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https://twitter.com/OAlexanderDK/status/1812446084385427965There 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.
https://twitter.com/JudiciaryGOP/status/1805702515536838780First, 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.
https://twitter.com/emptywheel/status/1795224685379985519IMO, 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.
https://twitter.com/hugolowell/status/1778117491429880293Granting 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)
https://twitter.com/hugolowell/status/1775364208101601427More sass:
https://twitter.com/secretsandlaws/status/17720082764833589622. Obviously DOJ hasn't appealed anything to date. Frankly, there's been nothing to appeal. DOJ is not going to appeal pre-trial & trial scheduling issues, as a court of appeals is EXTREMELY unlikely to second guess how a judge runs their docket. Being bad on scheduling, and...
https://twitter.com/secretsandlaws/status/1769865121323458868At least this avoids the scenario @JoyceWhiteVance worried about, where Cannon reserved on these issues until after the jury was impaneled, when a dismissal might be non-appealable due to double jeopardy issues. Better to find out where she's at now.
https://x.com/JoyceWhiteVance/status/1768647563811459092?s=20
https://twitter.com/KatiePhang/status/1768257323456184335When we eventually get to Trump's presidential immunity assertion, even if Cannon denies it, she will stay the case unless she finds that the assertion is "frivolous." So today will be the early tell as to how she's leaning on this question.
https://x.com/secretsandlaws/status/1765849507508457659?s=20
https://twitter.com/hugolowell/status/1765022002794959302First, giving the briefings also sets a bad precedent. How can you deny clearances to rank & file employees for minor transgressions while treating Trump as if he's cleared after he absconded with 100s of classified docs, refused to give them back, & obstructed the investigation.
https://twitter.com/big_cases/status/1755040425684135946In fairness, Trump's argument will actually be: if he ordered ST6 to kill Biden while still president, & then ST6 waited & did it after Trump left office, he'd still be immune from prosecution because the initial act occurred while he was president (like moving the boxes to MAL)
https://twitter.com/big_cases/status/1745572690180948246But if she's having this new hearing on Jan. 31, what's the point of the Feb. 15-16 hearing? Will Trump's attorneys be allowed to participate? If so, will their portion only focus on WHETHER they should get access? And what will the rest of the two day hearing be about?
https://twitter.com/big_cases/status/1747445994722337084While there's a classified supplement we haven't seen & many redactions, I was not impressed by the filing. From what we can gather, almost none of the allegations have much, if any, bearing on guilt or innocence relating to the obstruction or Espionage Act charges.
https://twitter.com/secretsandlaws/status/1723011514917871658First, as previously mentioned, Cannon is allowing too much time for the Section 4 litigation to play out, and some of the interim deadlines show (a) she still doesn't know how Section 4 works and/or (b) she intends to allow for some mischief from Trump's team.
https://twitter.com/kyledcheney/status/1722988464709226870The worst thing on the merits is how she's handling CIPA Section 4 litigation -- she's dragging it out much much longer than needed.