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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
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
Image
Read 4 tweets
Kyle Cheney Profile picture
Feb 18
JUST IN: Another medical horror story in a court affidavit from a USAID employee stationed overseas. Says his pregnant wife was not medevac-ed for emergency health care because of directives from Washington. Took intervention of a U.S. senator to reverse — but was too late. Image
Image
The employee, identified only as Terry Doe, says he’s been in touch with 25 other pregnant foreign service officers who are fearful their care will be cut off if the agency closes down completely on March 8. Image
Full affidavit from "Terry Doe" here: s3.documentcloud.org/documents/2553…
Read 4 tweets
Kyle Cheney Profile picture
Feb 14
WOW: Judge Reyes just absolutely tore into the lawyers for the fired IGs, saying they waited 21 days to file suit and then demanded emergency same-day relief.

She forced them to withdraw their TRO motion and threatened them with sanctions.
Reyes was livid that the lawyers for the IGs compared their case to the recently decided case of fired ethics watchdog Hampton Dellinger. She pointed out why those cases are nothing alike and wondered why the IGs would even try to compare them.
MORE: When Reyes asked DOJ if they wanted to weigh in the attorney, having just watched the obliteration of his adversary, meekly replied, "Um, ah, nothing from the government." Smart move.
Read 5 tweets
Kyle Cheney Profile picture
Feb 14
HAPPENING NOW: Judge Chutkan is holding a hearing on state AGs' effort to stop Elon Musk and DOGE's entire government operation.

Lawyer for NM says Musk is a "literal wrecking ball"

Chutkan is skeptical of urgency of an immediate restraining order.
Chutkan is not buying the demand for extraordinary emergency relief. The states might have a case, she says, but not necessarily for an immediate restraiing order.

The states say Musk likes to work the weekend so he might cause harm this weeknd. Chutkan says that's not enough.
Chutkan's main issue is the breadth of what states are asking for. She says she understands states concerns given the "unpredctability" and pace of DOGE's actions. But a TRO against Musk and everything he does seems too broad, she says.
Read 4 tweets
Kyle Cheney Profile picture
Feb 10
WHILE YOU WERE SLEEPING (again): The Justice Department asked a court to urgently “dissolve” or “modify/clarify” the sweeping order that blocks Musk allies — and political leadership in Treasury from accessing the government’s massive payment system. storage.courtlistener.com/recap/gov.usco… x.com/kyledcheney/st…
The order describes Judge Engelmayer’s original block as an “impermissible” incursion on the Executive Branch and an “anti-constitutional” move that damages Treasury leadership’s ability to do its job. Image
NOTABLE: The Trump admin is already negotiating with the states who filed the lawsuit to narrow the order. And the judge currently presiding over the case has ordered this to move lightning fast. Image
Read 7 tweets
Kyle Cheney Profile picture
Feb 8
BREAKING: Judge Nichols has issued his written order formalizing his decision to block the Trump administration from putting 2,200 USAID workers on leave tonight.

He also orders the reinstatement of 500 workers previously put on leave. s3.documentcloud.org/documents/2551…
Nichols also has blocked the expedited "repatriation" of 1,400 foreign service officers ordered as part of the dismantling of USAID. politico.com/news/2025/02/0…Image
NICHOLS: "Administrative leave in Syria is not the same as administrative leave in Bethesda."

politico.com/news/2025/02/0…Image
Read 6 tweets

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