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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 1h

you know what that’s very fair

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 1h

But see:

Mike Black @mikeblack114.bsky.social · 1h

You can't take yet unused funds from a prior FY multi-year appropriation (which is what this would be) and shoehorn that in to a purpose for which Congress appropriates money annually, but has not yet appropriated

The FY25 MILPERS appropriation is expired, and there is no FY26 MILPERS appropriation

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 1h

I think it’s to everyone’s benefit to know if a legal position is “regular wrong” or “ech, maybe” or “oh no oh no red alert.” And it’s important to me to know to what extent the admin still sees itself as constrained by law. That’s why I try to be honest about these things.

Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2h

the gist I got from other accounts was that POTUS was acting without any statutory authority. turns out that’s not really true! maybe that explains why, e.g., the news or national Dems are behaving as they are

Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2h

I think it’s always important to get things right even though (as you say) the big picture is very disturbing. They’re pulling every lever they’ve got, and Congress has given them a hell of a lot of levers. (Yes I know this is the lawyer brain talking)

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2h

to be very clear if I were a DOJ lawyer I would not recommend doing this but at least there’s a clear 8B upper limit that means even this dodgy move won’t ease the pain for very long

Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2h

I mean probably yes, but I could definitely argue otherwise! and anyway, “they’re playing fast and loose with statutory language” is a problem but nowhere near as big a problem as “POTUS is seizing the appropriations power”. one, maybe two-alarm fire instead of a five-alarm fire

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2h

I can’t explain how much fun it’s going to be to watch Nachmanoff deal with DOJ complaining about deadlines. occupational hazard of having your whole prosecution team be Alexandria novices!

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2h

rocket docket hits different don’t it 😎😎😎

emptywheel @emptywheel.bsky.social · 3h

The government has submitted a wailing motion on discovery in the Jim Comey case--partly wailing that bc he won't agree to a protective order--they don't have agreement.

But they basically ignore Judge Nachmanoff's order that ALL discovery is due Monday.

storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Charlie Thomas @cthomasjamh.bsky.social · 3h

So this is interesting- there may be a legal path to transfer some monies to cover pay but a) this specific use might still be debatable and b) $8bn might sound like a lot but it won’t cover these costs for long. Active Duty payroll plus retirements is ~$190bn a year so this maybe gets us two weeks.

eric gonzalez juenke @egojunk.bsky.social · 4h

The DoD is allowed to transfer this money per statute apparently (though this is outside of my area). The CR in March upped it to 8 billion.

Of course it has. It always does. Sec 8005 of DOD Appropriations, for starters…

That one provision now allows for $8b in transfers, per March’s full year CR:

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Anna Bower @annabower.bsky.social · 2d

Indictment alleges that James claimed the property as a 2nd home but used it as a rental investment property.

It says she rented the property out but conveniently doesn’t specify the timeframe or duration.

That’s notable bc you can rent out a 2nd home and the rider allows short-term rentals.

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On or about August 17, 2020, JAMES, as sole borrower, purchased the three (3) bedroom,
(1) bathroom property located at 3121 Peronne Avenue, Norfolk, Virginia 23509 (the
"Peronne Property"), for approximately $137,000, financed with a mortgage loan of approximately $109,600 (Loan #4430025978) backed by Fannie Mae.
6. The loan was originated by OVM Financial under a signed Second Home Rider, which required JAMES, as the sole borrower to occupy and use the property as her secondary residence, and prohibited its use as a timesharing or other shared ownership arrangement or agreement that requires her either to rent the property or give any other person any control over the occupancy or use of the property.
7. Despite these representations, the Peronne Property was not occupied or used by JAMES as a secondary residence and was instead used as a rental investment property, renting the property to a family of (3).
8. This misrepresentation allowed JAMES to obtain favorable loan terms not available for

In addition to the covenants and agreements made in the security Instrument Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following:
6. Occupancy, Borrower will occupy and use the Property as Borrower's second home. Borrower will maintain exclusive control over the occupancy of the Property, including short-term rentals, and will not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person or entity any control over the occupancy or use of the Property. Borrower will keep the Property available primarily as a residence for Borrower's personal use and enjoyment for at least one year after the date of this Second Home Rider, unless Lender otherwise agrees in writing, which consent shall not be unreasonably with-held, or unless extenuating circumstances exist which are beyond Borrower's control.
8. Borrower's Loan Application. Borrower shall be in default it, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materally false, mislead-ing, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Second Home Rider.

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Mrs. Detective PikaBOO, Esq. @clapifyoulikeme.favrd.social · 2d

🚨🚨🚨NEW JUDGE FARUQUI BANGER JUST DROPPED🚨🚨🚨

storage.courtlistener.com/recap/gov.us...

Page 12, the conclusion:
This litigation and the delay caused by it could have been avoided if the government had simply gone to one of the other federal grand juries. That escape hatch remains open today. At any time, the government can short circuit this dispute by taking their federal charge before a federal grand jury. The question then is why are they now afraid to do so?

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2d

what a mess lol

Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2d

seems like the loan required James to be the sole owner/occupant and not enter into a “shared ownership arrangement,” but you can use a property as an AirBnb and retain full control over occupancy and use of the property…

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2d

this might be a terrible paraphrase by Halligan but I genuinely think as written this might fail to state an offense

Popehat Agitates And Irritates @kenwhite.bsky.social · 2d

/2 Also note that this key paragraph characterizes the agreement rather than quoting it, an odd choice in this context. Seems skeevy.

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Joshua J. Friedman @joshuajfriedman.com · 2d

Today's Letitia James indictment appears to relate to a *different* property in Norfolk, Virginia, from the one that was the subject of Bill Pulte's April "criminal referral" letter.

While Pulte described a property in zip 23505 bought in 2023, the indictment refers to one in 23509 bought in 2020.

Norfolk, VA 23505
On August 17, 2023, Ms. James granted Ms. Shamice Thompson-Hairston power of attorney to make a Virginia property her "principal residence." See Exhibit A. And on August 30 and 31, 2023, through her attorney, Ms. James purchased this property in Norfolk, VA. In a Fannie Mae/Freddie Mac Form 3047 and in mortgage documents, she reaffirmed this would be her primary residence, despite being a statewide public office holder in the state of New York at that same time and primarily residing in the state of New York. See Exhibit B.
In fact, a building permit issued on her New York property on July 15, 2024 lists her New
York property as the "JAMES RESIDENCE" and states "Remain Occupied":

Primary residence mortgages receive more favorable loan terms, including lower interest rates, than secondary residence mortgages. Lenders view secondary residence mortgages as significantly riskier, as a borrower is more likely to continue paying off a primary residence mortgage during any financial hardship. Interest rates on secondary residence mortgages are typically between 0.25-0.50% higher than their primary residence counterparts; however, this gap can widen depending on the lender. At the time of the 2023 Norfolk, VA property purchase and mortgage, Ms. James was the siting Attorney General of New York and is required by law to have her primary residence in the state of New York-even though her mortgage applications list her intent to have the Norfolk, VA property as her primary home. It appears Ms. James' property and mortgage-related misrepresentations may have continued to her recent 2023 Norfolk, VA property purchase in order to secure a lower interest rate and more favorable loan terms.

5. On or about August 17, 2020, JAMES, as sole borrower, purchased the three (3) bedroom,
(1) bathroom property located at 3121 Peronne Avenue, Norfolk, Virginia 23509 (the
'Peronne Property"), for approximately $137,000, financed with a mortgage loan of approximately $109,600 (Loan #4430025978) backed by Fannie Mae.
6. The loan was originated by OVM Financial under a signed Second Home Rider, which
required JAMES, as the sole borrower to occupy and use the property as her secondary residence, and prohibited its use as a timesharing or other shared ownership arrangement or agreement that requires her either to rent the property or give any other person any control over the occupancy or use of the property.
7. Despite these representations, the Peronne Property was not occupied or used by JAMES as a secondary residence and was instead used as a rental investment property, renting the
property to a family of (3).

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Jon Seidel @jonseidel.bsky.social · 2d

Perry says the order will say defendants are "temporarily enjoined from ordering the federalization and deployment of the National Guard of the United States within Illinois."

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Joshua J. Friedman @joshuajfriedman.com · 2d

Letitia James's initial appearance in Virginia federal court has been scheduled for October 24. storage.courtlistener.com/recap/gov.us...

SUMMONS IN A CRIMINAL CASE
YOU ARE SUMMONED to appear before the United States district court at the time, date, and place set forth
below to answer to one or more offenses or violations based on the following document filed with the court:
• Indictment
Place: Walter E. Hoffman U.S. Courthouse
600 Granby Street
Norfolk, Virginia 23510
Courtroom No.: Magistrate Courtroom #2
Date and Time: 10/24/20259:00 am

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2d

former white-collar AUSA Judge Jamar Walker. should be interesting. I don’t expect this to move as fast as Comey’s case (Norfolk is less speed-obsessed than Alexandria)

Joshua J. Friedman @joshuajfriedman.com · 2d

It appears that Lindsay Halligan's prosecution of Letitia James has been assigned to Biden appointee Jamar K. Walker.

James is represented by Abbe Lowell.

U.S. District Court
Eastern District of Virginia - (Norfolk)
CRIMINAL DOCKET FOR CASE #: 2:25-cr-00122-JKW-DEM All Defendants
RECAP Actions y
Case title: USA v. James
Assigned to: District Judge Jamar K. Walker Referred to: Magistrate Judge Douglas E.
Miller
Defendant (1)
Letitia A. James
Date Filed: 10/09/2025
represented by Abbe David Lowell
Lowell & Associates, PLLC

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Popehat Agitates And Irritates @kenwhite.bsky.social · 2d

/2 Also note that this key paragraph characterizes the agreement rather than quoting it, an odd choice in this context. Seems skeevy.

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Hell-Pleaded Spook-plaints 🎃 @timorous.cishet.net · 2d

☠️

Jon Seidel @jonseidel.bsky.social · 2d

Christopher Wells from Illinois tells Perry "we would request the addition of language intended to cover National Guard from other states, or the National Guard of the United States.

"We don't want to get into an Oregon situation."

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Jon Seidel @jonseidel.bsky.social · 2d

Perry just handed a draft of her order to both sides and left the bench. She's letting them look at it until she returns.

We still don't know the details of her order. She said she's granting the state's request "in part," which indicates some part of it is also being denied. Stay tuned.

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Jon Seidel @jonseidel.bsky.social · 2d

Perry: "There is no evidence that the president is unable, with the regular forces, to execute the laws of the United States."

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Jon Seidel @jonseidel.bsky.social · 2d

Perry: "Deportations are up. Arrests are up. … The courthouse remains open and always has. Federal laws are being executed. They're also being broken, as they have been since the beginning of time."

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Jon Seidel @jonseidel.bsky.social · 2d

Perry: "I have seen no credible evidence that there is danger of rebellion in the state of Illinois."

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