NEW: Judge Cannon continues to squeeze DOJ to define the vague terms in the Espionage Act. She just ordered Jack Smith and Team Trump to file proposed jury instructions by April 2 on how jurors should interpret "unauthorized possession" of national defense files.
She attempted to get an answer on this element last week...
Cannon repeatedly asked prosecutors to explain which official and/or agency determines "unauthorized possession" of a document. DOJ admitted NARA has no law enforcement role in assessing who--esp a former president or VP--is keeping a record without authority.
Plenty of debate about presidential v personal.
Keep in mind as she mentions Presidential Records Act--she has not yet ruled on Trump's motion to dismiss based on protections of the PRA. I don't know if she is pressing DOJ for this particular jury instruction to help her decide on the motion?
She also hasn't set a hearing on the pending motion to dismiss case on selective prosecution--perhaps DOJs jury instructions/verdict form will help animate her thinking on that matter, too.
It's extremely early to ask for preliminary jury instructions considering a new trial date hasn't been set.
Given her focus on the vague terms of the Espionage Act--including when the taking of papers represents a crime (the day after Trump left office)--and DOJ's unsatisfactory answers, this is one way to force DOJ to define the terms on paper and possibly defend them during a hearing.
Apologies for the poor screenshot in the first tweet (had eyes dilated today!) here is full order:
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While all eyes focus on Comey/Brennan/Clapper related to new disclosures on Russiagate and potential criminal liability, let's not forget lesser known figures who are just as culpable in the decade-long abuse of power against President Trump.
One individual is Lisa Monaco...
Here is part one of my two part series covering Monaco's dirty fingerprints stretching from Russiagate to Special Counsel Jack Smith's investigation.
It is not a coincidence Pres Trump's called out Monaco twice by name last month...
According to responses to Judicial Watch FOIA on infamous Jan 5, 2017 White House meeting with Obama, Brennan, Comey, Clapper, and Biden--Monaco also attended.
In fact, she kept notes in a notebook from Jan 3 to Jan 20, 2017. Those entries are under seal. Hopefully not for long
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.
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 SYSTEMS
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."
NEW: Tulsi Gabbard just released previously classified Russigate docs including emails and other records giving new info on how the operation materialized
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.
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.
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:
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.
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.
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.