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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 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
Kyle Cheney Profile picture
Mar 26
BREAKING: The DC Circuit has *rejected* DOJ's effort to lift Judge Boasberg's block on Alien Enemies Act deportations.

Ruling is 2-1, with Judge Walker dissenting.
storage.courtlistener.com/recap/gov.usco…Image
Judge Henderson (GHW Bush appointee) bases her ruling almost entirely on determination that Trump failed to justify claim of "invasion" or "predatory incursion." storage.courtlistener.com/recap/gov.usco…Image
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Judge Millett (Obama) is focused more on due process and the failure to afford any to the people Trump claimed were members of Tren de Aragua. storage.courtlistener.com/recap/gov.usco…Image
Read 4 tweets
Kyle Cheney Profile picture
Mar 21
HAPPENING NOW: Judge Boasberg has taken the bench as he weighs whether to vacate his restraining order on deportations under the Alien Enemies Act.
Boasberg comes in hot: Wants to know why the lawyer who originally argued the case didn't show up to hearing Monday. He says the filings since have used "the kind of intemperate and disrespectful language I’m not used to hearing from the United States."
DOJ lawyer Drew Ensign says he believed Boasberg intended the planes to be turned around when he issued his oral order in court over the wekend: "I understood the intent that you meant that to be effective at that time."

DOJ has since said they didn't view it that way.
Read 12 tweets
Kyle Cheney Profile picture
Mar 20
BREAKING: A federal judge in Maryland has just barred DOGE from accessing Social Security systems, saying the group is on a "fishing expedition" that jeopardizes people's personal data.

storage.courtlistener.com/recap/gov.usco…Image
NEW: Judge Hollander ruled that DOGE was granted unusual access to non-anonymized social security data and could not identify any basis for that degree of access.

She wants access limited, installed software removed and data taken out of SSA destroyed.

politico.com/news/2025/03/2…Image
MORE: Judge Hollander called it ironic that DOGE demanded anonymity for their staffers but “did not appear to share a privacy concern” for people whose data could be exposed at Social Security. politico.com/news/2025/03/2…Image
Read 4 tweets

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