Kyle Cheney Profile picture
Aug 16, 2023 13 tweets 8 min read Read on X
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

Feb 22
🧵CUTTING ROOM FLOOR from the return of prominent J6 defendants to the Capitol, shortly before Enrique Tarrio’s arrest on a simple assault charge.

It started at the base of the west front Image
The group included: Stewart Rhodes, founder of the Oath Keepers, who had been sentenced to 18 years in prison for seditious conspiracy Image
There were Joe Biggs and Ethan Nordean, who led 100s of Proud Boys to the Capitol on Jan. 6 and were imprisoned for 17-18 years until Trump committed their sentences Image
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Read 17 tweets
Feb 21
BREAKING: USCP is arresting Enrique Tarrio for swiping his hand at a counterprotester who got in his face. Image
Tarrio had just left a press conference at the Capitol with dozens of pardoned Jan. 6 defendants announcing plans to sue DOJ. He was exchanging info with a photographer when the incident occurred. Image
Here’s the group just before the press conference, which drew a small number of (loud) counterprotesters Image
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Read 4 tweets
Feb 18
JUST IN: Another medical horror story in a court affidavit from a USAID employee stationed overseas. Says his pregnant wife was not medevac-ed for emergency health care because of directives from Washington. Took intervention of a U.S. senator to reverse — but was too late. Image
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The employee, identified only as Terry Doe, says he’s been in touch with 25 other pregnant foreign service officers who are fearful their care will be cut off if the agency closes down completely on March 8. Image
Full affidavit from "Terry Doe" here: s3.documentcloud.org/documents/2553…
Read 4 tweets
Feb 14
WOW: Judge Reyes just absolutely tore into the lawyers for the fired IGs, saying they waited 21 days to file suit and then demanded emergency same-day relief.

She forced them to withdraw their TRO motion and threatened them with sanctions.
Reyes was livid that the lawyers for the IGs compared their case to the recently decided case of fired ethics watchdog Hampton Dellinger. She pointed out why those cases are nothing alike and wondered why the IGs would even try to compare them.
MORE: When Reyes asked DOJ if they wanted to weigh in the attorney, having just watched the obliteration of his adversary, meekly replied, "Um, ah, nothing from the government." Smart move.
Read 5 tweets
Feb 14
HAPPENING NOW: Judge Chutkan is holding a hearing on state AGs' effort to stop Elon Musk and DOGE's entire government operation.

Lawyer for NM says Musk is a "literal wrecking ball"

Chutkan is skeptical of urgency of an immediate restraining order.
Chutkan is not buying the demand for extraordinary emergency relief. The states might have a case, she says, but not necessarily for an immediate restraiing order.

The states say Musk likes to work the weekend so he might cause harm this weeknd. Chutkan says that's not enough.
Chutkan's main issue is the breadth of what states are asking for. She says she understands states concerns given the "unpredctability" and pace of DOGE's actions. But a TRO against Musk and everything he does seems too broad, she says.
Read 4 tweets
Feb 10
WHILE YOU WERE SLEEPING (again): The Justice Department asked a court to urgently “dissolve” or “modify/clarify” the sweeping order that blocks Musk allies — and political leadership in Treasury from accessing the government’s massive payment system. storage.courtlistener.com/recap/gov.usco… x.com/kyledcheney/st…
The order describes Judge Engelmayer’s original block as an “impermissible” incursion on the Executive Branch and an “anti-constitutional” move that damages Treasury leadership’s ability to do its job. Image
NOTABLE: The Trump admin is already negotiating with the states who filed the lawsuit to narrow the order. And the judge currently presiding over the case has ordered this to move lightning fast. Image
Read 7 tweets

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