Margot Cleveland Profile picture
Senior Legal Correspondent @FDRLST, Of Counsel @NCLALegal, ~25 yrs 7thCir law clerk, former full-time univ. faculty, Catholic conservative, wife to DH/mom to DS
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Jan 19 5 tweets 1 min read
My current thoughts re Trump & TikTok: Trump isn't an ideologue or a constitutionalist--he's a negotiator and a good one, which will help Make America Great Again. And in negotiating, re TikTok he is taking big picture view of how to strengthen America v. China. 1/ 2/ Trump absolutely lacks authority to amend statute by EO or anything else. But Trump isn't going to let the niceties of separations of power stop him. Republicans should not pretend President can amend statute any more than he can amend constitution.
Jan 14 5 tweets 3 min read
🚨🚨🚨BREAKING: And Trump is back in the fight filing supplement asking Judge Cannon to maintain the status quote & hear his Motion on Friday. 1/ Image
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2/ Full Motion: Image
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Jan 13 4 tweets 1 min read
🚨🚨🚨: BREAKING. New order in Cannon case. Image 2/ Enjoins release of Vol. II but NOT Vol. I. No mention of Clark or other interests. Will she enter a second order soon? @JeffClarkUS and @HarryMacD might not want to risk & immediately file complaint w/ TRO to stop Vol. I especially given Arizona.
Jan 13 10 tweets 3 min read
🚨🚨🚨BREAKING: Co-Defendants' in Trump's classified document case just filed reply brief in support of injunction. 🧵1/ 2/ Link: storage.courtlistener.com/recap/gov.usco…
Jan 13 6 tweets 2 min read
THREADETTE: During tonight's Space hosted by @McAdooGordon with @shipwreckedcrew & @KingMakerFT Leslie highlighted something I had missed: While I believed Judge Cannon had not ruled on Defendants' Motion for an Injunction, believing instead she entered temporary injunction 1/ 2/ to keep report from being released pending resolution of everything & in deference to what 11th Cir. might say. Well, as Leslie pointed out, Cannon expressly stated that Defendants' Motion for Injunction remained pending, here. Note docket 679 was the emergency Motion. Image
Jan 12 35 tweets 15 min read
🚨🚨🚨BREAKING (cont.): As I reported last night, in response to inquiry, attorney for @JeffClarkUS, Harry MacDougald, @HarryMacD, stated he had filed a Motion for Leave to File Amicus Brief in Judge Cannon's D.Ct., & proposed Amicus Brief. This is HUGE. 🧵1/ 2/ Even more-so because DOJ this morning filed response stating nothing in Vol. I of Special Counsel report has anything to do w/ Trump's 2 co-defendants in classified document case. Here is link to full filing which I bought & recapped so all have access storage.courtlistener.com/recap/gov.usco…
Jan 12 10 tweets 3 min read
🔥🔥🔥BREAKING: Huge news re case re release of Special Counsel report case. In response to my inquiry, attorney for @JeffClarkUS informed me that he has filed with clerk Motion for Leave to File Amicus Brief. 🧵1/ 2/ As backdrop: You cannot file on a docket if not a party, so you have to provide to clerk who then does the filing. So, not publicly up yet, but I have reviewed and it is 🔥🔥🔥. Several points:
Jan 11 5 tweets 1 min read
🚨🚨🚨Judge Cannon enters order. 2/ Image
Jan 11 8 tweets 2 min read
🚨🚨🚨BREAKING: As I predicted, DOJ filed opposition to Defendants' request to extend injunction barring release of Special Counsel report, arguing with appeal filed in 11th Cir., D.Ct. (Cannon's court lacks jurisdiction.) 🔥🔥🔥Here's solution. 1/ Image 2/ @realDonaldTrump @JeffClarkUS @DavidShafer immediately file putative class action (civil) for violation of their due process rights & for DOJ acting ultra vires, in S.DCt. of Florida, seeking TRO, and also immediately file in criminal case motion to consolidate.
Jan 11 6 tweets 2 min read
🚨🚨🚨Another amicus brief was filed in 11th Cir. yesterday by attorney's for Jeff Clark making extremely significant point. 1/ 2/ The same reasons DOJ agreed not to release Vol. II should prevent it from releasing Vol I. Release of Vol II will impact due process rights of Trump's co-defendants. Release of Vol I will impact due process rights of Clark, who continues to be target of lawfare.
Jan 11 11 tweets 2 min read
🚨🚨🚨BREAKING: DOJ files Emergency Motion in 11th Cir. for "summary reversal" of Cannon's 3-day injunction that is set to expire on Monday. 1/ 2/ The efforts DOJ is taking to "get Trump" on way out door is insane!!! Cannon's temporary order will expire on Monday!!! Yet DOJ filed an "Emergency Motion" on Saturday & court is closed for Sat. & Sun. This isn't an impending execution--as much as Dems wish it were!
Jan 11 10 tweets 2 min read
An additional development in litigation over release of Special Counsel report. Full play-by-play to this point below. Since then Defendants' attorneys rightfully filed a Motion to Strike or to Deny relief sought in a "notice" filed by Florida AUSA. 1/ 2/ After 11th Cir. ruled yesterday, when it denied injunction but refused to strike Cannon's injunction & said DOJ could appeal that if it wanted, DOJ filed a so-called "Notice" which really asked 11th Cir. to reconsider its decision. Totally improper.
Jan 10 11 tweets 3 min read
🚨🚨🚨CALLED IT. Developments in Special Counsel report case. 1/ 2/ Defendants just filed motion seeking either stay or extending injunction. (Bought and uploaded to Courtlistener) here: storage.courtlistener.com/recap/gov.usco…
Jan 10 13 tweets 3 min read
THREAD: Quick summary of AG Garland & "Special Counsel" Smith's efforts to burn Trump by releasing report trashing Trump & some of his appointees before Biden leaves off. 1/ 2/ Background: Judge Cannon held Smith's prosecution violated Appointment's Clause of constitution & dismissed case. Smith appeals. After Trump won, Smith dismissed appeal against Trump, leaving Cannon's dismissal of indictment re Trump in classified document's case final word.
Jan 10 8 tweets 2 min read
Solomon is correct that 11th Cir. denied request for injunction to bar release of Special Counsel report and that they let stand Cannon's injunction that ends in three days. BUT significantly 11th Cir. did not say Cannon lacked jurisdiction to enter injunction. 1/ 2/ Everyone is assuming the 3 days was to let Defendants appeal to Supreme Court, but that's not what Cannon said. She entered injunction to allow "orderly and deliberative sequence of events." Image
Jan 10 4 tweets 1 min read
🚨🚨🚨BREAKING: And on Special Counsel Report a win for Trump. 1/ Image 2/ Eleventh Circuit refused to grant a stay, which is what Trump's co-counsels sought before the 11th Circuit, BUT already obtained one in the district court from Judge Cannon. The 11th Cir. told DOJ/Smith to file a notice of appeal if they want to challenge her injunction.
Jan 9 16 tweets 4 min read
🚨🚨🚨Fromer AG Meese & Professor Calabresi file amicus in Trump's petition to Supreme Court for Stay. Denying stay just got that much harder. 2/ Link: supremecourt.gov/docket/docketf…
Jan 9 5 tweets 2 min read
😡😡😡THREADETTE: I cannot convey in words how angry I am from latest hit on Alito and Trump. It is bad enough legacy media non-lawyers are spewing such nonsense, but well-respected @howappealling's Howard Bashman knows betters!! FIRST, 1/ 2/ the headlines are all extremely deceiving connecting that Alito spoke with Trump to Trump's case as opposed to stating that Trump called to get a reference from Alito.
Jan 9 5 tweets 1 min read
🚨🚨🚨BREAKING-ISH: DOJ says Special Counsel will not release publicly Volume Two of report that addresses classified document case but only make available to top R. & D of judiciary committee if they agree not to make public. 1/ Image
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2/ I'd still want injunction to make leaks subject to contempt.
Jan 8 15 tweets 3 min read
THREADETTE: A few thoughts here. As I noted before, I thought Trump might try to leap-frog over some of NY higher courts and makes sense b/c of limited timing that he did so. To lawsplain why this can go to Supreme Court. 1/ 2/ While this case is in state court system & Trump is seeking stay of his sentence on a state crime, his arguments for stay rest on federal law. U.S. Supreme Court is final arbiter of federal law.
Jan 6 17 tweets 4 min read
🚨🚨🚨THREAD:. Trump files appeal challenging Merchan's denial of motion to vacate jury verdict & dismiss indictment based on immunity, arguing that filing of such an appeal automatically stays Friday's sentencing hearing. 1/ 2/ ICYMI I discussed Merchan's crazy suggestion that unconditional discharge would be an appropriate sentence after Democrats' lawfare argued Trump is evil personified @fdrlst thefederalist dot com. Image