Zoe Tillman
@ZoeTillman
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Hello from court. Covering the intersection of law and politics at Bloomberg News. ztillman2 at bloomberg dot net
Washington, D.C.
Joined June 2009
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Here is the 285-page, $2.7 billion defamation lawsuit that election tech company Smartmatic filed today in state court in Manhattan against Fox, Lou Dobbs, Maria Bartiromo, Jeanine Pirro, Rudy Giuliani and Sidney Powell:
Intro: "The Earth is round."
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New: Black voters in Detroit and a voting rights group, repped by
@NAACP_LDF
, are suing Trump in federal court, accusing him of violating the Voting Rights Act by trying to undermine the election results in Michigan
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Sidney Powell has moved to dismiss Dominion's defamation lawsuit. She argues that when she accused Dominion of being part of an election-rigging scheme with ties to Venezuela, "no reasonable person would conclude" those "were truly statements of fact"
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Prosecutors Lost A Fight To Keep A Set Of Jan. 6 Capitol Surveillance Videos Under Seal
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NEW: Justice Clarence Thomas said he was advised he didn’t have to disclose trips and gifts from billionaire Harlan Crow because Crow, a close friend, “did not have business before the court.”
But in at least one case to reach the justices, Crow did.
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MORE non-Kavanaugh news: A judge just ruled that congressional Democrats (Sen. Richard Blumenthal is the lead plaintiff) have standing to sue Trump for allegedly violating the Foreign Emoluments Clause. More soon
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Jan. 6 defendant on pretrial release asks for permission to go to Jamaica to visit with his girlfriend's family.
Chief Judge Beryl Howell: AYFKM
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In a 138-page opinion yesterday, a federal judge in Pennsylvania looked at Trump's purported evidence that expanding absentee voting will lead to fraud, and wasn't persuaded. It's the latest in a string of rulings against Trump's campaign and the RNC:
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Hey! I just had a baby (she's wonderful and healthy and we are absolutely over the moon!) so I'll be mostly offline for a few months. Make sure to follow the rest of the
@BuzzFeedNews
crew, and if you've got a tip or something else urgent hit up
@mimms
. Bye for now!
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A court loss this morning for Trump et al. — the 2nd Circuit ruled he and his co. and his family can't force a lawsuit into arbitration that accuses them of fraud in promoting a multi-level marketing company
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BREAKING: Here's The First Batch of Memos From Robert Mueller's Russia Inquiry
Stay tuned, we'll be updating with details as we read through the documents.
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Last night, a federal judge in NY rejected an effort by Trump, his company, and his family to force a fraud lawsuit re: their involvement with a multilevel marketing company into arbitration, a largely non-public, privately-operated justice system
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10:32pm: Trump files a preemptive "emergency" motion for an injunction blocking the Jan. 6 committee from getting his White House records so he can appeal a hypothetical loss before a district judge (tbc, there is no decision yet)
12:21am: Judge says, that's not how this works
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NOW: AG Barr says in a letter to Manhattan US Attorney Geoffrey Berman that Trump has now officially fired him, and that's that, rejecting any argument by Berman that a judicial appointment means he can't be removed.
Previously:
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BREAKING: The US Supreme Court has ruled the Trump administration violated federal law when it rescinded the DACA program
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NEW: After ethics complaints were lodged against Justice Clarence Thomas in 2011, a member of the federal judiciary's senior leadership body repeatedly raised concerns about how that was being handled internally
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UPDATE: Shortly after 5pm, a federal magistrate judge in DC accepted three new indictments -- the initials of the first two were read aloud, but not the third. The third was presented by prosecutor Molly Gaston, whose past work includes the Steve Bannon contempt of Congress case
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Brandon Straka, founder of the "Walk Away" campaign who describes himself as a "former liberal," charged in the Capitol insurrection:
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After 5+ wonderful years at BuzzFeed News, I'll be taking a buyout and leaving soon. I'm proud of my work and what the phenomenal politics team accomplished. I've loved being part of this newsroom and am deeply sad about what's happening (🧵)
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NOW: A federal judge has blocked enforcement of SB 8, Texas's 6-week abortion ban, and denied Texas's request to pause his ruling pending appeal.
"...this Court will not sanction one more day of this offensive deprivation of such an important right."
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Justice Brett Kavanaugh is at tonight's Federalist Society convention dinner, he just received a lengthy, enthusiastic standing ovation when he was introduced
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NEW: The PA Supreme Court has ruled Philadelphia did not violate state election law when it restricted how close poll observers could stand to the processing of mail-in ballots because of COVID — a loss for Trump's campaign, which had won in a lower court
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Judge Trevor McFadden won't convert an in-person Jan. 6 sentencing to video: "Defendants found the means to travel to Washington, D.C. to commit the crime to which they have pled guilty. Defendants can therefore find the means to return ... to be held accountable for this crime."
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New: The Archives intends to turn over a tranche of Trump's White House records to the Jan. 6 committee tomorrow at 6pm, per DOJ letter. These docs weren't covered by the DC Circuit's admin stay, and SCOTUS hasn't acted on Trump's emergency request yet
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Now that Rudy Giuliani has been suspended from practicing law in NY (see from
@mimms
: ) he's been suspended in DC, where he was also licensed
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Judge Emmet Sullivan: "If Former President Trump disrupted the certification of the electoral vote count, as Plaintiffs allege here, such actions would not constitute executive action in defense of the Constitution."
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New: Rep. Bennie Thompson filed a lawsuit in federal court today against Trump, Giuliani, the Proud Boys, and the Oath Keepers alleging they conspired to interfere with Congress's certification of the election, in violation of the Ku Klux Klan Act
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NOW: The judge in Michael Flynn's case issued an order indicating the case isn't over just yet — he writes that "given the current posture of this case," he expects people will want to file amicus (friend-of-court) briefs, and he'll be setting a schedule for that
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Newly released charging doc: Man says that after entering the US Capitol, a police officer "grabbed his hand, shook it, and said, "It’s your house now.'"
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Trump has officially lost all of his post-election challenges in the Supreme Court
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New: A judge rejected Donald Trump's bid to halt a civil lawsuit seeking to hold him liable for the violence at the Capitol on Jan. 6 while he's facing criminal charges related to the attack; suit brought by the estate of late USCP Officer Brian Sicknick
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NOW: A federal judge has ordered a shutdown of the Dakota Access pipeline, after finding the US Army Corps of Engineers needs to do an environmental impact statement. Pipeline has to be emptied within 30 days (unless the DC Circuit/SCOTUS steps in now)
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NEW: An appeals court in New York rules that Trump can face civil claims in state court while he's in office, and that the Supremacy Clause does not give him immunity: "...the President is still a person, and he is not above the law"
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Hello from the federal courthouse, where the DC Circuit is set to hear arguments in a sealed grand jury matter. Politico previously reported observing someone refer to it as a special counsel matter: Arguments are sealed, we're waiting to see who goes in
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NOW: A federal appeals court will not block a grand jury subpoena for Trump's tax returns, rejecting Trump's argument that any "presidential immunity" that might shield him from criminal prosecution means he can't ever be investigated while in office.
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NOW: The DC Circuit has denied Donald Trump's emergency motion to block a subpoena for ex-VP Mike Pence's testimony in the Jan. 6 probe. Order from the court is under seal, more to come
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BREAKING: The US attorney's office in DC is dismissing all remaining Inauguration Day mass arrest cases. The government had been unable to secure any convictions at trial so far; there were 38 cases left.
Filing:
Statement from the US attorney's office:
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NEW: Jody Hunt, the head of DOJ's Civil Division, announced to employees this evening that he's stepping down, effective July 3. I reviewed the email to Civil Division staff, which doesn't say why he's leaving now, just that he'd advised Trump today of his decision.
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Two cameras, 40 minutes.
New Capitol surveillance footage shows a breach by Jan. 6 rioters from start to finish:
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Powell argues she can't be liable if the information she based her "opinions and legal theories" on were actually unreliable, comparing herself to reporters who get 1A protection when they cite sources; but she later also makes clear she disputes that her info was "false"
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BREAKING: A grand jury in Virginia has returned a new indictment against Paul Manafort and Rick Gates, per new filing from the special counsel's office. Status report: Indictment:
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NEW: SCOTUS has booted the remaining emoluments cases against Trump as moot, and vacated the judgments against the former preisdent in the lower courts
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At 1pm, US District Judge Amit Mehta will hear arguments on Donald Trump's effort to get three lawsuits tossed out re: his civil liability for the Jan. 6 insurrection — one filed by a group of Dems, one filed by Rep. Eric Swalwell, one filed by two USCP officers injured that day
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A Judge Wants Assurances The Administration Won't Destroy Records About Trump's Calls With Foreign Leaders. The Justice Department Is Hesitating.
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According to PACER, the last time Rudy Giuliani entered an appearance in federal court was 1992
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New: The Chatham County judge has denied the Trump campaign's petition and dismissed the case after hearing evidence and arguments — county's lawyer argued they were complying with the law re: handling absentee ballots, and there was no ev. of late ballots being mingled/counted
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NOW: Here is the unsealed indictment against the Trump Organization and CFO Allen Weisselberg. More to come.
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BREAKING: The 2nd Circuit will not block a NY grand jury subpoena to Trump's accounting firm, finding Trump isn't likely to win arguing that any presidential immunity extends to something like this state grand jury investigation
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The DC Circuit is about to hear arguments in the sealed grand jury matter. They've sealed not only the courtroom, but the whole floor, so we've been moved away. Haven't recognized anyone going in earlier as being connected to Mueller's office, now we won't be able to see
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Okay so people are submitting unsolicited pitches to serve as the special master in the Mar-a-Lago case and they're being docketed now. Some are bringing a lot of confidence!
"I'm only a retired businessman with an amateur's interest in history, politics, and the law but..."
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New: Infowars host Owen Shroyer has been charged in connection with the Jan. 6 riots at the Capitol — feds say he went into a restricted area outside on the grounds
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One of the Capitol insurrection defendants who was granted pretrial release, Jenny Cudd, has asked the court for permission to travel to Riviera Maya, Mexico this month for a prepaid "work related bonding retreat" (she has to get a judge's permission to leave the country)
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The judge in Roger Stone's case would like to see Trump's commutation order — she wants clarification about whether it only keeps him out of prison, or if it affects the terms of supervised release that she imposed at sentencing as well.
Previously:
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In court today, a judge questioned why the administration can't give an assurance they won't destroy records about Trump's calls with foreign leaders while a lawsuit goes forward. DOJ is hesitating.
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NEW: DOJ says it will no longer certify that Trump was acting w/in scope of his office as president when he made allegedly defamatory remarks about E. Jean Carroll, meaning no absolute immunity as a federal employee -- major turn of events, more to come
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Some *personal news*: Taking a break for a few months because I had a baby! Very, very thankful for the time to get to know this amazing new tiny person, I'll be back on the legal beat next summer 👋
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JUST IN: A federal judge in California has ordered the Trump administration to maintain the DACA program on the conditions in effect before it was rescinded in September, with some exceptions
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A hearing is getting underway in DC federal court before Magistrate Judge G. Michael Harvey in a batch of Capitol insurrection cases — defendants are making their initial appearances in DC federal court. Stay tuned for updates
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New: A DC Bar hearing committee has recommended Rudy Giuliani be disbarred for pressing "frivolous" 2020 election challenge in Pennsylvania -- an expected development and not the final say, but another setback for Giuliani. More to come.
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Hello from the DC federal courthouse, where jury selection continues for Roger Stone's trial (it's not being piped into the media room, so no live updates). The scene outside the courthouse is quiet right now, but there is ~ this ~:
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JUST NOW: Trump's former national security adviser Michael Flynn has pleaded guilty to one count of making false statements in the Russia probe, a felony. He faces up to five years in prison.
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The judge slams Manafort and his lawyers for making the "unsubstantiated" claim that Manafort was only charged by Mueller's office because they couldn't charge him with anything related to the campaign. "The noncollusion mantra is simply a non sequitor"
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New: The DC Circuit rules DOJ must release a full copy of a March 2019 memo to then-AG Bill Barr re: the conclusion of the Mueller investigation, affirming decision from Judge Amy Berman Jackson in FOIA case
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Spotted going through security at the DC federal courthouse: Stephen Miller. Miller was part of a recent order rebuffing Trump's challenge to Jan. 6 grand jury testimony from former senior aides on executive privilege grounds
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Lawyers from DOJ's Nat'l Security Division have been trickling onto the 11th Circuit docket in the fight over what happens next with the docs seized from Mar-a-Lago -- Sophia Brill and Julie Edelstein made appearances in district court, appellate specialist Jeffrey Smith is new
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Some fireworks in court this morning as a judge criticized the lawyer representing Concord Management & Consulting in the special counsel Russian troll farm case for his language and harsh words about Mueller's office in filings — "unprofessional, inappropriate, and ineffective"
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Jackson: "The defendant's insistence that none of this should be happening to him… that the prosecution is misguided and excessive and invalid ... is just one more thing that is inconsistent with a genuine acceptance of responsibilty."
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NEW: Rick Gates — still cooperating! Mueller's office asks to delay his sentencing again, as Gates "continues to cooperate with respect to several ongoing investigations." They ask for another 60 days until the next update
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New judicial vacancy of note: US District Judge Emmet Sullivan (who you may remember from such cases as Michael Flynn, the USPS mess, and SO MANY more) is taking senior status in April, opening up his seat for a Biden nominee, per Rep. Eleanor Holmes Norton's office
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NOW: The DC Circuit rules against Trump is in his quest to stop the Jan. 6 committee from getting his archived White House records. Judgment just came in, waiting on the full opinion, more to come. Court gives Trump 14 days to petition SCOTUS.
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NEW: A big loss in the GOP case seeking to invalidate the PA election results (the one where Rep. Mike Kelly is a plaintiff) — the PA Supreme Court has dismissed it outright, finding the challengers waited too long to bring it for it to survive
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NEW: Justice Brett Kavanaugh was confirmed to
#SCOTUS
, but the ethics complaints filed against him haven't gone away — per letter just made public, Chief Justice John Roberts is transferring them to the 10th Circuit
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In the event of a government shutdown, special counsel Robert Mueller's office would *not* be affected. They're funded through a "permanent indefinite appropriation," per a spokeperson
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NEW: A federal judge rejected Donald Trump's claim of absolute immunity against a lawsuit accusing him and the RNC of conspiring to disenfranchise voters, esp. voters of color, in the aftermath of the 2020 election
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NOW: Spokesperson for SDNY US attorney's office has confirmed Lev Parnas and Igor Fruman are in custody, and that it's an SDNY case
NEWS: Lev Parnas and Igor Fruman, two Giuliani associates who donated to a pro-Trump super PAC, were arrested late Wednesday on criminal charges of violating campaign finance rules. They have been under investigation by SDNY. w/
@aviswanatha
@sgurman
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New: The DOJ inspector general's office has announced an investigation "into whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election."
See:
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Federal grand jurors in DC were busy busy busy yesterday: Per docket entries showing up today, at least 10 Capitol insurrection defendants were indicted yesterday. Some were originally only charged with misdemeanors, and are now facing a felony count — for ex, Jenny Cudd
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BREAKING: A federal judge in CA has entered a preliminary injunction blocking the Trump admin from enforcing its new asylum restriction
"This new Rule is likely invalid because it is inconsistent with the existing asylum laws."
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Judge Carl Nichols will be hearing arguments this afternoon in Dominion's defamation suits against Rudy Giuliani, Sidney Powell, and Mike Lindell/MyPillow. Per attorney introductions on the line, Powell and Lindell are there in person with their lawyers, Giuliani is not
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Leaked Oath Keepers Data Shows At Least 28 Elected Officials Have Ties To The Group via
@jvgarrison
@kenbensinger
@jsvine
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The 83 ethics complaints against Justice Brett Kavanaugh have been dismissed for good — a panel concluded he fell outside the judiciary's review process once he was confirmed to SCOTUS. Congress could investigate, but hasn't done anything to date
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NEW: The Trump campaign has lost again in its Pennsylvania case — the 3rd Circuit rejected its appeal.
Judge Stephanos Bibas, a Trump nominee, eviscerates Trump's case from top to bottom: "The Campaign’s claims have no merit."
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Checks and Balances, the group of conservative lawyers that counts George Conway as a founding member, has a statement on the Mueller report: "We believe the framers of the Constitution would have viewed the totality of this conduct as evidence of high crimes and misdemeanors."
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NEW: More than 400 Justice Department alumni have signed a statement saying they're "disturbed" by Acting Attorney General Matthew Whitaker's appointment
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NEW: Special counsel's office claims Paul Manafort lied to the FBI and to Mueller's office "on a variety of subject matters" after signing a plea deal, in breach of the agreement. Manafort disputes that characterization. More soon.
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New lawsuit filed today by US Capitol Police officers seeking to hold Trump liable for the violence on Jan. 6 — it also names Roger Stone, the Proud Boys, and individual defendants charged with participating in the riots.
Complaint:
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NEW: A watchdog group asked a judge to issue an emergency order that the Trump admin preserve records of calls with foreign leaders. At a hearing today, DOJ wouldn't immediately make a voluntary assurance to keep the status quo, to the judge's puzzlement
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NEW: A judge rules Donald Trump must face some of the claims seeking to hold him civilly liable for Jan. 6.
Don Jr. and Rudy Giuliani (and probably Mo Brooks) are out of the cases; Oath Keepers and Proud Boys leader Enrique Tarrio stay in, more to come
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What does this mean? It means these claims will proceed in court, where things are generally public.
I wrote last year about the ACN case and, more broadly, about Trump's efforts over the years to force certain lawsuits out of court and into arbitration:
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NEW: A former Trump campaign staffer filed a class action today seeking to invalidate all — that's right, all — nondisclosure
and non-disparagement agreements signed by campaign staffers, volunteers, and contractors
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NEW: The night before a hearing in a high-profile Jan. 6 case this summer, police descended on the home of the judge. The "swatting" incident — a dangerous hoax that prompted a court-wide warning — illustrates the rising threats against federal judges.
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NEW: Twitter was fined $350,000 for missing a deadline to comply with a search warrant for records related to Donald Trump's account, per newly unsealed opinion. DC Circuit affirmed sanction + rejected Twitter's opposition to a nondisclosure order. More tk
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In response to an order from the 2nd Circuit in Trump's subpoena fight with House Dems, Capital One says it doesn't have any copies of tax returns for Trump or his companies:
Deutsche Bank says it has records, but redacted names:
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Here come the family separation lawsuits: A Guatemalan woman who says she's been separated from her seven-year-old son while seeking asylum filed suit today, and NY Gov
@andrewcuomo
said they're planning to sue
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Over a decade ago, Justice Clarence Thomas was under scrutiny for failing to report years of his wife's income. Democrats in Congress and advocacy groups urged the judiciary to investigate.
Here's the previously untold story of what happened next:
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New: Another GOP election challenge loss — 11th Circuit rejected L. Lin Wood's effort to stop Georgia from certifying. The 3-0 opinion, written by Judge Bill Pryor, agreed with the district judge that Wood lacked standing, and concluded it was moot
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SCOTUS this a.m. continued to officially close the loop and reject Trump et al.'s post-election legal challenges, denying cert in Trump's Wisconsin case and Lin Wood's Georgia case
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Hello from the DC federal courthouse, where Steve Bannon just arrived for the 11am motion hearing in his contempt of Congress case.
Prev:
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New: Rudy Giuliani's witness list for his DC attorney discipline case is a "Stop the Steal" who's who, showing his defense strategy against charges of ethics violations is to try to relitigate baseless 2020 election fraud claims
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Here's the defamation lawsuit that Dominion Voting Systems filed this morning against Rudy Giuliani:
"...Giuliani launched a viral disinformation campaign about Dominion that reached millions of people and caused enormous harm to Dominion"
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