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Kyle Cheney Profile picture
@kyledcheney
Jan 6 • 3 tweets • 1 min read • Read on X
Don't look now but there's a real dispute emerging among judges in DC about one of the staple charges against nearly every Jan. 6 defendant: Entering and remaining in a restricted building.

Tonight, Judge Cooper acquitted a Jan. 6 defendant of two counts, saying DOJ fell short. Image
The heart of the dispute: Does DOJ need to show that rioters *knew* Mike Pence (or another USSS protectee) was/would be present to prove someone violated he law. Until recently, judges had all agreed that wasn't necessary.

Cooper's opinion: ecf.dcd.uscourts.gov/cgi-bin/show_p…
Cooper (Obama) joins Judges Nichols (Trump) and Lamberth (Reagan) in taking this narrower view of the 18 USC 1752 charges, a misdemeanor that has been leveled against 1,186 of the 1,260-ish Jan. 6 defendants.

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More from @kyledcheney

Kyle Cheney Profile picture
Nov 15
NEW: Few people have been more integrally linked to Donald Trump’s Jan. 6 gambit than Matt Gaetz.

Now, a man who has done as much as anyone to rewrite the history of that effort, could lead the prosecutors who have called it a stain on our democracy. politico.com/news/2024/11/1…Image
Before Jan. 6, Gaetz fomented false claims of voter fraud, then joined strategy sessions with Trump and other GOP lawmakers about overturning the election. He was in a meeting with Pence before Jan. 6. politico.com/news/2024/11/1…Image
GAETZ would later ask repeatedly for a pardon, one Eric Herschmann described as so broad and unbounded it would be unworkable. politico.com/news/2024/11/1…Image
Image
Read 7 tweets
Kyle Cheney Profile picture
Nov 7
NEW: Trump's election means DOJ suddenly has just two months to round out its massive manhunt for Jan. 6 defendants.

Hundreds are likely to escape charges (even before pardons are issued).

politico.com/news/2024/11/0…Image
Already, DOJ was goin to struggle to charge the roughly 2,500-3,000 people estimated to be susceptible to charges by a Jan. 6, 2025 statute of limitations.

Trump's election has shortened that window by a year. politico.com/news/2024/11/0…Image
MORE: For now, DOJ appears poisted to press forward with new cases through Inauguration Day. It's prompting alarm from some Jan. 6 defendants who are urging Trump to call on the department to press pause *today.* politico.com/news/2024/11/0…Image
Read 4 tweets
Kyle Cheney Profile picture
Nov 5
HAPPENING NOW: A federal judge in Georgia has thrown out the RNC's claim that Georgia counties broke the law by accepting absentee ballots over the weekend.

The judge says their complaint lacked a "basic level of statutory review and reading comprehension." Details TK
The judge says the RNC's argument that the counties somehow prevented poll watchers from being present during weekend hours is a "red herring" and that some of these counties have done this perfectly legal and well known process for years.
WOW: Judge Baker shreds the RNC for what he says was a cynical attempt to invalidate votes only in Democratic counties even though other counties were able to use the same procedures. Doing what the party wanted would violate state law, the constitution and "my oath," Baker said.
Read 6 tweets
Kyle Cheney Profile picture
Oct 25
👀 The 5th Circuit just ruled that ballots must be received by Election Day and state laws allowing them to arrive later are preempted by federal law. Image
IMPORTANT: Though the circuit decision *could* theoretically impact this election cycle significantly, the panel left the decision on whether to apply it to this election cycle up to the district court judge who initally ruled the other way. Image
READ the full 22-page opinion from the 5th Circuit: documentcloud.org/documents/2525…
Read 4 tweets
Kyle Cheney Profile picture
Oct 23
NEW: A judge threatened to order Merrick Garland and Jim Jordan into her courtroom next week if the House and DOJ couldn't resolve a subpoena dispute related to Hunter Biden.

The ultimatum led the House to back off — likely for good.

w/ @joshgerstein
politico.com/news/2024/10/2…Image
"Don't test me on this...I'm not bluffing," Judge Reyes, a Biden appointee warned the House and DOJ about her threat to force Garland/Jordan to attend court next week.

The fight is over a House subpoena to 2 DOJ line attorneys involved in Hunter probe. politico.com/news/2024/10/2…Image
NOTABLE: Reyes trapped House counsel Matthew Berry into appearing to concede that Jim Jordan's public reasons for blowing of the Jan. 6 committee's subpoena were not acceptable. politico.com/news/2024/10/2…Image
Read 4 tweets
Kyle Cheney Profile picture
Oct 22
BREAKING: The Georgia Supreme Court has unanimously denied the an effort to quickly reinstate controversial rule changes approved by the State Election Board. Image
Unclear at the moment whether the court may still decide to order an expedited review of the appeal, but for now this keeps the Georgia state board's rules on hold. Awaiting clarity/paper on the decision.
UPDATE: The Georgia State Election Board's most controversial rules are dead for this election cycle. The state Supreme Court won't consider the matter until after the cycle is over, rejecting the RNC's bid for expedited review.
Read 4 tweets

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