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Kyle Cheney Profile picture
@kyledcheney
Aug 16, 2023 • 13 tweets • 8 min read • Read on X
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NEW: Jack Smith obtained a stunning amount of Trump’s data from Twitter — DMs (yes, there were DMs), location info, draft tweets and more — newly unsealed court docs show. https://t.co/ZPNSswoF3Wpolitico.com/news/2023/08/1…

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But that’s just the start. The documents show Twitter mounted an unprecedented effort to impede the search warrant by notifying Trump — prompting an incredulous Judge Beryl Howell to wonder if Elon Musk was trying to “cozy up” to him. https://t.co/mVlasM13bOpolitico.com/news/2023/08/1…
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Prosecutors repeatedly described Trump learning about their search warrant for his Twitter data as a serious threat to the investigation and to witnesses. https://t.co/suzboQeuKtpolitico.com/news/2023/08/1…
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The bottom line: Twitter pleaded to inform Trump about a search warrant in a way that it apparently never did in its 17-year existence with any other user. It did this despite having no knowledge of the basis for the warrant or nondisclosure order. politico.com/news/2023/08/1…
MORE: Twitter’s basis for this was the prospect that some DMs could be covered be executive privilege. Howell and prosecutors were incredulous that Trump would be DMing close senior advisers to do official business https://t.co/QJfI5XyMG0politico.com/news/2023/08/1…

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Twitter says it doesn’t read users’ DMs but determined Trump sent/received them based on storage data: https://t.co/ONldmtkFnPpolitico.com/news/2023/08/1…
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Howell kept returning to the theme of the company, under Musk seeming to want to ingratiate itself to Trump. She said many users with valid privilege claims (marital, religious, etc) don’t get that kind of treatment. So why Trump?

https://t.co/lBVGp9KWdUpolitico.com/news/2023/08/1…
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Read the newly unsealed filings here:

And here: https://t.co/QyCRvwWSD2dcd.uscourts.gov/content/doc-50…
dcd.uscourts.gov/content/doc-50…
SIDE NOTE: An appeals court panel that upheld Howell’s contempt order against Twitter caused a boom of news stories saying Judge Howell found Trump was a flight risk (left).

She actually said the exact opposite (right). https://t.co/wdAdgtE6s7cadc.uscourts.gov/internet/opini…

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MORE: One thing prosecutors appeared to pursue is who *currently* has the keys to the @realdonaldtrump account.

Apparently, at least as of February, the list included Trump’s representatives to NARA (left). That list (right) includes some fun names.

https://t.co/GWnQb7qRLtpolitico.com/news/2023/08/1…

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@realDonaldTrump The discussion about Trump’s “fleets” is amazing. In sum:

Judge: WTF are fleets?

Twitter lawyer: No idea (!) just heard about them today

Special counsel: WTF are fleets?! But also, you better give us all of Donald Trump’s fleets.

https://t.co/8oXs1wVPBwpolitico.com/news/2023/08/1…

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NOTABLE: Chief Judge Boasberg, who took over grand jury matters from Howell in March, lifted Twitter's non-disclosure order in June (when it was due to expire), which authorized Twitter to inform Trump about the search warrant.

Unclear if they told him.

https://t.co/MDHejUVUdrpolitico.com/news/2023/08/1…

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In one of its unsealed filings, Twitter acknowledges that — given his aversion to texts and emails — Trump's DMs may be "the only such electronic communications written by the former President himself." https://t.co/EeGNT0Dwmcpolitico.com/news/2023/08/1…
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More from @kyledcheney

Kyle Cheney Profile picture
Aug 25
HAPPENING NOW: Judge Xinis is leaning toward issuing another restraining order to block Kilmar Abrego Garcia's immediate deportation to Uganda at least through this week — she wants an evidentiary hearing on Friday.
XINIS says law may require Abrego's deportation to his country of choice, given that Costa Rica has indicated a willingness to accept him, give him refugee status and vow not to re-deport him to El Salvador.

Uganda, where administration plans to send him, has made no promises.
XINIS emphasizes that she has serious concerns about the claim that DOJ pressured Abrego into a guilty plea by offering him deportation to Costa Rica — and threatening deportation to Uganda if he refused.

DOJ's Drew Ensign says Abrego's deportation is not "imminent," given pace of third-country removals.
Read 7 tweets
Kyle Cheney Profile picture
Aug 15
AND WE'RE UNDERWAY: Judge Reyes has taken the bench to consider DC's emergency bid to block Trump's takeover of the city's police department.
REYES notes the attack on DOGE employee Ed Coristine and the prior claim by Trump + allies that crime in DC has been significantly down this year before deciding there was a national emergency.

But she says she will assume, for today, that the emergency claim is legit.
Arguing for DOJ: Yaakov Roth, principal deputy assistant attorney general of the Civil Division.
Read 10 tweets
Kyle Cheney Profile picture
Aug 11
HAPPENING NOW: President Trump's deployment of the military into L.A. is on trial before Judge Breyer, who will decide whether the effort violates the Posse Comitatus Act.

First witness: Army Deputy Chief of Staff William Harrington.
Lawer for Newsom now underscoring that leaders of the federalized National Guard troops were generally trained to be aware of Posse Comitatus Act and the strict limits it puts on their domestic law enforcement activity.
Newsom's lawyers now eliciting testimony about all of the operations Guard troops participated in during deployment in LA, including 2 against marijuana farms in Mecca and Camarillo

Also, Harrington confirms HEGSETH directly approved guard role in operation in MacArthur Park.
Read 7 tweets
Kyle Cheney Profile picture
Aug 11
BREAKING: Judge Engelmeyer has *denied* the Trump administration’s bid to unseal Jeffrey Epstein grand jury material. storage.courtlistener.com/recap/gov.usco…Image
ENGELMEYER says the Trump administration’s claim that they wanted to release the Epstein grand jury records to shed new light on the case is “demonstrably false.” storage.courtlistener.com/recap/gov.usco…Image
MORE: Engelmeyer says he reviewed the grand jury material and confirmed there is virtually nothing in it that isn’t public already. It would “not reveal new information of any consequence.” storage.courtlistener.com/recap/gov.usco…Image
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Read 6 tweets
Kyle Cheney Profile picture
Aug 5
NEW: Donald Trump may be off the hook for his alleged crimes, but his allies are still facing charges in five states — including a case against fake electors that goes before Nevada's Supreme Court tomorrow

A look at the zombie cases and what comes next. politico.com/news/2025/08/0…Image
In Arizona, where Trump allies like Mark Meadows, Rudy Giuliani and John Eastman still face prosecution, AG Kris Mayes is fighting to salvage her grand jury indictment or else go back to the drawing board.

An appeals court is likely to rule in late summer
politico.com/news/2025/08/0…Image
In Georgia, Trump is still technically a defendant but is unlikely to ever see the inside of a courtroom. The case is also a trainwreck, frozen by questions about prosecutorial misconduct that must be resolved even before thorny are resolved. politico.com/news/2025/08/0…Image
Read 6 tweets
Kyle Cheney Profile picture
Jul 24
NEWS: Trump has withdrawn Alina Habba's nomination to be US attorney in New Jersey, part of a multistep maneuver intended to keep her in the position as acting US attorney beyond an initial Friday deadline.
Here's how it works:

1) Habba resigns as interim US attorney, ahead of a Friday deadline
2) Trump withdraws Habba's nomination to take the job permanently
3) AG Bondi appoints Habba First Assistant US attorney
4) Habba automatically becomes acting US attoreny bc of the vacancy.
The reason Trump has to withdraw her nomination is because the Federal Vacancies Reform Act prohibits the nominee for a Senate-confirmed office from holding the post on an "acting" basis.
Read 5 tweets

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