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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
Nov 13
NEW: A week before Donald Trump surged past Hillary Clinton to win the presidency, author Michael Wolff approached Jeffrey Epstein with a proposal to "finish" Trump's candidacy.

"Interested?" Wolff wrote.

Epstein, apparently, declined.

w/ @eorden

politico.com/news/2025/11/1…Image
MORE: The emails released by Congress reveal Epstein's vast connections -- and how he used them to track and influence Trump's orbit during his first term.

Epstein's contacst included:
-Larry Summers
-Peter Thiel
-Ken Starr
-Tom Barrack
-Tom Pritzker
politico.com/news/2025/11/1…Image
Epstein routinely opined to associates about Trump's policy moves , he advised foreign dignitaries and business leaders about Trump and he even tracked Trump's Air Force One travel (to avoid conflicts with his own frequent flights from S. Florida .politico.com/news/2025/11/1…
Read 4 tweets
Kyle Cheney Profile picture
Nov 12
The emails released today shed new light on Epstein's vast influence network — foreign leaders, political bosses, billionaire executives, journalists, government officials — and how he used them to track and affect Trump's first term.

Some of the exchanges are extraordinary...
NEW: Jeffrey Epstein said in emails that he had been advising the Russian government on how to deal with Donald Trump, one of several cases in which he wielded his connections to try to influence the course of foreign affairs. w @nahaltoosi

politico.com/news/2025/11/1…Image
@nahaltoosi In other emails, Epstein described his relationships with foreign leaders, advised Steve Bannon on how to increase his influence in Europe and offered his (mostly, but not entirely, dim) assesment of Trump to those who asked. politico.com/news/2025/11/1…
Read 5 tweets
Kyle Cheney Profile picture
Nov 12
Judge Murphy cites to my Oct. 31 story about the extraordinary, one-sided rebuke judges have given to the Trump administration's policy of mass detention for immigrants facing deportation proceedings: more than 100 judges had ruled against the administration in around 200 cases.

The stats from two weeks ago included judicial rejections from :
-Biden appointees (50)
-Obama appointees (31)
-Trump appointees (12)
-George W. Bush appointees (12)
-Clinton appointees (6)
-Reagan appointees (2)

Compared to two judges who sided with the administration:

-Obama appointee (1)
-Trump appointee (1)

However...

storage.courtlistener.com/recap/gov.usco…Image
In the last two weeks, the number has skyrocketed in similarly lopsided ways. The current count, as of yesterday:

140 judges have now rejected the administration's policy of mass detention without bond — in at least 335 cases. The updated states, by my count:

Biden appointees: 60
Obama appointees: 38
George W. Bush appointees: 14
Trump appointees: 14
Clinton appointees: 10
Reagan appointees: 2
George H.W. Bush appointees: 2

Five judges have now sided with the administration

Obama appointees: 1
Trump appointees 4
No appeals court has weighed in yet, which led one judge to plead that litigants seek a higher court's judgment. storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets
Kyle Cheney Profile picture
Oct 29
NEW: Two federal prosecutors who characterized the Jan. 6 attack as a "mob of rioters" were placed on leave this morning.

Confirming @kfaulders
@alex_mallin

politico.com/news/2025/10/2…Image
The sentencing memo by Carlos Valdivia and Samuel White noted that Taylor Taranto, pardoned by Trump but facing sentencing for other crimes, spread "conspiracy theories" about the attack. It also noted that Taranto stalked Barack Obama's neighborhood after Trump posted (and Taranto reposted) his address on Truth Social. politico.com/news/2025/10/2…Image
UPDATE: The original sentencing memo has been removed from the court docket, an unusual maneuver as new prosecutors take over the case.
politico.com/news/2025/10/2…
Read 4 tweets
Kyle Cheney Profile picture
Oct 6
BREAKING: Judge Immergut has called a 10PM (ET) hearing on Trump's effort to circumvent her National Guard order by calling up California troops.
NEW: Judge Immergut could quickly halt Trump's deployment of CA guard troops to Portland, a workaround that tested her warning that Trump's initial callup was illegal and based on false claims about the unrest facing ICE.

w/ @joshgerstein @jonesblakej

politico.com/news/2025/10/0…
@joshgerstein @jonesblakej UPDATE: Hegseth today called up 400 members of the Texas National Guard, with Gov. Abbott's apparent permission, to be deployed "where needed, including in the cities of Portland and Chicago." politico.com/news/2025/10/0…Image
Read 7 tweets
Kyle Cheney Profile picture
Oct 4
BREAKING: A federal judge has granted a restraining order blocking President Trump's call-up of the National Guard in Portland.

storage.courtlistener.com/recap/gov.usco…Image
Judge IMMERGUT, a Trump appointee to the bench, ruled that Trump's call-up was based on false claims about unrest in Portland and that Trump's own statements were "simply untethered to the facts." storage.courtlistener.com/recap/gov.usco…Image
MORE: Immergut issued a stark warning that the efforts by Trump to make a bad-faith justification to call up the guard risked plunging the country into a form of unconstitutional military rule.

storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets

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