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
Accused J6 pipebomber Brian Cole is claiming that he is entitled to release due to govt’s failure to obtain within the allotted time period either a proper grand jury indictment or a judge’s probable cause finding after a “preliminary hearing.” Odd situation. ...
1/10
Under Federal Rules, absent defense consent or “extraordinary circumstances,” you can’t detain someone > 14 days without a finding of probable cause, either by indictment or public preliminary hearing. Prosecutors prefer indictments because they’re secret. ...
/2
Cole has been in custody since 12/4 on a criminal complaint. His initial appearance was 12/5. The mag judge set a detention hearing for 12/15, but didn’t mention a preliminary hearing. Seems like everyone assumed the govt would indict Cole by 12/15—but it didn’t. ...
/3
Re USA v Abrego Garcia: A quick summary of what Judge Crenshaw’s newly unsealed order from 12/3 shows & means: He reviewed ~3,000 govt documents in chambers. Most were irrelevant, but he ordered a few dozen key ones turned over to defense. ... 1/7 storage.courtlistener.com/recap/gov.usco…
US Atty McGuire had previously sworn that he alone decided to indict Abrego Garcia. But emails show, per Crenshaw, that @DAGToddBlanche's Office told McGuire that indicting was a “top priority”; they wanted it “sooner rather than later”; & they even oversaw its content. ... 2/7
... Abrego’s vindictiveness claim hinges on timing. For 3 years the govt took no steps to charge him for his 11/30/22 traffic stop. It sent him to CECOT on 3/15/25 &, on 4/1/25, closed his arrest file. ...
3/7
Judge Crenshaw wants to make public his 12/3 ruling discussing the key role Dep AG Todd Blanche’s office played in deciding to prosecute Abrego Garcia. But Crenshaw is giving govt 'til 12/30 to appeal his rulings rejecting govt's atty-client & other privilege claims ... 1/4
Due to a redacting error in a defense brief, we already know that Crenshaw’s 12/3 ruling, still under seal, concluded that Blanche’s associate, Aakash Singh, played “a leading role” in deciding to prosecute Abrego. ... 2/4
In an effort to fend off Abrego’s vindictive prosecution claims, McGuire claimed he alone made the decision, and he was untainted by the vindictive motives attributable to Trump/Blanche. (Just like Halligan claiming that she, not Trump, decided to pursue Comey & James.) ...
3/4
In sealed order issued 12/3, Judge Crenshaw found that @DAGToddBlanche's deputy, Aakash Singh, played a “leading role in the govt’s decision to prosecute” Abrego Garcia. Abrego’s attys’ failed to redact that language in a brief, correcting the error shortly thereafter... 1/2
... The DAG office’s role, Abrego’s attys argue, conflicts with multiple assertions from US Atty McBride, who initially claimed that the Office of DAG was "not involved.” Later, when DAG's role emerged, McGuire said said it was just “appropriate oversight.” ...
/2
Today’s Third Circuit ruling that Alina Habba was unlawfully appointed casts doubt on @AGPamBondi 's back-up theory for Halligan—the notion that Bondi could appoint her a “special atty” (under 28 USC § 515) who could do everything a US atty could. ... 1/4
... The situations were not identical. Halligan’s original appt was under 28 USC § 546; Habba’s was under Federal Vacancies Reform Act. Still, key gist—that a “special atty” appt under § 515 can’t circumvent Congress’s more specific statutory scheme—is the same. ... 2/3
... Anticipating this, Bondi alternatively appointed Halligan under § 515 as, in effect, a hand-picked prosecutor for just Comey & James (left). That might stand. But it would strengthen Comey’s & James’s claims (right) that their prosecutions are vindictive & selective. ... 3/3
If you read the precedents Abrego Garcia is citing in seeking release from detention, you begin to realize the unreported horrors Trump's DHS/ICE is quietly committing throughout the country. Take Zavvar v Scott, for instance. ... 1/7 law.justia.com/cases/federal/…
Reza Zavvar, 52, came to the US from Iran when he was 12 (so 40 yrs ago). He was granted asylum & permanent residence. Then, in the 1990s, when he was in his 20s, he had 2 misdemeanor convictions for possession of pot. ...
/2
In 2004, because of those, the GWBush Adm got an order of removal against him, but removal to Iran was withheld because of threats to his life or freedom there. He was then allowed to live & work in MD without incident *for nearly 18 years.* ...
/3