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Secrets and Laws Profile picture
Secrets and Laws
@secretsandlaws
Attorney, scholar, and gentleman addressing all things relating to national security, secrecy, classification, FOIA, climate change, and bird law.
25 subscribers
Jul 7 • 17 tweets • 7 min read
I finally had time to analyze the recent CIA report about the "ICA" regarding Russia's involvement in the 2016 election.

It's a very important document, as it shows that the leadership of the CIA's Directorate of Analysis is now engaging in politics, undermining all trust in it. People like @DCIARatcliffe and @DDCIAEllis have used the report to reinvigorate all their favorite grievances about the "Deep State" and the 2016 election. They are doing this even though the report itself does nothing to undermine the conclusion that Russia actively sought to harm Hillary Clinton in the 2016 election, an unprecedented attack on our sovereignty by an enemy of the United States.

x.com/DCIARatcliffe/…
Jul 7 • 5 tweets • 2 min read
Nothing to see here. Just the CIA Deputy Director, @michaeljayellis, promoting a Breitbart article suggesting that former Director Brennan be prosecuted for perjury. Rather than rise to the office he holds, it looks like Ellis has decided to be a political hack. Amateur hour. Image Another reason it's amateur hour is that neither the recent CIA paper nor the Breibart article actually mention what Brennan told SSCI. They'd both get an F if one was grading their work, as would Ellis for promoting it.
Mar 29 • 8 tweets • 2 min read
There's a myth spreading in the MAGA-sphere saying that since Hegseth is an Original Classification Authority (OCA), whatever he says goes in terms of classification. That's a red herring, for reasons I'll explain.

The war plan information was likely first classified by CENTCOM. CENTCOM officials would classify this information derivatively, using the CENTCOM classification guide, which is required by DOD classification policy. As explained below, the CENTCOM classification guide would have treated this information as SECRET.

Mar 26 • 4 tweets • 2 min read
On the left: Hegseth's message.

On the right: the applicable CENTCOM classification guide provisions.

This is all very plainly classified at the SECRET level.

They all lied. They should all lose their jobs. Image As @BradMossEsq points out, this message from Walz reveals that the USG had real-time coverage of one of the targets at a very time. If this came from an IC asset, this would be classified at the SECRET or TOP SECRET level, per the ODNI classification guide. Image
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Oct 9, 2024 • 5 tweets • 1 min read
It took a while, but I finally got the For You tab to look less like Stormfront & more like a regular feed. I spent two days clicking "Not Interested in this post" on over 100 right-wing accounts that Elon kept resurfacing. After an epic battle, I finally defeated the algorithm. It really was a battle. As you've experienced, prior to doing this I usually saw some combination of Elon, Vivek, Vance, CatTurd, or some other freak of the week in three of the first four posts, and then it the feed became more mixed between incel & regular content after that.
Sep 9, 2024 • 4 tweets • 2 min read
Kudos to @jdawsey1 and @AshleyRParker for finally covering the fact that Trump has been devoting time to lining his own pockets through another grifting scheme, rather than raising money for his struggling campaign.

If you bitch about bad journalism, reward good journalism. Their article calls a spade a spade, and doesn't engage in silly both sides-ism. Imagine if all political coverage was like this.
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Aug 27, 2024 • 6 tweets • 4 min read
Perfectly normal for a presidential candidate to try to line his own pockets in the home stretch of the campaign.

"CIC Digital" = a Trump-owned entity that licenses his likeness for this NFT nonsense. Trump gets a hefty license fee for every set that is sold.
Image Literally selling access -- not to raise money for his struggling campaign -- but to line his pockets. $7425 per ticket.

And if I understand correctly, they are charging more for dinner tickets if you pay with crypto, which isn't exactly a vote of confidence in the industry! Image
Aug 27, 2024 • 9 tweets • 2 min read
With Jack Smith not seeking Cannon's removal at this time, I think we can say that the MAL case is unlikely to go to trial until 2026 at the earliest, if Trump loses the election.

Cannon will be reversed by the 11th Circuit in the pending appeal. Assuming no SCOTUS review... ...she'll get the case back in late 2024/early 2025. But then immunity will be considered next, and I believe Cannon will rule in Trump's favor there too. See thread. Even then, it will be hard for Smith to seek her removal in light of the SCOTUS ruling.

Aug 25, 2024 • 7 tweets • 2 min read
Your weekly swing state climate news:

1. Arizona, yesterday:

2. Arizona, two days ago:

Jul 15, 2024 • 13 tweets • 4 min read
The MAL case was never going to a jury with Cannon, so other than the political gift of the timing, today's development merely accelerates the process of DOJ figuring out next steps. However, there are no "good" options for Smith. The question is which is the least worst. I'd start from the premise that Smith appealing and NOT asking for her removal may be the worst option. She's proven that she'll do everything she can to tank the case for Trump. But asking for her removal is a pretty dramatic step, one that DOJ will not take lightly.
Jul 14, 2024 • 4 tweets • 1 min read
Just as you shouldn't spread false information, please avoid rushing to judgment until all the facts come out.

For example, lots of people are criticizing the two snipers in the video for not firing earlier. As this shows, it's POSSIBLE that their view was obstructed by a tree. There was absolutely an F-up here, don't get me wrong. But trying to ascribe individual blame without all the facts is inappropriate. These are public servants putting their lives on the line for the protectee. Let's just let the facts come out before throwing them under the bus.
Jul 2, 2024 • 11 tweets • 2 min read
As others have noted, the SC's immunity decision may also imperil the classified documents prosecution against Trump. Emboldened by the ruling, he will continue to argue that his designation of certain records as “personal” under the PRA was an official act subject to immunity. It would be a stretch to say this act relates to a core function, but who knows with Cannon? Instead it likely falls into the middle category of non-core official acts that are presumptively immune from prosecution. Of course, Cannon has shown favor toward the PRA argument…
Jun 26, 2024 • 10 tweets • 3 min read
This Jim Jordan report on the letter from the former intel officers is one of the dumber things I’ve ever read. It doesn’t appear to even have a good theory about what the CIA did wrong, but it assumes that randomly quoting some internal emails will give Fox News what it needs. First, it suggests that the CIA should have stopped the letter even though it didn’t contain classified information. This would violate the 1st Amend rights of these individuals. If it doesn’t contain classified information, the CIA cannot stop its publication. See Constitution.
Jun 23, 2024 • 18 tweets • 4 min read
One of the most frustrating aspects of the Biden campaign to date has been its failure to make climate change a leading campaign issue. The climate crisis no longer theoretical; it’s here. And his opponent is a climate change denier. Failing to rectify this would be unforgivable. Putting climate near the top of the agenda is first and foremost the moral thing to do; we owe it to our children and future generations. But let’s put that aside and just focus on the politics. While I don’t agree, I understand Democratic reluctance in the past to making…
Jun 22, 2024 • 7 tweets • 2 min read
One of the most infuriating and under-the-radar things Judge Cannon has done recently is postponing the hearing on Trump's motion to compel discovery that was supposed to be held this upcoming week. Trump filed this motion in January, and she still hasn't ruled on it! From a timing perspective, this is the most important issue pending before the court. If Cannon orders additional discovery, DOJ will have to search for responsive records from other agencies, and if any are classified, go through the CIPA process again - which could take months.
May 28, 2024 • 5 tweets • 2 min read
A few reactions to Trump's filing:

1. On the merits, this points out the big issue with Smith's motion, which is the lack of a supporting declaration & evidence about threats to law enforcement. That seems imperative here, esp. given how Cannon has reacted in the past. IMO, Smith's team should have taken the time to provide that declaration, even if it meant waiting until Monday. Maybe we'll see it in a reply brief.

2. The lack of meaningful meet and confer is a red herring here. The point is to try to narrow disputes before the court.
May 27, 2024 • 10 tweets • 2 min read
Since the "Smith should have just brought the documents case in DC" chorus is picking up again, it's time for a reminder as to why that's not true. Please read before continuing to propagate this false premise. Smith is bound by the Constitution, federal law, and case law -- which collectively requires that, at minimum, a "conduct element" of the offense be committed in the district where it's charged. Let's look at the offenses.
May 18, 2024 • 9 tweets • 3 min read
Judge Cannon's failures in the MAL case have been obvious to all, but when you step back and look at the bigger picture, her record is even more indefensible. As I outline in today's NYT, in over 11 months she's made virtually no progress in the case.

nytimes.com/2024/05/18/opi… It's important to remember the fundamental purpose of pre-trial proceedings in a criminal case, as I outline here. Image
Apr 10, 2024 • 5 tweets • 2 min read
If Cannon was going to grant Trump's motions to compel classified discovery, or to include the IC in the scope of the prosecution team, it wouldn't make sense for her to schedule Trump's Sec. 5 notice for less than a month from now. So perhaps a good sign for DOJ, but who knows? Granting the motions would mean DOJ would have to search for add'l records, review them, & work with agencies on CIPA protections. That would take well more than a month. Trump's team would want to see these records before issuing its Sec. 5 notice (info it wants to use at trial)
Apr 4, 2024 • 4 tweets • 1 min read
Look, even if Cannon did the right thing on the PRA, she could still:
-Grant the presidential immunity MTD
-Grant the selective & vindictive prosecution MTD (or permit discovery into the same)
-Issue quite a few detrimental CIPA rulings
-Suppress the search warrant returns -Suppress the attorney-client privileged material (critical for obstruction)
-Run a bad voir dire process
-Adopt whacky jury instructions on other issues
-Issue a whole host of bad evidentiary rulings at trial
-Oh, and disclose witness identifying information prior to trial.
Apr 3, 2024 • 4 tweets • 2 min read
I am here for the Jack Smith sass.
Image More sass: Image