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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 21
HAPPENING NOW: Judge Boasberg has taken the bench as he weighs whether to vacate his restraining order on deportations under the Alien Enemies Act.
Boasberg comes in hot: Wants to know why the lawyer who originally argued the case didn't show up to hearing Monday. He says the filings since have used "the kind of intemperate and disrespectful language I’m not used to hearing from the United States."
DOJ lawyer Drew Ensign says he believed Boasberg intended the planes to be turned around when he issued his oral order in court over the wekend: "I understood the intent that you meant that to be effective at that time."

DOJ has since said they didn't view it that way.
Read 12 tweets
Kyle Cheney Profile picture
Mar 20
BREAKING: A federal judge in Maryland has just barred DOGE from accessing Social Security systems, saying the group is on a "fishing expedition" that jeopardizes people's personal data.

storage.courtlistener.com/recap/gov.usco…Image
NEW: Judge Hollander ruled that DOGE was granted unusual access to non-anonymized social security data and could not identify any basis for that degree of access.

She wants access limited, installed software removed and data taken out of SSA destroyed.

politico.com/news/2025/03/2…Image
MORE: Judge Hollander called it ironic that DOGE demanded anonymity for their staffers but “did not appear to share a privacy concern” for people whose data could be exposed at Social Security. politico.com/news/2025/03/2…Image
Read 4 tweets
Kyle Cheney Profile picture
Mar 19
NEWS: An Indian national teaching at Georgetown was arrested by immigration authorities in Rosslyn, Va. Monday.

His lawyers say he's being targeted for his pro-Palestinian views. His U.S. citizen wife's father was a Hamas adviser.

w/ @joshgerstein

politico.com/news/2025/03/1…
Badar Khan Suri has not been charged with any crime, but his lawyer says DHS whisked him to detention Monday night. He's since been trasnferred to a facility in Louisiana. His lawyer compares Suri's plight to Mahmoud Khalil.

politico.com/news/2025/03/1…Image
We came across the case earlier today on the federal docket in Va., but the habeas petition was not public. A quick search of Suri's name, though, revealed his Georgetown connection -- as well as numerous articles about his wife, Mapheze Saleh.

politico.com/news/2025/03/1…Image
Read 5 tweets
Kyle Cheney Profile picture
Mar 18
HMMM: So the administration reveals in a new court filing (ordered by Judge Bates) that Amy Gleason was actually hired by HHS as an "expert/consultant" on March 4, just a few days after the White House identified her as the administrator of DOGE. Image
MORE: In an earlier filing, without identifying Gleason by name, HHS identified her as being "detailed" to HHS in February (around time she was IDed as DOGE administrator) They indicate she will remain a DOGE/USDS employee while also working at HHS. storage.courtlistener.com/recap/gov.usco…Image
Importantly, the Trump administration has been identifying Gleason as the administrator in other recent court filings but has not noted she is dual hatted at HHS, which might … limit her bandwidth to run the whole DOGE operation.
Read 7 tweets
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

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