Kyle Cheney Profile picture
Sep 15 7 tweets 3 min read Twitter logo Read on Twitter
JUST IN: Judge Chutkan is about to unseal a filing related to potential witness intimidation by Trump, alleged by prosecutors. It will be redacted to exclude identiying information, but she mentions the government is seeking some form of "relief.

ecf.dcd.uscourts.gov/cgi-bin/show_p…
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Chutkan characterizes Jack Smith's motion this way:

"The government seeks to establish that Defendant has publicly criticized his perceived adversaries and is aware that this criticism has led to their harassment."

She reveals that witnesses testified about harassment. Image
NEWS: Prosecutors are seeking a “narrow“ limit on what Trump can publicly say about potential witnesses in the Washington DC criminal case against him Image
NEW: Prosecutors want to gag Trump’s ability to attack Jack Smith, Judge Chutkan and potential witnesses in his Washington DC criminal case. They say he has knowingly stoked attacks and harassment on perceived critics with false and inflammatory rhetoric. Image
MORE: Prosecutors also say Trump “knowingly lied” when he accused prosecutor Jay Bratt of improperly meeting White House officials. Rather, he had the evidence that Bratt was interviewing a career military official stationed at the WH. go.politicoemail.com/?qs=489a0f4e04…
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NEWS: The gag order request came hours after newly unsealed court filings from the spring showed the same prosecutors warning that Trump's knowledge of. asearch warrant for his Twitter account could "precipitate violence." politico.com/news/2023/09/1…
Taken together, the filings are an extraordinary assessment by prosecutors that a former US president poses a unique danger to the justice system, spreading "knowing lies" in ways that stoke threats and actual violence — but continuing to do so anyway. politico.com/news/2023/09/1…

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More from @kyledcheney

Sep 15
NEWS: Prosecutors secretly warned a federal judgein APril that if Trump learned of the search warrant for his Twitter account, his public disclosure could "precipitate violence."

"The former President presents a significant risk of tampering with evidence."

Details TK
Hundreds of pages of newly unsealed court documents lay bare Jack Smith's contention that Trump presents a "significant" ongoing risk of "obstructive conduct" and witness tampering. Their arguments convinced a federal judge to prevent Twitter from telling Trump about the warrant.
NEWS: Jack smith argued in April that Donald Trump's "obstructive efforts continue unabated" related to the investigation of his efforts to subvert the 2020 election. politico.com/news/2023/09/1…

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Read 6 tweets
Sep 15
JUST IN: DOJ sharply rejects Trump's call for Tany Chutkan to recuse from his Washington D.C. criminal case.

They say he's misrepresenting her "factual" and "appropriate" responses to Jan. 6 defendants.

Details TK

documentcloud.org/documents/2397…
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Two examples that Smith's team offers in which judges made comments that did not require recusal?

The Watergate-era trial of H.R. Haldeman and the more recent plea deal of Trump's former NSA Mike Flynn documentcloud.org/documents/2397…

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MORE: Proescutors note that Chutkan has handled dozens of Jan. 6 defendants, many of whom have sought to pin their conduct on Trump. Chutkan's comments about Trump came as she rejected those arguments, they noted, and were rooted in her numerous J6 cases.
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Read 4 tweets
Sep 13
JUST IN: Willis argues. tothe 11th Circuit that *no* former federal officials should be able to remove state cases to federal court.

documentcloud.org/documents/2397…
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Meadows, in his own response on this question, says the answer is obvious: of course former federal official should be able to remove case.

Who does he cite? Judge Alvin Hellerstein who ... rejected Trump's effort to remove. his NY case to federal court documentcloud.org/documents/2397…
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Meadows also points out that no court has ever questioned whether former federal officials can remove cases to federal court. Image
Read 4 tweets
Sep 13
NEWS: A federal appeals court panel dealt a serious setback to Jack Smith's effort to access Rep. Scott Perry's phone.

His contacts related to the 2020 election are covered by the Speech or Debate Clause, the panel ruled.

w/ @joshgerstein

politico.com/news/2023/09/1…
The ruling may be welcome news to both parties on Capitol Hill, however: It significantly expands the scope of the Speech or Debate clause — including, for the first time, to cell phones.

Dems joined Rs to intervene in this case to ensure this outcome.

politico.com/news/2023/09/1…
READ the full 29 page opinion from Judges Rao, Katsas and Henderson. cadc.uscourts.gov/internet/opini…
Read 4 tweets
Sep 13
NEW: An unusual fresh-air break by the jury that convicted Peter NAVARRO is threatening to upend the case.

Judge Mehta held a hearing on the matter today. At issue: Were the jurors exposed to Jan. 6 protesters during deliberation?

politico.com/news/2023/09/1…
Mehta has to determine not only whether the jurors were exposed, but whether their verdict — reached 30 minutes after their excursion — could have been influenced by it.

Today, he took testimony from the court security officer that accompanied the jury. politico.com/news/2023/09/1…
Mehta said the court is also preparing to provide security camera footage to DOJ and Navarro's defense team to clarify what the jurors might have seen during the 10-15 minutes they were outside. politico.com/news/2023/09/1…
Read 5 tweets
Sep 12
NEW: The Biden administration has a literal Trump card to play against the House GOP impeachment inquiry:

In 2020, Trump’s DOJ issued a binding legal opinion that impeachment inquiries are invalid without an official vote of the House.

w/ @joshgerstein

politico.com/news/2023/09/1…
That opinion by the DOJ Office of Legal Counsel remains on the books and binds federal agencies (like DOJ and the FBI) from complying with the House’s impeachment-related subpoenas without a formal vote. politico.com/news/2023/09/1…

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Trump’s OLC issued that opinion just as his 2020 impeachment trial (Ukraine) was beginning, and he used it to shield himself from claims he had obstructed the House inquiry. politico.com/news/2023/09/1…
Read 4 tweets

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