Kyle Cheney Profile picture
Aug 22, 2023 13 tweets 7 min read Read on X
NEW: David Shafer, one of the 19 defendants charged with Trump in GA, has posted a transcript of the Dec. 14, 2020 meeting of the false GOP electors as part of a court action.

It shows Trump campaign attorney Ray Smith's advice to the group.

storage.courtlistener.com/recap/gov.usco…

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SHAFER also posted an email attorney Alex Kaufman (not charged in the conspiracy) sent him on Dec. 10, 2020, copying several Trump campaign attorneys/affiliates. storage.courtlistener.com/recap/gov.usco…
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It's part of Shafer's effort to remove the Fulton County chages to federal court. He essentially argues (as he has for some time) that his efforts were all based on the advice of Trump campaign and party lawyers. His removal filing: storage.courtlistener.com/recap/gov.usco…
MORE: Jeff Clark, also seeking to bring his case to federal court, makes a circuitous argument to contend he shouldn't even be arrested in Fulton County. storage.courtlistener.com/recap/gov.usco…
He says the "special purpose grand jury" is civil (a claim disputed by many courts, who say it is a criminal process) and therefore civil removal laws should kick in, which automatically stay all state proceedings.

storage.courtlistener.com/recap/gov.usco…
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NEW: Former Georgia GOP Chair David Shafer, one of Trump's codefendants, squarely attributed the false elector plan to Trump campaign lawyers — an indication of the tensions that are likely to mount as the sprawling raceketeering case proceeds.

politico.com/news/2023/08/2…
UPDATE: In his motion for an emergency stay of the Fulton County prosecution, Jeff CLARK says he wants to avoid
"the choice of making rushed travel arrangements to fly into Atlanta or instead risking being labeled a fugitive"

He wants a decision by 5pm
storage.courtlistener.com/recap/gov.usco…
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UPDATE: The judge handling efforts by Trump's codefendants to remove their cases to federal court gives Fani Willis until tomorrow at 3pm to respond to Jeff Clark's motion to stay the proceedings. He won't permit Clark to reply. storage.courtlistener.com/recap/gov.usco…
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FUN FACT: The judge who will decide whether Trump/Meadows/Clark et al can take their Georgia charges to federal court was nominated by Obama on the same day he nominated... future chief judge Beryl Howell to the district court in DC. obamawhitehouse.archives.gov/the-press-offi…
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JUST IN: Mark MEADOWS is seeking an emergency order from a federal judge to stave off his imminent arrest by Fulton County DA Fani Willis.

Willis rejected his request to delay the arrest while he tries to move his case to federal court and dismiss the charges.
Here is what MEADOWS' attorneys wrote to Willis this morning after she rejected his effort to delay his arrest. Image
READ the series of emails between Meadows and Willis before the discussions broke down. They're available here: courtlistener.com/docket/6769438…



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THERE'S MORE: Fan WILLIS has subpoenaed two Trump-linked attorneys — Alex Kaufman and Kurt Hilbert — to appear at next week's hearing on Meadows' bid to move the case to federal court.
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More from @kyledcheney

Jan 29
In court just now, the states are introducing @PressSec tweet saying the funding freeze is still active as evidence that their lawsuit should continue.
Judge MCCONNELL says that prior to the withdrawal of OMB's spending freeze memo, he was inclined to issue a temporary restraining order given the lack of clarity/potential for harm. Now he thinks there may need to be case-by-case legal actions as funding is blocked.
The states say the WH statements suggest the original, sweeping spending freeze is still in effect, even if the OMB memo describing it has been pulled. The harm continues, they say, so they want a restraining order.
Read 5 tweets
Jan 22
NEW: Judge CHUTKAN is now weighing in on Trump's mass dismissal of Jan. 6 cases, saying it "cannot whitewash the blood, feces, and terror that the mob left in its wake."
politico.com/news/2025/01/2…Image
Chutkan's comments closely followed Judge Beryl HOWELL, who lit into Trump's dismissals for stoking a "revisionist myth" about what happened on Jan. 6 and the criminal cases that followed. politico.com/news/2025/01/2…Image
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SIDE NOTE: There are all kinds of ancillary issues cropping up w/ J6 dismissals. Judge Mehta notes that he may not be able to "dismiss" a conviction that has been finalized. Judge Bates wants to know whether he can still penalize a defendant for violations of release conditions. Image
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Read 4 tweets
Jan 10
HAPPENING NOW: Judge Howell is lighting into Giuliani for violating an order — that he voluntarily entered into — against further defaming Ruby Freeman and Shaye Moss.

Moments before the hearing began, Giuliani attacked Howell as "bloodthirsty." He keeps trying to speak over her
Giuliani is attacking Howell even as the hearing is underway. Image
GIULIANI is taking the stand as lawyers argue over the worth of his assets that are not already subject to the Moss/Freeman deposition litigation. He has been sworn in. Howell emphasizes this will be brief.
Read 9 tweets
Jan 10
BREAKING: The Supreme Court has *DENIED* Donald Trump's bid to stay his criminal sentence in NY.

5-4 decision Image
The thrust: Trump can deal with his complaints about trial evidence / immunity in the regular appeals process, rather than on an emergency basis.

And the burden on the transition should be minimal, they say, because the judge plans to impose a limited sentence.
UAlito did not recuse despite Dems calling on him to do so after he acknowledged advocating for a former clerk to get an administration job.

Barrett, Roberts sided with the court's liberals.
Read 4 tweets
Jan 7
BREAKING: Cannon has blocked DOJ from releasing Smith’s report until further court proceedings Image
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MORE: Cannon's order came wthout addressing questions about her jurisdiction (the case is pending before the 11th circuit, not her court) and in advance of a promised filing from Smith's office later tonight.

DOJ had also assured her the report wouldn't come before Jan. 10.
ALSO: The order does NOT bar Trump or his codefendants from sharing aspects of the report, even though they have spent three days reviewing it. DOJ said earlier today that Trump inappropriately shared details of the report in a court filing yesterday.
Read 5 tweets
Jan 7
BREAKING: Donald Trump's former former codefendants in Florida, are asking Judge Cannon to block Jack Smith from publcly releasing a final report. s3.documentcloud.org/documents/2547…Image
MORE: Trump himself is asking Attorney General Merrick Garland to block Jack Smith form releasing a final report, claiming it would violate presidential transition laws and infringe on his constitutional immunity from criminal procedures. He wants Garland to let Bondi decide. Image
Trump's lawyers have reviewed Smith's "two volume report" for the past three days at the special counsel's office. Image
Read 4 tweets

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