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Roger Parloff Profile picture
@rparloff
Jun 22 • 9 tweets • 4 min read • Read on X
Scrolly
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
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... 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.
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... 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.”
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... 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 Image
... 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 Image
... 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 Image
... 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 Image
... Full USA reply motion is here:
Shiffer search warrant here:
Shiffer’s Truth Social posts here:
Fed criminal complaint against TX man is here:
/9-endbit.ly/45Dz9A4
bit.ly/4eyK2Hw
bit.ly/3Xvdubu
bit.ly/45DAdUO

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More from @rparloff

Roger Parloff Profile picture
Nov 3
I’ll unpack here my unintelligible thread from last night about Judge Howell’s ruling on the scope of the felony charge “obstruction of an official proceeding” (18 USC 1512c2) after Fischer v US. It impacts many Jan. 6 cases but has only minor impact on US v Trump, IMHO ...
1/18
... The ruling concerns two Proud Boys, Nick DeCarlo & Nick Ochs, who pleaded guilty to 1512c2 in 2022 to satisfy an indictment alleging 2 felonies & 4 misdemeanors. After SCOTUS narrowed the scope of 1512c2 last June, they petitioned for release ...
/2
... In Fischer, SCOTUS held that the law doesn’t apply to rioters who obstruct a hearing by force. It only applies to those who obstruct a hearing (or try to) by “impairing” the “integrity” or “availability” of docs to be used at a proceeding. ...
/3
lawfaremedia.org/article/the-ju…
Read 19 tweets
Roger Parloff Profile picture
Oct 29
NBC asks Judge Chutkan for right to televise US v Trump immunity determination hearings in DC, which "go to the strcuture of American democracy" & “may be [among] most important arguments ever made before any US court.” ...
/1 Image
... NBC argues that American public has "extraordinary interest" in seeing hearings involving allegations that Trump, "a current nominee for reelection to the Presidency, sought to destroy our nation's democracy for personal benefit." ...
/2 Image
... "The public should be permitted to see & hear the argument ... that will determine who is subject to the law, and to what extent." ...
/3 Image
Read 7 tweets
Roger Parloff Profile picture
Oct 27
Regarding @WashingtonPost owner @JeffBezos’s blocking the paper’s endorsement of Kamala Harris, this thread aims to flesh out Trump’s history of attacks on Bezos & show how Trump’s past unchecked abuses are already chilling free speech ...
1/16
nytimes.com/2024/10/27/bus…
... In 2019, the cloud computing unit of Bezos’ Amazon, known as AWS, sued the Defense Dept. It alleged that Trump used “improper pressure” to steer a $10bn DoD contract away from AWS to punish Bezos for the Post’s tough coverage of him ... ...
/2 bit.ly/3YnbPDNImage
... I wrote about the suit in @YahooFinance at the time here . But the tl:dr is as follows.
Because of probing Post coverage, in Feb 2016, candidate Trump vowed to “screw Amazon” if he won. “They’re going to have such problems.” ...
/3 yhoo.it/3eoCFDtImage
Read 16 tweets
Roger Parloff Profile picture
Oct 20
DOJ must make a sensitive decision soon. On Thurs., accused would-be Trump assassin Ryan Routh moved to recuse Judge Aileen Cannon in his case. Does DOJ oppose—undercutting notions of reassigning the US v Trump (MaL) case? Support? Take no position?
1/7
 bit.ly/40iF6SmImage
... DOJ knows that criminal defs are constantly trying to judge-shop. Recusal standards are & need to be high. Trump himself has tried to recuse USDJs Chutkan (DC) & Kaplan (SDNY, in E Jean Carroll cases), as well as Engoron, Merchan, & Willis in state courts. ...
/2
... It’s clear that a judge’s appointment by a prez who’s a party is not disqualifying. Chief Judge Pryor (11th Cir) has already said so in rebuffing an ill-conceived write-in campaign to oust Cannon from US v Trump for “misconduct.” ...
/3 bit.ly/3YgZgcWImage
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Read 7 tweets
Roger Parloff Profile picture
Oct 18
Judge Chutkan’s pithy line below is the definitive answer to Trump & critics (including @eliehonig & @lawfare’s own @jacklgoldsmith ) who’ve suggested that DOJ’s “60-day rule” militates against releasing the redacted appendix. I’ll return to Chutkan's line momentarily. ...
1/18 Image
In a nutshell, Trump et al are wrong. The rule focuses on “overt investigative actions” or filing of charges. Trump’s DC indictment was filed on Aug 1, 2023, which was 462 days before the election. ...
/2
The “60-day rule” is unwritten. In 2018, the DOJ inspector general summarized it below. Yes, it’s fuzzy around the edges. But it unmistakably focuses on “overt investigative actions,” meaning actions *before* charges have been brought that are apt to become public ...
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Read 19 tweets
Roger Parloff Profile picture
Oct 16
In US v Trump (DC), the govt explained today why Fischer v US doesn’t require dismissal of the two obstruction-of-an-official-proceeding counts (18 USC 1512c2). Govt says Trump’s false elector scheme is “falsely creating evidence,” which SCOTUS said is still covered. ...
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Remember that Fischer v US narrowed the definition of 1512c2. It now only reaches defendants who obstruct by try to impair the “integrity” or “availability” of docs or objects being used at a proceeding. Full explanation below: ...
/2
lawfaremedia.org/article/the-ju…
... In his filing today, Jack Smith likens Trump’s scheme to a precedent (the Reich case) that SCOTUS said 1512c2 would still cover. There, a defendant had forged a court order to trick an opposing party into taking action in his favor. ...
/3 Image
Read 9 tweets

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