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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Nov 15 • 7 tweets • 5 min read
NEW: Few people have been more integrally linked to Donald Trump’s Jan. 6 gambit than Matt Gaetz.
Now, a man who has done as much as anyone to rewrite the history of that effort, could lead the prosecutors who have called it a stain on our democracy. politico.com/news/2024/11/1…
Before Jan. 6, Gaetz fomented false claims of voter fraud, then joined strategy sessions with Trump and other GOP lawmakers about overturning the election. He was in a meeting with Pence before Jan. 6. politico.com/news/2024/11/1…
Nov 7 • 4 tweets • 3 min read
NEW: Trump's election means DOJ suddenly has just two months to round out its massive manhunt for Jan. 6 defendants.
Hundreds are likely to escape charges (even before pardons are issued).
politico.com/news/2024/11/0…
Already, DOJ was goin to struggle to charge the roughly 2,500-3,000 people estimated to be susceptible to charges by a Jan. 6, 2025 statute of limitations.
HAPPENING NOW: A federal judge in Georgia has thrown out the RNC's claim that Georgia counties broke the law by accepting absentee ballots over the weekend.
The judge says their complaint lacked a "basic level of statutory review and reading comprehension." Details TK
The judge says the RNC's argument that the counties somehow prevented poll watchers from being present during weekend hours is a "red herring" and that some of these counties have done this perfectly legal and well known process for years.
Oct 25 • 4 tweets • 2 min read
👀 The 5th Circuit just ruled that ballots must be received by Election Day and state laws allowing them to arrive later are preempted by federal law.
IMPORTANT: Though the circuit decision *could* theoretically impact this election cycle significantly, the panel left the decision on whether to apply it to this election cycle up to the district court judge who initally ruled the other way.
Oct 23 • 4 tweets • 3 min read
NEW: A judge threatened to order Merrick Garland and Jim Jordan into her courtroom next week if the House and DOJ couldn't resolve a subpoena dispute related to Hunter Biden.
The ultimatum led the House to back off — likely for good.
w/ @joshgerstein politico.com/news/2024/10/2…
"Don't test me on this...I'm not bluffing," Judge Reyes, a Biden appointee warned the House and DOJ about her threat to force Garland/Jordan to attend court next week.
The fight is over a House subpoena to 2 DOJ line attorneys involved in Hunter probe. politico.com/news/2024/10/2…
Oct 22 • 4 tweets • 2 min read
BREAKING: The Georgia Supreme Court has unanimously denied the an effort to quickly reinstate controversial rule changes approved by the State Election Board.
Unclear at the moment whether the court may still decide to order an expedited review of the appeal, but for now this keeps the Georgia state board's rules on hold. Awaiting clarity/paper on the decision.
Oct 20 • 11 tweets • 7 min read
NEW: Could a defeated Donald Trump subvert the 2024 election?
The answer: Yes, BUT the path is far narrower, even more extreme and would require an enormous amount of help from GOP power brokers — who first need to win their own elections.
Our deep dive: politico.com/news/magazine/…
We talked to dozens of experts, election officials, legislators, etc. They all agree Trump’s path starts with what he’s already doing — sowing deep distrust about election integrity. That’s the precondition for leveraging Rs in statehouses and Congress. politico.com/news/magazine/…
Oct 18 • 7 tweets • 3 min read
OK this is a new thing. Jack Smith relied on the Jan. 6 committee's interview with Trump's White Hous valet. House Republicans released this transcript earlier this year, but it was significantly redacted.
Smith's excerpt includes portions that were previously unreleased.
The valet describes getting Trump a Diet Coke while he got positioned to watch footage of his speech and the riot. The reason it seems like the House GOP version was redacted? The valet appears to be reviewing timestamped photos of his interactions with Trump.
Oct 18 • 5 tweets • 1 min read
HAPPENING NOW: Judge Chutkan has just ordered Jack Smith's evidence docketed publicly. Should go live any moment.
This seems like it could be voluminous, though it's unclear how much is redacted.
Oct 17 • 5 tweets • 2 min read
BREAKING: Judge Chutkan has denied Trump's effort to block a new dossier of Jack Smith's evidence from becoming public.
She says she will unseal it tomorrow.
Chutkan says Trump's request to block the filing because of election considerations is not persuasive and that just because her decisions may have an effect on politics isn't the same as "intentional interference."
Oct 2 • 35 tweets • 14 min read
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…
Sep 27 • 6 tweets • 3 min read
BREAKING: The indictment charging members of Iran's Islamic Revolutionary Guard Corps with hacking the Trump campaign has been unsealed.
NEW: Courts have chipped away at the Justice Department’s cases against Jan. 6 rioters — and several other threats loom that could further erode what has been the largest and most complex federal probe in history.
politico.com/news/2024/09/2… 1) Many of DOJ’s recent cases have relied on a “geofence” warrant to Google — using devices’ location tracking to identify people inside the restricted area of the Capitol on Jan. 6. But the 5th Circuit recently found geofence warrants are unconstitutional politico.com/news/2024/09/2…
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—>
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… 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…
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.
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.
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/…
Diagram underscores just how instrumental Capitol Police were in steering rioters away from Pence oig.dhs.gov/sites/default/…
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…
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…
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…
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…
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.