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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
Mar 13
HAPPENING NOW: A judge is sounding off on the Trump administration over effort to mass fire probationary employees, says decision not to submit OPM director Chad Ezell to questioning hide the truth about it.

"That’s a sham," he says, suggesting he might order mass rehiring.
Judge Alsup says he's feeling "misled by the U.S. government" over a representation that fired employees had recourse via MSPB, but now notes that President Trump fired the special counsel and attempted to remove a board member of MSPB, depriving it of quorum.
ALSUP: “It is sad, a sad day, when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie.”
Read 5 tweets
Kyle Cheney Profile picture
Mar 12
HAPPENING NOW: Judge Reyes has kicked off a crucial hearing President Trump's effort to ban transgender people from serving in the military. She is beginning by pressing DOJ lawyer on the changes in military policy toward transgender people beginning in 2017.
REYES now wondering how the government intends to define people who "exhibit symptoms of gender dysphoria," which could include all sorts of things -- like depression. "This seems like it opens up the entire scope to basically anything."

DOJ says there is no guidance on this yet
REYES notes that SecDef Hegseth RTed "Transgender troops are disqualified from service without an exemption."

DOJ trying to argue that Hegseth was using "shorthand" and didn't mean it that way. Reyes not buying it: "Explain to me why i should ignore that?"
Read 9 tweets
Kyle Cheney Profile picture
Mar 5
JUST IN: A trove of emails posted tonight in court reveal the utter chaos unleashed at the CFPB after Acting Director Russ Vought ordered a total work stoppage on Feb. 10. Mass cancelation of contracts soon followed. documentcloud.org/documents/2555…Image
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The order set off panic and confusion among staff with legally required responsibilities -- they warned that complaints were being ignored despite laws requiring them to advance and records were at risk of deletion depsite legal obligations to retain them . Image
The emails then show that after a lawsuit was filed describing the potential illegality of the stoppage, Vought's top allies at CFPB scrambled to restart legally required work and unfreeze contracts Image
Read 8 tweets
Kyle Cheney Profile picture
Mar 4
NEW: The Justice Department has spent the last week arguing that Donald Trump’s pardon for Jan. 6 defendants covers totally unrelated crimes — from possessing guns to grenades to classified info.

Four federal courts are pushing back.

politico.com/news/2025/03/0…Image
The courts are particularly curious about DOJ’s abrupt reversal. In mid-February, prosecutors forcefully rejected the notion that Trump’s pardon covered non-J6 crimes. Within days, they reversed course.

politico.com/news/2025/03/0…Image
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DOJ’s position is that Trump intended to pardon J6ers:

-Jeremy Brown: Convicted for illegally possessing grenades, guns and classified info
-Benjamin Martin: Convicted for possessing guns despite history of domestic violence
-Elias Costianes: Convicted for possession of guns
-Dan Wilson: Convicted for possession of guns

But NOT to pardon J6ers:

-David Daniel for possession of child pornography
-Edward Kelley for conspiring to kill his investigators
-Taylor Taranto for threat-related charges

Courts are confused about how the language of Trump’s broad pardon leads to this result and what role they have in interpreting it.

politico.com/news/2025/03/0…
Read 4 tweets
Kyle Cheney Profile picture
Feb 22
🧵CUTTING ROOM FLOOR from the return of prominent J6 defendants to the Capitol, shortly before Enrique Tarrio’s arrest on a simple assault charge.

It started at the base of the west front Image
The group included: Stewart Rhodes, founder of the Oath Keepers, who had been sentenced to 18 years in prison for seditious conspiracy Image
There were Joe Biggs and Ethan Nordean, who led 100s of Proud Boys to the Capitol on Jan. 6 and were imprisoned for 17-18 years until Trump committed their sentences Image
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Read 17 tweets
Kyle Cheney Profile picture
Feb 21
BREAKING: USCP is arresting Enrique Tarrio for swiping his hand at a counterprotester who got in his face. Image
Tarrio had just left a press conference at the Capitol with dozens of pardoned Jan. 6 defendants announcing plans to sue DOJ. He was exchanging info with a photographer when the incident occurred. Image
Here’s the group just before the press conference, which drew a small number of (loud) counterprotesters Image
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Read 4 tweets

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