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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
Sep 10
LAWSUIT INCOMING: FBI leaders fired by Director Kash Patel — including Brian Driscoll and Steve Jensen — have filed some kind of action against the Patel and the bureau. Details TK Image
UPDATE: In the lawsuit, three senior FBI officials fired by Kash Patel say Patel informed them that he was instructed to "fire anyone" who worked on any investigation related to Trump. And said his own job depended on carrying out the firings. storage.courtlistener.com/recap/gov.usco…Image
The FBI officials say Patel informed Driscoll that his vetting for FBI leaderhsip woudl be fine, so long as he hadn't donated to Dems or voted for Kamala Harris. storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets
Kyle Cheney Profile picture
Aug 31
BREAKING: A federal judge has *blocked* the Trump administration from abruptly deporting 600 unaccompanied Guatemalan children — perhaps within a matter of hours — granting an emergency restraining order after advocates called the plan illegal + dangerous. storage.courtlistener.com/recap/gov.usco…Image
NEW: Judge Sooknanan acted quickly to block as many as 600 Guatemalan children from being deported by the Trump administration without due process. A judge in Illinois took a similar step for 4 children whose lawyers sued Saturday.

w/ @joshgerstein
politico.com/news/2025/08/3…Image
@joshgerstein MORE: This is reminiscent of the emergency fight over Alien Enemies Act — an overnight lawsuit alleging abrupt deportations and violation of due process, quick restraining order by a judge, hearing set for the afternoon.

We'll learn more at 3pm. politico.com/news/2025/08/3…
Read 14 tweets
Kyle Cheney Profile picture
Aug 25
HAPPENING NOW: Judge Xinis is leaning toward issuing another restraining order to block Kilmar Abrego Garcia's immediate deportation to Uganda at least through this week — she wants an evidentiary hearing on Friday.
XINIS says law may require Abrego's deportation to his country of choice, given that Costa Rica has indicated a willingness to accept him, give him refugee status and vow not to re-deport him to El Salvador.

Uganda, where administration plans to send him, has made no promises.
XINIS emphasizes that she has serious concerns about the claim that DOJ pressured Abrego into a guilty plea by offering him deportation to Costa Rica — and threatening deportation to Uganda if he refused.

DOJ's Drew Ensign says Abrego's deportation is not "imminent," given pace of third-country removals.
Read 7 tweets
Kyle Cheney Profile picture
Aug 15
AND WE'RE UNDERWAY: Judge Reyes has taken the bench to consider DC's emergency bid to block Trump's takeover of the city's police department.
REYES notes the attack on DOGE employee Ed Coristine and the prior claim by Trump + allies that crime in DC has been significantly down this year before deciding there was a national emergency.

But she says she will assume, for today, that the emergency claim is legit.
Arguing for DOJ: Yaakov Roth, principal deputy assistant attorney general of the Civil Division.
Read 10 tweets
Kyle Cheney Profile picture
Aug 11
HAPPENING NOW: President Trump's deployment of the military into L.A. is on trial before Judge Breyer, who will decide whether the effort violates the Posse Comitatus Act.

First witness: Army Deputy Chief of Staff William Harrington.
Lawer for Newsom now underscoring that leaders of the federalized National Guard troops were generally trained to be aware of Posse Comitatus Act and the strict limits it puts on their domestic law enforcement activity.
Newsom's lawyers now eliciting testimony about all of the operations Guard troops participated in during deployment in LA, including 2 against marijuana farms in Mecca and Camarillo

Also, Harrington confirms HEGSETH directly approved guard role in operation in MacArthur Park.
Read 7 tweets
Kyle Cheney Profile picture
Aug 11
BREAKING: Judge Engelmeyer has *denied* the Trump administration’s bid to unseal Jeffrey Epstein grand jury material. storage.courtlistener.com/recap/gov.usco…Image
ENGELMEYER says the Trump administration’s claim that they wanted to release the Epstein grand jury records to shed new light on the case is “demonstrably false.” storage.courtlistener.com/recap/gov.usco…Image
MORE: Engelmeyer says he reviewed the grand jury material and confirmed there is virtually nothing in it that isn’t public already. It would “not reveal new information of any consequence.” storage.courtlistener.com/recap/gov.usco…Image
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Read 6 tweets

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