OK - now Trump v. Newsom, about deployments in LA, before Judges Bennett, Miller, and Sung. DOJ lawyer: there is a long history of courts not reviewing such decisions. Inner City Press will live tweet, thread below
Trump Verdict book: amazon.com/Trump-Trial-Ma…x.com/innercitypress…
DOJ lawyer: There was a smooth hand-off of forces.
Judge Bennett: Do you read in the District Court's decision a definitive statement of what should have been done? How does the US interpret the order?
DOJ lawyer: There was no technical violation here
Judge Bennett: Are the federal forces doing more than the state's proposed carve-out?
DOJ lawyer: Yes. They are protecting the Federal buildings and immigration enforcement personnel.
Judge Miller: On the Posse Comitatus Act-
DOJ lawyer: Not being violated.
Judge Bennett: That about the Tenth Amendment?
DOJ lawyer: There is not Tenth Amendment issue if the President was acting lawfully. I'd like to address the situation on the ground. The Santa Cruz declarations are crucial. On Fri June 6, a mob tried to obstruct.
DOJ lawyer: On June 7, one officer got a shattered wrist due to cement blocks being thrown. That was a week ago. There is still ongoing violence. The Federal building in LA has still be closed since June 9
Judge Bennett: Now counsel for the State and Governor of California.
CA lawyer: The only statute invoked here requires one of three requisites be met. But here for the first time in our history they circumvented the Governor. So the District Court acted
CA lawyer: A stay pending appeal would injure California and our country more broadly. It would defy our Constitution-
Judge Bennett: The Order says as long as the President can in some way or manner execute the laws of the US, he can't invoke the statute- right?
CA lawyer: The order need not be read that expansively
Judge Sung: If we were dealing with a blank slate I would tend to agree with you. But we are not.
CA lawyer: The determination about a foreign invasion implicates sensitive considerations, distinguishable
CA lawyer: We think this Court should be cautious about using older cases-
Judge Bennett: The Supreme Court tells us to follow their cases. Where in the jurisprudence of the Take Care clause required to have judicial review?
CA lawyer: From the third prong
CA lawyer: The President's unlawful mission on the streets of LA harm the state's use of its national guard to fight fires. It hurts our democratic traditions - not just 60 days, which could be extended further by Secretary Hegseth
DOJ lawyer (with reserved time) Here, the statute includes not only invasion but two other prongs, including domestic matters. It's still good law.
DOJ lawyer: We ask your Honors to grant out application for a stay pending appeal, or time to appeal to the Supreme Court.
Judge Bennett: Under advisement.
Adjourned
[Inner City Press will stay on these cases
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Judge: I don't see how we can proceed today.
AUSA: It is a more than one day thing?
Judge: Sounds like a one time thing. Mr. Agnifilo?
Combs' Agnifilo: Could we have a sealed sidebar so I can ask questions?
AUSA: Fine, sealed
[9:02 am, jury still not brough it, 2d juror issue?]
Judge: Anything before we bring the jurors in?
Combs' Agnifilo: Let's get Mr. Combs in.
Judge: I believe your client would like 10 minutes to review the materials
Agnifilo: Can I ask him that question?
Combs' Agnifilo: Mr. Combs waives his right to be present for the immunity application.
Judge: Let's proceed then.
[Brendan Paul takes the stand]
AUSA: Did you receive a subpoena?
Paul: Yes.
AUSA: Do you intend to invoke the 5th Amendment?
Paul: Yes
[before jurors brought in]
Judge Subramanian: I hope everyone had good weekend. The defense' motion for a Napue instruction to the jury, that witness Bongolan committed perjury. She was questioned at length on this. I deny the defense's motion. Now on Juror 6...
Judge: Last week the defense opposed further questioning of the juror. I took time to consider. The defense observes in its June 15 letter
[Here: patreon.com/posts/diddy-do…
OK - now US v. Sean Combs, Day 23, Part 3 trying with full comments back on after Ye left, many said Part 1 thread broken but try try against, Perez still on direct Inner City Press is covering: Week 4 book below, 5 later today; and will live tweet, thread below
[They're back. Before jury in]
Combs' Xavier Donaldson: Your Honor wanted us to address Juror Number Six?
Judge: We can do that another time.
AUSA Comey: After Mr. Perez we have exhibits to introduce so we can get our summary charts together over the weekend
Judge: All rise!
[Jurors enter]
AUSA Smyser: Mr. Perez, were you subpoenaed and do you have an immunity agreement?
Jonathan Perez: Yes
AUSA: Let me show you this - what is it?
Perez: Mr. Combs' Gucci pouch.
AUSA: What was in the Gucci pouch?
Perez: Drugs and money
OK - now US v. Sean Combs, Day 23, Part 2 with comments limited after many said Part 1 thread broken (by Ye?) Perez on direct Inner City Press is covering matthewrussellleeicp.substack.com/p/extra-sean-c……Week 4 book below, 5 later today; and will live tweet, thread below x.com/innercitypress…
AUSA: Mr. Perez, is this your text message?
Jonathan Perez: Yes. It's me, KK and Joey.
AUSA: KK asks, How is the set up going, how much longer do y'all need? What did you write back?
Perez: I wrote, I got fruits and shakes and will ask Jane about outfits
AUSA: Then KK asks, Is room done done yet? How did you respond?
Perez: I wrote, Room is done, now going to store.
AUSA: What store?
Perez: Adult store.
AUSA: Afterward, KK asks about clean up. Of what?
Perez: The room
[Before jury in]
Combs' Agnifilo: The Government's proposed witness for today does not know how the guns were moved and piled in the security room. He has no personal knowledge. We can him excluded.
Judge: He is not an expert witness. He is a fact witness.
AUSA: When he was at the premises, the guns were found in the security room. They can cross examine. There is nothing prejudicial-
Judge: It's not about prejudice. Mr. Agnifilo is going to object to every statement. That's the issue.