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Kyle Cheney Profile picture
@kyledcheney
Apr 8 • 3 tweets • 3 min read • Read on X
JUST IN: Long list of retired generals has sided with Jack Smith on the argument of presidential immunity, filing a brief with SCOTUS supremecourt.gov/search.aspx?fi…
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Among the signatories:


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JUST IN: Latest SCOTUS brief supporting Jack Smith comes from former govenrment officials, including Trump's former WH lawyer Ty Cobb and former US Attorney/special counsel Patrick Fitzgerald.

Some other familiar names here: supremecourt.gov/DocketPDF/23/2…

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More from @kyledcheney

Kyle Cheney Profile picture
Apr 8
JUST IN: Jack Smith files his opening brief at the Supreme Court re: presidential immunity. The crux: Criminal law includes a million safeguards and due process protections that render Trump's claims about politically motivated prosecutions meritless. supremecourt.gov/DocketPDF/23/2…
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👀 Smith argues that even if the Supreme Court sharply narrows the obstruction statute in Fischer, Trump's two obstruction counts are still valid because it would apply to the "creation" of false documents (a.k.a. elector certificates. supremecourt.gov/DocketPDF/23/2…
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NEW: Jack Smith argues that Trump's involvement in the false electors plot will salvage the obstruction charges against him no matter what the Supreme Court does in United States v. Fischer.

w/ @joshgerstein

politico.com/news/2024/04/0…
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Read 5 tweets
Kyle Cheney Profile picture
Apr 5
NEW: The rising tension between Jack Smith’s team and Judge Cannon over her recent series of bizarre decisions — and non-decisions — has overshadowed one of the most important cases in American history.

w/ @joshgerstein

politico.com/news/2024/04/0…
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Trump has been eager to exploit the clear frustrations between Cannon and Smith, taking to Truth Social to praise his judicial appointee and accuse Smith of seeking to “play the ref” — which of course Trump was doing with that very comment. politico.com/news/2024/04/0…
Cannon flummoxed Smith with her request for competing jury instructions based on premises they view as totally meritless.

She has yet to set a trial date, a month after a hearing to discuss it.

And she’s allowed a backlog of sealed filings to build up, shrouding the public’s view of the case.

politico.com/news/2024/04/0…Image
Read 4 tweets
Kyle Cheney Profile picture
Apr 4
NEWS: Bar discipline authorities say Jeff Clark violated his professional duties in his bid to help Trump derail the transfer of power in 2020.

Bar investigators say they intend to seek his disbarment. politico.com/news/2024/04/0…
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Bar investigators in D.C. say Clark attempted to coerce his superiors at DOJ to send a false letter claiming they had unearthed significant problems with the 2020 election results — a letter that if sent would have created chaos across the country. politico.com/news/2024/04/0…
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Bar discipline investigators said Trump turned to Clark — and considred placing him atop DOJ — when he grew frustated that its leaders wouldn't use their power to help him sow doubt about the election reuslts.

He viewed Clark as the solution, they say.
politico.com/news/2024/04/0…
Read 11 tweets
Kyle Cheney Profile picture
Apr 3
JUST IN: An extraordinary filing from Jack Smith tonight that is almost incredulous at how legally incorrect Judge Cannon's jury instruction scenarios are re: Trump's claim that he designted reams of classified info as "personal" on the way out of the WH.

storage.courtlistener.com/recap/gov.usco…
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Prosecutors are emphatic: Trump's treatment of presidential/personal records is both a "fiction" he invented belatedly (at urging of Tom Fitton) to justify keeping records he was plainly not authorized to have.

And whether he designated them 'personal' is irrelevant. Image
MORE: Jack Smith includes some new facts about his investigation about who he interviewed about Trump's retention of classified documents. No one, not chiefs of staff, WH counsel, Trump's NSA and more never heard him say he wanted those records to be his personal property. Image
Read 4 tweets
Kyle Cheney Profile picture
Mar 29
NEW: Jeff Clark’s lawyer said yesterday that Donald Trump *did* appoint Clark acting attorney general on Jan. 3, 2021, only to rescind the appointment later that day.

It is the latest wrinkle in a lingering mystery from that chaotic week.

politico.com/news/2024/03/2…
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Clark has never publicly addressed this, relying on privileges to shield his conversations with Trump. But his lawyer’s assertion — made during Clark’s DC bar discipline trial yesterday — seems to add weight to the claim. politico.com/news/2024/03/2…
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The Jan. 6 committee noted this possibility, obtaining White House call logs from that day that list Clark as “acting attorney general” that afternoon — just before a heated Oval Office meeting when Trump backed down from elevating Clark. politico.com/news/2024/03/2…
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Read 5 tweets
Kyle Cheney Profile picture
Mar 27
BREAKING: John Eastman should be disbarred, a California judge ruled Wednesday, issuing her final report after months of hearings and testimony about his fringe legal effort to keep Donald Trump in power.

Eastman will lose his ability to practice law in three days.

Details TK Image
NEWS: John Eastman's wrongdoing in 2020 was so extensive — his refusal to accept responsibility so pervasive — that the only remedy for is disbarment, a California judge ruled today.

The 128-page opinion was a thorough rebuke of the Trump ally.

politico.com/news/2024/03/2…
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MORE: State bar investigators proved that Eastman conspired with Trump to violate criminal laws and derail the transfer of power, Roland ruled. politico.com/news/2024/03/2…
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Read 18 tweets

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