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MY FIRST AMENDMENT CASE: SUPREME COURT CERT PETITION NOW PUBLICLY DOCKETED

We believe the critical First Amendment issues in this case merit the Supreme Court’s review.

If I had been a reporter in Boston, in the First Circuit, the subpoena for my confidential sources would e courts years ago.

But the decisions in my case have made protections for reporters and their sources in Washington DC the weakest—even though this is where most national security stories are reported.

The outcome of our case will impact every journalist and their ability to protect confidential sources.

It should also concern every journalist — and every American who values a free press — that vital First Amendment rights are being decided in a case where the courts have kept important information hidden from public view.

I have never seen this unclassified evidence, but court records confirm it includes the Department of Defense’s decision to terminate the plaintiff's federal funding on national security grounds.

Serious journalists everywhere should demand the release of this sealed evidence, so the public can fully understand what is at stake when courts impose fines and order reporters to reveal their confidential sources.

- Catherine
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INSTA-MESSAGES ARE FOREVER: SHADOW GOVERNMENT PROSECUTION

Much of the case surrounding ex-FBI senior officials Floris and Benavides for allegedly lying to Congress about their knowledge of and involvement in the Hunter Biden probe is document driven.

Take this October 2020 nts for then FBI Director Wray about the Hunter Biden laptop.

The draft talking points begin: “The most I (Wray) can say is that the FBI is in possession of an item that we lawfully seized.”

BENAVIDES responded “This is good…you could add another if asked:

Is the information we’re seeing in the press about a laptop containing emails associated with Hunter Biden part of a Russia disinformation effort? (Reference New York Post)

I can see from the perspective of anyone consuming this story that they could be concerned this is a Russia disinformation effort similar to what the FBI, ODNI, and other agencies have warned against; however, the FBI has not made that determination in this specific instance and as I stated before, I won’t comment on investigations or investigative actions.”

BENAVIDES then wrote “Nikki, thoughts???”

FLORIS responded “Looks good!”

These FBI talking points promoted a false narrative that the Hunter Biden laptop was a Russian plant before the 2020 election, a kind of October surprise. 

Based on my investigative reporting, the FBI determined MONTHS before the 2020 election the laptop was authentic and the property of Hunter Biden.
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FLORIS 2023 transcribed interview to Congress:

Q. Did you have any involvement in the Hunter Biden
investigation?

FLORIS A. I did not.

Q. Was there ever a discussion at the FITF (FBI Foreign Influence Task Force) about Hunter Biden?

A. No. At least not with me. And again, low me, so whether or not conversations happened, I don’t know, but I personally did not have any conversations.

FLORIS STATEMENT via legal team: “Nikki Floris is a patriot. She served our nation as a dedicated FBI intelligence officer for nearly 20 years.

Yet today, the DOJ has accused her falsely of a crime on the say-so of politicians, not on the facts. It’s no coincidence the government is filing these nonsense charges now, years later, on the eve of an election.

“The government’s reasons for charging Nikki are as transparent as they are unjust: to push a false narrative for a shot at political points. It’s another sad day for the DOJ, but we look forward to Nikki’s day in court.”
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FBI SHADOW GOVERNMENT CHARGES: @ChuckGrassley leads the way

“Today, we’re seeing accountability efforts in action. I appreciate the Department of Justice and the FBI’s work to root out government corruption and embrace transparency. At long last, Americans can see all the facts lves.”

“These two unelected bureaucrats (EX-FBI SENIOR OFFICIALS FLORIS AND BENAVIDES) used the power of government to smear my and @SenRonJohnson constitutional oversight and distract from inconvenient truths that weaponized bureaucrats and the Biden administration didn’t want you to know."
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PROSECUTION 2 EX-FBI AGENTS LYING TO CONGRESS: INCLUDING FBI "SHADOW GOVERNMENT" AGENT

According to court records, "...on July 19, 2023, (NIKKI) FLORIS, and on September 28, 2023, (BRADLEY BENAVIDES,) knowingly and willfully provided materially false information about their ement in the FBI’s investigations into Hunter Biden."

"As described in detail below, witness accounts and contemporaneous documents from December 2019 through September 2021 show that FLORIS and BENAVIDES knew about and were actively involved in the FBI’s investigations of Hunter Biden."

The charges stem from an ongoing investigation into the since-dissolved FBI Foreign Influence Task Force.

BACK STORY: CONNECTING THE DOTS DISBANDED FBI FOREIGN INFLUENCE TASK FORCE, ALLEGED SUPPRESS BIDEN INVESTIGATIONS, 2020 CHINA INFLUENCE OPERATIONS 👇
BREAKING: @FBIDirectorKash Confirms Internal Review of Foreign Influence Task Force (FITF) + Alleged Bias Favoring Bidens

"..we are investigating whether the FITF (Foreign Influence Task Force) used information...to undermine or influence ongoing investigations by only focusing onfidential Human Sources) involving the Bidens."

- "We remain concerned that defensive briefings to Congress may have been overly focused on just Biden and Ukraine rather than the balanced picture of all foreign threats."

- "Although these alleged activities occurred during a different era within the Bureau, my team is firmly committed to identifying, investigating, and holding accountable all abuses."

- Patel writes he "immediately" disbanded this task when he became FBI Director.

NOTE: Defensive briefings are done by the FBI to warn individuals or institutions that they may be the target of foreign disinformation campaigns

@SenRonJohnson recently confirmed to me that Nikki Floris (who wrote internal 'Shadow Government' message) was one of the FBI agents who gave him and @ChuckGrassley a “defensive briefing” in August 2020 about an alleged Russian disinformation campaign targeting the Biden family.

Floris did not respond to earlier requests for comment.
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NEW RECORDS: BIDEN UKRAINE CORRUPTION ALLEGATIONS

Newly declassified emails and intelligence reports suggest a high priority witness for a GOP Senate investigation @ChuckGrassley @SenRonJohnson  into Biden corruption allegations was blocked from entering the US.

Two weeks n, State DEPT email reads: 

“..to follow up on the Telezhinko (sic) visa, we revoked it earlier this month because he was imminently getting on a plane and needed to move quickly…”

- FBI and Intelligence Community “weren’t checking if allegations were true, they were suffocating anti-Biden Ukraine narrative, " says administration official

CONTEXT: Visa revocation and reported sanctions on Andrii Telizhenko appear to fit a broader pattern:

•IRS agents assigned to Hunter Biden laptop probe, including Burisma, say they were blocked from investigating leads into the “Big Guy”

•51 former intelligence official claim laptop had “classic earmarks” of a Russia information operation. Months earlier FBI had authenticated laptop

•FBI HQ appears to slow roll other Biden probes

•Senators Grassley and Johnson get FBI suspect "offensive briefing" about Russian disinformation, allegedly designed to thwart Hunter Biden probe

NOTE: Declassified records also raise prospect of circular reporting.  

Here’s how it works: Government officials (or their proxies) plant information with a reporter, who publishes it. The same officials then cite the resulting media story to justify further investigative steps. 

Exposing “circular reporting” undermines the credibility of some journalists who built their reputations on Russia collusion scoops

New records via @WhiteHouse transparency task force
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ILHAN OMAR: HOW PASSPORT FRAUD MAY BE ANOTHER AVENUE FOR PROSECUTION

Seasoned federal investigators know passport fraud may be another path to criminal charges.

18 U.S.C. § 1542 (False Statement in Application)

- Prohibits making any false statement in a passport ssport obtained via false statements, or using a passport with an assumed/false name to hide criminal behavior

The 10-year statute of limitations on passport fraud is reset every time the individual renews their passport if the underlying application records, such as a Social Security Number, were obtained through fraud.

For example, the suspect lied about the true date and place of their birth to obtain a social security number.

HERE'S HOW IT WORKS: AMERICAN TERRORIST

This legal strategy was used to obtain a holding charge for the American terrorist Anwar al-Awlaki after 9/11.

Anwar al-Awlaki was a dual U.S.-Yemeni citizen.

The radical cleric, who became a top al Qaeda leader, was born in Las Cruces, New Mexico, where his parents lived at the time.

He later grew up in Yemen.

When it was time for college, Awlaki gamed the system.

He applied for tuition assistance through the State Department and USAID to finance his studies at Colorado State University.

Awlaki was not eligible for financial support as a U.S. citizen, so he used his Yemeni passport (and false claims about his birthplace) to secure roughly $20,000 in scholarship money.

It was the beginning of the big grift.

When the Joint Terrorism Task Force investigated Awlaki after 9/11 for his relationship and material support of hijackers in San Diego and Virginia, a seasoned federal investigator ran down the scholarship scam.

Unfortunately, the statute of limitations had run out on the USAID tuition fraud. 

A State Department Diplomatic Security Agent then discovered Awlaki made false statements to secure a J-1 visa (a non-immigrant visa for educational purposes.)

Once in the U.S., Awlaki applied for a Social Security Number, falsely claiming he was born in Yemen.

Awlaki used the fraudulently obtained Social Security Number to fraudulently obtain a U.S. passport.

The 10-year statute of limitations reset every time the American terrorist renewed his passport.

USAID record via @browne_pamela
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IMPORTANT DEADLINE:  I don't usually post personal news, but this is a pivotal week for research that reduces the risk of organ rejection in children.

I know firsthand because our family was part of the original study which developed Pleximmune.

Without comparable reimbursement @CMSGov transplant specialists say this test and a related test for kidney transplant recipients will not be financially sustainable.

Families, like ours, may lose, what researchers say is the only FDA approved early warning test for organ rejection in children.

Please consider a note to your senator, and let them know to escalate the matter at Medicare

@drozcms has done important work on heart transplant and understands the issues.

Peter's story below👇
Personal News: I am writing as a mother and living organ donor.

Twenty years ago this month, our youngest son Peter received a life-saving liver transplant at UPMC Children’s Hospital of Pittsburgh @ChildrensPgh

With Peter’s permission, I’m sharing a photo taken with his ks before his 2006 transplant, when he was in liver failure.

Four years later, he won gold at the U.S. Transplant Games in Madison, Wisconsin. And here he is today—healthy, strong, and thriving.

What I didn’t fully appreciate in 2006 was that Peter and I were part of pioneering research aimed at reducing the risk of organ rejection in pediatric patients.

Even though I donated a segment of my liver to Peter—and as mother and son we are genetically similar—the new testing protocol still helped lower his chances of rejection.

Peter and I participated in a research project that developed a simple blood test called Pleximmune @plexision

It predicts the likelihood of rejection in pediatric patients by analyzing the unique immune chemistry of both the child and the donor.

The test also helps doctors determine exactly how much immunosuppression a child needs to keep rejection at bay.

Our family knows firsthand how valuable this early warning system truly is.

When Peter hit his growth spurt in his early teens, like so many pediatric transplant recipients, he needed increased immunosuppression.

The Pleximmune test predicted this need months in advance, giving his doctors time to adjust his care before problems arose.

The threat of rejection is a cloud that hangs over every transplant patient and family.

This test is making a real difference. It helps prevent rejection and can save tens of thousands of dollars for families and insurance companies.

This is where common sense matters.

In early July, the research team is preparing an appeal to Medicare @MedicareGov to price the Pleximmune test "fairly and consistently" with similar diagnostic tests.

Right now, only a small percentage of the cost of the test for pediatric patients is being reimbursed.

As the team told me, “Fair pricing is the lifeblood of a company’s ability to provide patients with more informed care and continued innovation.”

Today, Pleximmune has been used to test roughly 10% of children under age 21 who have received liver or intestine transplants in the U.S.

If you want to support this important work and help more pediatric patients and their families benefit...

Send a note to your senator, let them know to escalate the matter with Medicare so the appeal gets a fair hearing.

Catherine
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NEW: Analysis from constitutional law professor @JonathanTurley about my First Amendment case @thehill  

"Herridge is not seeking immunity or a favor. She is a tough reporter who just wants to do her job and protect her sources under a fair legal standard."

Our CERT petition me Court.
Full article after the jump👇
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UPDATE AFGHAN ORPHAN: The Supreme Court will not hear an appeal in the years long custody battle over an Afghan war orphan known as "Baby Doe or Baby L."

The appeal was brought by Afghan relatives who accused a military couple of abducting the child.

Today's decision means and his wife Stephanie, who adopted Baby L, will retain custody. She is now 7.

In 2023, as the senior investigative correspondent at CBS along with @CBSMornings team, we exclusively interviewed the Masts before a gag order was imposed.

"Her everything is at stake," the Masts told us. "We're gonna continue to defend her like we would do with any of our other children."

As part of our investigation, Army rangers described how they saved the severely injured baby on the battlefield in 2019.

The Army Rangers used scrap metal, cloth and duct tape to fashion a make-shift car seat for transport.

One Ranger claimed Afghan commandos wanted to harm the child: "They wanted me to throw the baby into the river 'cause they believed she was a terrorist."

At a military hospital, American service members treated and nurtured the child.

There is a photo of Baby L at a nurse's station smiling, in the background a sign reads: "Home of the free because of the brave."

The two part series is after the jump.
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CBS producers @dailymissbailey and Hilary Cook helped me tell a story that was personal, powerful and impactful.
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EXCLUSIVE: New whistleblower reporting via @ChuckGrassley reveals that personal payroll data for the Conservative Partnership Institute (CPI) was collected by Jack Smith’s team.

The financial data included CPI employees’ medical, dental, and vision insurance coverage, along with BACK STORY: In fall 2025, Grassley revealed that CPI was one of 430 groups subpoenaed or targeted by Jack Smith as part of the Arctic Frost probe, which laid the foundation for the Jan. 6 investigation.

The new reporting shows that Smith’s collection of data and financial records was broader than previously reported.

While Smith had a mandate to investigate Jan. 6, the collection of CPI’s February 2023 payroll data appears to go beyond the scope.

Critics, including Grassley and @SenJudiciaryGOP say Smith’s sweeping data collection aimed to map the entire Republican network.

NOTE: Combining data sets from donors, voter registration, lawmakers’ phone records (not contents), and financial transactions is far more revealing and intrusive.

It can reveal a network as well as the frequency of the contact and strength of relationship.

Smith has defended the overall investigation as fact-driven and non-political.
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JACK SMITH: New whistleblower disclosures and subpoenas via @ChuckGrassley "corroborate that Smith and his partisan team aimed to map out the entire Republican Party apparatus."

NOTE: Smith's multiple data collection operations including "pen register trap and trace" @SusieWiles47, lawmaker toll records (not contents) lawmaker texts and financial records were likely part of a larger strategy.

Because combining the data sets was far more revealing.

Smith has defended the overall investigation as fact-driven and non-political.

Analysis via @KatiePavlichNN @NewsNation
If you bought a MAGA hat or donated as little as $1 to Donald Trump, you might be one of the 639,000 Republicans whose personal information Jack Smith obtained during his Arctic Frost probe.

@C__Herridge joins Katie to break down what we're learning and why it matters.
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NEW: @ChuckGrassley Reveals Jack Smith Probe Collected Data on 639,000 Republicans, cites lawful whistleblower disclosures and subpoenas

- Names
- DOB
- Physical addresses, occupation, place of employment
- Individual political registration: Republican
- Donor Analysis Data unts
- As one example, the attached memo shows the GOP donor contributed in 2005 and 2020

Grassley: “This update shows that Jack Smith and the Biden Justice Department collected incredibly invasive donor data – and voter data – beyond what could conceivably be necessary for Smith or his team to fulfill the Special Counsel’s mandate."

NOTE: The new data revealed by Grassley should not be seen in isolation. It was part of overarching investigative strategy by the Special Counsel.

Special Counsel Jack Smith's "Pen Register" collection of @SusieWiles47 phone data in 2023 combined with lawmaker communications + journalists opened the door to mapping the Trump campaign and defense team.

While the contents of the calls were not collected, it was a sweeping collection operation.

Smith's supporters call it an aggressive criminal investigation.

His critics label it the "Jack Smith Dragnet," and characterize the data collection on GOP voters and donors as an abuse of process and power.

Link to FULL Grassley memo in the thread: 👇
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