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Kyle Cheney Profile picture
@kyledcheney
Nov 9 • 5 tweets • 3 min read Twitter logo Read on Twitter
NEW: Jack Smith has tipped his hand. The Jan. 6 violence won’t just be a side note at Donald Trump’s D.C. trial — it’s the heart of the case, the last desperate tool of a man bent on seizing power at any cost.

politico.com/news/2023/11/0…
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The decision unlocks an extraordinary mountain of case law built up in the 1,200-plus Jan. 6 riot prosecutions — prosecutors can draw from testimony of hundreds of rioters who responded to Trump’s words that day and then committed violence against police. politico.com/news/2023/11/0…
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And it also makes the March 4 trial more of an apparent successor to the Jan. 6 select committee, whose former leaders they are heartened to see Smith lean into the connection between Trump’s scheme and the riot. politico.com/news/2023/11/0…
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There are risks, of course, with this strategy. Trump has long disclaimed responsibility for the violence and judges have repeatedly ruled that despite his lies and moral responsibility, he never explicitly told rioters to break the law.

politico.com/news/2023/11/0…
But Smith plans to show at trial that Trump’s knowledge of the riot while it was ongoing — his stoking of an angry crowd and his post-Jan 6 whitewashing of its conduct — proves he intended to use the mob’s chaos to advance his conspiracies to stay in power
politico.com/news/2023/11/0…
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More from @kyledcheney

Kyle Cheney Profile picture
Nov 10
BREAKING: Judge Cannon will NOT delay Donald Trump's May 20 trial date at this time — but will reconsider schedule on March 1 after more negotiation over classified discovery. Image
Cannon says due process requires giving Trump more time to review discovery but will maintain the trial date for now "balanced against the public's right to a speedy trial." documentcloud.org/documents/2415…
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MORE: Cannon notes that Trump's other criminal proceedings add to complexity of Trump's ability to prepare for his Florida trial, though she describes that element as "less important at this stage."

Here is revised pretrial schedule. documentcloud.org/documents/2415…

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Read 4 tweets
Kyle Cheney Profile picture
Nov 6
JUST IN: Prosecutors have filed their motion opopsing Trump's attempt to dismiss his DC charges. on constitutional grounds.

"The defendant stands alone in American history for his alleged crimes." s3.documentcloud.org/documents/2412…
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Trump's argument that because his efforts to overturn the election didn't succeed is akin to saying prospective bank robbers caught en route to the bank couldn't be charged with conspiracy, Smith's team argues. s3.documentcloud.org/documents/2412…
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NOTABLE: Smith argues that even if Trump could show he genuinely believed the election was stolen it has no bearing on his criminality because he still used "fraud and deceit to remedy what he perceived to be a wrong." s3.documentcloud.org/documents/2412…
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Read 12 tweets
Kyle Cheney Profile picture
Nov 3
Now on the stand in Trump civil trial to stay on Colorado ballot: Tim HEAPHY, chief investigator for the Jan. 6 select committee.

This will be the first chance I'm aware of for Trump lawyers to cross-examine a Jan. 6 staffer under oath.
A couple committee lawyers (Kristin Amerling, Daniel George) testified in the contempt trials of Peter Navarro and Steve Bannon, but the topics of their testimony were much more limited.
HEAPHY says claims of "doctored" Jan. 6 evidence are nonsense. There were two allegations:

1) They put a period at the end of a screenshotted text message instead of an ellipsis
2) They dubbed silent Capitol security video with contemporanous police radio transmissions
Read 6 tweets
Kyle Cheney Profile picture
Nov 2
HAPPENING NOW: The judge in John Eastman's disbarment trial has made a "preliminary finding of culpability" and will now take "aggravation" testimony about what his punishment should be.
NEW: John Eastman said his disbarment proceedings have not dissuaded but "strengthened" his belief the 2020 election was marred by fraud — and he said he never considered his Jan. 6 rally speech might inflame the crowd. Image
Eastman's remarks came at the end of a remarkable six month proceeding in which the conservative attorney — under indictment in Georgia — testified at length about his thought process as he engineered a bid for Trump to remain in office. politico.com/news/2023/11/0…
Read 4 tweets
Kyle Cheney Profile picture
Oct 29
BREAKING: Judge Chutkan has denied Donald Trump’s motion to stay her gag order and lifted the temporary hold she placed on it. Details TK.
There is an opinion attached to this order but — surprise! — PACER is down, so the nuances are not clear yet. If anyone accesses it, let us know! Image
NEW: Trump's federal gag order is back online. At some point, we'll know why Chutkan ruled the way she did, but her opinion on it is still stuck in PACER purgatory.

Would be surprised if it doesn't turn on his comments about Meadows.

w/ @joshgerstein

politico.com/news/2023/10/2…
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Read 10 tweets
Kyle Cheney Profile picture
Oct 27
CBS' Catherine Herridge is about to be held in contempt for declining to reveal the source behind a Fox News story that accused a Chinese American scientist of having improper ties to the Chinese military.

Important First Amendment coliision.

Earlier:
politico.com/news/2023/05/3…
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Judge Christopher Cooper has ruled that despite press freedom concerns, precedent requires a reporter to divulge a source when a litigant with a legitimate case has explored every other avenue for getting the information. The scientist, Yanping Chen, has spent 5 years trying.
Herridge, who is being repped by former White House lawyer Pat Philbin, has been fighting the subpoena for her testimony and apparently refused to disclose her source in a recent deposition. Contempt filings are imminent, and Cooper says it's possible the source will release her
Read 5 tweets

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