NEW: The Supreme Court has denied the Trump administration's request for a stay of the district court's order blocking the deployment of National Guard in Illinois. Justices Alito, Thomas, and Gorsuch dissent. Read the ruling: www.documentcloud.org/documents/26...

... But after reviewing still non-public correspondence between Blanche’s office and McGuire, Judge Crenshaw found otherwise. His ruling might also shed light on why Ben Schrader, a former top AUSA in Nashville, quit rather than participate in the case. 4/4-end

In an effort to fend off Abrego’s vindictive prosecution claims, McGuire claimed he alone made the decision, and he was untainted by the vindictive incentives of Trump. (Just like Halligan claiming that she, not Trump, decided to pursue Comey & James.) ... 3/4

Due to a redacting error in a defense brief, we already know that Crenshaw’s 12/3 ruling, still under seal, concluded that Blanche’s associate, Aakash Singh, played “a leading role” in deciding to prosecute Abrego. ... 2/4

Judge Crenshaw wants to make public his 12/3 ruling discussing the key role Dep AG Todd Blanche’s office played in deciding to prosecute Abrego Garcia. But Crenshaw is apparently giving govt 'til 12/30 to appeal his rulings rejecting govt's atty-client & other privilege claims ... 1/4

NEWS: Congresswoman Joyce Beatty sues Trump to block the renaming of the John F. Kennedy Center for the Performing Arts. Read the complaint: washingtonlitigationgroup.org/news/new-law...

This is important because Abrego prosecutor, US Atty McGuire, has been arguing that any vindictiveness by Trump or his political apptees, like DAG Blanche, doesn't matter, because McGuire alone made the decision to prosecute & McGuire was not vindictive. Judge Crenshaw doesn't seem to be buying it.

The brief is a supplemental filing in which Abrego Garcia is asking that the indictment be dismissed for vindictive prosecution.

In sealed order issued 12/3, Judge Crenshaw found that @DAGToddBlanche's deputy, Aakash Singh, played a “leading role in the govt’s decision to prosecute” Abrego Garcia. Abrego’s attys’ failed to redact that language in a brief, correcting the error shortly thereafter... 1/2

As AG Bondi knows, her 3/14/25 Alien Enemies Act guidance deprived the removed individuals of any due process as to whether they were in fact "terrorists." SCOTUS was *unanimous* that she acted unconstitutionally. She should stop her unseemly, politicized tantrums.

Today, Judge Paula Xinis granted Kilmar Abrego Garcia's petition for habeas corpus and ordered Abrego Garcia to be released from ICE custody immediately. storage.courtlistener.com/recap/gov.us...

After a sealed ex parte (govt only) hearing in Abrego's criminal case yesterday, Judge Crenshaw has ordered, over govt objection, that redacted copies of 6 documents relevant to Abrego's motion to dismiss for vindictive prosecution be turned over to Abrego's team. That's all we know for now.

The govt’s filing yesterday in JGG suggests it will try to derail, by a 2d mandamus petition (appeal), next week’s hearings before Judge Boasberg. Testimony there could suggest that Emil Bove lied to the Senate & that DAG Blanche misled the public. ... 1/7 storage.courtlistener.com/recap/gov.us...

2 weeks after Dan Richman filed his motion to bar the govt from accessing data it seized from him years ago (key to Comey case), & 4 days after the judge temporarily granted it, no govt atty ostensibly working on the case has properly entered an appearance. Judge gives govt till tomorrow at 10am.

NEWS: Judge Boasberg orders Erez Reuveni and Drew Ensign to testify in court next week as part of his ongoing contempt inquiry over Alien Enemies Act flights.

Abrego is asking Judge Crenshaw to let him tell the criminal jury the full story of his immigration saga—which govt seeks to exclude. Says it explains the witnesses' bias & how they've won extraordinary favors from the govt in their own crim/immigration cases. www.documentcloud.org/documents/26...

NEW: Emil Bove — former DOJ official turned Third Circuit judge — files declaration in ongoing contempt inquiry by Judge Boasberg re: Alien Enemies Act planes. Bove says he isn’t authorized to disclose privileged information.

Remarkable win for Prof Dan Richman (and Comey), at least temporarily. Judge Kollar-Kotelly orders USA not to access any info seized from Richman's devices—which Mag Judge Fitzpatrick called the centerpiece of the case vs Comey—till she permits. storage.courtlistener.com/recap/gov.us...

HAPPENING NOW: SCOTUS hears Trump v. Slaughter on the removal of FTC Commissioner Rebecca Slaughter — a case that could upend federal agency independence. Listen here: www.supremecourt.gov/oral_argumen...

As Judge Boasberg considers how to move forward with contempt proceedings re: Alien Enemies Act flights, plaintiffs provide list of names for potential witness testimony. The list includes former DOJ official Emil Bove, who is now a federal judge on the 3rd Cir.

In JGG (the original Alien Tort Claims Act case), Judge Boasberg orders submissions on "how the Court's inquiry regarding a potential contempt referral should proceed, including names of possible witnesses and dates for hearings," by tomorrow close of business.

These were dismissed without prejudice, so the government *could* bring new cases (a lawfully appointed U.S. attorney could, that is!). May prove tricky for Comey, where the statute of limitations would have to be extended. Easier for James.

Lindsey Halligan's appointment as interim U.S. attorney invalid and dismissed the indictments against James Comey and Letitia James. Screenshot from order in the latter below:

Wow. U.S. District Judge Cameron McGowan Currie ruled Lindsey Halligan's appointment unlawful and the prosecutions against New York Attorney General Letitia James and former FBI Director James Comey therefore invalid. Both indictments are dismissed without prejudice.

A hearing is about to start in Abrego Garcia's civil case. I'll try to cover for @lawfaremedia.org . Colleague @annabower.bsky.social might be joining. Among other things, govt is seeking to dissolve Judge Xinis's preliminary injunction preventing Abrego from being removed immediately. /1

DOJ & Halligan attack Judge Nachmanoff. But he did not call Halligan a puppet. He asked the defense if its legal position was that Halligan had been acting as a stalking horse or puppet--doing a vindictive president's bidding. (Which she almost certainly was.)

The facts are complicated, but here’s a summary of what appears to have happened based on the filings and today’s hearing:

Judge Boasberg says he will proceed to fact-finding on whether to hold govt in contempt for sending people to El Salvador against his order on 3/15/25. Preliminarily wants to hear from whistleblower Erez Reuveni & DOJ's Drew Ensign. Will let parties advise how to proceed in writing by Monday.

NEWS: During a hearing in federal court in VA, prosecutors confirmed that the operative indictment in the case against James Comey was never shown to or voted on by the entire grand jury before it was presented in open court. Defense counsel argued that’s a complete bar to further prosecution

Comey hearing just ended. Govt admits 2d indictment never shown to full grand jury. Judge concerned. AUSA also admits DAG Blanche’s office told him not to disclose if previous prosecutors prepared a declination memo (saying why there was no case).

This morning’s hearing in the James Comey case was a doozy. Was supposed to be about vindictive prosecution—but ended with the government admitting the full grand jury never had a chance to see the operative indictment.

Magistrate Judge Fitzpatrick orders all grand jury minutes and recordings turned over to Comey's defense team by close of business today. ... 1/2

Mag Judge Fitzpatrick says two statements by Halligan to grand jury "appear to be fundamental misstatements of the law that could compromise the integrity of the grand jury process."

The dispute revolves around materials the govt used from 4 search warrants issued in 2019-2020 to Dan Richman, who had been Comey’s atty. Comey wants to inspect minutes for possible atty-client privilege & 4th Amend violations. /2 www.lawfaremedia.org/article/tria...

At 4pm Magistrate Judge Fitzpatrick will hold a telephonic hearing on whether govt must turn over grand jury minutes to Comey’s team. Tech permitting, I’ll live-blog for @lawfaremedia.org . For background, see www.lawfaremedia.org/article/tria... /1

Judge Nachmanoff REJECTS govt's claim that magistrate judge Fitzpatrick lacked the authority to order grand jury minutes turned over to Comey but REMANDS to Fitzpatrick to make certain requisite findings first.

We have reached a verdict: Not guilty.

Looks like something is afoot (no, not foot*long*) in the courtroom. Stay tuned.

The government takes some time to think about the definition. The defense says this is simple: Bodily harm means harm to the body. Government comes back and says basically that bodily harm can include injury— and “offensive touching” is sufficient for that.

The note is a question: “Please define ‘bodily harm’…How is ‘injury’ different from bodily harm?”

Good morning! Day 4 of the Sandwich Guy’s trial. He is finally wearing a suit (the rest of the week’s evidence suggests he seems to prefer pullovers in cooler weather). The jury has a note for the judge.

The jury is entering deliberations now. If they come to a verdict today, cool! If not, they’ll be dismissed at 5 and we will return tomorrow for Day 4 of not the simplest case in the history of the world.

Day 3 of the “no more than 2” day trial of Sandwich Guy. The prosecution intends to rest; the defense hasn’t decided yet. Dispute over jury instructions continues, a few morsels (sorry) to follow.

In US v Comey, Judge Currie finds that grand jury transcripts provided by govt are incomplete. Orders complete transcript and/or recordings of record by tomorrow at 5pm. storage.courtlistener.com/recap/gov.us...

Back for Day 2 of Sandwich Guy’s trial. In government opening statement: “This case is about the fact that you can’t go around throwing stuff at people when you’re mad.”

At 2pm Judge Xinis is holding a 'virtual' hearing on govt's new stated plan of sending Abrego Garcia to Liberia by 10/31. Abrego says it's too late to switch again & govt must 1st try Costa Rica (already offered, but only if he'd plead guilty). I'll try to live blog here for @lawfaremedia.org . /1

NEW: In Kilmar Abrego Garcia's criminal case, the Justice Department is moving to quash subpoenas for the testimony of senior DOJ officials, including Deputy Attorney General Todd Blanche. storage.courtlistener.com/recap/gov.us...

As expected, Acting US Atty McGuire moves to quash subpoenas for Dep AG Todd Blanche and two others in his office to testify at the hearing on Abrego's motion to dismiss for vindictive & selective prosecution. storage.courtlistener.com/recap/gov.us...

NEW: The Ninth Circuit grants a stay of Judge Immergut's temporary restraining order which had enjoined the federalization of National Guard in Oregon.

NEW: Zachary Evetts, one of the two men indicted last week on allegations of terrorism as part of an antifa "cell," pleads NOT GUILTY. The other defendant, Cameron Arnold, pleaded NOT GUILTY on Friday, 10/17.