Emi And The Desert Crow
@emdissents.bsky.social
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.
💙⚖️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.
"The defendant’s speculative claims of Fourth Amendment and privilege violations are insufficient to compel production of any—let alone all—grand jury material."
November 10, 2025 at 6:54 PM
"The defendant’s speculative claims of Fourth Amendment and privilege violations are insufficient to compel production of any—let alone all—grand jury material."
"...the [US] requests that the Court review the grand jury testimony in camera. In camera review is the most expedient way to establish the lack of “particularized and factually based grounds” to support the defendant’s claim that privileged information may have been shared with the grand jury."
November 10, 2025 at 6:54 PM
"...the [US] requests that the Court review the grand jury testimony in camera. In camera review is the most expedient way to establish the lack of “particularized and factually based grounds” to support the defendant’s claim that privileged information may have been shared with the grand jury."
"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."
November 10, 2025 at 6:54 PM
"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."
"The defendant must produce evidence—apart from the transcripts—that would justify disclosure to be entitled to grand jury material. His bald assertions and speculation about what the grand jury may have seen and considered are not enough."
November 10, 2025 at 6:54 PM
"The defendant must produce evidence—apart from the transcripts—that would justify disclosure to be entitled to grand jury material. His bald assertions and speculation about what the grand jury may have seen and considered are not enough."
"the defendant was provided with affidavits by 2 FBI special agents who possibly reviewed privileged materials. As their affidavits indicate, neither agent was involved in the grand jury presentation, nor was the agent that testified at the grand jury presented with the alleged privileged materials"
November 10, 2025 at 6:54 PM
"the defendant was provided with affidavits by 2 FBI special agents who possibly reviewed privileged materials. As their affidavits indicate, neither agent was involved in the grand jury presentation, nor was the agent that testified at the grand jury presented with the alleged privileged materials"
"The defendant has suggested that he needs to know what evidence was before the grand jury so he can challenge the continued use of information seized under the 2019 and 2020 warrants, and ascertain whether grand jury testimony was tainted by privileged information."
November 10, 2025 at 6:54 PM
"The defendant has suggested that he needs to know what evidence was before the grand jury so he can challenge the continued use of information seized under the 2019 and 2020 warrants, and ascertain whether grand jury testimony was tainted by privileged information."
"A defendant moving for disclosure under Rule 6(e)(3)(E)(ii) must demonstrate that “particularized & factually based grounds exist to support the proposition that irregularities in the grand jury proceedings may create a basis for dismissal of the indictment.”
Irregularities... LOL
Irregularities... LOL
November 10, 2025 at 6:54 PM
"A defendant moving for disclosure under Rule 6(e)(3)(E)(ii) must demonstrate that “particularized & factually based grounds exist to support the proposition that irregularities in the grand jury proceedings may create a basis for dismissal of the indictment.”
Irregularities... LOL
Irregularities... LOL
"The defendant’s desire to review grand jury material—either to support a Fourth Amendment claim or to find out whether privileged communications were shared with the grand jury—is insufficient to compel disclosure."
November 10, 2025 at 6:54 PM
"The defendant’s desire to review grand jury material—either to support a Fourth Amendment claim or to find out whether privileged communications were shared with the grand jury—is insufficient to compel disclosure."
Highlighting the same portions of the transcript as the defense (thread on defense papers quoted in first post).
November 10, 2025 at 6:54 PM
Highlighting the same portions of the transcript as the defense (thread on defense papers quoted in first post).
"During a November 5 hearing on the filter protocol before Judge Fitzpatrick, the government explained that an agent recently reviewing digital data from one of the 2019 and 2020 D.C. warrants observed a conversation that might have “involved attorney-client confidences.”
November 10, 2025 at 6:54 PM
"During a November 5 hearing on the filter protocol before Judge Fitzpatrick, the government explained that an agent recently reviewing digital data from one of the 2019 and 2020 D.C. warrants observed a conversation that might have “involved attorney-client confidences.”
"Even so, in the interest of judicial economy, the government requests that the Court review the transcript of grand jury testimony in camera* to confirm the baselessness of the defendant’s claim that privileged information may have been shared with the grand jury."
*'in a chamber', private.
*'in a chamber', private.
November 10, 2025 at 6:54 PM
"Even so, in the interest of judicial economy, the government requests that the Court review the transcript of grand jury testimony in camera* to confirm the baselessness of the defendant’s claim that privileged information may have been shared with the grand jury."
*'in a chamber', private.
*'in a chamber', private.
"First, Rule 6(e) does not permit the defendant to access grand jury material so he can search for grounds that might support a motion to suppress or to dismiss."
November 10, 2025 at 6:54 PM
"First, Rule 6(e) does not permit the defendant to access grand jury material so he can search for grounds that might support a motion to suppress or to dismiss."
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."
"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
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."
"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."
"The government’s inability to answer basic questions about warrant execution, data segregation and grand jury presentations supports disclosure and provides ample basis to depart from the presumption of regularity."
November 10, 2025 at 6:19 PM
"The government’s inability to answer basic questions about warrant execution, data segregation and grand jury presentations supports disclosure and provides ample basis to depart from the presumption of regularity."
The govt was also ordered to provide details on how they'd divided and reviewed the search warrants.
"Despite certifying on November 6 that it had complied with the Court’s the government did not provide this information until the evening of November 9, 2025, in response to a defense inquiry."
"Despite certifying on November 6 that it had complied with the Court’s the government did not provide this information until the evening of November 9, 2025, in response to a defense inquiry."
November 10, 2025 at 6:19 PM
The govt was also ordered to provide details on how they'd divided and reviewed the search warrants.
"Despite certifying on November 6 that it had complied with the Court’s the government did not provide this information until the evening of November 9, 2025, in response to a defense inquiry."
"Despite certifying on November 6 that it had complied with the Court’s the government did not provide this information until the evening of November 9, 2025, in response to a defense inquiry."
Get a load of these footnotes...
"On November 6, 2025, the government produced various copies of what appear to be the raw returns for the search warrants at issue, unscoped for responsiveness and filtered for Mr. Richman’s privileges."
"On November 6, 2025, the government produced various copies of what appear to be the raw returns for the search warrants at issue, unscoped for responsiveness and filtered for Mr. Richman’s privileges."
November 10, 2025 at 6:19 PM
Get a load of these footnotes...
"On November 6, 2025, the government produced various copies of what appear to be the raw returns for the search warrants at issue, unscoped for responsiveness and filtered for Mr. Richman’s privileges."
"On November 6, 2025, the government produced various copies of what appear to be the raw returns for the search warrants at issue, unscoped for responsiveness and filtered for Mr. Richman’s privileges."
"...the Court ordered “the government to disclose to the defense all grand jury materials, not just the testimony of the agent, but anything that was said during the course of the grand jury."
November 10, 2025 at 6:19 PM
"...the Court ordered “the government to disclose to the defense all grand jury materials, not just the testimony of the agent, but anything that was said during the course of the grand jury."
"The Court noted that the information requested by the defense was “entirely reasonable” given the “highly unusual” posture of the case, which was “indict first, investigate second, [which] creates procedural challenges and substantive challenges.”
November 10, 2025 at 6:19 PM
"The Court noted that the information requested by the defense was “entirely reasonable” given the “highly unusual” posture of the case, which was “indict first, investigate second, [which] creates procedural challenges and substantive challenges.”
"This Court found that in order to enable both parties to “have an opportunity to fully explore and litigate the issue, ...it was necessary for everyone to “have a full understanding of what happened, what was done so that these issues can be properly litigated and fleshed out.”
November 10, 2025 at 6:19 PM
"This Court found that in order to enable both parties to “have an opportunity to fully explore and litigate the issue, ...it was necessary for everyone to “have a full understanding of what happened, what was done so that these issues can be properly litigated and fleshed out.”
"In response, this Court stated that “[w]e’re going to fix that, and we’re going to fix that today,” and asked the defense what information it needed to file motions challenging the “original search” and “the continued use” of materials obtained pursuant to the warrants at issue."
November 10, 2025 at 6:19 PM
"In response, this Court stated that “[w]e’re going to fix that, and we’re going to fix that today,” and asked the defense what information it needed to file motions challenging the “original search” and “the continued use” of materials obtained pursuant to the warrants at issue."
"the defense noted that affidavits provided by the govt indicated that FBI agents accessed what appeared to be returns filtered for Mr. Richman’s privileges that included both responsive and non-responsive documents, which was plainly violative of the Fourth Amendment."
Yeah, it's not going well.
Yeah, it's not going well.
November 10, 2025 at 6:19 PM
"the defense noted that affidavits provided by the govt indicated that FBI agents accessed what appeared to be returns filtered for Mr. Richman’s privileges that included both responsive and non-responsive documents, which was plainly violative of the Fourth Amendment."
Yeah, it's not going well.
Yeah, it's not going well.
"To that effect, this Court held an approximately one-hour hearing on November 5, 2025, to consider issues directly bearing on whether any review of the seized materials could proceed, including privilege, taint, and the government’s proposed filter protocol."
November 10, 2025 at 6:19 PM
"To that effect, this Court held an approximately one-hour hearing on November 5, 2025, to consider issues directly bearing on whether any review of the seized materials could proceed, including privilege, taint, and the government’s proposed filter protocol."
"On October 29, 2025, Judge Nachmanoff appointed this Court “to preside over all proceedings related to the potential review of privileged materials in this case..."
November 10, 2025 at 6:19 PM
"On October 29, 2025, Judge Nachmanoff appointed this Court “to preside over all proceedings related to the potential review of privileged materials in this case..."
Footnote: "Concerns about taint arising from the improper use of potentially privileged and unconstitutionally-obtained materials are heightened because of the government’s continued use of the materials obtained pursuant to the warrants and grand jury transcripts."
November 10, 2025 at 6:19 PM
Footnote: "Concerns about taint arising from the improper use of potentially privileged and unconstitutionally-obtained materials are heightened because of the government’s continued use of the materials obtained pursuant to the warrants and grand jury transcripts."