Kyle Cheney Profile picture
Senior legal affairs reporter for @POLITICO with a focus on 1/6 aftermath. Tips: kcheney@politico.com NY ➡️ BOS ➡️ DC
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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
May 14 22 tweets 5 min read
COHEN begins by talking about a Feb. 2017 meeting with Trump in the Oval Office. He says Trump asked if he was OK for money and emphasized a check would be coming to begin reimbursement for Stormy Daniels payoff. Prosecutors are now presenting each of the 7 monthly checks Cohen received in 2017 from the Trump Organization. The paperwork said they were for his legal work when in fact, he says, they were to reimburse him for paying off Stormy Daniels. politico.com/trumptrial
May 13 14 tweets 4 min read
I'm taking a turn at the Trump trial today in Manhattan, joining @eorden and @benfeuerherd for what could be the most crucial day of testimony since this began.

Updates at politico.com/trumptrial
Image Very little morning business -- prosecutors have submitted their jury instructions, Justice Merchan notes. And now the jury is entering.
May 10 4 tweets 3 min read
NEW: The Arizona grand jury that indicted 18 Trump allies displayed unusual independence and aggressiveness that at times surpassed AG Kris Mayes' prosecutors.

A rare look inside the process that led to last month's indictment.

w/ @woodruffbets

politico.com/news/2024/05/1…
Image At least two of the 18 people indicted by the grand jury — Christina Bobb and Jenna Ellis — were told by prosecutors that they weren't targets of the investigation. In Ellis' case, that assurance was reiterated four days before she was charged.
politico.com/news/2024/05/1…

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May 10 5 tweets 3 min read
BREAKING: Steve BANNON's conviction for defying the Jan. 6 committee has been upheld by a unanimous three-judge panel of the DC Circuit Court of Appeals.

His four-month jail sentence has been on hold pending this ruling.

Details TK NEWS: An appeals court rejected Steve Bannon's appeal of his criminal contempt conviction for defying a subpoena the Jan. 6 committee, saying his arguments lacked merit. politico.com/news/2024/05/1…
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May 7 4 tweets 1 min read
From afar, I would be surprised if Trump's lawyers don't move for a mistrial when Stormy Daniels is off the stand, given the level of detail Daniels went into that even seemed to bother the judge — and even after he warned prosecutors to steer clear. That's not to say I think he'll *get* a mistrial. I just expect him to ask for it, given the judge's clear frustrations with the scope of Daniels' testimony.
Apr 30 4 tweets 2 min read
Justice MERCHAN says Trump can go to Barron's graduation on May 17, per @eorden

politico.com/live-updates/t… READ Justice Merchan's contempt order: nycourts.gov/LegacyPDFS/pre…
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Apr 25 5 tweets 3 min read
NEW: Takeaways from today’s SCOTUS argument:

1) Donald Trump could win by losing because in this case losing his most extreme argument means further delay of trial — and for Trump, delay is almost as good as an outright win

w/ @joshgerstein

politico.com/news/2024/04/2…
Image 2) The conservatives on the court contorted themselves to avoid discussing the specific case in front of them — Donald Trump’s attempt to subvert the 2020 election. They talked about FDR, Nixon and future presidents. But they rarely engaged w the present.

politico.com/news/2024/04/2…

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Apr 24 12 tweets 6 min read
BREAKING: Arizona prosecutors have charged 11 fake electors for their roles in efforts to subvert the 2020 election. mcusercontent.com/cc1fad182b6d6f…
Image There are *seven* additional people charged in this indictment who have not yet been served. So their names remain redacted. mcusercontent.com/cc1fad182b6d6f…
Apr 22 11 tweets 6 min read
There's some wild stuff in this newly unsealed (but heavily redacted) FBI interview from a high-level Trump-world person related to the classified docs investigation.

For example: the witness was afraid to have the interview recorded for fear of reprisal storage.courtlistener.com/recap/gov.usco…
Image And while the interview is primarily about the docs investigation, this person apparently witnessed Jeff Clark hand Trump the letter about Georgia electors: storage.courtlistener.com/recap/gov.usco…
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Apr 19 6 tweets 4 min read
JUST IN: The DC Circuit has upheld the conviction of former Ron/Rand Paul aide Jesse BENTON for orchestrating an illegal payment from a Russian national to the Trump campaign and RNC. documentcloud.org/documents/2455…
Image Trump had previously pardoned Benton for *other* campaign finance crimes. The story of this particular contribution is really incredible. the Russian, Roman Vasilenko, really wanted to meet Oprah, Stephen Seagal or Jimmy Carter. documentcloud.org/documents/2455…
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Apr 15 7 tweets 6 min read
NEW: How do you seat a jury capable of judging Donald Trump, one of the most famous and polarizing people alive?

Here’s what the former president’s prosecutors and defense lawyers think they need to ask to root out secret biases among jurors.

politico.com/news/2024/04/1…
Image Forget the experts: Prosecutors and Trump defense lawyers have already told us what they think is necessary in four different Trump cases. And the questions they want(ed) to ask range from pointed and political to philosophical and a bit odd.

politico.com/news/2024/04/1…


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Apr 12 5 tweets 4 min read
Some interesting tidbits in Walt Nauta’s May 2022 interview with the FBI. They clearly had some doubts about his veracity and whether he had been coached in his answers.

They repeatedly emphasized that he had apparently misled Trump to meet w the FBI. storage.courtlistener.com/recap/gov.usco…

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At one point, the agents appealed to him to make sure he’d be “on the Govrnment’s side with this” because people risk/lose their lives to collect classified intel storage.courtlistener.com/recap/gov.usco…
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Apr 8 5 tweets 3 min read
JUST IN: Jack Smith files his opening brief at the Supreme Court re: presidential immunity. The crux: Criminal law includes a million safeguards and due process protections that render Trump's claims about politically motivated prosecutions meritless. supremecourt.gov/DocketPDF/23/2…
Image 👀 Smith argues that even if the Supreme Court sharply narrows the obstruction statute in Fischer, Trump's two obstruction counts are still valid because it would apply to the "creation" of false documents (a.k.a. elector certificates. supremecourt.gov/DocketPDF/23/2…
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Apr 5 4 tweets 3 min read
NEW: The rising tension between Jack Smith’s team and Judge Cannon over her recent series of bizarre decisions — and non-decisions — has overshadowed one of the most important cases in American history.

w/ @joshgerstein

politico.com/news/2024/04/0…
Image Trump has been eager to exploit the clear frustrations between Cannon and Smith, taking to Truth Social to praise his judicial appointee and accuse Smith of seeking to “play the ref” — which of course Trump was doing with that very comment. politico.com/news/2024/04/0…
Apr 4 11 tweets 5 min read
NEWS: Bar discipline authorities say Jeff Clark violated his professional duties in his bid to help Trump derail the transfer of power in 2020.

Bar investigators say they intend to seek his disbarment. politico.com/news/2024/04/0…
Image Bar investigators in D.C. say Clark attempted to coerce his superiors at DOJ to send a false letter claiming they had unearthed significant problems with the 2020 election results — a letter that if sent would have created chaos across the country. politico.com/news/2024/04/0…
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Apr 4 4 tweets 3 min read
JUST IN: John EASTMAN is asking the judge who ordered his disbarment to stay her order so that he can continue to work as a lawyer and fund his criminal defense.

He has affidavits from clients — including MTG and Matt Gaetz — supporting his request.

documentcloud.org/documents/2453…

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Eastman says he has already spent more than $1 million in legal fees related to his representation of Trump in 2020 and expects to face $3 million total before it's over.

documentcloud.org/documents/2453…
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Apr 3 4 tweets 2 min read
JUST IN: An extraordinary filing from Jack Smith tonight that is almost incredulous at how legally incorrect Judge Cannon's jury instruction scenarios are re: Trump's claim that he designted reams of classified info as "personal" on the way out of the WH.

storage.courtlistener.com/recap/gov.usco…
Image Prosecutors are emphatic: Trump's treatment of presidential/personal records is both a "fiction" he invented belatedly (at urging of Tom Fitton) to justify keeping records he was plainly not authorized to have.

And whether he designated them 'personal' is irrelevant. Image
Mar 29 5 tweets 4 min read
NEW: Jeff Clark’s lawyer said yesterday that Donald Trump *did* appoint Clark acting attorney general on Jan. 3, 2021, only to rescind the appointment later that day.

It is the latest wrinkle in a lingering mystery from that chaotic week.

politico.com/news/2024/03/2…
Image Clark has never publicly addressed this, relying on privileges to shield his conversations with Trump. But his lawyer’s assertion — made during Clark’s DC bar discipline trial yesterday — seems to add weight to the claim. politico.com/news/2024/03/2…
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