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Kyle Cheney Profile picture
@kyledcheney
Oct 24 • 3 tweets • 1 min read Twitter logo Read on Twitter
JUST IN: Donald Trump is mounting what appears to be the heart of his effort to derail the election-subversion case against him in Washington, D.C., filing three motions tonight to dismiss the case:

1) On constitutional grounds
2) On legal grounds
3) For selective prosecution
Trump’s filings boil down to a few points:

1) The charges criminalize his constitutional right to petition govt

2) The charges fail as a matter of law (he didn’t use “trickery” against govt, he didn’t act “corruptly” to obstruct Congress)

3) The Senate acquitted him already.
He also wants at least an inquiry on “selective” prosecution, citing reporting on Biden’s views/comments about the case.

Prosecutors will have a chance to respond to these motions in the next few weeks.

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More from @kyledcheney

Kyle Cheney Profile picture
Oct 24
BREAKING: Jenna ELLIS is taking a guily plea in Georgia for a count of "aiding and abetting false statements/writings." Image
The charge centers on the transmission of false information to Georgia legisaltors on Dec. 3, 2020. documentcloud.org/documents/2407…
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MORE: Ellis is currently in court pleading to the single count, which is a felony. Watch here:
Read 8 tweets
Kyle Cheney Profile picture
Oct 19
JUST IN: Prosecutors have filed their lengthy response to Trump’s effort to dismiss the Washington, DC charges against him by claiming presidential immunity.

Despite his claims, they say, there are no parallels to Lincoln or Washington in his conduct. Details Tk Image
The government cites Aaron Burr to point out that former presidents /VPs can be prosecuted for conduct while in office.

Read the 54-page filing: documentcloud.org/documents/2405…
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This is major new ground for federal prosecutors. s3.documentcloud.org/documents/2405…
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Read 8 tweets
Kyle Cheney Profile picture
Oct 17
NEW: Judge Chutkan's gag order marks a new phase of Trump's life as criminal defendant -- but it also raised a series of unanswered questions about how it will work.

@joshgerstein and I explore them here:

politico.com/news/2023/10/1…
Image
1) The big unanswered question: How will Chutkan enforce violations? She could impose monetary fines, social media restrictions, in-court scoldings and even pretrial incarceration. The order doesn't hint at a framework or guide for any such punishments.

politico.com/news/2023/10/1…
2) Chutkan's written order applies the gag to "interested parties." That could mean simply Trump, is lawyers and the special counsel's office. But the phrase is vague and undefined in the order. politico.com/news/2023/10/1…
Image
Read 6 tweets
Kyle Cheney Profile picture
Oct 16
NEW: It’s hard to imagine a more consequential moment for Trump — other than the verdict itself — than an order by Judge Chutkan sharply curbing his penchant for invective against his perceived enemies. politico.com/news/2023/10/1…
Image
But Trump has spent a year fashioning the justice system as his enemy — assailing witnesses who have testified against him and relitigating the conduct at the heart of the charges against him

That doesn’t work when you’re a criminal defendant. The story:

politico.com/news/2023/10/1…
HAPPENING NOW: Trump gag order hearing is approaching. Spotted on the line for the public gallery: Rep. Marjorie Taylor Greene.
Read 31 tweets
Kyle Cheney Profile picture
Oct 10
JUST IN: George SANTOS hit with 23-count supereding indictment. Image
Prosecutors say Santos entered into two sweeping conspiracies to defraud donors and the FEC -- including stealing "the personal identity and financial information of contributors to his campaign" and charging "contributors’ credit cards repeatedly, without their authorization."
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READ the 41-page superseding indictment: documentcloud.org/documents/2402…

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Read 4 tweets
Kyle Cheney Profile picture
Oct 10
HAPPENING NOW: In pretrial hearing for Trump codefendant Ken Chesebro, his attorneys keep leaning on fact that offering a contingent slate of electors is envisioned under the Electoral Count Act. So how can it be be a crime? Dems did it in Hawaii!

But...
Chesebro is charged not just with devising elector strategy -- but with using it not as a legal strategy but with using them as a political tactic to disrupt Congress.

And Dems' Hawaii electors were arguably illegal but had zero bearing on outcome. politico.com/news/2022/02/0…
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It's not just that Hawaii wasn't decisive in the 1960 election. It's that the contingent electors Dems' attempted to offer while a recount was pending played exactly zero role in state legal proceedings or in Richard Nixon's decision to count Hawaii for Kennedy.
Read 6 tweets

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