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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
Dec 4
HAPPENING NOW: Taylor Taranto, a pardoned Jan. 6 defendant who was convicted for bringing weapons to Obama’s neighborhood, has returned to DC and has been roaming Rep. Jamie Raskin’s neighborhood — alarming police.

Today, DOJ asked a judge to immediately re-jail him.
Taranto lives in WA state but drove across the country in recent weeks. He has filmed ominous videos from the Pentagon parking lot and was wandering Raskin’s Takoma Park area at 2am. DOJ says it’s nearly identical conduct to what he was charged for in 2023.
Judge Nichols, who convicted Taranto in a bench trial earlier this year, is weighing whether to detain him immediately for violating his supervised release conditions.
Read 4 tweets
Kyle Cheney Profile picture
Dec 2
HAPPENING NOW: Rahmullah Lakanwal makes his initial appearance in DC Superior Court, from a hospital bed, on charges for last week's National Guard shooting.
He's being apprised, through an interpreter, of the murder charge against him as well as charges of possessing of a firearm during commission of a violent offense, assault w intent to kill while armed.
Prosecutors are asking the judge to keep Lakanwal detained during pretrial proceedings. Lakanwal, who does appear to be in pain, says he can't open his eyes. His attorney is advising him not to speak.
Read 12 tweets
Kyle Cheney Profile picture
Nov 28
NEW: ICE’s policy of mass detaining immigrants w pending deportation proceedings has led to an avalanche of rejections in court.

More than 220 judges — including 23 Trump appointees — have called it an illegal distortion of long-settled law. politico.com/news/2025/11/2…Image
Those judges have ruled against the administration more than 700 times since ICE implemented its draconian new policy on July 8.

Only 8 judges have side with ICE’s position. politico.com/news/2025/11/2…Image
The cases have surged as ICE reclassified millions who have resided in the United States for years as “arriving aliens” or “applicants for admission” — making them subject to mandatory detention typically meant for those who just crossed the border. politico.com/news/2025/11/2…Image
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Read 7 tweets
Kyle Cheney Profile picture
Nov 24
BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.usco…Image
This applies to the Letitia James indictment as well. Both cases are now dismissed without prejudice. storage.courtlistener.com/recap/gov.usco…
NEWS: The criminal cases against James Comey and Letitia James are gone. A federal judge ruled that the appointment of Lindsey Halligan as the lead prosecutor was illegal.

DOJ could try again, but there are other headwinds.

w/ @joshgerstein

politico.com/news/2025/11/2…Image
Read 5 tweets
Kyle Cheney Profile picture
Nov 21
JUST IN: A federal judge says one of the Venezuelan men — illegally deported to El Salvador in March before he was swapped back to Venezuela in a prisoner exchange — is now missing, possibly a victim of the violence he was seeking asylum from.

storage.courtlistener.com/recap/gov.usco…Image
Judge Stephanie Gallagher, a Trump appointee in MD, says the administration flagrantly and repeatedly defied her orders to provide regular updates about the man’s return. But she stops short of finding contempt bc it was Rubio, who isn’t named in the lawsuit, who was responsible for communicating w El Salvador

storage.courtlistener.com/recap/gov.usco…Image
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More on the man illegally deported in violation of a court-approved settlement politico.com/news/2025/05/0…
Read 5 tweets
Kyle Cheney Profile picture
Nov 19
BREAKING: Prosecutors in the Comey case just told the judge that they’re under orders from the Deputy Attorney Generals’s office not to disclose whether career prosecutors wrote a memo recommending *against* indicting Comey prior to Halligan going to the grand jury.
AUSA Tyler Lemons told Judge Nachmanoff that he hasn’t gotten permission to disclose what could be considered “privileged” or “work product” material. He did say he asked to review and possible declination memo and has seen “drafts.”
NEW: The prosecution of James Comey is hanging by a thread, besieged on all sides by challenges to the legitimacy of the prosecutor, the grand jury process and the motives for bringing the case in the first place.
w/ @joshgerstein

politico.com/news/2025/11/1…
Read 4 tweets

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