🧵So, the entire "Prohibited Access" revelation prompted me to pull up the transcript from former Pittsburgh U.S. Attorney Scott Brady's closed-door testimony. Brady you'll recall was charged with screening evidence re Ukraine corruption, i.e. Biden family pay-to-play. 1/
2/ I've been pondering how FBI can actually do a thorough investigation given Prohibited Access functionality & immediately thought of that screening b/c same FBI supervisor Tim Thibault involved in Nellie Ohr case w/ Prohibited Access documents at issue involved in investigation of Biden.
3/ More I read of that release from Grassley the more I think that the "restricted access" referenced was actually "Prohibited Access" but that no one "got" that there were 2 different categories & difference was with Prohibited Access you couldn't even see that a file existed.
4/ Re-read point 3 above as I think that might be a huge forthcoming revelation. But returning to the Brady investigation of Ukraine corruption: Brady testified he asked FBI to review their holdings.
5/ The FBI agents doing that review, though, would NOT have access to the "Protected Access" subfiles so a review of the holdings would show NOTHING existed, even if it did!!
6/ Let this sink in for minute: United States Attorney General directed United States Attorney to oversee vetting of evidence of corruption related to Ukraine, including of presidential candidate, but FBI agents running search queries in Sentinel weren't getting accurate results.
7/ Sentinel would return "no documents" to search queries when in fact there could be documents that were within the "Prohibited Access" area. And this is NOT like "restricted access" where FBI would know they exist & would seek access, they'd believe there were no documents.
8/8 Folks, this scandal is
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🚨🚨🚨BREAKING: Another Trump win on appeal with D.C. Circuit vacating preliminary injunction. Order isn't loading yet so details to follow. 1/
2/ Here's what the case is about:
3/ And this isn't one of the cases where things were stayed, meaning this decision now frees the Trump Administration to get back to work. The court had originally stayed a portion of the injunction, allowing Trump to fire folks but then Plaintiffs claimed Trump didn't make individualized assessment so Court of Appeals decided it wasn't going to get into that morass and just said Trump can't fire anyone (it shouldn't have and I believe one of the judge's dissented on that cop out).
2/ So as background this is the consolidated (joined) cases involving USAID where the district court originally ordered payment of millions within like 36 hours and Justice Roberts granted an administrative stay and then said basically redo so it is feasible.
3/ The judge sorta redid and Trump has been complying, i.e., there was no stay in place so this is a WIN. Trump has also sought dismissal which should be granted based on this decision. AND the plaintiffs sought to enforce AND to depose to enforce so the ruling will 86 that!
THREADETTE: ⬇️is my play-by-play of 9th Cir. decision. Top-line: Loss to Trump AND horrible opinion b/c law is clear that "reasonable suspicion" depends on totality of circumstances & yet court prevents ICE from considering totality of circumstances. 1/
2/ District court had actually allowed for that by including "expected as permitted by law," which the 9th Cir. struck. 9th Cir. THEN, after saying ICE could consider other circumstances, actually altered injunction's language of "presence at a particular location"
3/ THIS is what 9th Cir. said was enjoined: that "whether that be a random location . . . or a location selected 'because past experiences have demonstrated that illegal aliens utilize or seek work at these locations, . . ." That ADDED a limitation of a circumstance ICE CAN consider in totality of the circumstances.
🚨🚨🚨BREAKING: 9th Cir. denies Trump Administration stay regarding district court's efforts to micromanage ICE "except as to a single clause" but that single clause is what allowed ICE to do it's job! Still reading so clarity to follow. 1/
2/ As I noted before one of the problems with the court's injunction is that you can't enjoin a situation where the situation depends on all of the facts and circumstances, for instance, if a voluntary encounter which needs no reasonable suspicion.
3/ On that point: That is exactly what the training is. You can see from this language the specific details needed to know whether there is or isn't reasonable suspicion.