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emptywheel.bsky.social
emptywheel
@emptywheel.bsky.social
300K followers 3.6K following 21K posts
Coverage of American authoritarianism with a focus on legal cases. An American-Irish in Limerick, Ireland.

Legendary potty mouth!
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emptywheel.bsky.social
Meanwhile, here's what the agent said:
1) They were working directly for Kash's Director's Advisory Team.
2) The apparently got the ENTIRE Cellebrite extraction for Richman's iPhone.
3) They claim not to know who Michael Garcia was but reviewed anyway when looking for comms bt Comey and Richman. 🤔
3¶¶ of an FBI affidavit laying out what this post describes.
November 10, 2025 at 5:36 PM
emptywheel.bsky.social
Comey's filing.

storage.courtlistener.com/recap/gov.us...
#171 in United States v. Comey (E.D. Va., 1:25-cr-00272) – CourtListener.com
RESPONSE by James B. Comey, Jr re 168 Order,, (Carmichael, Jessica) (Entered: 11/10/2025)
storage.courtlistener.com
November 10, 2025 at 5:32 PM
emptywheel.bsky.social
Meanwhile, DOJ INSISTS there's no way Lindsey the Insurance Lawyer presented tainted or 4A violative material to GJ.

But yesterday those same Loaner AUSAs told Comey they have no fucking clue if they were reviewing responsive sets or not.

[The fourth warrant is where privileged texts came from.]
Even assuming the defendant could prove that the government violated the Fourth Amendment or attorney-client privilege in its grand jury presentation (and to be clear, he cannot), the remedy would be to suppress that evidence at trial—not to dismiss the indictment. So, the defendant has not shown that “a ground may exist to dismiss the indictment because of a matter that occurred before the grand jury.” Fed. R. Crim. P. 6(e)(3)(E)(ii). He is not entitled to access grand jury material. 5 The Order also required the government to provide, in writing, by the same deadline: “Confirmation of whether the Government has divided the materials searched pursuant to the four 2019 and 2020 warrants at issue into materials that are responsive and non-responsive to those warrants, and, if so, a detailed explanation of the methodology used to make that determination; A detailed explanation of whether, and for what period of time, the Government has preserved any materials identified as non-responsive to the four search warrants; A description identifying which materials have been identified as responsive, if any; and A description identifying which materials have previously been designated as privileged.” ECF No. 161 at 1-2. Despite certifying on November 6 that it had complied with the Court’s Order, ECF No. 163, the government did not provide this information until the evening of November 9, 2025, in response to a defense inquiry. The government told the defense that it “does not know” whether there are responsive sets for the first, third, and fourth warrants, or whether it has produced those to the defense, and said that in that regard, “we are still pulling prior emails” and the “agent reviewed the filtered material through relativity but there appears to be a loss of data that we are currently trying to restore.”
November 10, 2025 at 5:32 PM
emptywheel.bsky.social
Link:
DOJ response:
storage.courtlistener.com/recap/gov.us...

FBI affidavit:
storage.courtlistener.com/recap/gov.us...
#172 in United States v. Comey (E.D. Va., 1:25-cr-00272) – CourtListener.com
RESPONSE by USA as to James B. Comey, Jr re 168 Order,, GOVERNMENT'S ADDITIONAL BRIEFING ON DISCLOSURE OF GRAND JURY MATERIALS (Attachments: # 1 Affidavit, # 2 Affidavit)(Diaz, Gabriel) (Entered: 11/1...
storage.courtlistener.com
November 10, 2025 at 5:28 PM
emptywheel.bsky.social
It's a description of people making claims that don't match the facts, not of the people who caved.
November 10, 2025 at 4:53 PM
emptywheel.bsky.social
Good point.
November 10, 2025 at 3:36 PM
emptywheel.bsky.social
And a certain group of very angry online commentators find a way to avoid any nuance that might disrupt their wails.

I didn't say that and Daniel didn't either.
November 10, 2025 at 3:18 PM
emptywheel.bsky.social
And the expansion of security for Congress in the minibus will have a similar effect.

@atrupar.com
November 10, 2025 at 2:35 PM
emptywheel.bsky.social
Goldman also describes how Kash dressed as a slob for a meeting in 👀 London.

cc: @dieworkwear.bsky.social
The gathering was relatively informal, but even so, Mr. Patel surprised other attendees when he arrived wearing a trucker hat and a green hooded sweatshirt, the former U.S. official said. Mr. Patel frequently attends official events without wearing a suit, breaking with F.B.I. tradition.
November 10, 2025 at 2:31 PM
emptywheel.bsky.social
Neither is pretending my comment that people are LITERALLY ignoring the new pain of 40M not getting fed with their singular concern on the 20M who are as fucked as they have been since June.
November 10, 2025 at 2:23 PM
emptywheel.bsky.social
I think @americalabs.org would answer that very differently from me.

But a key point of the dynamics now are a response to the Big Ugly Bill which passed after March.
November 10, 2025 at 2:13 PM