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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The thrust: Trump can deal with his complaints about trial evidence / immunity in the regular appeals process, rather than on an emergency basis. 
MORE: Cannon's order came wthout addressing questions about her jurisdiction (the case is pending before the 11th circuit, not her court) and in advance of a promised filing from Smith's office later tonight.
MORE: Trump himself is asking Attorney General Merrick Garland to block Jack Smith form releasing a final report, claiming it would violate presidential transition laws and infringe on his constitutional immunity from criminal procedures. He wants Garland to let Bondi decide. 
It wasn’t just GOP lawmakers urging Trump’s national security adviser Robert O’Brien to stay in his job after Jan. 6. O’Brien testified that President-elect Joe Biden conveyed the same request through aide Jake Sullivan. politico.com/news/2023/01/0…
The simplest option would be the appointment of a caretaker speaker, one who would be tasked with swearing in the new members, adopting Jan. 6 procedures and convening the Jan. 6 session.
Before Jan. 6, 2025, the branches could theoretically change the date to give the House breathing room to resolve internal matters — but we’ve heard nothing concrete on this front. 
The Justice Department treated Friday’s sentencing like a coda of sorts for its 4–year investigation of the Jan. 6 attack, vowing on the eve of the Trump presidency that
MORE: The department's sweeping effort to identify a classified info leak — which included seeking phone/email logs for Schiff/Swalwell and 43 staffers — was done without proper oversight and risks chilling Congress' legitimate work, the IG found. politico.com/news/2024/12/1…
Judges are pushing back on efforts to sweep Jan. 6 under the rug but worried that a large swath of the public has moved on. politico.com/news/2024/12/0…
BIDEN calls Hunter’s case “selective prosecution” instigated by his political adversaries. Not exactly the ringing endorsement of the special counsel process his DOJ has long made.
That debate has been compounded by the replacement of Matt Gaetz — a fervent ally of Jan. 6 defendants — with Pam Bondi, who has maintained radio silence on the issue for four years. politico.com/news/2024/11/3…
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…
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.
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. 
"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. 
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.
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/…
