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Kyle Cheney Profile picture
@kyledcheney
Jan 6, 2024 • 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
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
Image
Read 6 tweets
Kyle Cheney Profile picture
Aug 5
NEW: Donald Trump may be off the hook for his alleged crimes, but his allies are still facing charges in five states — including a case against fake electors that goes before Nevada's Supreme Court tomorrow

A look at the zombie cases and what comes next. politico.com/news/2025/08/0…Image
In Arizona, where Trump allies like Mark Meadows, Rudy Giuliani and John Eastman still face prosecution, AG Kris Mayes is fighting to salvage her grand jury indictment or else go back to the drawing board.

An appeals court is likely to rule in late summer
politico.com/news/2025/08/0…Image
In Georgia, Trump is still technically a defendant but is unlikely to ever see the inside of a courtroom. The case is also a trainwreck, frozen by questions about prosecutorial misconduct that must be resolved even before thorny are resolved. politico.com/news/2025/08/0…Image
Read 6 tweets

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