NEW: Tonight, concerned that Trump’s escalating rhetoric about the standard instructions attached to the MAL search warrant will result in violence against law enforcement, the Special Counsel’s office is asking not for a gag order, but to modify Trump’s conditions of release. 1/
That matters because when Trump was first indicted, his bond — which he signed — made clear that his continued release was conditioned on his compliance with certain terms. 2/
For example, Trump’s order not only prohibits him from violating any federal, state or local law while on release but also precludes his speaking to any fact witnesses on a list shared with his lawyers about the facts of the case, except through their respective lawyers. 3/
But in asking to modify Trump’s conditions of release to prohibit his making statements that pose a “significant, imminent, and foreseeable danger” to law enforcement involved in the investigation and prosecution of the MAL case, the Special Counsel is upping the ante. 4/
Why? Because where a defendant violates a condition of his release, the consequences can include “the immediate issuance of a warrant for the defendant’s arrest, a revocation of release, and order of detention,” as well as a prosecution for contempt. 5/
But perhaps most importantly, if Judge Cannon denies this motion, it is immediately appealable to the 11th Circuit under federal statute, which provides in relevant part:
NEW: Rep. LaMonica McIver moved to dismiss her indictment late last night. The general thrust of her motions is hardly shocking—but her legal team’s retelling of her visit to Delaney Hall, as informed by discovery received from DOJ, contains some big surprises. 1/
The biggest is that V-1, the HSI agent Rep. McIver allegedly assaulted, was heard on the phone announcing he would be arresting Newark Mayor Ras Baraka, despite the fact that Baraka had “stepped out,” because the Deputy Attorney General directed as much. 2/
McIver also represents she was “shoved” by a federal officer and that she told that officer she would be filing a complaint about his assault. It was only days later that anyone from HSI, ICE, or “any other agency” suggested that McIver was the one who committed an assault. 3/
Virginia Roberts Giuffre's family issued a statement to MSNBC about the reported meeting this evening at VP Vance's home tonight about the administration's approach to the Epstein files: 1/
"We understand that Vice President JD Vance will hold a strategy session this evening at his residence with administration officials. Missing from this group is, of course, any survivor of the vicious crimes of convicted perjurer and sex trafficker Ghislaine Maxwell and Jeffrey Epstein." 2/
"Their voices must be heard, above all. We also call upon the House subcommittee to invite survivors to testify. As Virginia Roberts Giuffre’s siblings, we offer to represent her in her stead and we hope the administration takes our call to action seriously. 3/
NEW: House Oversight's subpoena to DOJ is incredibly broad. It calls for "all documents and communications relating or referring to ... Epstein or ... Maxwell and further relating or referring to human trafficking, exploitation of minors, sexual abuse, or related activity." 1/
In other words, it doesn't just encompass the investigative files but extends to communications between any DOJ officials and third parties, including Maxwell’s legal team or media outlets, with respect to the charged crimes and "related activity." 2/
And it is not limited to documents or communications from any given year or span of years. Rather, the subpoena expressly directs DOJ that the subpoena is “continuing in nature and applies to any newly discovered information.” 3/
NEW: As the Senate prepares to vote on Emil Bove’s nomination to the Third Circuit, two more whistleblowers have emerged, according to Whistleblower Aid and the Justice Connection. /1
As confirmed by a spokesperson for Senator Durbin, one of these whistleblowers — the one affiliated with Justice Connection, an organization by and for ex-DOJ staff, has provided evidence to Democratic staff of the Judiciary Committee. 2/
But according to two sources with direct knowledge, the other whistleblower, a former DOJ attorney represented by Whistleblower Aid, submitted a formal whistleblower complaint to DOJ’s Inspector General on May 2, more than six weeks before Reuveni’s letter was submitted. 3/
NEW: The Paul Weiss departures keep coming, this time with former U.S. Attorney for the Southern District Damian Williams exiting . . . for Jenner & Block.
Williams -- a former Garland & Stevens clerk who has never worked at a law firm other than Paul Weiss -- served as the U.S. Attorney throughout Biden's presidency and oversaw the prosecutions of Ghislaine Maxwell, Sam Bankman-Fried, Sean Combs, and, of course, Eric Adams.
Williams then was pilloried by Trump's DOJ for allegedly pursuing Adams for political reasons--a narrative wholly rejected by Judge Dale Ho after examining the record presented by DOJ in seeking Adams's dismissal.
NEW: While the Department of Justice issued a statement last night about the criminal charges against Rep. McIver, a spokesperson for her legal team confirms that it did not receive the charging document for until this morning, 12-plus hours later. 1/
DOJ policy, as embodied in the Justice Manual, is clear: "DOJ personnel shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress before charges are publicly filed." 2/
There are exceptions, including "[w]hen the community needs to be reassured that the appropriate law enforcement agency is investigating a matter, or where release of information is necessary to protect the public safety," but neither is relevant here. 3/