Julie Kelly 🇺🇸 Profile picture
Mar 1, 2024 5 tweets 3 min read Read on X
LUNCH BREAK in Florida courtroom of Judge Cannon in classified documents case.

President Trump arrived at 9:55 along with his attorneys and co-defendants.

Special Counsel Jack Smith here too but did not speak during morning session.

Judge Cannon appears unfazed by yet another historic hearing in her courtroom. She peppered Smith’s team with questions about timing of new trial date—DOJ asking for early July—and the VERY contentious issue about scope of prosecution team.
At the outset, Judge Cannon stated the Special Counsel's new proposed trial schedule (May 20 trial date will be vacated) leading to trial date of July 8 is "unrealistic" given at least 13 outstanding motions and intense CIPA litigation (special guidance on the handling/access to classified evidence before and during trial.)

Another issue is Alvin Bragg's prosecution of Trump later this month; trial is expected to begin March 25 and last between 6-8 weeks, interrupting Trump's ability to attend any court proceedings in FLA for almost two months.

When Smith's team tried to blame Trump attorney Chris Kise for taking on both the Bragg case and the classified docs case and argued his work schedule related to both matters should not preclude the FLA trial from moving forward, Judge Cannon reminded DOJ that right to access all court proceedings doesn't apply to the lawyers but "to the accused."
Much of the debate centered around the definition of the scope of the prosecution team.

In January, Trump filed a lengthy motion detailing numerous government agencies including the Biden White House involved in the investigation and prosecution of the classified docs case.

Agencies include NARA, DOJ, FBI HQ, the intelligence community, DOD, DOE and the other usual suspects.

Contrary to public assertions and Jack Smith's indictment, it appears NARA and DOJ and even the Biden White House general counsel were in cahoots as early as spring 2021 to concoct a documents charge against Trump.

DOJ says FBI opened an investigation into mishandling of classified docs in March 2022 after NARA sent a criminal referral following the alleged discovery of files with "classified markings" in the 15 boxes Team Trump gave to NARA in Jan 2022.

But the defense team has evidence--including emails and other records--to dispute that so they want an evidentiary hearing on the full scope of the prosecution team to determine which federal agencies or officials must meet Jencks, Giglio, and Brady discovery obligations.
Smith's team claims the only members of the prosecution team are their prosecutors, some agents/investigators from Washington FBI field office, and a few agents from Miami FBI field office.

But Cannon pushed Jay Bratt, the lead prosecutor in classified docs case also involved in the investigation before Smith was appointed (he visited Mar-a-Lago with 3 FBI agents in June 2022) to admit at least 3 FBI officials from FBI HQ were involved as well.

Smith is fighting not just the motion to compel discovery based on Trump's scope of prosecution team but doesn't even want Judge Cannon to hold an evidentiary hearing on the matter.

And Bratt said very emphatically, "we need to bring this case to trial this summer."

Judge Cannon again sounded skeptical. "There is a lot of pretrial work that has to be done and it needs to be done properly and correctly."
The afternoon session should also be contentious as both sides argue about redactions and unsealing of evidence. Cannon repeatedly reminds DOJ about the need to make as much information accessible to the public and on several occasions has unsealed filings that Jack Smith wanted sealed.

She ordered some records unsealed last month from the motion to compel but put her order on temporary hold pending Smith's motion for reconsideration. He wants most of redacted passages and sealed exhibits in the motion to compel discovery to remain secret.

Cannon is not so inclined so I am expecting some 🎇this afternoon.

Again no devices allowed in courthouse (!!) so I will report back later.

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More from @julie_kelly2

Jul 21
So the latest spin against Tulsi Gabbard's release is AKSHULLY NO ONE SAID THE RUSSIANS HACKED ELECTION SYSTEMS AND CHANGED VOTES

But that is EXACTLY what everyone from Pres Obama down--including the media--intimated. So did Brennan's ICA regardless of how he wants to worm out of it.

Further, another reason why this Dec 8 PBD was pulled is because Trump, as president-elect-would have received it.Image
Following the Dec 9 in the WH after the president's daily briefing was pulled and the conspirators plotted their next move, James Clapper's office produced this outline "per the President's request" on Russian election interference.

Top item: HACKING

Another item: CYBER ACTIVITY AGAINST VOTING SYSTEMSImage
This is directly from ICA.

Note the sleight of hand. And why would this only be attributed to DHS? Why not a stronger statement given the IC's conclusion the previous month?

This left the door open for Obama, his toadies, and the media to beat the drum about "Russian hacking." Image
Image
Read 4 tweets
Jul 18
NEW: Tulsi Gabbard just released previously classified Russigate docs including emails and other records giving new info on how the operation materialized Image
More subterfuge related to alleged Russia hacking of DNC email system. Recall Shawn Henry, CEO of Crowdstrike, the cyber firm hired to allegedly investigate the hack, finally admitted to Congress in 2017 that the firm never had evidence of Russian infiltration. Image
Wow.

Dec. 8, 2016: "IC officials discuss the draft PDB [presidential daily briefing] which finds that 'Russian and criminal actors did not impact recent US election results by conducting malicious cyber activities against election infrastructure.'

The group also decides the PDB will be published the following day, due to 'high administration interest.'

A few hours later, after initially coauthoring the PDB, the FBI (led by FBI Director James Comey) inexplicably withdraws from coordinating on the product and notifies other IC officials that the FBI will be drafting a dissent.

Later in the afternoon, a senior PDB official kills the PDB 'based on some new guidance.'

"The post election PDB, which once again assessed that Russia did not hack the election, was never published."

Meeting with all the Russigate perps held in the White House the following day.Image
Read 4 tweets
Jul 16
Sen Grassley today released emails demonstrating how disgraced FBI agent Tim Thibault grasped for a reason to open an investigation into the president for Jan 6.

But the smoking gun here is not so much Thibault but the involvement of Thomas Windom, who appears to have acted as the conduit between Main Justice and the FBI to concoct the case.

Windom was moved to DC US Atty office from Maryland in late 2021.

According to a June 2022 NYT piece, Windom worked "under the close supervision of Attorney General Merrick Garland's top aides," referring to DAG Lisa Monaco.

She was obsessed with investigating anyone who stayed at the Willard Hotel, the money trail, and their ties to the president. This included people like Roger Stone and individuals with the Proud Boys and Oath Keepers.

So it wasn't really the FBI trying to create a case out of air. It was Monaco and Windom--who later was tasked to Special Counsel Jack Smith's team in the J6 DC case.

Email from March 2022 from FBI DC field office:Image
Email from Windom, who actually appears to have prepared an outline for the FBI to pursue (which I’ll share in next post)

House Judiciary asked Windom earlier this year to sit for an interview. Unclear of status at this point. Image
This appears to be the outline Windom—one can only assume based on coordination with Monaco, who also at the time was involved in pushing a classified docs case against the president—forwarded to FBI DC office. Image
Read 4 tweets
Jun 30
Big hearing about to begin in 5th Circuit related to a preliminary injunction in an Alien Enemies Act case.

Oral arguments will address SCOTUS' ruling in May instructing the 5th Circuit Court of Appeals to address:

(1) all the normal preliminary injunction factors, including likelihood of success on the merits, as to the named plaintiffs’ underlying habeas claims that the AEA does not authorize their removal pursuant to the President’s March 14, 2025

(2) the issue of what notice is due, as to the putative class’s due process claims against summary removal. T
ACLUS's Lee Gelernt representing illegal Venezuelans covered by AEA gets started.

Judge immediately interrupts asking if AEA is reviewable by the court. Demands to know on what basis the ACLU can claim the AEA is judicially reviewable. (I have covered this for months.)

Judges continues to push for Gelernt to cite in case law that authorizes the courts to "second guess" the president in determining the main elements of AEA.
Gelernt insists there is no military "invasion" or "predatory incursion" of the US by Venezula or its cut-outs in TdA.

Another judge further pushes Gelernt on the point. (Sorry it is audio only and I am not familiar with the judges on this panel.)

Judge are Leslie Southwick (GWB), John Oldham (Trump) and Judge Irma Ramirez (Biden).

Debate continues between Gelernt and 2 judges over who has authority to determine "invasion" and/or "predatory incursion." One judge seems very skeptical that an "invasion" requires military action.
Read 7 tweets
Jun 3
In one of the most twisted opinions I've read, Judge Royce Lamberth (Reagan)--who eagerly threw J6ers including Jake Chansley and Rachel Powell in prison for years--has halted the president's exec order denying treatment for federal inmates suffering from "gender dysphoria."

The plaintiffs in the lawsuit are "transgenders" who use new names to represent their chosen gender--but also to conceal the convictions that led to their lengthy incarceration in federal prison.

Meet the criminals Judge Lamberth claims are being denied constitutional rights and harmed by the Trump administration.

"Alishea Kingdom" according to court docs "is a transgender woman who was diagnosed with gender dysphoria in 2016, prescribed hormone therapy injections, and approved to receive social accommodations including women’s undergarments and cosmetics." After the president's order, "she" was denied those treatments and accommodations.

"Ms. Kingdom states that the discontinuation of her hormone therapy caused her to experience anxiety, hopelessness, panic attacks, and suicidal ideation," Lamberth wrote.

Except Kingdom's real name is Joshua Mueller.

In 2014, at the age of 23, Mueller was sentenced to 15 1/2 years in prison for armed robbery in Milwaukee where he shot a store employee. He is currently incarcerated at Fairton FCI.

ttps://www.justice.gov/usao-edwi/pr/two-men-sentenced-15-12-years-and-8-years-prison-armed-robbery-milwaukee-grocery-store
A second plaintiff is "Jas Kapule."

Lamberth lamented how "Jas" was denied hormone treatments earlier this year after deciding in 2023 she was really a man. "Mr. Kapule was told that he would no longer have access to chest binders, and the next day was made to turn in his boxers in exchange for feminine undergarments. Mr. Kapule fears that the discontinuation of his therapy would result in the return of his menstrual cycle and will lead to depression," Lamberth wrote.

Her real name is Jasmine Kapule and she is a career criminal from California.

In 2021, she pleaded guilty to possessing a firearm as a felon and distributing fentanyl. (BTW none of this is mentioned in Lamberth's orders in the case, I looked up all doc on PACER.)

She was sentenced to 110 months in prison.
Then we have "Solo Nichols." According to Judge Lamberth, "Mr. Nichols is a transgender man who was diagnosed with gender dysphoria in 2021, prescribed hormone therapy in the form of 100mg testosterone injections, and given access to men’s undergarments, men’s hygiene products, and chest binders."

Lamberth: "Mr Nichols states that he is very scared to live without testosterone therapy, fearing he will lose muscle mass and start menstruating again and likewise maintains that the thought of wearing feminine undergarments makes him feel "deeply uncomfortable, like I can't breathe."

Except "Solo Nichols" is really LaTasha Nichols, another career criminal from Michigan.

In 2013, LaTasha was sentenced to 19 years in prison committing a string of armed robberies in Michigan.Image
Read 4 tweets
May 17
At my daughter's law school baccalaureate mass last night, the priest urged the students to practice law with "honor, honesty, integrity, and virtue." His words made me think about the current crisis in our judiciary as judges now make snap political decisions devoid of those important traits.

Then late last night, I learned about SCOTUS decision in Alien Enemies Act case.

Aside from interfering in what has always been sole executive authority turf--determining the use of the AEA--what 7 justices did is reward the ACLU's bad behavior and borderline misconduct.

SCOTUS endorsed the ACLU's strategy of filing emergency lawsuits over weekends and holidays (in this case, Easter weekend); using anonymous plaintiffs who are illegal Venezuelans then referencing those unnamed plaintiffs to demand classwide status for other potential AEA subjects based on little or no evidence as to who would be covered; relying on declarations by ACLU attorneys or other outside interests without any verification the statements are accurate; and demanding judges act on ACLU unreasonable timeline.

And rather than--as Kavanaugh suggested in a separate concurrence--immediately address the merits of these cases, i.e., the lawfulness of the president's AEA proclamation--the court shamefully gave the ACLU the green light to run roughshod over lower courts in terms of halting deportation of suspected TdA gang members who are here ILLEGALLY.

The criticism of Judge Hendrix, as Alito points out, also is completely out of line and inaccurate. SCOTUS misrepresented his handling of the case as a cop out to excuse themselves for the court's unprecedented and unnecessary interference in this crucial matter.

Truly shameful stuff.Image
Alito eviscerated the majority on a number of issues including unwarranted and inaccurate criticism of Judge Hendrix while noting the rush job of other judges Image
Alito noted the flimsy evidence entered by ACLU to support demands for classwide and emergency relief: Image
Read 4 tweets

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