Sr. Legal Affairs Reporter,
@POLITICO
.
@HarvardIOP
fellow
priors: ABC White Hse & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh
@joshgerstein
.com. DM for signal
JUST IN: Carson City, NV judge hearing election challenge filed by Trump electors has set a hearing for 12/3 at 130PM local. Will allow 15 depositions for each side between now and then. Atty is
@SidneyPowell1
's co-counsel in Flynn case,
@jbinnall
.
NEW: Judge orders WH to preserve records of Trump dealings w/foreign leaders. Notable because she could've just accepted DOJ pledge that WH would. Also because an injunction applied to the president is exceptionally rare
BREAKING: Judge denies Trump admin request to stay order requiring McGahn to appear for testimony. Also flays DOJ, calling its arguments 'disingenuous' & 'unacceptable mischaracterization'. Doc:
NEW OVERNIGHT: In late-night court filing from DOJ,
@RodRosenstein
acknowledges he made decision to release Strzok-Page texts that have fueled many a POTUS attack on the former FBI employees. Both are suing over release, saying it invaded their privacy
JUST IN: Fed judge in Atlanta sets hearing for 2PM Friday on GOP Rep. Marjorie Taylor Greene’s effort to stay on ballot for re-election, despite drive to use state law to bar her as an insurrectionist. Side note: Judge is Amy Totenberg, sister of NPR’s Nina.
Just before midnight last night, Justice Department made unusual public filing airing more grievances from inside the Mueller probe: an FBI agent's complaints that the initial inquiry into Michael Flynn was based on weak evidence. w/
@kyledcheney
UPDATE: Pennsylvania's lawyers say there's now so little left of the Trump campaign's federal lawsuit over election results there that there's no need for the argument session a judge has scheduled for Tuesday
TRUMP RULING BOOMERANGS ON MYPILLOW BOSS: A Trump-appointed federal judge just denied a TRO for Mike Lindell to get his phone back after it was seized by FBI at Hardee's. Judge cites....wait for it.....Trump docs ruling from 11th Circuit last night. Doc:
BREAKING: 9th Circuit has given the Trump administration a green light to proceed with deportation of about 300,000 El Salvadorans by ending the 'temporary protected status' they've had for up to 20 years. 2-1 ruling today. Doc: More to come
NEW: Justice Dept suing former Trump campaign chairman Paul Manafort for almost $3 million over unfiled reports on offshore bank accounts. Case signals DOJ sees gaps in pardon Trump granted his ex-adviser in 2020
BREAKING/SCOOP: FBI has arrested 1st Trump appointee in connection with
#Capitol
Riot. Freddie Klein worked on Trump 2016 campaign then landed a 'special assistant' job at State. 'Fred's politics run a little hot,' his mother said
FLASH/ BUST BUST BUST: Judge grants Justice Department's page-length motion in Trump Mar-a-Lago search fight. Feds get whopping 40 pages to lay out their position and what's happened thus far
BREAKING: Missouri, other states to file amicus brief supporting petitions by PA GOP and PA Republican legislative leaders challenging 3-day extension PA Supreme Court ordered for receipt of mail-in ballots, per Trump lawyer. More to come....
White House is entirely free to publish details of those 'hundreds of calls and meetings' Trump is said to take daily. In fact, if they were on the record, a story like the Axios one wouldn't have much sting
TIP: If you think someone is trying to involve you in a crime and may lie about it later, it may be a good idea to record that person to avoid any dispute about precisely what was said. Assuming the law in your state permits it...
BREAKING: Major win for LGBT rights at
#SCOTUS
with 6-3 decision that federal law bars workplace discrimination against gays, lesbian and transgender. GORSUCH writes for Dem appointees. ROBERTS agrees. ALITO/THOMAS/KAVANAUGH dissent.
NEW: Mueller notches a pre-testimony courtroom victory as a jury convicts Trump transition adviser and Michael Flynn ex-business partner Bijan Rafiekian on foreign-agent charges after just 4 hours of deliberations. Case was an outrgrowth of Mueller probe
NEW: Special master in Trump Mar-a-Lago docs case chides Trump lawyers for declining to produce evidence of declassification. Judge Dearie: 'You can't have your cake and eat it, too.' More from Brooklyn. w/
@kyledcheney
ATTN UKRAINOPHILES: Judge Amy Jackson is gonna release some OMB docs on the Trump/ Ukraine aid hold. Some info Trump admin officials gave abt the docs wasn't right, she said....
BREAKING: Judge rejects bid to delay Oath Keepers
#Jan6
trial scheduled for Sept. 26. Mehta: 'I can’t move this trial and I’m not going to move this trial…It would quite literally wreak havoc for this court’s docket.'
JUST IN: Sunday night opinion from Judge Beryl Howell, turning down Rudy Giuliani's belated bid to escape a jury trial on damage in libel suit brought by GA pollworkers. Many brutal shots. She calls one Giuliani argument 'simply nonsense.'
JUST IN: Judge orders ‘very limited’ deposition of indicted ex-CFO of Trump Org, Allen Weisselberg, in DC AG lawsuit over alleged waste of funds by Trump Inaugural Committee
LATE NIGHT NEWS FROM THE COAST: Manafort's ex-son-in-law Jeff Yohai gets 9+ years for 'horrific' series of frauds, including scam 'sober living' homes. Sentence is about year-and-a-half longer than Manafort is serving
BREAKING: 5th Circuit panel, in 3-0 ruling, leaves in place order requiring Biden administration to restore Trump’s Remain-in-Mexico policy starting FRIDAY. Doc:
Trusty: 'We should not be in a position to have to disclose declarations, witness statements.' Dearie: 'My view us you can't have your cake and eat it too.'
This tweet from yesterday still nagging at me. Don't remember a president talking publicly about hating anyone since Nixon warned about such thoughts in his farewell speech
So sad to see that New York City and State are falling apart. All they want to do is investigate to make me hate them even more than I should. Governor Cuomo has lost control, and lost his mind. Very bad for the homeless and all!
NEW: A federal judge has tossed
@RepDevinNunes
$9.9M racketeering suit against Trump-Russia dossier firm Fusion GPS & its founder. Liam O'Grady, a GW Bush apptee, said it lacked needed detail & he included a warning about risk of refiling
NEW NOW: Judge is requiring government lawyers to explain to him privately why they abruptly shifted legal stance in litigation over McCabe records. Says he's concerned DOJ manipulated him. Earlier:
JUST IN: AG Nominee Merrick Garland opening statement for confirmation hearing Monday. Calls 1-6 "a heinous attack" and says he'll prosecute "white supremacists & others" involved. Heavy on DOJ's civil rights duties. Also: a vow to apply
#FOIA
'generously'
JUST IN: Chief judge of DC dist court blocks release of Eric Munchel, photographed in Senate gallery during Capitol riot carrying zip-tie cuffs and taser. On Friday, a magistrate judge in Nashville OK'd Munchel being sent home on GPS monitoring. Earlier:
NEW: DOJ decision to drop McCabe probe came on deadline to release docs in related
#FOIA
case. They show the judge said he feared Trump comments about McCabe prosecution were turning US into a 'banana republic.' More:
Judge is asking what his role would be re marked classified docs. 'How am I going to verify the classification?....What business is it of the court?' Dearie says, assuming Trump side doesn't put forward evidence of declassificiaton.
JUST IN: Judge Amy Berman Jackson making super clear to US Atty's office in DC that she wants to know if acquiesence in Roger Stone's request to delay prison is a special favor or really policy. Earlier:
In Brooklyn for 1st appearance of Trump lawyers and prosecutors before special master in Trump Mar-a-Lago docs fight. Senior US District Court Judge Ray Dearie
JUST IN: Another brutal opinion dismissing suit seeking to overturn 2020 election results. Argument 'lies somewhere between a willful misreading of the Constitution and fantasy,' Judge James Boasberg writes. Also threatens to refer counsel for discipline.
JUST IN: Feds maintain some docs in Trump classified docs prosecution are so sensitive they can't be stored in the defense SCIF w/other classified info. Unclear if even place in Florida to review them. We can show them in DC area, prosecutors say. Doc:
BREAKING: Judge says he's 'leaning in direction of issuing' restraining order prohibiting federal agents in Portland from interfering with journalists or legal observers. Obama appointee Michael Simon says he expects to issue written ruling by 8PM ET.
Trump admin tells incredulous appeals court panel that judge erred by insisting that 'safe and sanitary' conditions for detained immigrant children means they must have access to soap. Via
@helenchristophi
BREAKING: DC Circuit panel, 3-0, overturns order requiring Hillary Clinton to sit for deposition related to her private email account. Ruling: Earlier:
Rep. Paul Gosar (R-Ariz.), at House hearing, says Capitol police officer was ‘lying in wait’ for Ashli Babbitt before shooting her. Again says Babbitt was “executed” by police, demands name of officer involved in shooting
BREAKING: Magistrate judge plans to release man who sat at Pelosi office desk while allegedly having stun-gun on his hip. Court will require "very, very restrictive" conditions on Richard Barnett as he awaits trial....More to come
JUST IN: DOJ lawyers are complaining to Judge Tanya Chutkan again about Trump's barrage of social media posts about his prosecution. "Defendant’s daily extrajudicial statements that threaten to prejudice the jury pool in this case," prosecutors say. Doc:
NOW: En banc oral arguments underway on Michael Flynn case at DC Circuit. Judge Henderson, who unexpectedly joined Judge Rao in ruling in Flynn's favor in June, has no questions for Flynn's lawyers when she is offered chance to ask
BREAKING: Judge restores press pass Trump White House revoked from Playboy reporter Brian Karem following Rose Garden altercation with Seb Gorka. Ruling: Earlier:
BREAKING: Federal judge rules for Justice Dept in its 1st challenge to a state abortion law post-Dobbs. Clinton appointed Judge B. Lynn Winmill says federal law guaranteeing emergency treatment supersedes state under supremacy clause. Doc:
HAPPENING NOW: Fed judge sounds very skeptical on GOP suit in Augusta, GA on ballot procedures. Judge Randal Hall (GWB): 'I have real concerns about whether this court..should even entertain this action at this point…..Fraud concerns at this stage are all highly speculative.'
POTUS being called a liar to his face by journos seems like an inflection point of some kind. (Not that he doesn't do the same to media virtually daily, though usually via Twitter.)
Best part, though may be the "sir." Important to show respect for the office and be polite.
"Why are you lying about it, sir?"
That's what WH transcript of Trump's remarks today TWICE records reporters asking:
1-to his repeated claim IG report "exonerated" him (it had no'g to do w/Russia probe)
2-to his blaming splitting families at border to Dems & a nonexistent law
BREAKING: Rick Gates just testified that he told both Tony Podesta and Vin Weber that the the pro-Ukrainian organization they represented was actually a front group for the Ukrainian government. Running story from Greg Craig trial here:
Just about every TV story on Manafort is misleading. Why? They're all accompanied by video of him walking in or out of court. For the last two months, Trump's former campaign chair made those trips in a jail van.
IG report on Andrew McCabe: Misled Investigators over roll in news media disclosure...Lacked Candor (Lied) on four separate occasions...Authotized Media Leaks to advance personal interests...IG RECOMMENDED MCCABE’S FIRING.
@FoxNews
@IngrahamAngle
BREAKING: 11th Circuit upholds broad interpretation of Florida re-enfranchisement law, says state can't require fines before registering those unable to pay. Ruling:
NEW: The Trump campaign's lawsuit seeking to throw out the PA election results descended into farce Monday night. The campaign moved to replace its whole legal team, then asked for a delay, just after assuring judge a new atty was prepared for hearing tomw
DISMISSED: In March, a federal judge in Florida threw out a suit former Rep. Devin Nunes filed against CNN re Paul Pelosi Nunes promptly appealed, but per docket his lawyers did not respond to notices from 11th Circuit, which tossed the appeal today
BREAKING: Acting Attorney General Jeff Rosen takes to YouTube just as president is removed from it. In 1st on camera appearance since Capitol riot, Rosen vows 'no tolerance whatsoever' for violence and other criminality at Biden inauguration. Video;
NEW: DC fed judge issues unusual highly detailed directive to Postal Service to inform supervisors and workers about retraction of overtime changes. Plans daily hearings on compliance. Aims to ensure absentee ballots are received on time. Via
@ColbyBermel
EXCLUSIVE: Senior Dem lawmakers give Chief Justice Roberts an ultimatum on ethics issues, in wake of reports on alleged 2014
#SCOTUS
leak & lobbying of justices. You probe or Congress will,
@SenWhitehouse
&
@rephankjohnson
declare in new letter
JUST IN: Feds locate ‘alternative’ Mueller report mentioned by Andrew Weissmann in his book. Parts of the compendium could go public soon. First review should be done next month, feds say
#FOIA
Now Trusty is asking about getting security clearance process started. Judge says he thought of that earlier but adds: 'It's not just a matter of having clearance. It's a matter of need to know...if you need to know you, will know.'
JUST IN: DC Circuit rejects DOJ/Trump WH bid for en banc rehearing on ruling restoring
@BrianKarem
WH press pass. No judge (incl. 3 Trump appointees) requested en banc vote. Earlier:
Judge seems to brush back Trump team by saying that 'litigation strategy' isn't going to affect his resolution of recommendations to Cannon. That may refer to Trump unwillingness to detail his stance re whether he claims he declassified anything and how.
BREAKING: DC fed judge (and Trump appointee) Dabney Friedrich issues ruling upholding prosecutors’ use of obstruction statute to cover obstruction of Congress' Electoral College tabulation session on Jan. 6. Doc:
#CapitolRiot
EXCLUSIVE: Draft majority opinion obtained by POLITICO shows Supreme Court poised to overturn Roe v. Wade. Alito draft, dated Feburary, signals plan to end half century of federal constitutional protection for abortion. Story w/
@alexbward
JUST IN: DC Circuit says it will continue normal operations for several weeks even if government shuts down, but once other sources of funding run out the courts face 'serious disruptions'
NEW: A judge has ordered partial release of a Watergate report that some see as a precedent for a parallel Mueller effort that could lead to Trump's impeachment
It's related in a way to an issue in the dispute: Is it properly before Judge Cannon or should it have been brought first to Judge Reinhart, who issued the search warrant. Special Master Dearie has flagged this as a potential Q in the fight. That seemed to irk Trump's team.
Judge says speakers are free to take masks off. Edelstein speaks for govt says DOJ ready to give docs to vendor by tomorrow. Trusty says they just got the lost of five. Asks for Friday to pick a vendor. Judge says: Let's do it tomorrow.
BREAKING: Major win for Mueller as DC Circuit panel unanimously upholds his authority and validity of his appointment by Rosenstein. Rogers (Clinton) writes, joined by Srinivasan (Obama) and Henderson (GWBush) Story:
And, in a separate effort, Ohio just filed its own amicus brief urging the court to take up the issue and rule that Pennsylvania's Supreme Court acted unconstitutionally in ordering the extension. Doc:
Watchdog group says alleged $130K payment to Stormy Daniels was illegal donation to Trump's presidential campaign. Similar argument was leveled at John Edwards. Got him indicted, but not convicted
JUST IN: DC Circuit declines to grant bail pending appeal to Jesse Benton, sentenced to 18 months in prison for using Russian donor's $$$ to set up meeting w/ Trump during 2016 campaign. Order: Earlier:
BREAKING: Acting White House Chief of Staff Mick Mulvaney has moved to intervene in a pending lawsuit over the House's right to subpoena Trump advisers in the impeachment probe. Live subpoena to Mulvaney could breathe new life into the case. More to come....
BREAKING: A grand jury just returned an indictment against a defendant who was not identified publicly even by initials or grand jury number. Was put under seal. A prosecutor who handles Jan. 6 matters, Molly Gaston, submitted what is believed to be Trump indictment.