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May 7, 2024 155 tweets 18 min read Read on X
Good morning from New York.

It's a sunny and temperate morning outside the lower Manhattan courthouse for Trump's criminal trial, but reportedly, we're in for a Stormy day in court, Daniels' attorney told the AP.

Follow along here. 🧵
Note:

Trump isn't getting advanced notice of witnesses because of his gag order violations. Apparently, this is his reaction after learning about what reportedly is a significant one on deck.
Trump's Truth Social post, seen and captured by multiple journalists, appears to have been deleted.
Was Trump's Truth Social post a swipe about an upcoming witness — or a complaint about lack of advanced disclosure about witnesses in general?

Perhaps Trump's not testing the question, or maybe he was informed he shouldn't.
The prosecution enters the courtroom.
Trump enters the courtroom, followed by Eric Trump, attorney Alina Habba, and Boris Epshteyn.
"All rise."

Justice Merchan takes the bench, and the parties register their appearances.

Susan Necheles renews her objection to Stormy Daniels testifying about "any sexual acts," a topic that she calls irrelevant. She says Daniels is the second witness slated to testify.
Assistant DA Susan Hoffinger says certain details are necessary.

Justice Merchan asks for specifics.

Hoffinger says it's "very basic."

"It's not going to involve any descriptions of genitalia or anything of that nature."
Necheles: "This case is a case about books and records."
Justice Merchan: "I'm satisfied about the representations that Ms. Hoffinger has made."

"I agree with you that she has credibility issues," the judge adds, saying that makes it more important for prosecutors to be able to establish her credibility.
Next witness: Sally Franklin, a VP and executive managing editor for publisher Penguin Random House

She's a custodial witness for records to be submitted into evidence.
Q: Are you familiar with the title "Trump: How to Get Rich"?
A: Yes.
The witness identifies passages from that book.
Jurors see the cover, the title page, the copyright page, and page with the subtitle: "Be a General."

"I am the chairman and president of The Trump Organization. I like saying that because it means great deal to me."
From of a chapter: "Sometimes You Still Have to Screw Them"

"For many years, I’ve said that if someone screws you, screw them back.
[…] As it says in the Bible, an eye for an eye."
Next book: "Trump: Think Like a Billionaire"

Sharing an author line with Trump, below his name in smaller text, is Meredith McIver
Chapter title: "How to Pinch Pennies"

Trump recounts the company depositing a check for 50 cents.

"Calling it penny-pinching if you want to. I call it financial smarts."
Another chapter, “How to Stay on Top of Your Finances,” recounts Trump telling his former controller Jeff McConney that he was fired after his cash balances went down.

McConney, who stayed an employee for years longer after that, testified about this on Monday.
Trump's lead attorney Todd Blanche begins cross-examination by asking the witness about ghostwriters.
Q: You're trying to make money off the book, correct?
A: (emphatically) That is correct.

(Laughter)
Cross-ex was brief.
Redirect begins.
Q: In your experience, do ghostwriters ever write entire books without the author's knowledge?
A: No.

"The ghostwriter works for the author," the witness says later, in response to a different question.
The parties meet at sidebar to argue a defense objection—overruled.

After they wrap, prosecutors display another chapter title getting to the ghostwriter issue: "The Mother of All Advice."

The chapter begins with two epigrams: one quoting Trump's mother and the other "DJT."
The prosecutor also shares the "Acknowledgements" section showing Trump's handiwork in his books.
* epigraphs
The custodial witness concludes her testimony.

Stormy Daniels up next.
Lengthy sidebar before her testimony.
Judge: "Next witness, please."

"The People call Stormy Daniels."
Daniels broadly smiles as she enters the courtroom, before quickly changing to a serious expression.

Assistant DA Susan Hoffinger begins direct examination.
Daniels confirms her birth name is Stephanie Clifford, but she says she prefers to go by the name Stormy.

She describes her upbringing.
Daniels seems to be firing off details about her life and education very quickly, her voice slightly shaky.

Hoffinger: "May I ask you to slow down just a little bit."
Daniels says that she was 23 years old when she got her first adult film contract with Wicked Pictures.
Daniels:

"I was one of the youngest — if not the youngest adult — feature director."

She rattles off her awards as a director.

She is racing through her testimony — speaking much faster than in the Michael Avenatti trial, as I recall.
Q: Were you recently featured in a documentary?
A: Yes.

Daniels says it was about her life, and she spoke about Trump in it. She also explored running as a GOP senatorial candidate in a Louisiana primary.

Background washingtonpost.com/news/morning-m…
(She ultimately didn't run.) huffpost.com/entry/stormy-d…
Daniels recalls meeting at a golf tournament in Lake Tahoe.

"He did a lot of cameos and things like that," Daniels says, adding she was 27 at the time. Trump, she says, was older than her father.
Daniels, pointing in the former president's direction, identifies Trump sitting at the defense table.
Daniels identifies a photograph of Trump and her at the tournament in July 2006.

It's a widely published image. Image
Daniels said that Trump's bodyguard "Keith" (Schiller) told her "Mr. Trump is interested in having me join him for dinner."

At the time, Daniels says, she said, "No."

She didn't know Schiller's last name at the time, she says.
Exhibit: Schiller's contact information on Stormy Daniels' phone.

The witness authenticates the exhibit.
Schiller's contact info was entered on her phone as "Keith Trump."

"I didn't know his last name. I just knew who he worked for," Daniels says.
Daniels says a publicist made her reconsider her position of "F no" to dinner with Trump:

"It will make a great story," the publicist said, according to Daniels. "He's a business guy. What could possibly go wrong?" (laughs)

She adds those were actually his words.
Hoffinger reminds Daniels, maybe for the third time, to slow down for the court reporter.

She is speaking marginally slower now.
Daniels recalls visiting Trump's hotel suite, where he was wearing a Hefner-esque robe.

"I told him to go change, and he obliged, very politely," she says.

She adds that he quickly came back in a dress shirt. The room, she says, was "three times the size of my apartment."
Another reminder from the prosecutor for Daniels to slow down for the court reporter.
Daniels:

"He asked how I got involved in the adult entertainment business."

She says she had to correct the "misconception" that adult films don't have plots — and they're all cheap lines about the pizza boy.
Then, she recalls being surprised by Trump's perceptive business questions.

Some of those: Are there any unions? Do you get residuals? Do you get health insurance? Do you get tested for STDs? Is there a doctor on staff?
Daniels: "These were very thought-out business questions."

This leads to an extensive back-and-forth about STD testing and other safety precautions, and Daniels discloses that condoms were always a must, even with her husband — even though she's "allergic" to latex, she says.
Daniels testifies that Trump told her that he and his wife don't sleep in the same room, sparking an audible response in the gallery of the coutroom.
Daniels recounts her famous story about spanking Trump with a rolled up magazine, swirling the imaginary mag above her head on the witness stand.

Q: Where did you swat him?
A: Right on the butt.
A little earlier:

Justice Merchan joined the prosecutor in reminding Daniels to slow down.

She seems more nervous here than in Michael Avenatti's trial.
Morning recess.
During the recess, let's flag a less-dramatic but important part of Daniels' testimony so far: corroboration.

She has Trump bodyguard Keith Schiller's number on her phone, and prosecutors matched her famous photo of her and Trump from 2006, with the outfit he wore that day.
Some of the anecdotes, like the infamous spank, are ones we've heard before — but the exhibits, subjected to the rules of evidence and entered into the record, land with their own impact on the jury.
Before the witness re-enters, Justice Merchan chides the prosecutor to stay on topic.

"The degree of the detail we're going into are just unnecessary," Merchan tells Hoffinger.
Merchan: "Welcome back, Ms. Daniels."

She's back on the stand.

"Let's get the jury."
Court resumes, with Daniels back in the hotel suite.

Q: Did there come a time that you needed to use the restroom?
A: Yes.

She says she had to go through a living room and a bedroom to get into the bathroom.
Daniels:

There was a leather looking toiletry bag on the counter.

"I did look. I'm not proud of it." (laughs)
Daniels:

"When I had opened the door to come out, Mr. Trump was on the bed."

She says he was wearing boxer shorts and a T-shirt. She wasn't expecting someone to be there in "not a lot of clothing."

"I just thought: 'Oh my god, what did I misread to get here?'" Daniels says.
Daniels quoted Trump saying something to the effect of telling her if she "ever wants to get out of that trailer park," prompting a defense objection.

"Sustained," the judge says, impatiently.

Sidebar. The judge doesn't seem happy about the level of detail.
Asked whether she felt threatened by Trump, Daniels says no but notes there was a bodyguard who was waiting outside.

"There was an imbalance of power. Sure. He was bigger," Daniels adds.
Q: At some point, were you on the bed having sex with him?
Yes.

Hoffinger asks Daniels to describe it "briefly."

Stormy starts to say: "We were in missionary position for..."

Defense: Objection, your honor.
Judge: Sustained!
Q: Did you end up having sex with him on the bed?
A: Yes.

Q: Was he wearing a condom?
A: No.

Asked if that concerned her, she said yes, but she says she didn't say anything.
Daniels says she didn't tell anyone about it because she felt "ashamed."
Q: Did you see Mr. Trump again in Tahoe the next day?
A: Yes.

She says that, this next time, it was at one of the nightclubs in her hotel. Her employer, Wicked Pictures, hosted an event.
Daniels says she told lots of people that she went to Trump's room, but a small circle of people about the sex.
Daniels says that she Trump spoke often on the phone:

"I always put him on speakerphone. We thought it was funny. Dozens and dozens of people heard me on the phone with him."

She adds later: "He always called me 'honeybunch."
Daniels says that Trump eventually gave her the number of his assistant: Rhona.

Earlier in the trial, Rhona Graff entered Daniels' phone number on Trump Org's Outlook database into evidence.
Daniels entered her number on her phone as:

"D Trump Rona [sic]."
Analysis:

The dirty details of the testimony will dominate the headlines, but pay attention to any corroborating evidence that emerges as trial continues.
Justice Merchan admonishes Daniels to keep her answers short and responsive.
Daniels says that Trump introduced her at an event to "Karen," whom she did not know at the time.

It was Karen McDougal, she says.
Lots of colorful details drawing many sustained objections.
In 2007, Daniels says, she met with Trump for a "brief" discussion at his office. Trump claimed to be working on "'The Apprentice' thing."

Asked if Trump seemed concerned about being seen with her at Trump Tower, Daniels responds: "Oh, no. [...] He just seemed to be busy."
Daniels recalls meeting with Trump at a bungalow in Los Angeles.

"He kept trying to make sexual advances, putting his hand on my leg," she says.

Q: What was your response?
A: I told him I was on my period.
Trump eventually told Daniels that she wouldn't be on "The Apprentice," she said.

She says she fell out of touch with Trump after that and went on with her life, until someone let her know that "InTouch" would run a story about her.

(Edited to correct the mag)
There have been many animated sidebar discussions today, which will be interesting to review in the transcript.
After the latest conference ends, Hoffinger asks Daniels about an encounter she had in a Las Vegas parking lot in June 2011 — following her interview with "InTouch."

Background: businessinsider.com/stormy-daniels…
Daniels says she never told police.

Asked why, she says it was because the man who threatened her "told me not to say anything at all, and I was scared."
After Trump announced his candidacy, Daniels says, manager Gina Rodriguez reached out to her trying to sell her story.

Daniels acknowledges both believed they could make money from it: "Of course."
But there was another motive. After Hoffinger asks whether Daniels thought going public would keep her safer, the defense objects. Sustained.

Daniels later says: "My motivation wasn't money; it was to get the story out." [...]

"It was motivated out of fear and not money."
Daniels says she didn't negotiate the $130,000.

Q: Why didn’t you ask for more money?
A: Because I didn’t care about the money.
Daniels says that 2016 was the best year for her business. She'd gotten several raises and bought another house.

Testimony turns to the settlement agreement she eventually side, as prosecutors display an email from Keith Davidson to Michael Cohen.
Daniels is settling into her testimony. She's slowed down and sounds calmer, more decisive and confident than when her testimony began.
Daniels inspects her signature on the "Peggy Peterson" line, with her birth name Stephanie Clifford.
Lunch recess.
Good afternoon.

Trump's at the defense table. Eric Trump, Alina Habba, and Boris Epshteyn are back in the gallery.

Stormy Daniels, the judge and jury aren't back yet.
Justice Merchan enters.

"My chambers reached out to People and defense counsel" to see if they wanted a limited instruction on the alleged encounter in the Las Vegas parking lot.

Todd Blanche replies: We want a mistrial.
Blanche:

The judge set "guardrails" that Daniels ran through, and it's impossible to "unring this bell."

Daniels' testimony about her alleged sexual encounter with Trump was "way different" from the one Daniels was "peddling" earlier.
Blanche:

There was testimony about Daniels being blacked out, about Trump not wearing a condom, "the height of the two individuals," the spacing in the room, and "the fact of the bodyguard not being in the room."
Blanche notes Daniels described a consensual sexual encounter back in 2016.

"That's not the story that we heard today," he says, adding that Daniels told a "completely different story."
Blanche:

"How can you unring the bell?"
Blanche says Daniels was talking about "consent" and "danger."

"Just over lunch, people are reporting that she's [discussing] consent."

Daniels later said there was consent, but that's not enough, he says.
Blanche:

"The government must have known this was coming out."
Justice Merchan: "Thank you, Mr. Blanche. People?"

Prosecutor Hoffinger responds.
Hoffinger:

Daniels' account is "highly probative" of Trump's intent. It's "not true" that Daniels is telling a new story, saying she had previously spoken about the detail about the condom.

"This is not new. This is not a new account."
Hoffinger:

"Their position that this is an entirely new story is not accurate."
Hoffinger:

"They opened the door to the threat in 2011."

It goes directly to Daniels' credibility, which Trump's defense attacked, she said.
Blanche responds:

"The reason why this evidence, in theory, is admissible, over our objection," is that they were facts presented to Davidson and Cohen spurring the NDA.

"The problem is, that isn't what came in. What came in is this extraordinarily prejudicial testimony."
Hoffinger:

Daniels made clear that Trump did not threaten her physically or verbally — and that she did not say no.
Judge:

"As a threshold matter, Mr. Blanche, I agree that there were some things that better be left unsaid." [...] The witness was a "little difficult to control."
Judge:

At this point, I do not believe that a mistrial is warranted.
Judge:

"I will also note that I was surprised that there weren't more objections" coming from the defense table.

He says that he objected, "sua sponte" (of his own accord), to some of the testimony. The defense needs to take some responsibility, he says.
Trump's attorney Susan Necheles says they objected to her testimony to begin with, and the judge rejected their request.

Merchan interjects — that's not accurate. He granted some aspects of their objection, rejected others.
Justice Merchan:

"I do not believe we have reached the point that a mistrial is on order."

He also notes, "The more times a story has been changed," the more fodder the defense has for cross-examination.
Merchan: "Let's get the witness, please."
Stormy Daniels is back on the stand, and the jury is back in the box.

The afternoon session begins with an email from Keith Davidson to Michael Cohen, dated Oct. 17, 2015.
In the email, Davidson notes that his client hasn't received payment on the settlement.

"My client informs me that she intends to cancel the settlement if no funds are received by 5PM PST today." pdfs.nycourts.gov/PeopleVs.DTrum…
Image
Daniels confirms that she initialed the "Peggy Peterson" line with her own initials: "SD," adding: "I think."

She agrees she signed her birth name Stephanie Clifford over the full signature line. Image
Daniels says that she wound up with approximately $96,000 after fees.
Daniels says she did not respond to WSJ reporters' request for comment, after the publication of the story about Karen McDougal.
Daniels says she was respecting the terms of the NDA.
Daniels says that 2017 was "probably my best year ever," both professionally and personally.
Then, in 2018, Daniels says his attorney Keith Davidson had her sign this statement.

Q: Would you say it was cleverly misleading?
A: Yes.

Objection, your honor.
Sustained. Image
On Jan. 12, 2018, the WSJ broke the story on the $130,000 hush-money deal.

Asked what effect the article had on her life, Daniels said: "Chaos." She said the article blew her cover, and InTouch published the brief interview from 2011.
Daniels confirms testimony from earlier at trial that Cohen wanted her to go on Hannity, but she declined. Why?

"Because I didn't want to," she said.
Asked if this statement was false, Daniels said yes. Image
Daniels describes Michael Cohen filing temporary restraining order against her in about February 2008, and how after hiring Michael Avenatti, she sued to get out of the NDA.

Asked why, she replied: "So I could stand up for myself."
After freed from her NDA, Daniels published the book: "Full Disclosure."

She said she didn't include every detail about what she says happened in the room with Trump.
Lots of sustained objections during this prosecutor's questioning of Stormy Daniels.
Questioning turns to Michael Avenatti tweeting out a sketch of the man he claimed had threatened Stormy Daniels in a parking lot.

Daniels sued — and lost, badly. It was an expensive defeat.

Prosecution is getting ahead of cross-ex.
Details that prosecutor Susan Hoffinger elicited:

* Daniels says Avenatti posted the sketch without her knowledge.

* The court made no findings about the credibility of her claims about Trump.

* She fired Avenatti for cheating her.
Daniels is asked about Trump's Truth Social post attacking her.

Q: Who do you understand Mr. Trump to be calling "Horseface" and "SleazeBag" in this post?
A: Me. Image
Daniels says that the line about Trump not seeing her since 18 years ago is false because they had seen each other a number of times since then.

Direct examination concludes.
Trump's attorney Susan Necheles begins cross-ex.

She notes that Daniels described "grueling" prep sessions, but Daniels denies that this was "rehearsing" her testimony.
Necheles:

Q: They were pushing you, right?
A: The memories were hard to bring up. They were painful.
During the prep sessions, Necheles says, Daniels was asked "why" she acted in pornography.

Daniels responds: She doesn't recall them asking "Why?"

Necheles says the reason was money.

Daniels: Don't we all want to make more money in our jobs?
Necheles asks Daniels: "You want [Trump] to go to jail, right?"

She responds that she wants Trump to be held "accountability," but if found guilty, she "absolutely" wants him in jail.
Necheles asks a string of questions about her defeat in her defamation lawsuit against Trump, along with the six-figure legal fees she's racked up over the years.
Necheles asks another line of questions about Daniels' nonpayment of the award, saying she's openly disobeyed the court order.

Daniels agrees with Necheles that she said, "I will go to jail before I pay a penny."

"Correct," Daniels replies.
Q: You don't care about the court order, do you?
A: Of course I care.

Q: Even though there are three court orders for you to pay President Trump, you are not going to do that, are you?
A: I don't know.
Necheles shows jurors Daniels' tweet from Nov. 9, 2022:

"I don't owe him shit and I'll never give that orange turd a dime. 😂"
Asked if she owns a home, Daniels says she doesn't.

Necheles said Daniels tweeted that she paid for a new ranch.

Daniels says that meant ranch.
Necheles asks whether Daniels hopes she won't have to pay Trump if he's convicted.

"I hope I never have to pay him no matter what happens."
Necheles asks Daniels whether she's made a lot of money claiming she's had sex with Trump.

"I've been making money telling my story about what happened to me," she replies.
Asked if she denied having sex with Trump before claiming that she did, Daniels replies: "Because I had an NDA, yes."
Necheles displays the cover of Daniels' "Full Disclosure" to jurors.

Daniels agrees that the book describes manager Gina Rodriguez arranging for a meeting between her and prominent attorney Gloria Allred.

"I actually turned down her offer," Daniels says.
Q: This is your book, right?
A: Yes.

In the book, Daniels agreed, she left out sex and anything the least bit interesting in her meeting with Allred.

Daniels agreed that Allred told her: I can't do anything else for you, if that's all there is.
Daniels says she rejected Allred's interest because "She wanted to force me into saying things that were not true."
Necheles asks whether the meeting actually showed Daniels that selling her story wouldn't work unless she talked about sex.

Daniels pushes back at the suggestion.
Cross-ex turns to Daniels' account of the parking lot threat.

Necheles says she never told anyone in the exercise class, and Daniels replies: "No, I told her that my baby had a blowout on her diaper and that's why I was crying in the bathroom."
Daniels says that she used the bathroom, but she didn't go to class.

"There was no way I could possibly have done exercise with how scared that I was."

She says she didn't tell anyone or call the police.
Necheles says that Daniels did not share her story about the parking lot until "seven years after it supposedly happened."

Q: Your daughter's life was in jeopardy, and you didn't tell her father, right?
A: Right.
In 2018, when Daniels went on TV, she told Anderson Cooper: "I never told this story publicly before because I was threatened."

Necheles says Daniels blamed the incident on Michael Cohen.

"No, I blamed it on a man in a garage," Daniels replies, before slightly backtracking.
Daniels acknowledges she did suspect Cohen at the time.
On direct, Daniels blamed Avenatti for releasing the sketch of the supposed parking lot suspect.

Necheles points out Daniels sat next to Avenatti on "The View" when he unveiled it.
Afternoon recess
We're back.

Asked if she denied the alleged affair to The Dirty, Daniels replies: "I didn't confirm or deny anything to The Dirty. I never spoke to them."

Necheles: "Your lawyer did, right?"

Daniels says that the lawyer pushed to take the post down.
Q: You were trying to extort money from President Trump, right?
A: False.

Q: That's what you did, right?
A: False.
After Necheles mentions the "supposed incident" in the parking lot, Daniels says: "It wasn't a supposed incident. It was a true incident, and I told a lot of people."
Necheles shows Daniels some text messages entered earlier in the trial, between Daniels' manager Gina Rodriguez and the Enquirer's then-editor in chief Dylan Howard.
Over the afternoon recess, the press pool got this exchange:

"'Mr. Trump, how's it going in there?' Trump held his right hand to his mouth, responding, 'Very well.'"
Trump's attorney confronts Daniels with this text from her manager Gina Rodriguez informing the Enquirer's Dylan Howard that she "will tell the story through a source":

"She's had sex with him," Rodriguez wrote — adding Daniels wants "100k," according to the text. Image
Daniels denies she wanted it to be sourced anonymously.

Trial is done for the day.

The jury exits, followed by the witness.

Back tomorrow.
* Back Thursday

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May 21
This isn’t a legal document.

It’s a PR document that in parts contradicts how the legal document reveals how the fund will actually operate.

Some examples 🧵⬇️
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Here's how the plainly partisan way in which the legal document defines the "representative" conduct. Image
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May 20
The “confidential investigation documents” that Patel evasively alludes to is Volume II of the Jack Smith report, per the indictment.

It’s the only special counsel final report in US history that’s not been publicly released, as a result of Judge Cannon’s order at Trump’s urging.Image
Lineberger's case was filed in the Southern District of Florida's Fort Pierce division, virtually guaranteeing a favorable judicial assignment for Trump DOJ.

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Read 5 tweets
May 6
Trump DOJ opposes the release of SPLC grand jury transcripts, but what the memo *doesn't* say speaks volumes. Feds don't dispute the SPLC's account of the Trump admin's "gross misrepresentations" about the informant program.

Instead, the US Attorney says that's "not relevant."

Why that matters.🧵Moreover, the public comments in question—whether the SPLC ever shared information obtained by its field sources with law enforcement—are simply not relevant to the charges in the indictment. This case is about fraudulently obtaining money from donors, lying to banks, and concealing payments to the same organizations the SPLC publicly told donors they were fighting against. (Doc. 1 at 3–6). What, if anything, the SPLC did with the information it obtained through field sources is not relevant to the charges.
The SPLC's motion seeking the grand jury records rattled off a series of "false statements" by Trump and his surrogates about Charlottesville and the informants program.

The group said info gathered there thwarted a terrorist attack and led to arrests. allrisenews.com/p/splc-tipped-…
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The dossier tipped off agents about the names, photos, criminal histories and "weapons of choice of the people there."
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Apr 23
By the DOJ's own account, the SPLC's informant program was cheap and effective.

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The DOJ's case assumes donors felt defrauded by this. buff.ly/cwTnYg6
The Trump DOJ alleges that the SPLC spent about $3 million on informants over the course of a *decade.*

Check out of the SPLC's revenue and expenditures from 2024, the last fiscal year records were public. That's a typical year, and it's a drop in the bucket. projects.propublica.org/nonprofits/org…Image
In return, SPLC infiltrated the KKK, the neo-Nazis, and other extremist groups, and they shared their secrets with federal law enforcement until Kash Patel put an end to that last October.
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Apr 14
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This is the second time Judges Rao and Walker granted a writ of mandamus, an "extraordinary" rebuke of a lower court judge.

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