Julie Kelly 🇺🇸 Profile picture
Mar 14, 2024 4 tweets 2 min read Read on X
NEW: From FLA courthouse in Trump's classified documents case with a prediction.

Robert Hur report and testimony is the biggest elephant in the room. The term "arbitrary enforcement" used frequently by both the defense and Judge Aileen Cannon.

Cannon hammered the fact no former president or vice president has been charged under Espionage Act for taking and keeping classified records including national defense information--which represents 32 counts against Trump in Jack Smith's indictment.

Prediction: Cannon won't dismiss the case based on the motions debated today--vagueness of Espionage Act and protection under the Presidential Records Act.

But it's very likely she will dismiss the case based on selective prosecution, a motion still pending before her.
Cannon pressed both defense and Special Counsel to explain when the "crime" of willful retention of national defense information begins--she noted the date in Jack Smith's indictment as to when Trump first violated the Espionage Act.

January 20, 2021, the day he left office Image
Jay Bratt, representing special counsel office, confirmed the "crime" began that day because as a former president, he was entitled to retain the documents.

Cannon again asked for historical precedent as to when a former president or vice president faced charges for similar conduct. Bratt of course said there is none.

She added "vice president" on numerous occasions for a reason--Hillary Clinton, Joe Biden, and Mike Pence all skated on criminal charges. Trump is the only one who has not.

Cannon: "Arbitrary enforcement...is featuring in this case."

Cannon also addressed the "foreseeability" as to Trump's awareness he was committing a crime by keeping classified/national defense information.

"Given the constellation of what happened before"--meaning no criminal prosecution of former presidents including Bill Clinton and Ronald Reagan and vice presidents--Cannon suggested Trump could have reasonably expected he was in the clear.
Also of interest: Jay Bratt claiming there is no official process for a president to obtain or keep a security clearance. His argument is Trump's clearance automatically expired at the end of this term--which contradicts how former government officials maintained clearances long after their service ended.

Trump's elimination of John Brennan's clearance was raised.

But there is a problem. The Dept. of Energy, learning of Smith's indictment against Trump in the summer of 2023, retroactively revoked Trump's "Q" security clearance.

Bratt says the government has emails and a draft memo to revoke Trump's clearance.

Cannon's counterargument is--but if there is no formal process for authorizing or removing a president's security clearance--why did DOE need to memorialize it post-indictment.

Bratt didn't really have an answer.

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More from @julie_kelly2

May 2
Hearing now for Judicial Watch lawsuit in killing of Ashli Babbitt.

There IS a settlement in the case.
Also her husband, Aaron, is a plaintiff.

They are suing the US government under federal torts claim act for assault, negligence, negligent supervision (of shooter Lt. Michael Byrd), negligent training, and wrongful death.

Plaintiffs on behalf of Ashli are seeking $30 million .

The settlement is not yet finalized so cannot be announced.Image
Holy shit -- the judge is Ana Reyes, the crazy Biden appointee. She is SCREAMING at both sides about who knew what about the proposed settlement.

This relates to a former attorney on the case.

DOJ: "Our intention is to settle this case." Terms have been sent to Babbitt's representatives.

She is again berating one of the plaintiff's attorneys.
Read 4 tweets
May 2
This outrageous piece demonstrates what the Trump DOJ is up against not just in the media but within the ranks of the DOJ and federal judges.

First--shame on Barrett for whitewashing the evil Columbia University Apartheid Divest (CUAD) mob which is not a "student group" but a campus terror organization that has called for the destruction of both Israel and western civilization INCLUDING THE U.S.

CUAD has terrorized students and administrators at Columbia and Barnard College for over a year; at least one CUAD event featured a member of the PLO. (The event was banned on campus so the wannabe Hamasters conducted the panel virtually.)

But of course only at the NYT is the real villain the Trump DOJ--specifically Emil Bove, a top DOJ official who ordered an investigation into CUAD after masked student terrorists stormed a Barnard building in February and attacked a security guard.

Bove instructed prosecutors to compile a list of CUAD members--but he was once again met with defiance by DOJ lawyers. (This also happened when Bove sought to drop the indictment against NY Mayor Eric Adams.)

"The prosecutors were told by superiors that Mr. Bove was seeking a list so the information could be shared with immigration agents, these people said. Inside the civil rights division, prosecutors came to fear that their criminal investigation was a pretext to facilitate an intimidation and deportation campaign by the Trump administration against student protesters, these people said.

Prosecutors refused to compile such a list that could be given to Immigration and Customs Enforcement agents, these people said."

Now once upon a time, career government lawyers refusing to follow orders from a superior to investigate a known campus terror group seeking the destruction of the U.S. and involved in an anti-Semitic movement across the U.S. perhaps funded by our enemies would receive widespread condemnation in the press.

But not so with Barrett and the NYT.

🧵...
Here is just a little context on CUAD.
Image
Image
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Bove sought a search warrant for CUAD's Instagram account including nonpublic data. Now this sort of thing was NEVER contentious when the DOJ sought (and received) Pres Trump's X data or when the FBI systematically sought social media data for thousands of Americans related to its Jan 6 investigation.

But seeking data on a radical campus terror group threatening the destruction of the US and Israel among other nations? THAT IS JUST A BRIDGE TOO FAR for career DOJ lawyers. (Instagram actually suspended CUAD's account in March for violating its policies.)

According to DAG Todd Blanche, "the warrant application focused on Columbia University Apartheid Divest included a photograph from C.U.A.D.’s social media of an inverted triangle symbol used by Hamas to designate targets for violence, which was spray-painted on Columbia property along with red paint designed to look like blood.”

Back to Barrett's piece: "While civil rights prosecutors conducted the investigation that Mr. Bove had demanded, they often pushed back against specific steps that he wanted taken, these people said, arguing that they were either not justified by the available facts or contrary to law and past practice, or both."

But civil rights division lawyers--who thankfully now are leaving en masse after the confirmation of Harmeet Dhillon--were not the only DOJ attorneys to defy Bove's request....
Read 5 tweets
Apr 8
NEW: Records obtained by Sens Grassley and Johnson provide further proof DOJ/FBI was in cahoots with Biden WH on "Arctic Frost" investigation, the Jan 6 case against the president.

As I reported in the docs case, Biden WH general counsel Jonathan Su also was working with DOJ and NARA separably to concoct the documents case.

Biden WH turned over govt cell phones used by Pres Trump and VP Pence.

This is from dirty Wash FBI field office official Tim Thibault to others--including WFO chief Steven D'Antuono--about obtaining the devices.Image
Su arranged the pick up of the devices from Biden WH in May 2022. Again underscoring this is the same time Su was working with NARA to devise the classified documents case, meeting with NARA officials at WH. Image
Biden general counsel Su says he is the "point of contact" on the case. BTW Steven D'Antuono, former head of Wash FBI field office, retired after Republicans won in Nov 2022 and John Crabb was demoted by Trump DOJ in Feb 2025. Image
Read 4 tweets
Mar 26
Last night, the DOJ filed its response to Jeb Boasberg's demand to prove the Trump adm did not defy his court orders related to the removal of Venezuelan illegals covered by the Alien Enemies Act (I also will get to a lot more of this in a separate thread and note his own discrepancies in the first temp restraining order next) on March 15.

As I have discussed here and in numerous interviews, the central dispute pertains to what Boasberg calls his "oral ruling" to turn around two planes already in the air carrying AEA illegals. The DOJ cites case law, jurisdiction, and Boasberg's own confusing orders as to why his verbal statement around 6:45pm on March 15--roughly 40 minutes before Boasberg's written minute order--is not controlling.

Note in particular the times the planes departed (this is from new DOJ filing)Image
While Boasberg now insists his two temporary restraining orders related to the president's invocation of the Alien Enemies Act--signed evening of March 14 and posted (and apparently enacted at the time) around 3pm on March 15--he CLEARLY stated TWICE n the rushed March 15 hearing that the first TRO covering the five unnamed illegal Venezuelans represented by the ACLU related to the Immigration and Nationality Act.

Not the Alien Enemies Act--the basis of the ACLU lawsuit and request for restraining order.

From March 15 transcript (Gelernt is ACLU atty):Image
Image
EXCEPT that Boasberg's TROs earlier in the day (those statements above were made after 5pm) granted relief sought by ACLU under the Alien Enemies Act.

Not the INA.

Here is ACLU proposed order, which Boasberg granted at around 9:40am without any input or briefing by the DOJ: Image
Read 6 tweets
Mar 24
Oral arguments about to begin before 3-judge panel of D.C. circuit court on Pres Trump's appeal of Jeb Boasberg's temporary restraining order halting deportation of illegal Venezuelans subject to the president's Alien Enemies Proclamation.

DOJ in the motion to appeal: "If this TRO were allowed to stand, district courts would have license to enjoin virtually any urgent national-security action upon bare receipt of a complaint. District courts might next see fit to issue TROs restraining drone strikes, sensitive intelligence operations, or terrorist captures or extraditions. This Court should stay the district court’s unprecedented order."
DOJ calls Boasberg's orders "an unprecedented and enormous intrusion on the executive branch."

Boasberg's orders consisted of "second guessing" about the president's authority.

DOJ interrupted by Justice Millett (Obama) who pushes back against DOJ claims that this opens the door for a judge to frustrate other presidential powers including war powers.

Millett complains the Venezuelans were "rushed" on to planes and didn't have the chance to dispute their membership to TdA.
Millett asks DOJ atty is there are "any planes anywhere in the world" with individuals covered by Alien Enemies Act. DOJ says yes, that's his understanding.

Removal of Venezuelans under other laws are allowed--they both agree.

Millett: DOJ concern about ordering planes back and forth is "moot." Nothing we can do to remedy that now.

DOJ again argues Boasberg's oral "order" to return the planes did not control. Millett says that's a compliance issue at this point.
Read 13 tweets
Mar 21
Hearing underway in Jeb Boasberg courtroom on Venezuelan terrorist lawsuit and deportation flights.

Coverage coming up:
Boasberg out of the gate accuses DOJ of using "intemperate" and "disrespectful" language in responses to the judge.

He is lecturing the DOJ about its opposition to his alleged "verbal" order to turn around the planes.

"Did you think that was hypothetical or did you understand when I said do that immediately, you meant that."
Boasberg: "Either DHS sent someone who knew nothing about the facts not the law--that's what you are saying, no one told you about those flights?" (2 planes took off during the first part of the hearing.)

"I often tell my clerks before they go out into the world the most valuable thing they possess is their reputation." He admonishes DOJ atty to remember that.

What a POS.
Read 6 tweets

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