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Kyle Cheney Profile picture
@kyledcheney
Dec 2, 2023 • 8 tweets • 4 min read • Read on X
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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
Jan 26
HAPPENING NOW: Minnesota v. Noem hearing is underway before Judge Menendez, who will weigh whether to order an end to Operation Metro Surge. AG Keith Ellison is at counsel table for the state.
Lawyer for the state, Lindsey Middlecamp, begins by demanding immediate end to "unlawful and unchecked invasion" by federal agents. She cites the Alex Pretti killing and says things are escalating, not improving.
Middlecamp says AG Bondi's letter to the state amounted to a "ransom note" and that messages from her and President Trump amounted to an unconstitutional attempt to coerce the state to change its policies.
Read 16 tweets
Kyle Cheney Profile picture
Jan 25
Since July, I've tracked at least 2,300 cases in which federal judges have ruled ICE has illegally detained people without bond or due process.

This is one that stands out:
storage.courtlistener.com/recap/gov.usco…Image
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Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…Image
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Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…Image
Read 15 tweets
Kyle Cheney Profile picture
Jan 15
HAPPENING NOW; Judge Young is picking up where he left off in his remarkable opinion describing an unconstitutional scheme to arrest/deport pro-Palestinian activists in violation of their constitutional rights:

"There was no policy here. What happened here is an unconstitutional conspiracy to pick off certain people, to twist the laws."

"Two cabinet secretaries conspired ... they intentionally, knowing what they were doing, counseled by professionals who cautioned them, nevertheless went ahead to pick off these people with the intention that your clients would be chilled. And did so rather effectively, by the way."
YOUNG: "The big problem in this case is that the cabinet secretaries and ostensibly the president of the United States are not honoring the First Amendment."
YOUNG, speaking of Secretary Rubio and Secretary Noem: "These cabinet secretaries have failed in their duty to uphold the constitution."
Read 4 tweets
Kyle Cheney Profile picture
Jan 13
HAPPENING NOW: In federal court in MN, DOJ is struggling to articulate why a person following an ICE vehicle — so long as they are obeying traffic laws — can be stopped for "reasonable suspicion" of a crime.

Judge Menendez sharply questioning that contention.
Judge Menendez has not tipped her hand entirely yet but she seems concerned that DOJ provided no firsthand evidence to counter the specific, evidence-backed claims by protesters that they were arrested / seized in retaliation for First Amendment speech.
Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat.
Read 6 tweets
Kyle Cheney Profile picture
Jan 11
BREAKING: A day after the Minneapolis shooting, Secretary Noem quietly signed a new policy barring congressional visits to ICE facilities without a week's advance notice.

s3.documentcloud.org/documents/2646…Image
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NEW: ICE's renewed block on unannounced congressional vists comes a month after a judge struck down a similar policy.

But the new version is tailored to sidestep that ruling by relying only on funds from the "One Big Beautiful Bill Act."

politico.com/news/2026/01/1…
Judge COBB's original ruling did concede that if DHS used only One Big Beautiful Bill Act funds to manage lawmaker visits, her ruling might change.

But the timing of Noem's new policy is notable: one day after Renee Good's death roiled the nation. politico.com/news/2026/01/1…Image
Read 5 tweets
Kyle Cheney Profile picture
Jan 6
JUST IN: DOJ says it has finished reviewing *less than 1%* of the Epstein Files for potential release.

Only 12,285 documents have been released while more than 2 million remain under review.

storage.courtlistener.com/recap/gov.usco…Image
MORE: DOJ says the batch of 1 million documents it recently unearthed appear to be largely duplicative "but nonetheless still need to undergo a process of processing and deduplication." storage.courtlistener.com/recap/gov.usco…Image
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NEW: DOJ says it's barely scratched the surface of the massive trove of Epstein Files, with millions of documents still being reviewed for release even with hundreds of lawyers working on it full-time.

Less than 1% of the files have come out so far.

politico.com/news/2026/01/0…
Read 4 tweets

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