You’ll want to re-read this.

yesterday a sealed order occurred and boy if I were Esper I’d lawyer the ____ up - like right booking now.

But I have a mtg in 2 minutes... https://twitter.com/File411/status/1152430471365713920
There are very few words that should make @EsperDoD freak out; TARGETED DISCOVERY
Mark did Donald Trump directly or indirectly tell you he would pardon you should reveal YOU and TRUMP impermissibly disqualify AWS?
Get a decent white collar attorney & don’t try sovereign immunity
ps - didn’t I tell you to familiarize yourself with

United States Court of Federal Claims
Golly if only ...nah never mind I’m double fisting both work & play bonbons in my calorie hole https://twitter.com/File411/status/1198991760741019650?s=20
I am SO not kidding Mark - you need to hire outside counsel RIGHT BOOKING NOW
The DOD Counsel will burn you to save the institution.
It will come out all your communiques with Kushner as a back channel to Trump
HIRE. OUTSIDE. COUNSEL. NOW. because yesterday’s order whoooooo boy
Aww...guys did you think I’d leave you hanging or make you pay for a copy of the “final & redacted” AWS Complaint?
Come on now...re-docketed 2/10/20 https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk
Whoooospie...

“...hereby PRELIMINARILY ENJOINED from proceeding with contract activities under Contract No. HQ0034-20-D-0001, which was awarded under Solicitation No. HQ0034-18-R-0077, until further order of the court...”
Any who...I have to get back to shoving bonbons in my calorie hole.

I’m pretty sure Orange Highness will go super MAGA once he realizes the Court granted AWS preliminary injunction ...
Over/Up he forgot to get Melanie a Vday gift?
You’ll note that Preliminary Injunction was granted AFTER the defendants filed briefs on the AWS AND Supplemental AR (administrative record)
Microsoft’s Response
https://drive.google.com/file/d/1NUniT0KeceizRzQNC_pSzVT7J1Up30sZ/view?usp=drivesdk
In AWS’ final redacted complaint it was this section I went:
Oooooh my...Trump fucked Esper HARD again the DOD will burn Esper who inturn will try to blame a contracting officer who in turn will be targeted for a Depo and/or Rogs
Shit gonna be so much fun...I can’t wait
I recommend you reread AWS’s final redacted complaint. I will tell you there were audible gasp(s) & laughs in my office when the US Court of Federal Claims granted the preliminary injunction
AWS was required to post $42M pretty sure AWS was like, that’s it https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk
Why AWS’ action is a BFD?
1) formal disputes/protest occur at the agency contracting level
1a) AWS did that almost immediately
2) AWS has taken it further by filing in the Court of Federal Claims.
2a) that in of itself is significant as AWS has taken it a step further
ps AWS did file with the Contracting Office
I’m reading the DOD’s response (it’s a nonsensical bullshit trumpian) response. Show “evaluation process was fair & reasonable”
If there are errors found pursuant to Federal Acquisition Law (FAR) Acquisition process must be de novo.😈
I should clarify;
this isn’t me pro AWS or pro MS
On the contrary I have considerably concerns about both

What this IS about;

following FAR and/or TINA, specifically the acquisition process/policy/laws absent “undue political” influence.

That’s why this issue sticks in my craw
AWS “statement of facts” let’s drill down.
(I spend my lunch time dissecting Trump’s BS)
AWS cites the $400M Fisher Industries award
https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk
See thread (sourced to the teeth), AWS sets forth a predicate FYI DOD-IG launched an Investigation
https://twitter.com/File411/status/1201713732742795265?s=20
Here AWS, points to the Trump DC. FBI & GSA contract award
Stunning reversal by the FBI HQ. The FBI had the moved planned for nearly a decade - until Trump improperly intervened (it was Jared & Ivanka)

https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk
See previous thread👇🏻1 of 2
https://twitter.com/File411/status/1148319195995791361?s=20
2 of 2
See DOJ-OIG confirmation of Investigation here👇🏻 https://twitter.com/File411/status/1146434841573036033?s=20
Because nothing says Trump Administration like an alleged sex act on a Government Building Rooftop
(ps not related but came up in my own searches) https://twitter.com/File411/status/1164302704723861504?s=20
Here AWS points to Trump’s inappropriate and undue political influence concerning the nonsensical AT & T and Time Warner merger.

https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk

FWIW it was and always has been a vertical merger.
https://twitter.com/File411/status/1198682252760231936?s=20
Here AWS goes there
“ultimately gave in and were forced to develop dubious legal and post-hoc justifications for withholding the aid.. "fe[el] they could" stop the President, and those that did try to stop him were removed from relevant positions or from government altogether”
Again I’m not pro AWS. The facts prove Trump used the power & influence of his office to “f&ck Amazon”.
He had unsuccessfully ORDERED Esper’s predecessor to “screw Amazon”

In short AWS makes a substantial colorable argument & the court agreed in part

https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk
At any rate I have to power shove my taco truck tacos in my calorie hole before my 1PM meeting.
You really should read AWS’ complaint. It’s chapter & verse of Trump’s Abuse of Power/Office.
Hence yesterday’s preliminary injunction

https://twitter.com/File411/status/1228343229793406979?s=20
https://drive.google.com/file/d/1exRRHf0xwFkWqkFLq7hpqlHneWaV9sxF/view?usp=drivesdk
It not unexpected news.

Notice of Providing Security BOND in the amount of $ $42,000,000.00, filed by AMAZON WEB SERVICES, INC, pursuant to the February 13, 2020 Court Order & preliminary injunction
Paywall👇🏻
https://ecf.cofc.uscourts.gov/doc1/01513625310
At a certain point perhaps if an account says, hey you’ll want to familiarize yourself with XYZ Court and XYZ Case- maybe take heed?
It’s not like I don’t (consistently) provide you actual original sourced documents.
But then again I’m not a reporter🙄 https://drive.google.com/file/d/12VDEFeRpbzbk5zoqMAASEjr_qyriLTOl/view?usp=drivesdk
HOLY CRAP - AWS is not even trying to filter their contempt. And oddly I can actually see why.
In their supplemental (redacted) filing they out right say the Government provided a “false certification” and has failed to comply with two court orders

https://drive.google.com/file/d/1zXOOt9swefR_GLVWJsMkV3jkOcAAw65q/view?usp=drivesdk
I completely understand why the filings are sealed & orders are sealed but damn - you gotta give me more than this because it’s impossible to understand what’s happening behind the iron-seal- curtain
This actually gives more context because I can see why the Court ordered the parties to clarify.
Moreover this is a prudent & pragmatic move by the Court, as this would foreclose any future argument re redactions pursuant to the 2/13 Court’s Order
https://ecf.cofc.uscourts.gov/doc1/01503638348?caseid=40037
That was NOT on my JEDI bingo card..I’m only 5 pages in and it’s crystal clear Donald J Trump instructed, I mean he COMMANDED @EsperDoD to move heaven & earth to NOT award the JEDI contract to AWS
There’s a word I’m looking for C-O-N-T-R-I-V-E-D
You get what this means, right?
res ipsa loquitur ...
I mean there’s zero reason to editorialize or dramatize this Order. Therefore my personal opinion doesn’t matter here, at all - well maybe beyond
I. TOLD. YOU. SO. <snickers>
https://ecf.cofc.uscourts.gov/doc1/01503643857?caseid=40037
I want you to understand that was the crux of Trump’s argument
“second argument—that if intervenor-defendant’s proposal is deficient so is plaintiff’s—likewise fails to effectively address plaintiff’s claims”
unbelievably derelict- again these are our tax dollars & our Nat Sec🤬
“based on the portions of the record cited..arguments made thereon—plaintiff is likely to demonstrate that defendant erred...intervenor defendant’s Factor 5, Price Scenario 6 was “technically feasible” according to the defined terms of the solicitation”
https://ecf.cofc.uscourts.gov/doc1/01503643857?caseid=40037
BRUTAL you do get what this means?

“..the court finds that plaintiff is likely to demonstrate that defendant’s error was prejudicial..it is likely plaintiff will demonstrate that intervenor-defendant proposed..storage when the solicitation explicitly required online storage..“
B-R-U-T-A-L

“...the court concludes that plaintiff is likely to succeed on the merits of its argument...court cannot accept an agency’s prospective offer to use its discretion to
mitigate what otherwise appears to be irreparable harm caused by an abuse of that discretion...”
Oh come on , you had to know I was going to drop a grown up Yoda...
“In the court’s view, a delay now—in order to ensure the procurement was properly conducted—serves the same ends as those that defendant has thus far
worked so hard to achieve...”
https://ecf.cofc.uscourts.gov/doc1/01503643857?caseid=40037
bottomline:
I am NOT defending AWS, I’m pretty critical of them.
I am defending is holding DJT’s abuse of power in to the sunlight. DJT once again jeopardize our Country’s National Security.
As tax payers this will COST US but the Nat Sec implications are harder to quantify
I uploaded (previously) sealed order to a public drive. Unless you want to pay for it, I gave you the ECF link.
I’d like to point out - remember that time the trolls were like you’re dumb there’s no USCA FC
La sigh they never learn
http://cafc.uscourts.gov/ 
https://drive.google.com/file/d/1BWwLvWtimVaVQKDU5OQdlf5Mvx_iU7qV/view?usp=drivesdk
I’ll just be sitting here waiting for the swarm arrival bc I TOLD YOU IN JULY that JEDI was something to watch.
Suddenly some new found experts that didn’t even know there’s an actual Court that ONLY hears contract disputes now are like oh I totally knew🤣
https://twitter.com/File411/status/1152430471365713920?s=20
DOD and Microsoft filed a MTD;
-filings are sealed
- one thing you can glean by the docket entry of the defendant(s)
”Dismiss pursuant to Rule 12(b)(6)” allows district courts to dismiss before the record (in this case it’s the AR as heavily argued by AWS) is fully developed
TBD
DOD to Court: remand it back to DOD, we pinky promise we will negotiate in “good faith”
AWS: F off you guys played dirty
DOD: your honor we so pinky promise that “we we fairly & objectively re-evaluate the cloud & pricing under 6”
MS: we do not oppose
https://ecf.cofc.uscourts.gov/doc1/01503650750?caseid=40037
Allow me to elucidate in DC lingo:
DOD wants remand
DOD will cancel the acquisition
DOD de novo the SOW geared towards MS & MS will be the “most technically suitable solution” fucking AWS harder & deeper
That’s what the play will be if REMANDED back to DOD https://drive.google.com/file/d/1lokQi7zBp7dFaYXksRw6wGL_RiN1213x/view?usp=drivesdk
DJT & DOD wants this out of the USFC {hilarious some didn’t even know this Court existed, it’s progeny of USCC circa 1855, yet are NOW are subject matter experts😂}
DOD/DJT know they are wrong, remanding back at DOD = CYA under the cloak of secrecy
Unclear what the Court will do
Do NOT get ahead of your skis
Court has only “STAYED” the six pending motions, has YET TO rule on yesterday’s DOD request to Remand back to the DOD. Read the last sentence carefully
Paywall 👇🏻
https://ecf.cofc.uscourts.gov/doc1/01503651302?caseid=40037
Public Drive👇🏻
https://drive.google.com/file/d/1Ona0aWvthGzGCd8mreFNmEKnuMNOxcjJ/view?usp=drivesdk
whispers - “remand back to DOD” = BAD like CYA BAD
“suggests that DoD seeks to take whatever corrective action is necessary to reaffirm its prior award to Microsoft despite the material defects the Court identified and DoD has now acknowledge”
AWS Oppo👇🏻
https://ecf.cofc.uscourts.gov/doc1/01503661983?caseid=40037
F. A. R. isn’t elective, it’s a freaking mandate - sure you could make a decent counter argument via T.I.N.A but that doesn’t obliviate the fairness & reasonableness doctrine.
How is it possible that the DOD made it worse by favoring Microsoft above ALL else?
Gawd the mendacity
The initial award and then the DOD going back to CYA.
I’ve seen a lot of crazy shit in DC.
JEDI is next level stupidity of stupid.
The DOD looks even MORE complicit and Trump & Kushner (ask for his WhatsApp & private emails) are all over this FUBAR
BURN IT
https://drive.google.com/file/d/1eC0kU9ijwcrI9sBdg0EL2Eoq9BTqEznD/view?usp=drivesdk
Don’t get this twisted or make the mistake by conflating my vociferous & sharp criticism of the DOD as I’m in the tank for AWS.
I’m not, I have issues with them.
This is about the acquisition laws
Trump abusing his power and putting his bs vendettas above our National Security
Microsoft’s “official response” = pathetic
Let me make this simple
Trump told @EsperDoD don’t award JEDI to AWS
Esper then sent out a series of directives
AWS said see your asses in court
DOD to Court remand it back we’ll take care of it
AWS hells NO F.A.R
https://ecf.cofc.uscourts.gov/doc1/01503664056?caseid=40037
HOLY SHITTLESTIX - has a reporter asked @EsperDoD if @POTUS preemptively offered a pardon to him for breaking FAR and jeopardizing
OUR COUNTRY’s NATIONAL SECURITY re JEDI contract
This was filed under seal on 2/5/2020 TODAY it was made quasi-available
https://ecf.cofc.uscourts.gov/doc1/01503668695?caseid=40037
HOLY CRAP - no WONDER why the Court granted AWS’s preliminary injunction.
Good GOD almighty, 3 decades in DC and I’ve seen some crazy shit - but THIS?
If the Court remand back to @EsperDoD DOD, God help us ALL. Trump isn’t just corrupt he’s are straight up mob-criminal
WTFINGF
Fork me, even in redacted form this File can “read between the lines” that @POTUS inappropriately intervened and @EsperDoD did his dirty work.
I shouldn’t laugh - the trolls who said I was wrong (last summer) you didn’t even know abt this specific court
😂
https://ecf.cofc.uscourts.gov/doc1/01503668695?caseid=40037
I saved you $3.00, please go buy a Dr or RN a cup of coffee
To those who said I needed to STFU about the JEDI Fubar.
You get that you are out of your depths.
If you’re going to troll me, please bring your A game.
I WARNED YOU ON July 20th & HERE WE ARE https://drive.google.com/file/d/13ZRwxeKN5MpGRZmFX_xmjtDExo2w02SI/view?usp=drivesdk
AWS: DOD & Trump are pulling a switch & bait
USFC: I see - order full briefing of AR
DOD: your honor
AWS: <waits>
DJT: “ goddamn I’m the “fucking President I get to decided who the fuck does liddl’ Jeff think he is”
Me: grins - that’s a real quote
DJT: Barr I need a pardon or 3
It still cracks me up that some trolls didn’t even know the existence of this Court (yet you claim to know DC & Courts)
Nor did they know all the circuits in the USCA like DC & FC circuits - ding dongs
Me laughs
Paywall
https://ecf.cofc.uscourts.gov/doc1/01503674717?caseid=40037
Public Drive
https://drive.google.com/file/d/1bMajg8zKMz2-ClrpRA7IQh8YNXoiuOka/view?usp=drivesdk
Current JEDI state of play;
DOD knows they violated FAR
DOD demands remand for 120 days
AWS is like NOPE we are going to do this under the careful watch of USFC
USFC- give me your briefs
Filey- laughs & laughs, I told you in June/July 2019
Friday parties filed - still sealed
My bad I told you on July 20, 2019 - so you might want to re-read that thread.
It’s not like I didn’t give you a massive collection of original sourced documents & links https://twitter.com/File411/status/1152430471365713920?s=20
You can follow @File411.
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