Kyle Cheney Profile picture
Senior legal affairs reporter for @POLITICO with a focus on Jan. 6, democracy and the balance of power in government. Tips: kcheney@politico.com NY ➡️ BOS ➡️ DC
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Sep 5 24 tweets 3 min read
It’s been nearly a year since there’s been any courtroom action in Donald Trump’s criminal case here in Washington. That changes today.

Stay tuned for updates—> Image HAPPENING NOW: 10 minutes to go, the lawyers have begun assembling in the courtroom. For Trump: Todd Blanche, John Lauro, Emil Bove.
Aug 27 10 tweets 7 min read
NEW: I just reviewed 50 *more* minutes of unaired footage documenting Nancy Pelosi’s actions on Jan. 6-7 — and these are the most revealing yet.

They include her entire 10 minute evacuation during the violence and her senior staff meeting the next day.

politico.com/news/2024/08/2…
Image 1) An exhausted Pelosi, after successfully certifying Biden’s victory, praised Mike Pence before saying Trump had to “pay a price” for what he did to the Capitol and country. politico.com/news/2024/08/2…
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Aug 27 6 tweets 3 min read
BREAKING: A grand jury has returned a superseding indictment against Donald Trump in Washington, D.C. retaining the same four core charges against him for trying to subvert the election. Image Read the superseding indictment here: storage.courtlistener.com/recap/gov.usco…
Aug 6 4 tweets 2 min read
JUST IN: It appears that Loraine Pellegrino — one of 11 Arizona Republicans who acted as false electors for Trump — has pleaded guilty to a reduced state charge, per new filings on the docket.
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I believe she would be the first false elector in any state to accept criminal responsibility for their involvement in the scheme. Several in Georgia accepted immunity and charges in MI/NV/GA have not been resolved.
Aug 2 6 tweets 3 min read
One of the Secret Service’s only preserved text messages from Jan. 6, per the now-public inspector general report. A text to the chief of the Capitol Police. oig.dhs.gov/sites/default/…
Image Diagram underscores just how instrumental Capitol Police were in steering rioters away from Pence oig.dhs.gov/sites/default/…
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Aug 1 6 tweets 3 min read
NEWS: Jeff Clark should be suspended from the practice of law for two years, a DC bar hearing committee recommended Thursday — a steep sanction but short of the disbarment that investigators sought.

documentcloud.org/documents/2502…
Image NEW: Jeff Clark's "recklessness risked disabling the Justice Department, throwing the Presidential election into chaos, and even potentially causing riots in the streets," a D.C. bar panel ruled Thursday, recommending the 2-year suspension of his license." politico.com/news/2024/08/0…
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Jul 25 4 tweets 3 min read
NEW: When Kamala Harris presides over the count of electoral votes on Jan. 6, 2025, she plans to treat the role exactly like Mike Pence — ministerial, with no power to affect the outcome — even with the presidency on the line.

w/ @ccadelago

politico.com/news/2024/07/2…
Image Trump embraced a theory in 2020 that the VP has power to decide the outcome of the election by choose which electoral votes to count.

Pence aides argued hypothetically at the time that this precedent would give Kamala Harris that same authority in 2025. politico.com/news/2024/07/2…
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Jul 24 4 tweets 1 min read
WRAY says the FBI recoverd the drone used by Crooks before the shooting and is analyzing it. WRAY says Crooks was flying the drone about 200 yards away from the stage and may have been livestreaming about two hours before the incident.
Jul 18 6 tweets 2 min read
Finally listening to Peter Navarro's speech to the RNC and boy did he wildly mischaracterize the contempt case against him and the way Judge Mehta handled it. It just doesn't even resemble what actually happened. Navarro was prosecuted not because he refused to testify to theJa. 6 committee but because he didn't even show up to assert a privilege. If he walked into the Capitol and said 'executive priivlege' or '5th amendment,' the case wouldn't have happened.
Jul 15 6 tweets 3 min read
BREAKING: Judge Cannon has dismissed the Trump documents case, citing violation of appointments clause: Image Cannon has issued a 93-page opinion. Details TK: storage.courtlistener.com/recap/gov.usco…
Jul 13 4 tweets 3 min read
NEW: When Donald Trump arrives in Milwaukee, he’ll be under conditions of pretrial release that forbid him from discussing his cases with witnesses and alleged coconspirators.

The arena will be packed full of them. The murky risk Trump faces at the RNC:

politico.com/news/2024/07/1…
Image Experts we spoke to said Trump having glancing interactions with these people wouldn’t raise alarms. But prolonged discussion or remarks that delve into his cases or appear to attack cooperators/specific individuals could raise flags. politico.com/news/2024/07/1…
Jul 10 5 tweets 2 min read
Rudy Giuliani is steaming right now as creditors urge a judge to either throw out his bankrtupcy case while he liquidates his assets or appoint a trustee to take over his finances/accounts.

Hearing is ongoing, but the judge is expected to rule today on path forward. Ruby Freeman/Shaye Moss want the case thrown out altogether, their attorneys saying it will enable them "to hold America’s mayor accountable for the harms he’s caused." They say he's used bankruptcy to stall the consequences of his defamation ruling.
Jul 1 6 tweets 3 min read
BREAKING: Donald Trump is immune from criminal charges for official actions but NOT unofficial acts.

Details TK. supremecourt.gov/opinions/23pdf…
Image The court has essentially wiped out the Jeff Clark-related portion of the Trump indictment: supremecourt.gov/opinions/23pdf…
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Jun 28 6 tweets 3 min read
BREAKING: Supreme Court, 5-4 with Barrett and libs dissenting, significnatly narrows obstruction statute DOJ has used to prosecute Jan. 6 defendants, could upend hundreds of cases. supremecourt.gov/opinions/23pdf… This ruling may dramatically impact the 350-plus cases of obstrcution against Jan. 6 defendants but have relatively little effect on the obstruction charges against Donald Trump. The court held that the statute in question must include manipulation of physical documents.
Jun 27 4 tweets 3 min read
NEW: Mark MEADOWS has spent weeks quietly battling NARA and DOJ to obtain an enormous trove of his records as Trump’s chief of staff.

It’s spilled into the open this week in federal court, where NARA is resisting his demands. politico.com/news/2024/06/2…
Image Meadows says the records will help him fight criminal charges in Georgia and make clear why Jack Smith chose not to charge him or even call him an unindicted coconspirator.

But NARA says the request is too massive and broad to be relevant. What he wants:

politico.com/news/2024/06/2…Image
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Jun 16 4 tweets 1 min read
The House is free to express its disapproval of the Jan. 6 committee anytime, but this notion they will simply rescind the subpoenas or contempt votes of an earlier Congress — and that it will have some meaningful legal effect — is fanciful. It’s become a litmus test on the right in recent weeks. But whether a contempt occurred in an earlier Congress is up to that Congress. It would be a form of legal chaos to allow Congresses years or decades later to try to unravel prior contempts that were already prosecuted.
Jun 7 5 tweets 2 min read
👀 Justice MERCHAN has notified the parties in Trump's case that a stray comment was posted on the NY court system's Facebook page on May 29, a day before Trump's conviction. Image Here is the letter about the Facebook comment: nycourts.gov/LegacyPDFS/pre…
Jun 6 9 tweets 4 min read
BREAKING: Steve Bannon has been ordered to surrender to prison by July 1. Judge Nichols has revoked his bail. Bannon’s sentence for defying the Jan. 6 committee’s subpoena has been on hold while he appealed. Today, Judge Nichols (a Trump appointee) ruled that the original reasons for staying the sentence no longer be er applied.

Bannon’s sentence would run through early November.
May 29 10 tweets 2 min read
HAPPENING NOW: The jury has signaled it has a note for the judge, so everyone is reconvening for an update. Unclear what the subject is. I've seen some quick verdicts in cases, but that would be a shocker here. I've also seen juries deliberate for hours before sending a note that makes it sound like they've barely scratched the surface and maybe need troubleshooting help accessing evidence.
May 21 8 tweets 4 min read
JUST IN: Unsealed filing in Trump Florida case says there were two rounds of classified documents discovered at Mar-a-Lago *after* the FBI search. storage.courtlistener.com/recap/gov.usco…

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Judge HOWELL also found last year that prosecutors provided sufficient evidence that Trump sought to hide classified documents from prosceutors. It was part of her ruling granting crime-fraud exception to attorney-client privilege. storage.courtlistener.com/recap/gov.usco…
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May 16 9 tweets 4 min read
HAPPENING NOW: Trump lawyers and prosecutors began the day with a lengthy sidebar with Justice Merchan, unclear on whaat subject. Cohen cross-examination to resume imminently. politico.com/trumptrial NEW: Bob Costello, a longtime Giuliani attorney and potential Trump defense witness, used yesterday's trial off-day to savage Michael Cohen in testimony to Congress.

Cohen has accused Costello of being part of a Trump-backed effort to pressure him against "flipping" politico.com/live-updates/2…Image