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Kyle Cheney Profile picture
@kyledcheney
Dec 2, 2023 • 8 tweets • 4 min read • Read on X
BREAKING: Judge CHUTKAN has *denied* Trump's motion to dismiss his criminal charges based on a claim of "presidential immunity. ecf.dcd.uscourts.gov/cgi-bin/show_p…
"Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens." ecf.dcd.uscourts.gov/cgi-bin/show_p…
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Trump's charges in the Washington D.C. case do not violate the First Amendment because "it is well established that the First Amendment does not protect speech that is used as an instrument of a crime," Chutkan rules.

ecf.dcd.uscourts.gov/cgi-bin/show_p…
NEWS: The constitution does *not* preclude Trump from being prosecuted for trying to subvert the 2020 election, Judge Chutkan rules. In fact, the charges he's facing are precisely the kind George Washington warned of, she says.

politico.com/news/2023/12/0…
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Chutkan has now developed something of a habit of telling Donald Trump he is not a king, as she did in her ruling granting the Jan. 6 committee access to his White House records from NARA. politico.com/news/2023/12/0…
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This ruling is certain to be appealed and all but certain to reach the Supreme Court. It's the most difficult test of Jack SMith's D.C. indictment and will likely determine whether Trump faces trial at all ahead of the 2024 election.

politico.com/news/2023/12/0…
Chutkan twice cited the hours-old appeals court decision finding Trump can be sued for claims that his Jan. 6 speech at the Ellipse incited violence at the Capitol.

politico.com/news/2023/12/0…
MORE: Chutkan’s relatively swift ruling on this extremely tricky constitutional question is aligned with special counsel Smith’s plea that she act on the immunity question quickly — since it’s one of the few issues Trump can appeal pretrial.

politico.com/news/2023/12/0…

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More from @kyledcheney

Kyle Cheney Profile picture
Apr 25
NEWS: After canceling thousands of foreign students' immigration records — threatening their ability to study and live in the US — the Trump administration has reversed course and restored them all.

It follows intense pushback from courts across the country.

Details TK
ICE had terminated the records of thousands of students from a federal database called SEVIS that tracks their legal status in the country. The effect of those terminations was in dispute, but many students said they had been barred from continuing their studies and were at risk of deportation.

The reason ICE appeared to have canceled their SEVIS records? Minor legal infractions that showed up in criminal history searches — which the law explicitly says is not a basis to deny a foreign student, studying on an F1 visa, their legal status.

Now, after dozens of judges across the country flagged the likely illegality, ICE says it won't do that anymore. politico.com/news/2025/04/2…
By my count, there had been 103 lawsuits filed in the last 20 days, and judges had issued 50 restraining orders requiring the Trump administration to reverse the SEVIS terminations. Those decisions came in more than 23 states and from judges appointed by several presidents, including Trump. politico.com/news/2025/04/2…
Read 4 tweets
Kyle Cheney Profile picture
Apr 24
It is unfathomable that Martin was unaware of the widely publicized allegations about Hale-Cusanelli, who he has interviewed for hours and whose case made national headlines for years after Jan.6.
March 13, 2021: politico.com/news/2021/03/1…
March 23, 2021: politico.com/news/2021/03/2…
Read 4 tweets
Kyle Cheney Profile picture
Apr 18
BUSY NIGHT FOR THE COURTS: Late last night, a federal judge issued a preliminary injunction barring DOGE’s access to sensitive Social Securitt data, saying the government flouted the law to provide unfettered access to DOGE without a reasonable basis. storage.courtlistener.com/recap/gov.usco…Image
ALIEN ENEMIES ACT: The Trump administration filed an emergency motion to block Judge Boasberg’s initiation of contempt proceedings, saying his suggestion of forcing the administration to prosecute itself — or bring back deported Venezuelans — is unconstitutional.” Image
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DISMANTLING CFPB: Judge Amy Berman Jackson has called a 10am hearing on whether the Trump administration violated her order against large-scale dismantling of the agency. She is seeking details of a purported reduction in force and the order to implement it. Image
Read 5 tweets
Kyle Cheney Profile picture
Apr 16
JUST IN: Judge Boasberg finds probable cause to hold administration in contempt of court for defying his order to turn around planes, demands new details in order for officials to “purge” their contempt. Details TK Image
BOASBERG said the evidence shows willful defiance by the Trump administration that amounts to criminal contempt. Full 46-page opinion: ecf.dcd.uscourts.gov/cgi-bin/show_p…Image
Boasberg cites the administration’s gloating after his order was violated, noting the snarky “oppose”tweet from Bukele and how it was amplified by administration officials.: ecf.dcd.uscourts.gov/cgi-bin/show_p…Image
Read 6 tweets
Kyle Cheney Profile picture
Apr 15
DOJ provides no new information on Abrego Garcia but says if he manages to return to the US, they'll detain him and remove him to a different country (not El Salvador) or seek to "terminate" his order of removal and send him back to El Salvador...

which is the lawful process. storage.courtlistener.com/recap/gov.usco…Image
Joseph Mazzara, ICE's general counsel, filed this update with the court. He also is present in court today.
Abrego Garcia's lawyers say there's no evidence the Trump administration has done anything to comply with the order to facilitate his return from El Salvador. They want depositions, interrogatories and documents.
Read 15 tweets
Kyle Cheney Profile picture
Apr 13
JUST IN: The Trump administration says it has "no updates" for Judge Xinis about efforts to facilitate return of Kilmar Abrego Garcia. Reiterates that a judge in 2019 viewed him as a member of MS-13.

storage.courtlistener.com/recap/gov.usco…Image
THERE'S MORE: In a separate filing, the govenrment says its arrangement with El Salvador to house deportees in the notorious CECOT prison is classified. storage.courtlistener.com/recap/gov.usco…Image
NEW: The Trump administration says it has no legal obligation to help Kilmar Abrego Garcia get to the United States. And the details of its arrangement with El Salvador to house U.S. deportees are classified, they say.

w/ @joshgerstein

politico.com/news/2025/04/1…Image
Read 4 tweets

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