Govt's reply last night, asking Judge Cannon to stop Trump from claiming that FBI wanted to kill Trump & his family, gives details about Ricky Shiffer’s 2022 attack on an FBI hdqtrs & a more recent threat to an agent working on the Hunter Biden case... 1/9 bit.ly/45Dz9A4
... On 8/11/22, three days after the Mar-a-Lago search, Shiffer attacked an Ohio FBI office with an AR-15 & a nail gun. When FBI pursued him, he fired on agents & then engaged in a 6-hr standoff, per search warrant application appended to the reply.
/2
... Addressing Trump’s claim that Shiffer’s attack can't be linked to Trump, govt cites 8/8/22 Truth Social post, calling the search “political persecution,” & Shiffer’s Truth Social posts later same day, saying “this is it,” “I am proposing war,” & “Kill the FBI on sight.”
/3
... Shiffer then posts 29 more Truth Social posts the next day; 4 more on 8/10/22; and finally one last one during the shootout & standoff on 8/11/22, before he is killed. All sound the same themes: “Be ready for war tomorrow”; “Kill FBI on sight”; “call to arms.”
/4
... The govt reply also cites a TX man’s phone and text threats earlier this month to an FBI agent in the Hunter Biden inquiry. The man called the agent on the agent’s FBI-issued phone: “we’ll hunt you cock-suckers down & slaughter you” & “your whole f-ing family.” ...
/5
... Responding to Trump argument that the agents involved in the M-a-L search haven’t been ID'd, govt says they will be when they testify. Further, two agents have been, in fact, doxxed by a former Trump aide on Breitbart News, including names, DOBs, emails, etc.
...
/6
... The govt reply does not explain why it seeks modification in the terms of Trump’s release rather than a gag order fashioned more like those already upheld by the DC Circuit & NY appellate courts. This is just my speculation, but it might have something to do with ...
/7
... the fact that here the govt seeks mainly to protect the security of law enforcement agents rather than, mainly, the administration of justice (jurors, witnesses, court & prosecutorial personnel), though govt says the latter is also at stake. ...
/8
The govt is seeking 20 yrs imprisonment for Jan. 6 defendant Ryan Samsel (red box), who was the 1st to breach the restricted perimeter & then assisted in the 1st violent assault on Jan. 6, toppling the 1st bike-rack barriers, unleashing the riot. Some notes: ...
1/17
At about 12:53pm on J6, Samsel (red circle) & 4 codefendants lifted two linked bike-rack barriers & pushed them over at the Peace Circle, despite five USCP officers defending.
/2
Samsel (red circle) and a codefendant lifted & toppled this piece of the barrier (25-50 lbs) onto USCP Ofc Caroline Edwards (yellow arrow), who struck her head twice, once on a metal handrail & then again on the concrete steps. ...
/3
Hard to convey how frivolous Trump’s suit sounds. (It’s both a $10b suit, filed in Amarillo, TX, & an FCC complaint.) Trump calls one of Harris’ answers “a word salad.” CBS included it in a Face-the-Nation clip, but not the 60 Minutes segment. ... 1/6
... Face-the-Nation covered 1 topic; 60 Minutes covered many topics. Imagine if Harris sued Fox every time it excised a meandering Trump riff. Editors try to convey candidates’ positions on as many issues as concisely as possible, cutting wheat from chaff. ...
/2
... Trump’s sole cause of action is a TX deceptive trade practices law. (Similar theory in the Des Moines Register suit.) Obviously, CBS says 1st Amendment bars “holding CBS liable for editorial judgments the President may not like,” but that’s just the start...
/3
Judge Cannon’s order today usurps AG Garland’s power to decide whether & how the “public interest” requires making a special counsel report public. She does so by imagining an inconceivable sequence of four events that I’ll list here ... 1/7
... First, the real world: Once Trump is inaugurated, the case against Nauta/DeO will go away. Most likely Trump’s DOJ will just withdraw the current appeal of Cannon’s dismissal of the cases. Alternatively, Trump could pardon them. One way or another, they’re over. ...
/2
... But to help Trump deep-six Vol 2 of the special counsel’s report, Cannon imagines a chain of 4 events: (1) Trump lets the appeal of the Nauta/DeO dismissals go forward (unlikely); (2) the 11th Cir reverses Cannon’s dismissals & reinstates the cases (true, it would); ...
/3
IMHO, the chance of Jack Smith’s Vol II report, on US v Trump-SDFla, ever seeing the light of day is fading. The 11th Cir is showing no urgency about govt’s emergency motion to stop Judge Cannon; hasn’t even set a date for Nauta/DeO to respond. ...
1/5
... Cannon may yet also try to kill Vol I, about US v Trump-DC, but that’s harder, given that Nauta/De OIiveira have no standing to challenge it & that that case played out in DC where binding DC Cir precedent backs legitimacy of Jack Smith’s appointment. ...
/2
... But she’ll never let AG Garland release Vol II—even under seal until case against Nauta/DeO ends—because, under special counsel regs, it would also go (after confidentiality assurances) to, inter alia, Rep. Jamie Raskin & Sen. Dick Durbin ...
/3
The govt brief to the 11th Cir, opposing the Trump codefendants’ attempt to suppress Jack Smith’s Final Report, is convincing. Hard to see 11th Circuit intervening, except to vacate Cannon’s order & specify that, for now, she has no further role. ... 1/5 documentcloud.org/documents/2548…
As you’ve read, AG Garland, at Smith’s suggestion, will *not* be releasing Vol II (about the classified docs case) until the Nauta/De Oliveira case is over. He plans to publicly release Vol I (election case) and, importantly, ...
/2
... will provide Vol II, with confidentiality assurances, to the chairman & ranking members of Judiciary Committees of both chambers, pursuant to special counsel regs (28 CFR 800.9). That might include, inter alia, Jamie Raskin & Dick Durbin. ...
/3
There are some intriguing things in Trump's & his codefs' aggressive & menacing efforts to block AG Garland from releasing Jack Smith's 2-vol report. Here's Nauta/DeOliveira's attys' motion in SDFla + 12-page Trump attys' letter to AG Garland. ... 1/8 bit.ly/4gYkh4x
... Trump seems particularly concerned about “baseless attacks on ... anticipated members of ... Trump’s incoming administration” and a “tirade” in the report discussing how Musk’s X responded to the probe ...
/2
... Nauta & DeOliveira’s lawyers express concern about material that may “unreasonably & prejudicially disparage defense counsel in their handling of the case” ...
/3