To be a fly on the wall in sealed conference with Judge Cannon and Jack Smith's prosecutors tomorrow related to DOJ's fight to keep "classified" evidence away from Trump and his co-defendants.

This pertains to CIPA--special guidance for how classified materials can be viewed 🧵

Defense counsel wants to see exactly what Jack Smith is attempting to hide and asking Cannon to make as much available on the public docket as possible even if some files are redacted. This could prompt more litigation as to Smith's CIPA 4 claims.

Judge Cannon has already denied Jack Smith's attempts to keep material under seal and unsealed some filings. She is no fan of Jay Bratt, Smith's lead prosecutor on classified docs case.

So today Smith added JP Cooney, who has been on J6 case, to classified docs team.

I have obtained the transcript from Ray Epps' sentencing hearing earlier this month.

It's a doozy--asst US Attorney Michael Gordon admits Epps committed multiple crimes on January 6. Also lamented Epps being "unfairly scapegoated."

One of the "mitigating factors" in deciding to charge Epps with a misdemeanor instead of at least one felony incl 1512c2 was bc Epps was "the victim of this widespread conspiracy theory."

1,200+ "insurrectionists" would like a word, Mr. Gordon

LOL apparently Epps wrote a struggle session letter to the judge (as some do) blaming Trump for feeding him "the Big Lie" and insisting the FBI was not responsible for the insurrection.

NEW: My source at Fulton County courthouse reports that Judge Thompson has granted the motion to unseal divorce file of Nathan Wade, Fani Willis' lover.

Next up: Willis' motion for protective order.

Fani says Fani is too important to sit for a deposition.

Willis' attorney tells judge that the matter is a no fault divorce and adultery is irrelevant at this stage. Claims Fani does not share accounts with Nathan Wade, doesn't control what he spends money on. (LOL)

Judge interrupted Willis' attorney as he explained how busy she is dealing with Trump indictment. Does she have "unique personal knowledge" as to Wade's finances? Willis' attorney hedges, offers that there are other ways to get that information instead of deposition.

Jocelyn Wade atty up now. Claims Willis is attempting to get protective order to hide discovery to which Jocelyn Wade is entitled to know.

Willis is "trying to hide under the shield of her position improperly."

Trump’s attorneys tonight in classified docs case file bombshell motion for discovery—again insists Special Counsel Jack Smith is concealing evidence including voluminous records demonstrating collaboration btw Biden White House, NARA, DOJ, FBI, and intel agencies:

Joined by attorneys representing his 2 co-defendants, Team Trump again asks for records related to Biden’s DOE attempting to retroactively remove Trump’s security clearance AFTER Smith’s indictment.

Dirty isn’t even the word for these prosecutors and judges.

Keep in mind the chief judge overseeing the illicit use of a DC grand jury for a FLA investigation was Beryl Howell, who just got her ass handed to her by 4 appellate judges on Trump Twitter search.

Holy sh*t: 4 judges on DC appellate court just delivered a scorching smack down of Special Counsel Jack Smith, Judge Beryl Howell, and Judge Florence Pan for search of Trump’s Twitter file.

“The Special Counsel’s approach obscured and bypassed any assertion of executive privilege and dodged the careful balance Congress struck in the Presidential Records Act.”

H/t @FamilyManAndrew

The court denied Twitter’s request for en banc (full court) consideration of decision by 3-judge panel that upheld Judge Beryl Howell’s order for Twitter/X to turn over all data for Trump’s Twitter account to Jack Smith and prevent company from notifying Trump.

My backgrounder here

open.substack.com/pub/juliekelly…

This by Judge Naomi Rao is a withering condemnation of Judge Howell (district court) and Judge Pan (*this court*) about their decisions to brazenly circumvent normal exec privilege litigation process to give Jack Smith what he demanded.

For J6 Hostages files 🧵

In August, DC appellate court overturned Biden/Graves DOJ sentencing requests for those convicted/pleaded to "parading" in the Capitol--a common J6 misdemeanor.

DOJ and judges unlawfully asked for/granted jail time and probation for "paraders"...

DOJ/judges knew they were violating sentencing guidance but didn't care. (A few judges denied DOJs request for split sentences based on what appellate court eventually concluded--they were illegal.)

At least 60 J6ers received "unlawful" sentences.

James Little appealed. He served 60 days in jail and was placed on 3 years' probation. Appellate court vacated his sentence and sent back to judge.

But instead of Matthew Graves taking the L, he sees the appellate order as an opportunity to start from scratch. Never mind Little already served his jail sentence and has been on probation for almost 2 years.

Graves is prepared to ask Judge Hogan for a LONGER probation term or--more jail time.

The reason why judges--including Judge Tom Hogan (Reagan) in the Little case--ordered 3 years' probation was to permit the government to monitor J6er behavior thru 2024 election. They made no attempt to hide it.

So to bolster his argument Little should serve more prison time or a longer probation sentence bc he could become a repeat "parader" in 2024, Graves scoured Little's social media accounts.

Graves attached 33 pages of screenshots of Little's FB account.

THIS IS FOR A PETTY OFFENSE USUALLY HANDLED BY DC LOCAL COURT IF AT ALL.