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Julie Kelly 🇺🇸

@julie_kelly2

Apr 12

Some mini bombshells out of this afternoon's court hearing in Florida classified docs case.

First, things continue to get spicy between Judge Cannon and Jack Smith's team. She expressed great frustration at what she called "secrecy" surrounding grand jury materials in DC. Keep in mind--DOJ then Jack Smith conducted nearly the entire investigation in Trump-hating DC then switched to FLA at last minute for indictment.

Cannon said there is something "ambiguous going on in the background" and commented that it is "impossible to really know" why grand jury materials remain in DC, some under seal.

She pushed Jay Bratt, Smith's lead prosecutor, to explain why records from a closed grand jury matter must remain sealed. Apparently one matter involves Judge Beryl Howell's order that pierced attorney-client privilege between Trump and his lawyer.

Defense attorney Stanley Woodward said he has asked DC court to docket his requests for certain GJ materials. They have "declined," he told Cannon.

Second--and stunningly--Jay Bratt basically admitted they do not have proof that Walt Nauta, charged with conspiring with Trump to conceal classified files from Trump's lawyer then the FBI to impede grand jury investigation, moved boxes that actually contained papers with classified markings.

He also indicated he did not believe DOJ would have to prove that at trial. HUH?

That prompted a heated response by Woodward. "Show us the evidence" he said. If, as Bratt stated, they can't or don't have to prove Nauta moved boxes with records with classified markings "there is no crime."

DOJ making "assumptions" that any boxes Nauta moved contained sought-after evidence.

And get this: All the boxes retrieved during MAL raid are at the corrupt Washington FBI field office. Agents apparently removed the alleged "classified documents" and put some sort of marking as to where the contraband paper was in the box.

Suuuure.

Third, SCOTUS review of 1512c2 with oral arguments set for Tuesday also could impact this case. (It will impact Smith's J6 case in DC).

Much debate centered on the proper definition of "corruptly," which is a source of contention in the application of 1512c2 in J6 cases. It's unclear whether SCOTUS will provide a definition to bring some clarity to the vague obstruction of an official proceeding statute.

Some discussion about split decisions at DC circuit in both Fischer and Robertson--so SCOTUS ruling on 1512c2 will be consequential for Smith in two cases. (More on this in a weekend column.)

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Julie Kelly 🇺🇸

@julie_kelly2

Apr 12

MORE from FBI interview with Walt Nauta, Trump's White House valet then personal aide at Mar-a-Lago.

The FBI interrogated Nauta w/o Trump's knowledge. About not just the movement of boxes but Trump's habits and conversations.

Just imagine the FBI doing this to any other former president.

FBI agents (unidentified for now but I believe they were out of the Washington FBI office of course) lowkey accuse Nauta of being something other than an aide and pressure him to snitch on his boss--Trump

Another Flynn-style FBI ambush of a Trump confidant.

FBI plays on Nauta's loyalties as a Navy officer to suggest Trump is risking the lives of those who produced the papers they are accusing Trump of keeping at MAL. Dirty bastards

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Julie Kelly 🇺🇸

@julie_kelly2

Apr 10

The latest order by Judge Cannon is another withering rebuke of Special Counsel Jack Smith.

While she grants for now his request to keep names of potential government witnesses under seal, she takes shot after shot at him.

Here is how she describes his case:

Important to remember Cannon has seen all the evidence including the 32 "national defense information" files. This isn't the first time she's hinted the case is garbage.

She calls BS on Smith's claims of threats/intimidation of witnesses. She'll keep names sealed for now but wants general descriptions of the individuals (NARA Official 1, etc)

Smith basically wants to keep the entire case under wraps until the last minute.

Cannon continues to argue for public access and court transparency. And it sounds like she will soon schedule a hearing on the defense motion to compel (which detailed collusion btw DOJ and other agencies including NARA and Biden White House to initiate the case) and selective/vindictive prosecution motion.

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Julie Kelly 🇺🇸

@julie_kelly2

Apr 10

Clip 🧵

Judge Tom Hogan, Reagan appointee on the DC district court, went on inactive status late last year.

After that, he reached out to none other than Mary McCord to vent about J6 and Trump. McCord hosted Hogan at Georgetown a few months ago.

What he said is stunning--and representative of the mindset of nearly all of his colleagues on the DC bench:

Hogan lied about police fatalities tied to Jan 6 and what happened to Ofc Brian Sicknick.

Keep in mind--Hogan was reversed by the appellate court for locking up under pretrial detention one of two men accused of spraying Sicknick with pepper spray. George Tanios spent 5+ months in the DC gulag before he was released on appeal.

After holding the other man, Julian Khater, behind bars for 18 months until Khater was tormented into taking a plea for assaulting officers.

Hogan allowed Sicknick's ex girlfriend to enter a "victim impact" statement then sentenced Khater to 80 month in federal prison.

Hogan is frustrated the media isn't covering the tongue-lashings given by DC judges to J6ers during struggle sessions disguised as court proceedings.

He repeatedly referenced the shifting J6 narrative, mocking the use of descriptions such as "patriots" and "hostages."

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Julie Kelly 🇺🇸

@julie_kelly2

Apr 3

Reading Jack Smith's response on jury instructions and it's clear that the gloves are off btw DOJ and Judge Cannon.

One defense attorney just told me: "The tone Smith is taking with Cannon is no longer persuasion but outright threats. Unheard of dynamic btw DOJ and the bench."

Jack Smith's response is hysterical (and not in a funny way in a desperate way) bc he knows he has little control over her decision related to final jury instructions.

And he is arguing the basis for Trump's "unauthorized possession" of national defense material rests on Obama exec order not the Presidential Records Act.

So everyone who cried for months that "DRUMPF BROKE THE PRA!" can sit down. Jack Smith says PRA now has nothing to do with the case.

Also reminder of the bait and switch here. NARA sought files based on the claims Trump was violating the PRA. He produced 15 boxes of papers. NARA then claimed they found records with "classified markings" and sent a criminal referral (1st time ever) to FBI.

FBI promptly opened investigation. FBI sent a subpoena to Trump in May 2022 seeking more records with "classified markings." They turned over 38 more files.

Then in August, FBI sought search warrant seeking "national defense information." Reminder too we have not seen full unredacted application for search warrant.

Did DOJ seek warrant under the PRA or the Espionage Act or Obama's Exec Order or....what?

I will separate out Smith's threats to Cannon (unusual and toothless for the most part) later but this is basically the jury instructions DOJ wants to use.

This also might be a problem for DOJ bc it appears Trump still had Q security clearance at Dept. of Energy--one that DOE retroactively rescinded after Smith indicted Trump.

Also during March 14 hearing, DOJ claimed there was no formal process for a president to either receive or lose security clearance. So this might be another area of contention

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Julie Kelly 🇺🇸

@julie_kelly2

Mar 28

Add Judge Tim Kelly (Trump appointee and one of the worst on the DC bench) to list of judges threatening to add other enhancements to remaining convictions if 1512c2 is reversed.

This is his threat during a Jan 2024 sentencing for Gilbert Fonticoba, who went inside the building for 3 minutes. In a stipulated bench trial, Kelly found him guilty of 1512c2 and civil disorder.

Defense lawyer arguing against DOJs 62 month prison sentence recommendation based on SCOTUS review of 1512c2.

Here is what Judge Tim Kelly--who will be at the top of the list of any judiciary review of J6--said. "Vary upward" means add time to sentence.

Judge Kelly, who sentenced Enrique Tarrio to 22 years, is not just a stammering moron in court he is a moron period.

Kelly--who worked for Sen. Grassley and was Federalist Society approved--JUST SAID the impact of Jan 6 in DC is worse than criminals who rob Walgreens

IMPEACH

Judge Kelly sentenced Fonticoba to 48 months for the 1512c2 conviction but then claims he would sentence Fonticoba to 48 months on only the civil disorder conviction to justify his decision to send a man with no criminal record and 2 teenage children to jail for 4 years on charge that might be reversed by SCOTUS. (Max for civil disorder is 5 years.)

These are the bloodthirsty dunces J6ers must deal with every day.

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