Julie Kelly 🇺🇸 Profile picture
Mar 18 4 tweets 2 min read Read on X
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...Image
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.

declassified.live/p/arbitrary-en…
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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More from @julie_kelly2

Dec 3
NEW: Ring camera footage shows FBI SWAT raid at California home of a suspected J6 protester in October 2024.

The targeted individual was not home but at least 10-15 heavily armed FBI agents stormed the house using flashbangs, aiming guns at his wife, and holding her in handcuffs while interrogating her and traumatizing the neighborhood:
The harassment continued. (Note the time of the raid — 6am)

The subject, Jeff Snyder, according to his wife had left behind his phone and other items. He is still at large.
After an hour of pathetic cajoling over a loudspeaker, the tyrannical FBI agent threatened to involve their daughter — a Marine stationed in Japan.

Tell me again how @Kash_Patel is the threat to our country.

And this has happened over and over for 4 years
Read 4 tweets
Nov 19
Meet Dan Hodges, one of the J6 celebrity cops.

In never-before publicly posted footage from Hodges' body camera, Hodges is seen randomly assaulting J6 protesters outside the Capitol at 2pm.

This is about 40 minutes after DC Metro and Capitol Police launched their first assaults on the crowd gathered on Capitol grounds. Police improperly used "non-lethal" munitions including stun grenades, rubber bullets, pepper balls, and tear gas on peacefully assembled protesters, which enraged the crowd.

Hodges and other DC Metro officers arrived in head-to-toe riot gear ready for a fight. Listen to the reaction from Trump supporters who had already witnessed one fatality and several injuries at the hands of police.

Some called them "storm troopers" and "traitors."

It is necessary to understand the widespread use of excessive (and unnecessary) force by police officers that afternoon that in many cases led to physical clashes between cops and protesters.
You may recall Hodges July 2021 sworn testimony before J6 committee where he misrepresented his conduct on Jan 6 (as did the other police witnesses) and referred to protesters as “terrorists.”

Turns out he was doing the terrorizing
Shortly after arriving on the scene dressed like a stormtrooper, Hodges continues to randomly use his baton and body to assault protesters including women
Read 5 tweets
Oct 22
After a nearly 11-month delay, the DC appellate court finally issued its ruling on Couy Griffin appeal of common J6 misdemeanor. Despite clear consensus during oral arguments 1752 charge required foreknowledge of USSS protectee, the 2 Dem judges affirmed conviction. Trump appointee Greg Katsas, who authored the key dissent that led to SCOTUS overturing 1512c2, again dissented.

Griffin never entered the building. So let's understand what this ruling means--a US citizen cannot protest on government grounds paid for by taxpayers if someone in Secret Service protection is somewhere on the premises. (Pence had been evacuated to an underground garage by this point.)

Absolutely outrageous decision again demonstrating a rigged system controlled by Democrats in our nation's capital to set dangerous precedents for DOJ and judges to continue distorting laws to criminalize political dissent.Image
Image
As I've noted here repeatedly--oral arguments, where Judge Pillard clearly conveyed deep skepticism as to how DOJ applied 1752, were held a week before SCOTUS granted cert in Fischer.

The announcement signaled the court might overturn DOJ's most common felony.

So the Dem-led DC appellate court slow walked this decision for more than 10 months. And now 2 weeks before Election Day, DC circuit (led by Obama judge) publishes the opinion upholding Griffin's conviction.

Keep in mind-- the "restricted' area was not cordoned off by Secret Service but by Capitol Police (and a weak barrier at that). The snow fencing was not related to Jan 6 protest but to protect inaugural set up.

So DOJ and Dem judges took a statute intended to "better protect the President and other national leaders from assassination, kidnapping, and assault" and used it against Americans protesting on federal property OUTSIDE the building.

Read it and weep:Image
Image
Greg Katsas (Trump) in his dissent raised the very same question that Judge Pillard (Obama) did during oral arguments: a concern innocent people walking on "restricted grounds" could be prosecuted under 1752, which the DOJ conceded was true. Image
Read 4 tweets
Oct 1
Today by noon ET, Donald Trump's lawyers will file under seal objections to proposed redactions in Jack Smith's novel (that's being nice) "Motion for Immunity Determinations" currently under seal as well.

Unlike Smith's position in FLA docs case--where DOJ wanted to keep basically all discovery including grand jury testimony and other records under seal over unsubstantiated fears of "witness" intimidation--Jack Smith now is prepared to post what he otherwise refers to as "sensitive" material in an effort to weaponize J6 against Trump as Americans start to vote.

Judge Aileen Cannon routinely denied Smith's broad sealing requests. Here she is in April 2024:Image
In DC J6 case, Smith is ready to post grand jury testimony, FBI 302s, etc--records he wanted sealed in the FLA case when Trump.

Judge Cannon ultimately ruled that some evidence could be posted with names, identifying info mostly redacted.

Here was Smith in FLA in Feb 2024: Image
Here is Jack Smith's top prosecutor explaining to Judge Chutkan last month what this massive motion will entail. DOJ using SCOTUS immunity ruling to justify its new stance about sealing discovery and protecting witnesses.

Does anyone believe Jack Smith will fight to keep this stuff redacted? NO. What Smith just set up is a redaction fight where Trump looks like the one wanting to keep evidence under wraps.

And as far as not including names of witnesses--between the indictment, the J6 committee report, and media coverage--it will take about 6 seconds to figure out who said what to investigators.Image
Read 4 tweets
Sep 25
Jim Jordan opens Weaponization committee hearing today with DOJ IG Michael Horowitz by noting the FBI has not yet found the J6 pipe bomber.

The committee, Jordan notes, is investigating the "double standards" at the "Biden/Harris DOJ."
LOL major dbag Glenn Kirschner a witness in weaponization committee. Bragging about his prosecutorial record--he has been tip of the spear in attempted character assassination and harassment of Judge Aileen Cannon.

Kirschner now talking about Project 2025 and bringing up Jeff Clark being charged in Georgia. LOL Kirschner claims Project 2025 threatens the "independence and apolitical work" of the DOJ.

LOLOLOLOLOLOL
I hope someone on @Weaponization asks Kirschner about his coordinated targeting of Cannon.

It got so bad that the 11th Circuit stopped accepting complaints that Kirschner publicly helped organize

GeneralOrder2024-J.pdf ()uscourts.gov
Read 4 tweets
Sep 24
In the most sneering tone possible, Tanya Chutkan as predicted grants Jack Smith motion to file a gargantuan 180-page “brief” in Trump’s J6 case. Image
Chutkan HERSELF described Smith's proposed brief explaining why DOJ believes the new indictment is not covered by presidential immunity as "irregular" and outside the "ordinary course" of court procedure.

She again says the election is of no concern to her--which is bullshit Image
It is this type of glibness and quite frankly, laziness, that got Chutkan smacked down by SCOTUS. Chief Justice John Roberts repeatedly criticized Chutkan for her lack of fact finding and due diligence before hastily issuing her Dec 2023 denying all forms of presidential immunity for Trump in the J6 case.

Chutkan now is saying--ok SCOTUS you want a "careful" assessment of immunity in existing indictment? Fine--I will let Jack Smith do it first.Image
Read 4 tweets

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