Brad Heath's avatar

Brad Heath

@bradheath.bsky.social

4543 followers 226 following 330 posts

DC reporter for Reuters on crime, justice and investigations. Data, documents and "convoluted KGB style back-door" stuff. Lawyer, but not yours. 202-527-9709, brad.heath@tr.com


Brad Heath's avatar Brad Heath @bradheath.bsky.social
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The brief talks three times about Trump's presidential debate victory, as is common in legal pleadings in federal criminal court.

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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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NEW: Trump, joined by codefendants, asks Judge Cannon for a partial stay of the classified docs case while Cannon considers the effects of the SCOTUS immunity decision and the appointments and appropriations clause arguments storage.courtlistener.com/recap/gov.us...

6 replies 12 reposts 41 likes


Brad Heath's avatar Brad Heath @bradheath.bsky.social
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From Reuters: Online gambling companies stopped using some aggressive practices -- such as VIP programs that encourage people to bet more -- in the UK after acknowledging they put gamblers at risk. But they're still using those tactics in the United States.
www.reuters.com/investigatio...

2 replies 4 reposts 8 likes


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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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NEW: Judge Merchan postpones Trump's sentencing till September (via Frank G. Runyeon, Law360)

20 replies 42 reposts 118 likes


Brad Heath's avatar Brad Heath @bradheath.bsky.social
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I think Trump has the further hurdle in New York that he waited until well after the deadline for pretrial motions to raise this argument (even though he had done so already in other cases), and the trial court denied it because it was untimely.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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The court’s majority wanted to make sure the president is an energetic executive.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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None of that will happen. Lower courts frequently disagree with Supreme Court decisions; they are bound to follow them nonetheless. That's one facet of the rule of law.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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If, however, President Biden steals the election using only the tools available to everyone else, that would be a crime.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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One upshot of today's immunity ruling is that it would not be a crime for President Biden to steal the upcoming election if he confines himself to doing so solely by abusing his office.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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But the government would still have to litigate lots of was-this-official before it could get a case to trial.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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That said, based on some of the back-and-forth at arguments, I'd be a little surprised if DOJ hadn't already gamed out what a purely-unofficial-conduct indictment might look like.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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The obvious upshot of today's decision is that the three pending criminal cases against Donald Trump will not go to trial this year. (And maybe not for a while after that.)

4 replies 13 reposts 66 likes


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The Washington Post's avatar The Washington Post @washingtonpost.com
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Breaking news: The Supreme Court rules presidents have "absolute" immunity for clearly official acts. “There is no immunity for unofficial acts,” the ruling states. Follow live updates:

11 replies 15 reposts 21 likes


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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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READ THE INDICTMENT of Dr. Eithan Haim, who DOJ has charged with four counts of violating HIPAA by leaking stolen patient records from Texas Children's Hospital to Chris Rufo to attack gender-affirming care www.documentcloud.org/documents/24...

21 replies 132 reposts 586 likes


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Reposted by Brad Heath

Reposted by Brad Heath

Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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Twenty-four states tell Judge Cannon that they want to file an amicus brief opposing the special counsel's request to modify Trump's conditions of release to stop him from inciting threats against law enforcement. storage.courtlistener.com/recap/gov.us...

56 replies 97 reposts 348 likes


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Reposted by Brad Heath

Chris Geidner's avatar Chris Geidner @chrisgeidner.bsky.social
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Breaking: The Supreme Court, on an ideological 6-3 vote, invalidates the Trump administration's bump-stock rule defended by the Biden administration. Thomas has the opinion for the court in Garland v. Cargill. Sotomayor writes the liberals' dissent. www.supremecourt.gov/opinions/23p...

10 replies 38 reposts 83 likes


Brad Heath's avatar Brad Heath @bradheath.bsky.social
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From Reuters: The U.S. military launched a secret propaganda effort during the height of the COVID-19 pandemic to cast doubt on China's lifesaving vaccine, essentially running an anti-vax campaign in the Philippines.

www.reuters.com/investigates...

5 replies 75 reposts 155 likes


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Casey Newton's avatar Casey Newton @caseynewton.bsky.social
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NEWS: After sustained attacks from House Republicans, the Stanford Internet Observatory is being dismantled. A huge blow to academic freedom and our ability to understand platforms and influence operations www.platformer.news/stanford-int...

43 replies 570 reposts 988 likes


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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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DOJ charges a Texas man with threatening to "slaughter" an FBI agent while spouting anti–Hunter Biden conspiracy theories. I expect to see this criminal complaint cited by the special counsel as he argues that Trump is endangering law enforcement. storage.courtlistener.com/recap/gov.us...

9 replies 30 reposts 162 likes


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Chris Geidner's avatar Chris Geidner @chrisgeidner.bsky.social
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BREAKING: The Supreme Court rejects challenge to abortion medication drug mifepristone, holding that the plaintiffs lack standing. The opinion, by Kavanaugh, is unanimous. Thomas concurs. www.supremecourt.gov/opinions/23p...

20 replies 113 reposts 281 likes


Brad Heath's avatar Brad Heath @bradheath.bsky.social
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WILMINGTON, Delaware, June 11 (Reuters) - President Joe Biden’s son Hunter Biden was convicted by a jury on Tuesday of lying about his drug use to illegally buy a gun.

www.reuters.com/legal/hunter...

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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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NEW: Manhattan DA Alvin Bragg and prosecutor Matthew Colangelo will testify before Jim Jordan's House Judiciary Committee on July 12, the day after Trump's sentencing (via Fox News, Punchbowl)

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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From Reuters: JURY FINDS HUNTER BIDEN GUILTY ON ALL THREE COUNTS IN GUN TRIAL

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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No, it could still potentially come in subject to a 404(b) analysis (which is probably the only way it would have come in anyway).

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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Here's the case they cite: scholar.google.com/scholar_case.... it's pretty clearly distinguishable: There, the gov't basically destroyed all the physical evidence without making any record of what it was. Here, there are lots of scans, photos, lists, etc.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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They do at least cite a case where failure to preserve evidence in the original form led to dismissal. But it still seems like more of a thing they could argue at trial to contest the government's case.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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Trump's lawyers are making the argument that he didn't know there were classified documents strewn among his other papers. Which would seem to run contrary to their argument that he declassified them or designated them as his personal property.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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Trump's lawyers are again asking Judge Cannon to throw out the classified-documents case against him, this time because they say the FBI did not document the precise order in which documents were found in the boxes the government seized from Mar-a-Lago.
storage.courtlistener.com/recap/gov.us...

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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Yes, but only by a defendant who was convicted on the charges that weren’t dismissed.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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For those asking, the practical impact of this decision is basically nothing. All the charges remain. The indictment gets one paragraph shorter.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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None. She says it might not be admissible as evidence under Rule 404(b), and judges can elect to let a jury take a copy of the indictment with them into deliberations.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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Judge Cannon has denied another of Trump's motions to dismiss charges against him. But she does strike one paragraph from the indictment, in which prosecutors described him showing a classified map to someone in Bedminster.
storage.courtlistener.com/recap/gov.us...

11 replies 19 reposts 125 likes


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Joshua J. Friedman's avatar Joshua J. Friedman @joshuajfriedman.com
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NEW: NYC public defenders call for probation department to permit *all* defendants to have counsel present at pre-sentencing interviews, not just Donald Trump (via Frank G. Runyeon, Law360)

8 replies 131 reposts 418 likes


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Jeff Asher's avatar Jeff Asher @jeffasher.bsky.social
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The FBI released quarterly data covering Q1 2024 today showing a massive decline in crime compared to the first 3 months of 2023. I dug into why the FBI's data likely overstates the national trend while still accurately describing the direction.

jasher.substack.com/p/the-fbis-d...

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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I think it goes more to the remedy. I don't know of a case where a court has tossed a case because the DOJ official bringing it didn't have authority. But I definitely don't know of one where the official clearly *did* have the power to bring it but filed it while wearing the wrong hat.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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I think the crux is that it'd be hard to make an argument that Biden was prejudiced by being prosecuted by the special counsel in a case where he would have to argue that he should instead have been prosecuted by the same guy (and same line attorneys).

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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... and have the courtesy to make the video not remotely boring. Can you imagine what the video of a tax crime would be like?

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Quinta Jurecic's avatar Quinta Jurecic @qjurecic.bsky.social
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putting the Fix the Court data into a pie chart (usually the worst form of chart) really helps communicate the scale of what is happening here docs.google.com/spreadsheets...

40 replies 426 reposts 933 likes


Brad Heath's avatar Brad Heath @bradheath.bsky.social
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I guess, but if you're applying a harmless error standard, the fact that you should actually have been indicted by the same guy, carrying out the same basic functions, but while wearing a different hat seems like a good case for the gov't.

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Brad Heath's avatar Brad Heath @bradheath.bsky.social
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If the federal government can go after someone for shooting fireworks from a helicopter at a donuting Lambroghijni on federal land, then the government can truly go after anyone.

14 replies 85 reposts 315 likes


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Phil Lewis's avatar Phil Lewis @phillewis.bsky.social
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WASHINGTON (AP) — Longtime Trump ally Steve Bannon must begin 4-month sentence for contempt of Congress conviction by July 1, judge rules.

14 replies 43 reposts 256 likes


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Philip Bump's avatar Philip Bump @pbump.com
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The Republican effort to impeach Joe Biden, which promised to yield blockbuster evidence demanding sanction against the president, is instead settling for accusing Biden's relatives of misleading them in testimony. www.washingtonpost.com/politics/202...

5 replies 7 reposts 42 likes


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Lilah Sturges's avatar Lilah Sturges @lilahsturges.com
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According to his attorneys, corrupt Senator Bob Menendez eats at Morton’s Steakhouse TWO HUNDRED FIFTY NIGHTS A YEAR

87 replies 149 reposts 879 likes