, & materials obtained through sealed search warrants. 2/
And it also includes recordings and transcripts of witness interviews (e.g., outside the grand jury) plus sealed orders obtained by the government’s “filter team” related to this case. 3/
Per @axios this a.m., Trump is roughly the 1,097th person indicted for January 6-related crimes. Marinate in that. More than a thousand people have already been charged in connection with the disruption he allegedly exploited—and who went to the Capitol at his direction. 1/
Meanwhile, given what went down in the dining room off the Oval Office on January 6, as discussed in indictment paragraphs 108-111 and throughout the J6 report, I was struck by former WH photographer Pete Souza’s description of that dining room during Obama’s tenure. 2/
Obama, Souza says, kept a George Healy painting in that dining room. Called “The Peacemakers,” Souza writes “it depicts the historic March 27, 1865, strategy session by the Union high command during the final days of the Civil War.” 3/
On 7/14, NYT reported that a "low-level employee" of the Trump Organization received a target letter relating to the Mar-a-Lago case "in recent weeks" after testifying to a D.C. grand jury in May. His lawyer was Stan Woodward. 1/ nytimes.com/2023/07/14/us/…
But the new defendant in the superseding indictment, Carlos De Oliveira, has been represented by John Irving at least since late May. 2/
Meanwhile, like the unnamed employee who received the target letter NYT reported in mid-July, Yuscil Taveras a) testified before a D.C. grand jury in May; and b) is represented by Stan Woodward. And he’s never been charged. 3/