Emi And The Desert Crow
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emdissents.bsky.social
Emi And The Desert Crow
@emdissents.bsky.social
9.7K followers 14K following 4.8K posts
Girl with the Alexander Hamilton tattoo.

💙⚖️Relentlessly watching the docket, posting about the law (and live posting important hearings!) I have ADHD, there will also be chaos.

"With fear for our democracy, I dissent."

@emiandthedesertcrow on Threads.
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emdissents.bsky.social
Emi And The Desert Crow @emdissents.bsky.social · Feb 13
Goodbye, independent DOJ. It was nice knowing you and daydreaming about working there someday.
a man in a suit is sitting in a grave with the words r.i.p to what we had written on the ground .
ALT: a man in a suit is sitting in a grave with the words r.i.p to what we had written on the ground .
media.tenor.com
emdissents.bsky.social
He thinks his fake pardon extends to a federal charge for assaulting two FBI agents “dispatched on behalf of Special Counsel Jack Smith to serve Floyd with a subpoena”.

Ed Martin is probably drafting a separate one right now just to cover that.

abcnews.go.com/Politics/man...
Man pardoned by Trump in 'fake electors' scheme hopes it extends to unrelated assault charge
Pardoned by Trump for his role in the effort to challenge the 2020 election results, Harrison Floyd hopes the pardon will extend to a later assault charge.
abcnews.go.com
November 11, 2025 at 12:23 AM
emdissents.bsky.social
Trump is threatening to sue the BBC for $1bn because of some spliced footage of his January 6 speech in a documentary which apparently “materially misled” the audience into thinking he incited an insurrection (he did, though).

1/5
November 10, 2025 at 11:51 PM
emdissents.bsky.social
Comey hearing (posted after, but typed up live -- although I did amend typos and explain some Latin after the fact lol)

Judge: Govt has requested that I view the grand jury materials in camera*, I appreciate that position and it seems to make sense to me. Ms. Donaleski?

*'in a chamber', private
November 10, 2025 at 9:42 PM
emdissents.bsky.social
ARE YOU FREAKING KIDDING ME?!?!?

“The provision, tucked into a measure to fund the legislative branch, appears to immediately allow for eight G.O.P. senators to sue over their phone records being seized in the course of the investigation by Jack Smith…”

www.nytimes.com/2025/11/10/u...
Spending Bill Would Pave Way for Senators to Sue Over Phone Searches
www.nytimes.com
November 10, 2025 at 8:47 PM
emdissents.bsky.social
James Comey’s reply in support of motion to dismiss based on unlawful appointment:

storage.courtlistener.com/recap/gov.us...
#175 in United States v. Comey (E.D. Va., 1:25-cr-00272) – CourtListener.com
Reply by James B. Comey, Jr re 60 MOTION to Dismiss Indictment based on Unlawful Appointment (Carmichael, Jessica) (Entered: 11/10/2025)
storage.courtlistener.com
November 10, 2025 at 8:01 PM
emdissents.bsky.social
James Comey has filed his reply in support of motion to dismiss for vindictive and selective prosecution (he was granted the excess pages!)

storage.courtlistener.com/recap/gov.us...
#174 in United States v. Comey (E.D. Va., 1:25-cr-00272) – CourtListener.com
Reply by James B. Comey, Jr re 59 MOTION to Dismiss Indictment based on Vindictive and Selective Prosecution (Attachments: # 1 Exhibit)(Carmichael, Jessica) (Entered: 11/10/2025)
storage.courtlistener.com
November 10, 2025 at 7:53 PM
emdissents.bsky.social
Here's what the govt has to say...

"Defendant James B. Comey, Jr., speculates that the govt may have submitted evidence subject to suppression or attorney-client privileged communications to the grand jury. And, he asserts, he needs access to grand jury material to confirm whether that happened."
November 10, 2025 at 6:54 PM
emdissents.bsky.social
Comey's response to court's order (additional briefing on the disclosure of grand jury material before today's hearing).

It gets messy in the footnotes! The govt is flailing.
November 10, 2025 at 6:19 PM
emdissents.bsky.social
James Comey asks for permission to exceed the 20-page limit (by up to six pages) for his reply in support of motion to dismiss based on vindictive and selective prosecution.
JAMES B. COMEY. JR.'S MOTION TO EXCEED PAGE LIMIT James B. Comey, by counsel, moves this Honorable Court for leave to exceed, by up to six pages, the 20-page limit set forth in Local Criminal Rule 47 for his forthcoming Reply in Support of his Motion to Dismiss the Indictment based on Vindictive and Selective Prosecution ("Reply"). Like the initial motion, the Reply discusses two substantial legal arguments in one brief: one argument that this prosecution is vindictive, in violation of due process and the First Amendment; and another that this prosecution is selective, in violation of equal protection. These issues require presentation of significant facts and analysis. Counsel conferred with the government who takes no position on this motion. A Proposed Order is attached. WHEREFORE, Mr. Comey respectfully requests leave to file in excess of the page limit by up to six additional pages for his Reply.
November 10, 2025 at 3:16 PM
emdissents.bsky.social
😮‍💨

www.scotusblog.com/2025/11/supr...
Supreme Court declines to hear case on constitutionality of same-sex marriage
The Supreme Court on Monday morning turned down a request from Kim Davis, a former county clerk in Kentucky, to reconsider its 2015 decision recognizing a constitutional right to same-sex […]
www.scotusblog.com
November 10, 2025 at 3:00 PM
emdissents.bsky.social
I haven’t seen anyone talking about this, so I am.

I’ve read the House Judiciary deposition transcripts of two of Jack Smith’s prosecutors, Jay Bratt and Thomas Windom. The documents appear to have flown under the radar.

open.substack.com/pub/emiandth...
Silent Witness
What House Judiciary Depositions Tell Us About GOP Retribution Campaign
open.substack.com
November 10, 2025 at 1:02 PM
emdissents.bsky.social
None of these people were charged with federal crimes, so this means nothing.

abcnews.go.com/Politics/tru...
Trump pardons Rudy Giuliani, other key figures allegedly involved in efforts to overturn the 2020 election
Ed Martin, the United States Pardon Attorney, announced that President Trump would be pardoning key figures allegedly involved in efforts to overturn the 2020 election.
abcnews.go.com
November 10, 2025 at 7:00 AM
emdissents.bsky.social
Full text in The Atlantic.

🧵Some highlights:

“I no longer can bear to be restrained by what judges can say publicly or do outside the courtroom.”

www.theatlantic.com/ideas/2025/1...

1/25
November 9, 2025 at 10:59 PM
emdissents.bsky.social
Wow.

www.nytimes.com/2025/11/09/u...
Federal Judge, Warning of ‘Existential Threat’ to Democracy, Resigns
www.nytimes.com
November 9, 2025 at 10:30 PM
emdissents.bsky.social
Of course they did. Of course.

apnews.com/article/snap...
Supreme Court issues emergency order to block full SNAP food aid payments
The Supreme Court has granted the Trump administration’s emergency appeal to temporarily block a court order to fully fund SNAP food aid payments amid the government shutdown.
apnews.com
November 8, 2025 at 2:41 AM
emdissents.bsky.social
Letitia James: "This indictment is the product of vindictive and selective prosecution, in violation of the Fifth Amendment. Because this prosecution is flagrantly unconstitutional, this Court should dismiss the indictment with prejudice."
November 8, 2025 at 1:40 AM
emdissents.bsky.social
Letitia James: Motion to dismiss for vindictive and selective prosecution.

It starts with “No one is above the law”. You look at the footnote, and…they’re citing social media posts by Bondi, Trump, and Ed Martin.

storage.courtlistener.com/recap/gov.us...
"No one is above the law."! In ordering Ms. Lindsey Halligan to bring charges against Attorney General James, President Trump, Attorney General Pamela Bondi, and "Special Attorney for Mortgage Fraud" Edward Martin have forgotten that the phrase they frequently invoke applies to them as well. The Constitution requires that law, not retribution, must motivate criminal prosecutions. After three years of investigation, the New York Attorney General's Office, under AG James' leadership, brought a civil action in which the President, two of his children, and the Trump Organization were found liable for fraud. This lawsuit, and AG James' outspoken criticism of the President, triggered six years of targeted attacks. President Trump and his allies have used every insulting term in their vocabulary to deride AG James and call for criminal penalties in retaliation for the exercise of her rights and fulfillment of her statutory duties to fulfill her obligations as New York state's attorney general. Since his second inauguration, the President and his hand-picked Department of Justice officials exhausted every avenue to secure the payback that the President demanded. But even after stripping AG James' security clearance, creating "working groups" on weaponization to find anything to substantiate a prosecution against her, commencing a five-month investigation, and sending a letter threatening her with prosecution if she failed to resign from her position, AG Bondi and Mr. Martin could not support a criminal charge. That did not sit well with the President. So the President removed what he viewed as the final roadblock to his plan-interim U.S. Attorney Erik Siebert-and installed his own lawyer, Ms. Halligan, with the singular mission of churning
November 7, 2025 at 11:16 PM
emdissents.bsky.social
Anyone else remember that time Kamala said she’d take on price gouging on groceries and Republicans freaked out and said it was communism?

I remember.
It is still impossible to say, from publicly available details, what exactly the ban would do. Republicans have denounced the proposal as "communist," warning that it would lead to the federal government setting prices in the marketplace. Former President Donald J. Trump has mocked the plan on social media as "SOVIET Style Price Controls."
November 7, 2025 at 10:00 PM
emdissents.bsky.social
Oh! There’s going to be a telephonic hearing on this *with a public line*!!!

OMG, clear my diary! 😆
ORDERED that a telephonic hearing on this issue shall be held on November 10, 2025, at 4:00 p.m.; and it is further ORDERED that the Clerk of Court shall file the conference line information on the docket, which may be used by the public to access the hearing, no later than 11:00 a.m. on November 10, 2025; and it is further ORDERED that any party wishing to submit additional briefing on this issue shall do so no later than 12:00 p.m. on November 10, 2025. Signed by Magistrate Judge William E. Fitzpatrick on 11/07/2025.
November 7, 2025 at 9:09 PM
emdissents.bsky.social
“In a new letter sent Friday to… Chuck Grassley, lawyers for Smith argue that politics had no influence over their client’s investigations into Trump and agreed it would be unacceptable for any occupant of the White House to leverage law enforcement against a perceived enemy.”

Oh, mic drop! 😆
November 7, 2025 at 8:31 PM
emdissents.bsky.social
👀

www.politico.com/live-updates...
Jack Smith takes a swipe at Trump
The former special counsel, under pressure to testify before Congress, has sent Chuck Grassley a new letter.
www.politico.com
November 7, 2025 at 8:26 PM
emdissents.bsky.social
Comey: The govt said yesterday that the magistrate judge exceeded his authority by ordering them to provide grand jury material to the defense. The trial judge disagrees, saying: “Judge Fitzpatrick's Order regarding the disclosure of the grand jury materials falls within the matter referred to him…”
Judge Fitzpatrick's Order regarding the disclosure of the grand jury materials falls within the matter referred to him by this Court. By Order of this Court, Judge Fitzpatrick was designated to "preside over all proceedings related to the potential review of privileged materials in this case." ECF 102. This Court finds that Judge Fitzpatrick's ruling falls within the ambit of this referral. Indeed, the topic of a potential privilege spill was raised by Defendant in both his opposition to the government's motion to expedite the ruling on the filter protocol motion, ECF 55 at 3, and in his opposition to the motion for a filter protocol,
November 7, 2025 at 5:25 PM
emdissents.bsky.social
They’re investigating the Russia stuff (again), and Jack Smith’s office.

What an excellent use of public funds and resources 🙄

www.reuters.com/legal/govern...
Reuters: US preparing subpoenas related to 2016 Russia election-interference intelligence, sources say
November 6, 2025 at 10:34 PM
emdissents.bsky.social
Oh boy, these Republicans are just begging to have all their dirty laundry aired in public 😆

Keep talking about Arctic Frost and reminding us daily of Dear Leader’s crime wave! This is going to go *really* well for all of you, I’m sure!
Sen. Marsha Blackburn asks AG Pam Bondi to release Arctic Frost 'grand jury materials' on Republicans' phone records
November 6, 2025 at 10:26 PM
emdissents.bsky.social
Letitia James case: it seems that what the govt submitted to the judge yesterday in terms of grand jury material wasn’t sufficient (as was the case with Comey) so now they’ve also provided “the recorded introduction, presentation, and conclusion.”

1/2
NOTICE OF COMPLIANCE WITH JUDICIAL ORDER The government files this notice of compliance with Court's Order. The Court had previously Ordered the government to provide, for in camera review, all documents relating to the indictment signer's participation in the grand jury proceedings, along with complete grand jury transcripts. [DTO 28]. In response, the government provided the transcript of the Grand Jury proceedings and electronic communications. The Court subsequently requested the Grand Jury recording. In response, the government provides the recorded introduction, presentation, and conclusion. Further, the government also presents a transcript that includes the introduction, the presentation, and the conclusion. The above items have now been provided to the Court in compliance with the Court's Order.
November 6, 2025 at 9:29 PM