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Julie Kelly 🇺🇸 Profile picture
@julie_kelly2
Apr 22 • 2 tweets • 1 min read • Read on X
I mean, I guess you can argue it's a better code name than "Crossfire Hurricane."

FBI code name for classified docs investigation was "Plasmic Echo." Hope you sciency people can make sense of it.Image
A month later, AG Merrick Garland gave it the green light Image

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More from @julie_kelly2

Julie Kelly 🇺🇸 Profile picture
Apr 22
NEW: Thanks to order by Judge Cannon, key evidence related to classified docs case is now unredacted.

On the left: What DOJ/Jack Smith wanted to conceal.

On the right: Now we know why. More proof of collaboration btw Biden White House and NARA to concoct a case.Image
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Outrageous lies by Joe Biden, Attorney General Merrick Garland, and DOJ/Jack Smith about "independence" from investigations into Trump.

The Biden White House and DOJ wew intimately involved in developing a criminal case against Trump for records mismanagement--it appears the first go-around related to alleged "destruction" of government papers.

Contrary to public and legal assertions, NARA was working with DOJ/White House to craft a criminal referral by Sept. 2021--FIVE MONTHS before the "official" referral by NARA to DOJ in Feb 2022.

(Govt redactions on left, newly unredacted filing on right.)Image
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Now you know why the insiders like Andrew Weissmann and Barb McQuade are desperate to get rid of Judge Cannon. Without her courage on this matter, incriminating evidence of Biden's WH and DOJ running the investigative show behind the scenes would be buried maybe forever.

DOJ told NARA what to do to cover their tracks.Image
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Read 4 tweets
Julie Kelly 🇺🇸 Profile picture
Apr 17
As I noted yesterday, Elizabeth Prelogar totally misrepresented (lied?) how DOJ routinely handles sentencing requests for those convicted of 1512c2.

Under questioning from Kavanaugh about prison sentences, Prelogar tried to make it sound like 1512c2 defendants with other nonviolent offenses (common misdemeanors) only get about 24 months in jail.

She quickly mentioned the "Brock" case--referring to Larry Brock, a man from Texas convicted at bench trial of 1512c2 and 5 misdemeanors--and the "enhancement" recently overturned by DC appellate court in 1512c2 convictions.

So what did DOJ ask for in Brock case? Not 24-26 months as Prelogar attempted to mislead Kavanaugh into believing.

NO--DOJ asked for 60 months in prison.

This is far more representative of what DOJ has requested in similar cases. And yes it included the now unlawful enhancement but that was the enhancement DOJ ASKED FOR.Image
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Judge Bates, who convicted Brock, sentenced him to 24 months using 1512c2 felony as basis for the two-year prison term. Fine--but that doesn't erase how or in what manner DOJ asked for FIVE YEARS in prison.

Here is how DOJ got there...by using an "administration of justice" enhancement the appellate court last month concluded was unlawfully applied.

Prelogar forgot about that part:Image
Further--even after Brock's victory at the appellate court--DOJ STILL OPPOSES HIS RELEASE FROM JAIL.

Brock, who has no criminal record and is a decorated military veteran, has been in federal prison since May 2023.

Why?

Because DOJ considers him a threat to society because he is exercising his 1A rights from jail.

Here is DC US Attorney Matthew Graves just last weekImage
Read 4 tweets
Julie Kelly 🇺🇸 Profile picture
Apr 16
We are underway at SCOTUS.

Jeffrey Green, representing Joseph Fischer, opens.

Clarence Thomas asks first question and how 2 provisions (c)(1) and "otherwise" (c)(2) are related.

The question is whether the second part--very vague--is tied or independent of the first part: "alters, destroys, mutilates, or conceals a record, document, or other object, with the intent to impair the object's integrity or availability for use in an official proceeding."
Amy Coney Barrett asks question on a point raised by Jack Smith, which is whether 1512c2 defendants did attempt to obstruct with documents, i.e., electoral certificates.

KBJ presses Green on whether statute applies to evidence since the word "evidence" doesn't appear in the language.

Kagan: There are multiple ways the drafters of could have drawn "commonality" between c1 and c2.

1512c2 is under USC 1512: "Tampering With Victims, Witnesses, Or Informants."
Alito: "I think you may be biting off more than you can chew...that the 'otherwise' clause can only be read the only way you read it."

Green: 1512 "zeros in" on witnesses and evidence.

Govt reading of c2 is "so broad" that it would apply to anyone who influences in any way any official proceeding.

Kagan argues 1512c2 was meant as a "backstop" and catchall for Congress to encompass what 1512c1 did not address in response to Enron/Arthur Anderson.
Read 11 tweets
Julie Kelly 🇺🇸 Profile picture
Apr 15
On a day about "rule of law" and whatnot.

I have just obtained the transcript of April 5 hearing on House Judiciary Committee lawsuit against Mark Daly and Jack Morgan--2 DOJ tax attorneys involved in Hunter Biden investigation--for defying Congressional subpoena for their testimony.

It's better than reported.

Judge Ana Reyes (Biden) hammered DOJ attorneys explaining why DOJ can just ignore the subpoenas. James Gilligan represents DOJ:Image
Here, Reyes refers to Peter Navarro currently serving a four month prison sentence for conviction on contempt of Congress charges for defying J6 Committee subpoena: Image
Who would've thought a Biden appointee would be the only DC judge to hold DOJ's feet to the fire on anything.

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Read 6 tweets
Julie Kelly 🇺🇸 Profile picture
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.)
Read 4 tweets
Julie Kelly 🇺🇸 Profile picture
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.Image
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
Image
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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 Image
Read 4 tweets

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