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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
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
Kyle Cheney Profile picture
Oct 20
NEW: Could a defeated Donald Trump subvert the 2024 election?

The answer: Yes, BUT the path is far narrower, even more extreme and would require an enormous amount of help from GOP power brokers — who first need to win their own elections.

Our deep dive: politico.com/news/magazine/…Image
Image
We talked to dozens of experts, election officials, legislators, etc. They all agree Trump’s path starts with what he’s already doing — sowing deep distrust about election integrity. That’s the precondition for leveraging Rs in statehouses and Congress. politico.com/news/magazine/…Image
Image
But Trump isn’t president. He doesn’t have the military or DOJ to wield to this end. And the updated Electoral Count Act has, on paper, foreclosed most routes to subversion. Thats why he would need congressional Rs to embrace fringe legal theories to sidestep the laws. politico.com/news/magazine/…Image
Read 11 tweets
Kyle Cheney Profile picture
Oct 18
OK this is a new thing. Jack Smith relied on the Jan. 6 committee's interview with Trump's White Hous valet. House Republicans released this transcript earlier this year, but it was significantly redacted.

Smith's excerpt includes portions that were previously unreleased. Image
Image
The valet describes getting Trump a Diet Coke while he got positioned to watch footage of his speech and the riot. The reason it seems like the House GOP version was redacted? The valet appears to be reviewing timestamped photos of his interactions with Trump.
This is in volume 1 of Smith's filing: storage.courtlistener.com/recap/gov.usco…
Read 7 tweets
Kyle Cheney Profile picture
Oct 18
HAPPENING NOW: Judge Chutkan has just ordered Jack Smith's evidence docketed publicly. Should go live any moment.
This seems like it could be voluminous, though it's unclear how much is redacted. Image
It's a lot of pages, still unclear how much is redacted or already publicly available. Image
Read 5 tweets

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