Kyle Cheney Profile picture
Oct 2, 2024 35 tweets 14 min read Read on X
BREAKING: Judge CHUTKAN has unsealed Jack Smith's 165-page redacted motion re presidential immunity. Read it here: storage.courtlistener.com/recap/gov.usco…
NEW DETAILS FROM JACK SMITH

1) A Trump campaign employee and alleged coconspirator sought to foment chaos at the TCF ballot processing center in Detroit. storage.courtlistener.com/recap/gov.usco…Image
2) Trump sidelined his campaign leal team on Nov. 13, putting RUdy Giuliani (CC1) in charge because he was willing to lie about the election results. Image
2) Pence told Trump he saw no evidence of outcome-determinative fruad. They had MANY conversations, some detailed in Pence's book, which prosecutors cite. Image
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3) Smith says he plans to prove at trial that Trump and his alies made up claims about noncitizen voters out of whole cloth. Image
4) Trump repeatedly promised to "package up" and provide evidence to Gov. Ducey, Gov. Kemp and Rusty Bowers re: election fraud but never did. Image
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Broke the thread earlier. Here is the rest of it:
6) A U.S. senator (P27) helped facilitate a Dec. 8 call between Trump and Georgia AG Chris Carr. Image
7) Trump clearly addressed Carr as a political candidate, per Smith's filing, saying "we're running out of time," talked about the Georgia runoffs and electing Loeffler/Perdue. He told Carr not to lobby other AGs against signing onto a Supreme Court amicus brief. Image
8) Trump asked RNC chairwoan Ronna McDaniel to meet with Michigan GOP leaders but she said she coudln't because it could be considered lobbying.

Trump dialed her in anyway. Image
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9) Rudy tried to text a Michigan GOP leader a proposed resolution declaring the election in dispute -- but he sent it to a wrong number. Image
10) On Nov. 20, Trump muted his phone while Sidney Powell was talking and mocked her repeatedly, calling her claims "crazy" and making a Star Trek reference. Image
11) Ronna McDANIEL told turp she would not promote a report claiming Dominion voting machines had been manipulated in Michigan's Antrip county, in part because she had been told the report was "fucking nuts." Image
12) Ken Chesebro (CC5) was instructed by co-conspirator 6 to only communicate by text with him and John Eastman. Image
13) Smith provides details of private texts and conversations Trump was having with alleged co-conspirators just around Christmas, all related to the pressure campaign against Mike Pence. Image
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14) Trump spoke to Bannon on Jan. 5 less than two hours before Bannon predicted on his War Room podcast that "all hell is going to break loose" on Jan. 6. Image
15) When Trump allies learned that Pence's lawyer, Greg Jacob, had refused to back up their plan to subvert the election, Bannon (P1) responded, "Fuck his lawyer." Image
16) ! Trump was *alone* in the Oval Office dining room when he tweeted his attack on Pence, prosecutors say, even as the Fox News broadcast he had on made clear the Capitol had been breached and was locked down. Image
17) Smith lays out more details of Giuliani's effort to lobby lawmakers to continue challenging election results even as the Capitol remained locked down and police were clearing the building. Image
NEWS: Jack Smith reveals his most detailed and damaging evidence of Trump's scheme to subvert the 2020 election, from repeating fraud claims he knew to be false and tweeting his Jan. 6 attack on Pence while alone in a WH dining room.

w/ @joshgerstein

politico.com/news/2024/10/0…
Jack Smith says Trump made knowingly false claims about election fraud in 2020.

Trump, responding to the new filing, makes knowingly false claims about why this document was released today.

(It was filed on Sept. 26 and unsealed by Judge Chutkan — not DOJ — today) Image
MORE: WHen Trump was informed that Pence was taken to a secure location during the Jan. 6 violence — just minutes after Trump had attacked him in a tweet — Smith says Trump's response to an aide was "So what?" Image
Smith plans to introduce evidence fome an FBI forensic examiner showing Trump's phone use on Jan. 6 —- and tha the was using the Twitter app consistently throughout the day after his speech. Image
Per Smith, Trump told Ivanka and Jared Kushner: "It doesn't matter if you won or lost the election. You still have to fight like hell." Image
MORE DETAILS: Per Smith's filing, Trump told Eric Herschmann that he would only pay Rudy if he succeded, Herschmann assured him he would never have to pay Rudy anything. Trump laughed and said "We'll see." Image
John EASTMAN (CC2) told Rusty Bowers to call the legislature back into session — even though he didn't have legal authority to do so — and "let the courts sort it out," per Smith Image
NEW: Here are some of the most striking and notable details in Jack Smith's new filing revealing previously unreleased evidence about Trump's effort to subvert the 2020 election.

w/ @joshgerstein

politico.com/news/2024/10/0…Image
MORE: Rudy Giuliani (CC1) orchestrated the ouster of RNC legal counsel Justin Riemer (P43), after Riemer contradicted his claims of fraud.

Others: Justin Clark (P3), Eric Herschmann (P9) Jenna Ellis (P12), Ronna McDaniel (P39) Image
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Former Rep. Thomas Marino (P57) dropped out as a Trump elector designee because he thought the false elector plan was illegal, Smith says. Image
When PA electors resisted signing documents without a caveat, Trump campaign aides (including Jenna Ellis, P12) mocked them. "Whoever selected this slate should be shot," one of the aides said. Image
NOTABLE: Jack Smith suggests Trump "resumed" daily converastions with Steve BANNON (P1) around the time his focused turned to pressuring Pence. Bannon's purported role is detailed more granularly here than anywhere else. (He's currently in jail for defying J6 committee subpoena) Image
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IMPORTANT: Here is a clear example of Jack Smith breaking executive privilege (left) where the Jan. 6 committee could not (right).

Trump asked Pat Cipollone (P59) to *leave* the Jan. 4 meeting with John Eastman, per Smith. Cipollone wouldn't discuss that moment with Congress. Image
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By pushing Cipollone out of the room, Trump ensured that Pence did not hear a dissenting voice (at least from the Trump side) on whether Eastman's plan to block Biden's Electoral College win could work.
MORE: Jack Smith says Trump sent or directed the sending of all tweets form his @ realdonaldtrump account -- and other than him, only Dan Scavino (P45) had access to the account. Image
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Smith plans to call Scavino at trial to discuss Trump's Twitter habits. Image

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More from @kyledcheney

Jan 29
Judges around the country are eyeing what's happening in Minnesota. In a ruling freeing a detained immigrant here, Judge Goodwin of West Virginia said he couldn't ignore the crises in MN.

"Constitutional rights do not only protect persons when a lawsuit has been filed. storage.courtlistener.com/recap/gov.usco…Image
Judge Traynor becomes latest in a vanishingly small -- but steadily growing -- minority of judges to side with the Trump administration's mandatory detention policy. He says it's a "sorrowful conclusion" to remove a law-abiding man from his family.

Notably, Tryanor -- a North Dakota-based Trump appointee -- is apparently handling cases in Minnesota due to the immense backlog of habeas petitions.

storage.courtlistener.com/recap/gov.usco…Image
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UPDATE: Another judge in Minnesota, Reagan appointee David Doty, rules a detention by ICE illegal — and threatens contempt for a failure to return the man to Minnesota. storage.courtlistener.com/recap/gov.usco…Image
Read 9 tweets
Jan 26
HAPPENING NOW: Minnesota v. Noem hearing is underway before Judge Menendez, who will weigh whether to order an end to Operation Metro Surge. AG Keith Ellison is at counsel table for the state.
Lawyer for the state, Lindsey Middlecamp, begins by demanding immediate end to "unlawful and unchecked invasion" by federal agents. She cites the Alex Pretti killing and says things are escalating, not improving.
Middlecamp says AG Bondi's letter to the state amounted to a "ransom note" and that messages from her and President Trump amounted to an unconstitutional attempt to coerce the state to change its policies.
Read 16 tweets
Jan 25
Since July, I've tracked at least 2,300 cases in which federal judges have ruled ICE has illegally detained people without bond or due process.

This is one that stands out:
storage.courtlistener.com/recap/gov.usco…Image
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Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…Image
Image
Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…Image
Read 15 tweets
Jan 15
HAPPENING NOW; Judge Young is picking up where he left off in his remarkable opinion describing an unconstitutional scheme to arrest/deport pro-Palestinian activists in violation of their constitutional rights:

"There was no policy here. What happened here is an unconstitutional conspiracy to pick off certain people, to twist the laws."

"Two cabinet secretaries conspired ... they intentionally, knowing what they were doing, counseled by professionals who cautioned them, nevertheless went ahead to pick off these people with the intention that your clients would be chilled. And did so rather effectively, by the way."
YOUNG: "The big problem in this case is that the cabinet secretaries and ostensibly the president of the United States are not honoring the First Amendment."
YOUNG, speaking of Secretary Rubio and Secretary Noem: "These cabinet secretaries have failed in their duty to uphold the constitution."
Read 4 tweets
Jan 13
HAPPENING NOW: In federal court in MN, DOJ is struggling to articulate why a person following an ICE vehicle — so long as they are obeying traffic laws — can be stopped for "reasonable suspicion" of a crime.

Judge Menendez sharply questioning that contention.
Judge Menendez has not tipped her hand entirely yet but she seems concerned that DOJ provided no firsthand evidence to counter the specific, evidence-backed claims by protesters that they were arrested / seized in retaliation for First Amendment speech.
Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat.
Read 6 tweets
Jan 11
BREAKING: A day after the Minneapolis shooting, Secretary Noem quietly signed a new policy barring congressional visits to ICE facilities without a week's advance notice.

s3.documentcloud.org/documents/2646…Image
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NEW: ICE's renewed block on unannounced congressional vists comes a month after a judge struck down a similar policy.

But the new version is tailored to sidestep that ruling by relying only on funds from the "One Big Beautiful Bill Act."

politico.com/news/2026/01/1…
Judge COBB's original ruling did concede that if DHS used only One Big Beautiful Bill Act funds to manage lawmaker visits, her ruling might change.

But the timing of Noem's new policy is notable: one day after Renee Good's death roiled the nation. politico.com/news/2026/01/1…Image
Read 5 tweets

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