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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
Sep 24
Over the weekend, we wrote about how dozens of judges have found ICE's new detention policy — seeking to lock up millions of people facing deportation without a chance for bond — is illegal.

Last night, four more judges added to the growing list: politico.com/news/2025/09/2…
One detainend man has lived in the US for 32 years with no criminal record. Judge Sherriff ordered his release yesterday: storage.courtlistener.com/recap/gov.usco…Image
Judge Boulware found that another man — who does have a criminal history of driving infractions and a DUI — nevertheless should receive a bond hearing rather than mandatory detention, in part because of some extreme factors in his case. storage.courtlistener.com/recap/gov.usco…Image
Read 5 tweets
Kyle Cheney Profile picture
Sep 20
Trump criticizes Pam Bondi for not charging his adversaries quickly enough, in a Truth Social post that looks a lot like a DM. truthsocial.com/@realDonaldTru…Image
Trump reposted the message makes explicit he's referring to Lindsey Halligan, his onetime personal lawyer who now works in the WH. truthsocial.com/@realDonaldTru…Image
Most logical read of this: Trump wants Pam Bondi to name Lindsey Halligan interim U.S. attorney in EDVA so she can charge Letitia James, which he says is a "great case" and that the delay in charging her is hurting his reputation.
Read 5 tweets
Kyle Cheney Profile picture
Sep 20
NEW: In a break from decades of history, the Trump administration has started detaining virtually everyone facing deportation — even if they’ve lived in the U.S. for decades.

Dozens of judges, with increasing alarm, have ruled the policy shift illegal.

politico.com/news/2025/09/2…
At issue is an interpretation of immigration law that requires detention for “applicants for admission” — long interpreted to mean people who are trying to come into the U.S.

Those already in the U.S. have been allowed to seek bond from an immigration judge.

But on July 8, ICE reinterpreted these laws to say that the millions of people inside U.S. borders are still “applicants for admission” and must be detained.

politico.com/news/2025/09/2…
This has led to indiscriminate arrests of immigrants in courthouses, routine ICE check-ins and at their jobs, even if they’ve followed every requirement imposed by judges and ICE, even if they’d previously won release from custody, and even if they are pursuing forms of legal status like asylum — and have U.S. citizen spouses, children and family members.

politico.com/news/2025/09/2…
Read 7 tweets
Kyle Cheney Profile picture
Sep 18
Magistrate judge Faruqui, who has been on a tear over DOJ's flimsy prosecutions in recent weeks, was floored by the Trump administration's decision to level a federal marijuana possession charge against a recently arrested defendant. But that's not all... storage.courtlistener.com/recap/gov.usco…Image
He says DOJ held the man in detention for *three days* on this misdemeanor charge even though prosecutors later agreed he shouldn't be detained at all. And that's still not all... storage.courtlistener.com/recap/gov.usco…Image
Prosecutors seized the indigent man's phone, leaving him without a means to contact his lawyer or access his personal information. storage.courtlistener.com/recap/gov.usco…Image
Image
Read 4 tweets
Kyle Cheney Profile picture
Sep 16
GRASSLEY asks if Jeffrey Epstein was a U.S. government or foreig government asset. Patel says he can only speak for the FBI and that Epstein was not a source for the bureau.
PATEL uses his opening statement tosay Alex Acosta's handling of the original Epstein case was the "original sin" of the saga, saying the nonprosecution agreement he struck after initial plea deal locked down many records under court order.
PATEL says the Jan. 6 pipe bomb investigation is "ongoing." He says there's "a lot of evidence" but he can't share it yet.
Read 6 tweets
Kyle Cheney Profile picture
Sep 10
LAWSUIT INCOMING: FBI leaders fired by Director Kash Patel — including Brian Driscoll and Steve Jensen — have filed some kind of action against the Patel and the bureau. Details TK Image
UPDATE: In the lawsuit, three senior FBI officials fired by Kash Patel say Patel informed them that he was instructed to "fire anyone" who worked on any investigation related to Trump. And said his own job depended on carrying out the firings. storage.courtlistener.com/recap/gov.usco…Image
The FBI officials say Patel informed Driscoll that his vetting for FBI leaderhsip woudl be fine, so long as he hadn't donated to Dems or voted for Kamala Harris. storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets

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