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

May 30
NEW: The Trump administration has conceded that it improperly deported another Salvadoran man in violation of a court order — blaming a "confluence of administrative errors."

The man's lawyer plans to demand his return.

politico.com/news/2025/05/3…Image
Jordin Melgar-Salmeron had a criminal record — he pleaded guilty in 2021 to possessing an unregistered gun — but his deportation had been on hold since 2024 amid broader Biden-era litigation.

The Trump admin sought to speed his removal last month. politico.com/news/2025/05/3…
DOJ had assured a federal appeals court court that Melgar-Salmeron wouldn't be deported before May 8-9. But after the court issued a May 7 order blocking his deportation, ICE put him on a plane just minutes later and told the court he was gone.
politico.com/news/2025/05/3…Image
Read 4 tweets
May 28
BREAKING: Federal court says Trump exceeded his authority to impose tariffs under IEEPA. storage.courtlistener.com/recap/gov.usco…Image
NEW: Trump's latest legal rejection comes from the U.S. Court of International Trade, which ruled his tariffs in response to "national emergencies" were illegal. politico.com/news/2025/05/2…Image
The three-judge panel that ruled against Trump? Appointees of:

-Obama
-Reagan
-Trump

politico.com/news/2025/05/2…
Read 4 tweets
May 16
HERE WE GO: Latest hearing in Kilmar Abrego Garcia's case is underway with Judge Xinis on the bench.
XINIS says she intends to do as much of this in open court as possible, despite discussion of privileged materials. they can use the husher/phones if they need to reference confidential info, she notes.
XINIS signals frustration with the Justice Department for not making available officials with firsthand knowledge of Abrego Garcia's status and efforts to facilitate his return, despite her order. She notes the depositions were crammed with "I don't knows" from the witnesses.
Read 7 tweets
May 10
NEW: Federal judges across the country are increasingly warning of a due process crisis caused by President Donald Trump’s deportation blitz.

Their message: If we eliminate due process for the ‘least’ of us, Americans could be next.

politico.com/news/2025/05/1…Image
The judges’ message has sharpened amid Trump’s increasingly aggressive effort to short-circuit due process for those he deems. And it’s coming from judges appointed by presidents of both parties — including Trump himself.

politico.com/news/2025/05/1…Image
Trump has questioned whether he owes a constitutional right of due process to those he deems gang members or terrorists. His aides say they’re following the constitution and that Trump’s electoral mandate to carry out mass deportation should win the day. politico.com/news/2025/05/1…Image
Read 4 tweets
May 7
HAPPENING NOW: Judge Boasberg is pressing DOJ about Trump's comment that he could pick up the phone and have El Salvador send back Abrego Garcia. Doesn't that mean U.S. effectively has custody over deported migrants, he's asking?

DOJ LAWYER ABISHEK KAMBLI:
“That goes toward the president’s belief about the influence that he has.”

"Influence does not equate to constructive custody."
JEB: “Is the United States paying El Salvador to house these migrants?”

KAMBLI: “There is no agreement or arrangement whereby the United States maintains any agency or control over these prisoners.”

JEB: But there’s a formal notice of a $4.76 million grant to El Salvador dated March 22

KAMBLI: There were grants that were made to El Salvador for law enforcement and anti-crime purposes that can be used.
MORE: Boasberg pins down DOJ lawyer on whether the Supreme Court upheld Trump's invocation of the Alien Enemies Act (it didn't) as Trump and his aides falsely claimed.

JEB: "The Supreme Court did not decide one way or the other about the validity," he notes.

KAMBLI, reluctantly agreeing, says "It did have that line that ... they did not analyze that precise issue."
Read 4 tweets
May 2
In late night filing, Trump administration advances new legal arguments re: Alien Enemies Act.

1) U.S. has no “enforceable” agreement with El Salvador to retain custody over deported migrants. storage.courtlistener.com/recap/gov.usco…Image
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2) “Vague” statements by U.S. officials about paying El Salvador for detention of deportees are not enough. storage.courtlistener.com/recap/gov.usco…Image
3) 24 hours is more than adequate notice to satisfy due process requirements for AEA deportations

4) Trump’s public statements shouldn’t be treated as official justifications for the administration’s AEA policies.
storage.courtlistener.com/recap/gov.usco…Image
Image
Read 5 tweets

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