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Kyle Cheney Profile picture
@kyledcheney
Feb 2, 2024 • 4 tweets • 3 min read • Read on X
JUST IN: Jack Smith provides new details about the origins of the classified documents case against Trump, including how Biden WH counsel came to be involved — with knowledge and participation of Trump's representatives. storage.courtlistener.com/recap/gov.usco…

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Smith repeatedly describes the "cautious" and "incremental approach" that government officials took toward Trump's retention of sensitive documents. storage.courtlistener.com/recap/gov.usco…

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Prosecutors accuse Trump attorneys of making ominous sounding claims about an "undifferentiated" Biden administration when, drilling down, it's distinct career officials at different agencies exercise "specific portfolios and responsibilities." storage.courtlistener.com/recap/gov.usco…
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NEW: Jack Smith used tonight’s filing — ostensibly to Judge Cannon — to mount an unbridled defense of his documents case against Trump, one that seemed more akin to an opening argument a jury might hear.

w/ @joshgerstein

politico.com/news/2024/02/0…
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More from @kyledcheney

Kyle Cheney Profile picture
Apr 7
Just two US senators asking questions abut random assignment in the federal US district court in DC that could be answered by ... actually paying attention to the federal district court in DC. 1/6 Image
There are an enormous number of high-profile cases in Washington because the seat of government is here. Boasberg, over the last 4 years, probably got a lower share. of those explosive, Trump-related cases than most of his colleagues. 2/6
He didn't get the Jan. 6 lawsuits against Trump or the Dominion civil lawsuits, the Navarro or Bannon trials. He got one of MANY Jan. 6 committee lawsuits (Budowich v. Pelosi, a minor one). He sided with Donald Trump Jr. in. a lawsuit brought by Alexander Vindman. He recently denied access by Capitol Police officers to grand jury material relted to their Jan. 6 lawsuit. 3/6
Read 6 tweets
Kyle Cheney Profile picture
Apr 7
BREAKING: The 4th Circuit has *denied* the Trump administration's effort to resist an order to return Kilmar Abrego Garcia to the United States by midnight tonight.

Judge Xinis' order is still in effect. s3.documentcloud.org/documents/2588…Image
MORE: The panel, which ruled unanimously, scolds the Justice Department for penalizing the lawyers who argued the case. "The duty of zealous representation is tempered by the duty of candor to the court ... and the duty to uphold the rule of law." s3.documentcloud.org/documents/2588…Image
Judge Wilkinson, a Reagan appointee, says the Trump administration's position on Abrego Garcia amounts to a "path of perfect lawlessness." storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets
Kyle Cheney Profile picture
Apr 6
JUST IN: Saying the Trump administration’s “grievous error” “shocks the conscience,” a federal judge has rejected their call to lift her order demanding the return of Kilmar Abrego Garcia. storage.courtlistener.com/recap/gov.usco…Image
Judge Xinis notes that the prison in El Salvador is known to deprive prisoners of food, water and shelter and “fosters routine violence.” storage.courtlistener.com/recap/gov.usco…Image
Xinis says the prison “intentionally mixes rival gangs” and said labeling him MS-13 has left him at risk of reprisal. She notes that despite the admin’s claim Garcia is MS-13, the govt presented no evidence in her courtroom.
storage.courtlistener.com/recap/gov.usco…Image
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Read 4 tweets
Kyle Cheney Profile picture
Apr 3
HAPPENING NOW: Judge Boasberg says he believes the Trump administration "acted in bad faith" on the day of the Alien Enemies Act deportations.

Boasberg says his impression is that "if you really believed everything you did that day was legal and would survive a court challenge, you wouldn’t have operated the way you did"

He notes that Trump signed the proclamation on Friday, March 14 but it wasn't made public until Saturday the 15th in the afternoon. Yet in the meantime, ICE teed up more than 100 purported Venezuelans for summary deportation well before it was made public.
Boasberg began the hearing by ticking through a set of undisputed facts, with the Trump administration lawyer agreeing to each.

-"My TROs did not order any TdA member to be released from custody"
-"The TROs did not prevent the govenrment from apprehending any TdA member."
-The TROs, he noted, also did not bar the administration from deporting any TdA member through other well-established processes.
BOASBERG emphasizing that it was luck that he was available at 7:30AM on Saturday morning to hear the lawsuit — filed at 1:12AM — to block some of the Alien Enemies Act deportations. He notes that the rush appeared intended to avoid litigation and court scrutiny.

Boasberg notes that despite the concerns he raised at the early morning hearing, and the fact that he scheduled a 5pm hearing, the government continued to race to put people on planes and have them take off before he could rule.

He notes the case of Kilmar Abrego Garcia, who the government has admitted was on the 3rd plane (though not an Alien Enemies Act deportee) erroneously.
Read 7 tweets
Kyle Cheney Profile picture
Mar 29
NEW: Marko Elez is back in govt (and has been for weeks); Amy Gleason’s job is to recommend DOGE detailees to agencies (who can say no), Luke Farritor has access to 12 sensitive databases.

New details on DOGE in Saturday court filing.

w/ @joshgerstein

politico.com/news/2025/03/2…Image
Here are the details on Farritor’s extensive access as well as the system’s Elez can see. politico.com/news/2025/03/2…Image
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Here is the access for Edward Coristine and Kyle Schutt, who has access to an HHS system related to “unaccompanied alien children.” politico.com/news/2025/03/2…Image
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Read 6 tweets
Kyle Cheney Profile picture
Mar 28
BREAKING: A second federal judge has barred the military from enforcing its ban on transgender service members. Details TK storage.courtlistener.com/recap/gov.usco…Image
Judge Settle, a George W. Bush appointee, says the Trump administration provided no evidence that transgender service members negatively affect readiness, unit cohesion or lethality.

65-page opinion: storage.courtlistener.com/recap/gov.usco…Image
Here is the description of one of the transgender plaintiffs who would be forced out of the military under the Hegseth policy. storage.courtlistener.com/recap/gov.usco…Image
Read 5 tweets

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