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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
Mar 5
JUST IN: A trove of emails posted tonight in court reveal the utter chaos unleashed at the CFPB after Acting Director Russ Vought ordered a total work stoppage on Feb. 10. Mass cancelation of contracts soon followed. documentcloud.org/documents/2555…Image
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The order set off panic and confusion among staff with legally required responsibilities -- they warned that complaints were being ignored despite laws requiring them to advance and records were at risk of deletion depsite legal obligations to retain them . Image
The emails then show that after a lawsuit was filed describing the potential illegality of the stoppage, Vought's top allies at CFPB scrambled to restart legally required work and unfreeze contracts Image
Read 8 tweets
Kyle Cheney Profile picture
Mar 4
NEW: The Justice Department has spent the last week arguing that Donald Trump’s pardon for Jan. 6 defendants covers totally unrelated crimes — from possessing guns to grenades to classified info.

Four federal courts are pushing back.

politico.com/news/2025/03/0…Image
The courts are particularly curious about DOJ’s abrupt reversal. In mid-February, prosecutors forcefully rejected the notion that Trump’s pardon covered non-J6 crimes. Within days, they reversed course.

politico.com/news/2025/03/0…Image
Image
DOJ’s position is that Trump intended to pardon J6ers:

-Jeremy Brown: Convicted for illegally possessing grenades, guns and classified info
-Benjamin Martin: Convicted for possessing guns despite history of domestic violence
-Elias Costianes: Convicted for possession of guns
-Dan Wilson: Convicted for possession of guns

But NOT to pardon J6ers:

-David Daniel for possession of child pornography
-Edward Kelley for conspiring to kill his investigators
-Taylor Taranto for threat-related charges

Courts are confused about how the language of Trump’s broad pardon leads to this result and what role they have in interpreting it.

politico.com/news/2025/03/0…
Read 4 tweets
Kyle Cheney Profile picture
Feb 22
🧵CUTTING ROOM FLOOR from the return of prominent J6 defendants to the Capitol, shortly before Enrique Tarrio’s arrest on a simple assault charge.

It started at the base of the west front Image
The group included: Stewart Rhodes, founder of the Oath Keepers, who had been sentenced to 18 years in prison for seditious conspiracy Image
There were Joe Biggs and Ethan Nordean, who led 100s of Proud Boys to the Capitol on Jan. 6 and were imprisoned for 17-18 years until Trump committed their sentences Image
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Read 17 tweets
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

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