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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
Dec 21
NEW: In 2007, Josh James was nearly killed by an IED in Iraq, earning a Purple Heart.

He was stripped of his medal after pleading guilty to joining Stewart Rhodes’ 2020 seditious conspiracy to keep Trump in power.

Today, James was sentenced.

politico.com/news/2024/12/2…Image
The Justice Department treated Friday’s sentencing like a coda of sorts for its 4–year investigation of the Jan. 6 attack, vowing on the eve of the Trump presidency that

“The institutions that protected democracy on Jan. 6 cannot and will not forget.”

politico.com/news/2024/12/2…
Judge Mehta also used his remarks to lament how many veterans were among the Jan. 6 mob and have described, in court proceedings, dealing with mental/physical health challenges with minimal support. politico.com/news/2024/12/2…Image
Read 5 tweets
Kyle Cheney Profile picture
Dec 10
NEW: DOJ sidestepped key procedures when it pursued journalists' phone/email records during Trump's first term, a watchdog concluded.

politico.com/news/2024/12/1…Image
MORE: The department's sweeping effort to identify a classified info leak — which included seeking phone/email logs for Schiff/Swalwell and 43 staffers — was done without proper oversight and risks chilling Congress' legitimate work, the IG found. politico.com/news/2024/12/1…Image
Kash PATEL was among those swept up in this search, and he unsuccessfully sued over it last year. But the IG found that the 43 searched staffers were split along partisan lines w/ no evidence of political motivation. politico.com/news/2024/12/1…
Read 4 tweets
Kyle Cheney Profile picture
Dec 6
NEW: Federal judges overseeing Jan. 6 cases are watching as defendants grow more defiant, emboldened by Trump's return.

Their message about the gravity of the is about to become increasingly lonely in Washington.

w/ @joshgerstein

politico.com/news/2024/12/0…Image
Judges are pushing back on efforts to sweep Jan. 6 under the rug but worried that a large swath of the public has moved on. politico.com/news/2024/12/0…Image
Image
Judge Lamberth ordered a misdemeanor defendant — previoulsy convicted of a felony that was tossed because of SCOTUS — immediately jailed for a 12mo sentence.

And Judge Jackson worried that the "volume's getting turned up" on disinformation about 2020. politico.com/news/2024/12/0…Image
Image
Read 4 tweets
Kyle Cheney Profile picture
Dec 5
HAPPENING NOW: Enrique Tarrio, testifying at the trial of MPD officer Shane Lamond, has been combative, evasive and, at times, contradictory.

He seems to be relishing his attempt to fluster prosecutors. Drew a contempt threat from Juge Jackson when he refused to discuss Jan. 6.
The contempt threat for the former Proud Boys leader came on the first question from DOJ, when the prosecutor asked him if Proud Boys traveled to Washington on Jan. 6. Tarrio refused to answer and suggested he would plead the 5th even though he waived his 5th yesterday.
Tarrio also talked about timing his trip to Washington, D.C. for Jan. 4, 2021 because he knew he would be arrested for burning a BLM banner the month before and wanted to ensure he could be arrested and processed in time to be out for Jan. 6 events.
Read 5 tweets
Kyle Cheney Profile picture
Dec 2
BREAKING: Biden pardons Hunter Image
Image
BIDEN calls Hunter’s case “selective prosecution” instigated by his political adversaries. Not exactly the ringing endorsement of the special counsel process his DOJ has long made.
Biden says “raw politics” infected the case, causing a “miscarriage of justice.” Image
Read 6 tweets
Kyle Cheney Profile picture
Nov 30
NEW: Donald Trump hasn’t said a word since the election about his intent to pardon Jan. 6 defendants. It’s prompted some anxiety among supporters and a raging debate about his intentions.

politico.com/news/2024/11/3…Image
That debate has been compounded by the replacement of Matt Gaetz — a fervent ally of Jan. 6 defendants — with Pam Bondi, who has maintained radio silence on the issue for four years. politico.com/news/2024/11/3…Image
Trump’s transition team exacerbated the issue by vowing Trump would consider pardons “case by case,” a signal that he might not implement the sweeping blanket pardon many J6 defenders have called for. politico.com/news/2024/11/3…
Read 5 tweets

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