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Sr. Legal Affairs Reporter, @POLITICO Priors: ABC White House & China correspondent, CNN, NY Sun 🇺🇸🇦🇺josh@joshgerstein.com. DM for signal
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NEW: Justice Department concedes it gave judge inaccurate info during Labor Day weekend showdown over effort to send Guatemalan kids to that country. DOJ said parents sought the kids back but Guatemalan AG didn't find 1 case of that. w/ @kyledcheney.bsky.social www.politico.com/news/2025/09...
www.politico.com/news/2025/09...
BREAKING: #SCOTUS turns down South Carolina's bid to enforce a state ban aimed at barring transgender people from using bathrooms of their choice. Apparent 6-3 w/Thomas, Alito, Gorsuch dissenting. Order has 2 sentences about why it is denied. Doc: www.supremecourt.gov/orders/court...
BREAKING: 3 former top FBI officials, including ex-acting director & ex-head of DC field office, sue over their firing. They claim they were targets of a "campaign of retribution" against those deemed insufficiently loyal to Trump. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: DC Circuit, 2-1, rejects Trump's attempt to fire Register of Copyrights Shira Perlmutter. Pan(Biden)/Childs(Biden) say her duties appear to be largely Congress-facing. Walker (Trump) dissents, says situation too close to firings #SCOTUS permitted www.politico.com/live-updates...
BREAKING: Federal judge rules Trump's firing of Fed Reserve board member Lisa Cook was illegal. Judge Jia Cobb, Biden appointee, says the mortgage fraud allegations don't meet the for-cause standard and Cook was likely denied due process. w/@kyledcheney www.politico.com/news/2025/09...
BREAKING: The Supreme Court agreed to fast-track a case challenging Trump’s use of emergency powers to impose tariffs. This could set the court up to determine the fate of Trump's tariffs by the end of the year.
JUST IN: Trump's bid to withhold $4 billion in Congressionally-appropriate foreign-aid funds gets a temporary boost from Chief Justice John Roberts, who halts a lower-court order that the admin prepare to spend the money. #SCOTUS w/ @kyledcheney.bsky.social www.politico.com/live-updates...
JUST IN: New suit challenges Trump admin's decision to end Tricare insurance coverage for transgender-related treatments for minor and adult children of military. Doc: storage.courtlistener.com/recap/gov.us...
BREAKING: #SCOTUS lifts order blocking "roving" ICE raids in L.A.-area. No explanation from apparent 6-justice majority, but Kavanaugh writes solo explanation. All 3 liberals dissent, argue court is blessing discrimination against Latinos. w/@kyledcheney www.politico.com/news/2025/09...
This is real, somehow
NEW: Immigration appeals panel orders massive expansion of detention in deportations cases via disputed interpretation of federal law. Many immigrants may give up rather than wait in jail, advocates say. w/ @kyledcheney.bsky.social www.politico.com/news/2025/09...
Look out, NYT Wirecutter! WaPo's comin' for ya. (Not sure if it's the 1st, 2nd or 3rd newsroom....)
JUST IN: Judge Edward Chen formally sets aside Noem decisions winding down/terminating TPS protection for Venezuelans & Haitians. Acknowledges #SCOTUS ruling on issue & says he's not bucking it. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/05...
JUST IN: Federal court in Savannah, GA releases docs showing scope of search warrant for Hyundai battery plant raid. Appears they were focused on 4 Latino immigrants and alleged illegal work. Details of suspicion remain under seal. Doc: www.documentcloud.org/documents/26...
JUST IN: DOJ opposes Newsom's latest bid to extract California National Guard from Trump-ordered mission aiding (or doing) immigration-related law enforcement in L.A. Says issue is with 9th Cir. now so no jurisdiction for district court. Doc: www.documentcloud.org/documents/26...
JUST IN: Judge Aileen Cannon, famous for tossing criminal case v. Trump, was assigned Newsmax's antitrust suit against Fox. She immediately dismissed it as an impermissible "shotgun pleading." She will permit refiling. Doc: storage.courtlistener.com/recap/gov.us...
Earlier: www.politico.com/news/2021/02...
JUST IN: 9th Circuit panel rejects appeal of conviction by Imaad Zuberi, who pleaded guilty in foreign-agent #FARA case & had his sentence commuted by Trump in May. But panel raises sealed issue related to his sentence, probably his work for CIA. Doc: www.documentcloud.org/documents/26...
JUST IN: DOJ asks #SCOTUS to allow Trump to fire Biden FTC appointee Rebecca Slaughter without cause. Trump admin insists justices don't need to junk Humphrey's to do this, but to go ahead and do it if they think they do. More: www.politico.com/news/2025/09...
JUST IN: Kavanaugh concedes #SCOTUS rulings can lack precision because they're collective views of justices, defends Roberts amid flack, takes conciliatory tone with judges despite warning against defiance 2 weeks ago www.politico.com/news/2025/09...
BREAKING: 11th Cir panel votes, 2-1, to allow Trump & Florida officials to keep open the Alligator Alcatraz immigration jail. Majority: Lagoa (Trump)/Branch (Trump). Dissent: Jordan (Obama). Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: New DC suit over Trump's National Guard deployment to DC is assigned to Judge Jia Cobb, Biden appointee. Earlier: www.politico.com/news/2025/09...
But the warrant covers materials that are marked classified or may be classified from 4/9/18 to present. That's 4 days before the strikes, but, likely more importantly, Bolton's first day as Trump's National Security Adviser.
That binder about "allied strikes" appears to refer to strikes Trump ordered in April 2018 w/ UK & France against Syria's chemical weapons program. www.politico.com/story/2018/0... NYT reported Mattis wanted to seek Congressional approval but Trump didn't www.nytimes.com/2018/04/17/u...
BREAKING: Court releases paperwork on search of fmr Trump National Security John Bolton's home. Investigation of gathering/ transmitting/losing NDI (793), and retention of classified (1924). Among seized items: "Statements & reflections to allied strikes" storage.courtlistener.com/recap/gov.us...
IN OTHER LATE-NIGHT LEGAL NEWS: Judge orders Trump admin to obligate billions in Congressionally appropriated foreign-aid funds by Sept. 30. Judge Amir Ali's new order is under Administrative Procedure Act after DC Circuit rejected earlier basis. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
BREAKING: Trump asks #SCOTUS to quickly overturn court ruling that "Liberation Day" tariffs are illegal. DOJ wants justices to take case week from today & arguments 1st week in Nov. Otherwise US returns to "brink of economic catastrophe." w/ @drdesrochers www.politico.com/news/2025/09...
NEW: A top aide to Chief Justice John Roberts spilled some tea today on how and how much Roberts chooses to use his "megaphone" to defend the federal judiciary against attacks from Trump & other political figures www.politico.com/news/2025/09...
JUST IN: Federal suit filed in Chicago over transfer of Guatemalan kids to Guatemala is assigned to Judge Martha Pecold, a Trump appointee.
ON ONE JUDGE'S MIND: Chief Judge Jeff Sutton calls out a Q from the floor at 6th Cir. conference #SCOTUS panel: "Can you overrule Humphrey's and preserve the independence of the Fed?" I dunno if you "can," but 2 ex-SGs speaking seem to think SCOTUS will.
JUST IN: Trump admin appeals ruling blocking use of National Guard troops for law enforcement in L.A. (& throughout California) Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/09...
JUST IN: 5th Cir., 2-1, rejects Trump invocation of #AlienEnemiesAct. Court says POTUS did not adequately outline any invasion or predatory incursion. Majority: Southwick (GWBush), Ramirez (partial concur) (Biden). Dissent: Oldham (Trump). w/ @kyledcheney.bsky.social www.politico.com/news/2025/09...
JUST IN: Looks like Trump allies angry about Judge Sparkle Sooknanan's ruling halting transport of Guatemalan children to Guatemala won't have the Biden appointee to beat up any more. Case now with Judge Tim Kelly, Trump appointee. Earlier: www.politico.com/news/2025/08...
🚨NEW: AG Bondi uses her authority as AG to reinstate two precedent decisions from Trump's first term (Matter of A-B- and Matter of L-E-A-) that aim to end asylum for victims of domestic violence from countries unwilling or unable to protect them, and asylum for people targeted for family ties.
DC Circuit restores a Biden appointee Trump tried to fire from the FTC. In 2-1 ruling, each side accuses the other of defying #SCOTUS. w/@kyledcheney www.politico.com/news/2025/09...
BREAKING: DC Circuit, 2-1, reinstates Biden appointee Rebecca Slaughter to FTC despite Trump attempt to fire her without cited cause. Majority: Millett (Obama), Pillard (Obama). Dissent: Rao (Trump) www.documentcloud.org/documents/26...
BREAKING: Pentagon authorizes up to 600 military lawyers to serve as temporary immigration judges, according to a memo reviewed by the AP.
One might call them "superpredators," if you wanted to coin a phrase
KASIE HUNT: Over the summer you said, “There’s no vaccine that’s safe and effective”. Do you still believe that? RFK JR: “I never said that.” KASIE HUNT: “Play the clip.” RFK JR (clip): “There’s no vaccine that is safe and effective.” (March 2024) ht: @cwebbonline.com
JUST IN: Bizarre list of witnesses alleged attempted Trump assassin Ryan Routh wishes to call at his trial, includes several Palestinian scholars & deportation targets plus @PeterBeinart. Calls Trump 'idiot-mad fool.' Doc: www.documentcloud.org/documents/26...
Trump admin does seem intent on getting her out before the next Fed meeting on Sept. 16.
JUST IN: Lawyers for the Fed governor Trump is trying to fire, Lisa Cook, and the Trump admin don't seem to agree on much of anything about how the litigation should proceed. Doc: www.documentcloud.org/documents/26... Earlier: www.politico.com/news/2025/08...
JUST IN: 3rd Circuit issues unsigned order in dispute over Trump's attempt to re-appoint Alina Habba as US Attorney in NJ. Appeals court says it may have jurisdiction over disqualification order, but not orders refusing to dismiss indictments. Doc: www.documentcloud.org/documents/26...
OVER THE WEEKEND: Wisconsin liberal activist and brewer Kirk Bangstad files class-action lawsuit in federal court in Madison, WI over masking of ICE agents. Doc: storage.courtlistener.com/recap/gov.us...
That was before the medical examiner ruled in Sicknick's case www.politico.com/news/2021/04... The others mentioned in that passage are not police officers.
Kinda surprised WSJ Opinion let this one slip by in Rahm Emanuel op-ed: There's been no proof any police officer was killed at the Capitol on #Jan6 or as a result of the riot. It wasn't for lack of trying on the part of some, but let's stay fact-based www.wsj.com/opinion/we-h...
JUST IN: Judge who blocked the transfer of about 600 Guatemalan minors from US to Guatemala Sunday is keeping a very tight leash on the government. Echoes of Alien Enemies Act litigation simply deafening here. Earlier: www.politico.com/news/2025/08...
JUST IN: DOJ says all children on planes that were supposed to fly to Guatemala today have been unloaded and are being returned to custody of HHS's Office of Refugee Resettlement. Drew Ensign says missed deadline earlier was bc DOJ wasn't aware. Doc: storage.courtlistener.com/recap/gov.us...
Also HHS document indicates some facilities housing Guatemalan minors in US balked at handing them to ICE, prompting a Trump administration official to threaten criminal prosecution. She worked for DHS just a few months ago before taking the HHS job. www.politico.com/news/2025/08...
UPDATE: Judge blocks mass transfer of estimated 600 immigrant children from US to Guatemala amid dispute over whether parents have sought their return. DOJ lawyer calls suit 'outrageous' interference, but judge suggests holiday timing of flights is suspicious www.politico.com/news/2025/08...
BREAKING: Holiday weekend legal showdown over an aggressive Trump admin immigration move. In 4 AM order Sunday, Judge Sparkle Sooknanan in DC halts mass deportation of 600 unaccompanied children to Guatemala. Hearing this afternoon. w/ @kyledcheney.bsky.social www.politico.com/news/2025/08...
Sad news. Mark was a pro reporter, plus the unofficial keeper of WH stats for decades of presidents. Also had a keen sense of humor and would sometime slip a fake press release into the bins. (Ask a pre-email WHreporter what those were.) RIP, Mark... www.cbsnews.com/news/mark-kn...
The other policy: www.aclu.org/sites/defaul...
I don't think that is correct in this context. Maybe confused with border patrol authority to search. The previous rule re expedited removal applied to unauthorized foreigners encountered within 100 miles of a land border www.federalregister.gov/documents/20...
cc: @benjaminwittes.lawfaremedia.org x.com/Jason_Garcia...
BREAKING: Judge Jia Cobb, a Biden appointee in DC, blocks Trump expansion of expedited removal deportation to interior of US. Judge says risk of deporting foreigners not eligible is too great. Doc: ecf.dcd.uscourts.gov/cgi-bin/show...
NEW: Trump cranks up the hyperbole over ruling striking down his biggest tariff moves. "If allowed to stand, this Decision would literally destroy the United States of America," he says. More: www.politico.com/news/2025/08...
BREAKING: Federal appeals court rejects Trump's sweeping tariff moves. 7-4. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: Trump administration has withdrawn its emergency appeal in the foreign-development-aid spending litigation, following the action yesterday by the DC Circuit. Doc: www.documentcloud.org/documents/26...
JUST IN: Federal Circuit Judge Pauline Newman's suspension from taking new cases extended another year. Doc: www.cafc.uscourts.gov/wp-content/u...
JUST IN: 11th Circuit upholds dismissal of Alan Dershowitz's libel suit against CNN over his remarks during 1st Trump impeachment about scope of presidents' immunity for official acts. 3-0. Grant (Trump), Lagoa (Trump), Wilson (Clinton). Doc: www.documentcloud.org/documents/26...
JUST IN: 5th Circuit panel, 2-1, overturns block on Texas SB1 ballot "harvesting" restrictions. Majority: Duncan (Trump)/Smith (Reagan). Dissent: Graves (Obama). Doc: www.documentcloud.org/documents/26...
JUST IN: Lawyers for Kilmar Abrego Garcia are asking a judge to gag DHS Secy. Noem and AG Bondi due to verbal attacks on Abrego in recent days. Trump's salvos are cited but no gag sought for him. w/@kyledcheney www.politico.com/news/2025/08...
JUST IN: Complex moves by DC Circuit appear to moot (for now) Trump admin's emergency appeal at #SCOTUS on effort to force admin to spend up to $12B in appropriated development aid. En banc ord storage.courtlistener.com/recap/gov.us... Revised panel opinion: storage.courtlistener.com/recap/gov.us...
PACER/ECF acting slow/weird today? It's not just you.....Earlier FWIW: www.politico.com/news/2025/08...
JUST IN: Judge Carl Nichols, Trump appointee, draws criminal case against DOJ lawyer Sean Dunn, accused of throwing Subway sandwich at officer amid Trump DC surge. Grand jury wouldn't indict so it's a misdemeanor. Doc: storage.courtlistener.com/recap/gov.us...
PROTIP: If you're trying to court a specific justice to win her vote, might be advisable to spell her name right. Third time is the charm, I guess www.documentcloud.org/documents/26... #SCOTUS
JUST IN: South Carolina is asking #SCOTUS to allow the state to enforce its policy barring trans students from using bathroom aligned with their gender identity. w/ Bianca Quilantan politico.com/news/2025/08... One tip for #SCOTUS filings follows....
BREAKING: Judge dismisses lawsuit filed by fired UPenn law professor Amy Wax. Judge Timothy Savage (GHWBush) says Wax hasn't shown racial discrimination and her speech-related claims are not protected under federal law. Doc: storage.courtlistener.com/recap/gov.us...
NEW: Jia Cobb, Biden-appointed judge who will oversee legal fight over Trump's firing of Federal Reserve Board member Lisa Cook, has weighed in against his expedited deportation policy and wrangled w/suits over FBI agents who worked on #J6. w/@kyledcheney.bsky.social www.politico.com/news/2025/08...
JUST IN: Fed reserve board member Lisa Cook's lawsuit challenging Trump's bid to fire her is assigned to U.S. District Court Judge Jia Cobb, a Biden appointee in DC. Earlier: www.politico.com/news/2025/08...
BREAKING: Federal Reserve Board Member fired by Trump, Lisa Cook, files suit against Trump & Fed Chairman Jerome Powell. Doc: www.documentcloud.org/documents/26...
NEW: Salvadoran man at center of well-publicized deportation case, Kilmar Abrego Garcia, shifts legal tactics. Early Monday, he was prepared to be deported to Costa Rica. Now, Abrego's lawyer says he plans new asylum bid to remain in US. w/ @kyledcheney.bsky.social www.politico.com/news/2025/08...
@stevevladeck.bsky.social says DOJ isn't playing it straight in its latest emergency application to #SCOTUS, about grants for development aid abroad. www.stevevladeck.com/p/bonus-174-... Earlier: www.politico.com/news/2025/08...
JUST IN: Trump admin takes fight to withhold billions in USAID grant funds to #SCOTUS, again. Doc: www.documentcloud.org/documents/26...
JUST IN: Suits over alleged non-payment by Musk & his America PAC for 2024 election season petitions survive motions to dismiss. Doc: www.documentcloud.org/documents/26...
JUST IN: Trump administration just filed an appeal of Judge Thomas Cullen's ruling to the Richmond-based 4th Circuit
DEVELOPING: Mag judge in DC, Zia Faruqui, seems to be losing patience with DC & fed authorities amid anti-crime sweep. Says woman accused of spitting on zoo cop was held in jail after prosecutors did not seek detention & he ordered her release. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: Navy vet living at Armed Forces Retirement Home in Mississippi sues over being denied permission to wear a MAGA hat. Doc: storage.courtlistener.com/recap/gov.us...
JUST IN: Philadelphia @WoodmereArt sues over Trump admin cut off of funding museum was receiving from Save America's Treasures program, launched in 1990s by First Lady Hillary Clinton. Doc: storage.courtlistener.com/recap/gov.us...
Bates appeared at a presser with US Atty Jeanine Pirro just now, but his acting post is also reflected here: www.fbi.gov/contact-us/f...
JUST IN: Philip Bates, who previously headed up "mission services" at the FBI's Washington Field office, is now running the office on an acting basis, following firing of WFO ADIC Stephen Jensen earlier this month. Earlier: www.fbi.gov/news/press-r...
The court has now updated this to say the conference is tomorrow.
JUST IN: There was a scheduling conference in Abrego Garcia's new civil suit held by Zoom at 915AM this morning. It was put on the public docket at 122PM. đź‘Ž
Good one
NEW: Fed judge, a 2-time Trump appointee, throws out Trump admin lawsuit against MD fed court judges over policy pausing challenged deportations for 2 biz days. Thomas Cullen also calls out Trump admin officials for "smear" of judiciary. w/@kyledcheney www.politico.com/news/2025/08...
NEW: Fed judge, a 2-time Trump appointee, throws out Trump admin lawsuit against MD fed court judges over policy pausing challenged deportations for 2 biz days. Thomas Cullen also calls out Trump admin officials for "smear" of judiciary. w/@kyledcheney www.politico.com/news/2025/08...
BREAKING: 3rd Circuit panel rules, 3-0, that Pennsylvania law requiring discarding undated or misdated mail-in ballots violates U.S. Constitution. Judges: Shwartz (Obama), Freeman (Biden), Smith (GWBush) Doc: www.documentcloud.org/documents/26...
DOJ tried and failed three times to indict a woman for allegedly assaulting an ICE officer during an arrest of two purported gang members. So they were forced to reduce her charge to a misdemeanor. www.courtlistener.com/recap/og-loo...
JUST IN: With 4 hours and 51 minutes to go before court-ordered deadline to re-issue contracts for legal services for immigrant families impacted by Trump I family separation policy, DOJ tells judge it needs 2 more weeks. Doc: www.documentcloud.org/documents/26...
Big ruling out of Utah, pushing back against the state Legislature’s efforts to thwart a citizens’ initiative on redistricting. Has the potential to yield a new, Democratic congressional seat; the current map splits Salt Lake County into 4 safe GOP districts www.sltrib.com/news/politic...
NEW: Trump's been promising since 2020 that protesters who vandalize DC monuments would get 10 years in prison. "No exceptions!" One man who spray-painted the Lincoln Memorial was sentenced Monday. He got probation. And Trump appointees signed off on it www.politico.com/news/2025/08...
@FBIDirectorKash certainly fulfilling the "bravery" part of the FBI motto here. If you know anything about the Hoover building, he could've been killed at any moment by falling concrete
