Second Circuit sends back to federal judge for reconsideration Trump's attempt to remove appeal of his NY criminal case to federal court. It orders Judge Hellerstein to grapple with questions raised but decides none of them. storage.courtlistener.com/recap/gov.us...

I think @emptywheel.bsky.social is right. 10/31: Bondi "ratifies" Halligan's acts after "review" of GJ "proceedings" 11/4: Judge Currie notices GJ transcripts are incomplete. 11/4: AUSA orders rest of recordings transcribed. (Unless Bondi listened to recordings.) www.emptywheel.net/2025/11/05/t...

The Comey "indictment signer" has now filed notice of compliance with Judge Currie's order to let her see the complete grand jury minutes in chambers in order to decide Comey's motion to dismiss for unlawful appointment of Halligan. ... 1/2

The Supreme Court is currently hearing oral arguments on President Trump's tariffs. At 3:30 pm ET, join @sranderson.bsky.social, Kathleen Claussen, and @petereharrell.bsky.social for a live discussion of what happened at the arguments:

In Comey hearing, Mag Judge Fitzpatrick comments on “highly unusual procedural posture “ of “indict first, investigate later.”

Mag. judge William Fitzpatrick orders all grand jury minutes turned over to Comey by 5pm tomorrow as well as all search materials, plus explanations of how they were obtained, filtered & preserved to date.

Agent Lairmore is done with his testimony. Prosecution asked further about the condiments and he said there was mustard on his uniform and an onion hanging on his radio antenna. Don’t think defense was going for a pun when she called him a “seasoned officer,” but you never know…

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...

The officer Sandwich Guy is charged with assaulting testifies that he could feel the impact of the sandwich through his ballistic vest, and it “exploded all over my uniform.” He says he could “smell the onions and the mustard.”

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.”

Bondi's trying to give Halligan a Mulligan.

Explosive article: White House fires FHFA inspector general. (FHFA head Pulte is playing key role in Trump's vindictive prosecutions.) IG was trying to turn over "constitutionally required" info to EDVa prosecutors & letter to lawmakers saying Pulte not cooperating. www.reuters.com/world/us/wat...

In USA v Comey, "for the avoidance of doubt," AG Pam Bondi purports to retroactively appoint Halligan under a different statute and to "ratify" her grand jury presentation & signature on the indictment—a month after the statute of limitation ran out.

Acknowledging "undue delay," Eleventh Circuit effectively orders Judge Cannon to rule on motions to release Jack Smith's Vol 2 report (on the classified documents case) within 60 days.

BREAKING Judge Immergut issues an injunction BLOCKING the memo federalizing and deploying the National Guard until she issues a final opinion on the merits this Friday. Doc storage.courtlistener.com/recap/gov.us...

Next week's vindictive prosecution hearings in USA v Abrego Garcia have been POSTPONED until 12/8 and 12/9. It looks like the judge wants to study the documents and make an omnibus ruling on their admissibility & the govt's motions to quash subpoenas to DAG Todd Blanche et al.

In 1 hour, watch @benjaminwittes.lawfaremedia.org, @sranderson.bsky.social, Loren Voss, @ericcolumbus.bsky.social, @rparloff.bsky.social, and @martylederman.bsky.social discuss the litigation over the federalization of the National Guard in Chicago at SCOTUS and more. youtube.com/live/7AOTTyk...

BREAKING: Judge doesn't quite grant TRO requiring Trump admin to make partial SNAP payment for next month. Judge Indira Talwani (Obama) says USDA has that power. Wants answer by Monday on whether it will do so. Seems like she'll order if they don't. Doc: storage.courtlistener.com/recap/gov.us...

Judge Nichols orders govt to explain why its 1st sentencing memo for Taylor Taranto—the one it deep-sixed because it mentioned Taranto's role in the mob violence of Jan 6—should remain sealed.

More than 1800 detainees are missing after the closure of Alligator Alcatraz. Their families and lawyers can’t find them and they’ve vanished from the ICE database. Feels like this should be a much bigger story www.miamiherald.com/news/local/i...

Is no Trump stunt too sick to draw attn anymore? @joshgerstein.bsky.social & @kyledcheney.bsky.social report how the govt's original sentencing memo for Taylor Taranto—which accurately described his role in Jan 6—has now been disappeared from the docket. It had been #155. ... 1/3

In USA v Abrego Garcia, govt signals that if Judge Crenshaw does not quash subpoenas for Dep AG Todd Blanche & two top deputies, whom Abrego wants to examine at next week's hearing on vindictive prosecution, govt may seek immediate appeal or mandamus. www.documentcloud.org/documents/26...

DHS says our new piece is "dishonest, slanted, and fundamentally inaccurate" but won't say why. Here's the story where we show with evidence that DHS spliced together clips spanning years and multiple locations to create its own reality. Gift link wapo.st/4nuDGwf

Two days ago, in USA v Abrego Garcia, the Homeland Sec investigator who "re-opened" Abrego's criminal case on 4/17 turned over to the prosecutor a bunch of documents he'd never seen before. Judge orders atty-only conference Friday on whether they should immediately be turned over to defense. 1/2

FWIW, I see this order as a very encouraging sign for those who are hoping #SCOTUS *denies* the Trump administration’s application. There would be no need to issue it if the administration had five votes on the other two issues; and this is perhaps the strongest argument against it on the third.

“The past was erased, the erasure was forgotten, the lie became the truth.”

I screwed up the comparison screengrabs in the first post in this thread. You can see the actual comparison in the fourth post in the thread.

DOJ submits new, air-brushed sentencing memo for Taylor Taranto, scrubbing references to his role in Jan. 6 Capitol Siege and Trump's social media post that led him to go to Obama's neighborhood with weapons. Here's the first scrubbing 1/2

Govt has filed a mandamus petition with the 7th Circuit, along with an emergency petition for a stay & administrative stay, seeking to halt Judge Ellis's order yesterday that CBP chief Bovino come to court daily at 5:45pm to report on his use of force. storage.courtlistener.com/recap/gov.us...

In Trump v Illinois, SCOTUS wants briefing on the question @martylederman.bsky.social has been focusing on. ... 1/2

The 9th Circuit’s decision to rehear en banc Oregon v Trump (the Portland National Guard case) is likely mainly about the level of deference due to a president. But Oregon had also flagged a big factual mistake in the panel's understanding of figures the govt used at oral argument. 1/2

Two AUSAs were placed on administrative leave for truthfully describing Taylor Taranto's role in the Jan. 6 Capitol siege in a sentencing memo for later crimes. Unclear which specific truths were deemed unacceptable & by whom. Per @kfaulders.bsky.social et al. abcnews.go.com/US/doj-place...

BREAKING: A federal judge says L.A.-based US attorney Bill ESSAYLI has been acting in the role unlawfully since July, declaring him disqualified from the position. storage.courtlistener.com/recap/gov.us...

Now that the Ninth Circuit has granted rehearing en banc in the Oregon National Guard case, here’s what happens next:

Three quick thoughts: First, this is why many reacted to the *denial* of rehearing en banc in the California case somewhat equivocally; this was the big action. Second, Judge Graber's dissent almost certainly had a lot to do with this. Third, attention turns back to #SCOTUS and the Illinois case.

Wow. "Months after law firms made deals with President Trump to ward off punitive executive orders, the ethics committee of the District of Columbia Bar is warning that such arrangements may require firms to drop or obtain waivers from all clients who have interests at odds with the government."

Ninth Circuit will rehear Oregon v Trump en banc (full court). It vacates the panel ruling which had blessed federalizing national guard troops in Portland. Judge Immergut's restraining orders, barring deployments there, stand for now. storage.courtlistener.com/recap/gov.us...

from @davidfolkenflik.bsky.social : www.npr.org/2025/10/28/n...

3 reasons Judge Crenshaw required govt to let him review “privileged” documents relevant to Abrego Garcia’s vindictive prosecution claim. (1) It’s not just the prosecutor’s state of mind that matters: “Cases do not magically appear on the desks of prosecutors.” 1/3

🚨BIG changes happening -- ICE leadership is being purged tonight. The old guard, which prioritized targeted enforcement operations aimed at people with criminal records, is being replaced with Border Patrol and Gregory Bovino's "Midway Blitz" style. Think things are bad now? It'll get worse.

The following relates to materials Abrego seeks to help him prove his vindictive prosecution claim:

Judge Crenshaw grants Abrego Garcia's motion to compel to extent of requiring govt to let him review extensive materials privately (in camera) to decide whether to give to Abrego. Includes emails from Dep AG Blanche's office & emails/memos from AUSA Ben Schrader, who quit over case. 1/2

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

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...

Jack Smith played by the book--exactly the opposite from what right-wing critics (like @washingtonpost.com editorial board) are pretending. In fact, that's why he lost. He filed in FL, legally correct venue, despite chance of it landing before biased judge. www.washingtonpost.com/investigatio...

JUST IN: 9th Circuit temporarily reinstates Judge Immergut's 1st TRO blocking solely Trump's Oregon National Guard deployment. Both TROs now in effect (CA/TX too). 9th to decide on en banc by Tuesday. Move undercuts DOJ's bid to lift 2nd TRO but court says no msg on merits.

Great play-by-play dispatch from Letitia James’s arraignment, via my Lawfare colleague @mollyroberts.bsky.social: www.lawfaremedia.org/article/tria...

In 1 hour, watch @benjaminwittes.lawfaremedia.org, @sranderson.bsky.social, @mollyroberts.bsky.social, @rparloff.bsky.social, @ericcolumbus.bsky.social, and James Pearce discuss the legal challenges to Alina Habba and Lindsey Halligan’s appointments as U.S. attorneys and more.

Update on Kilmar Abrego Garcia: While the judge deliberates on whether to release him, DOJ says the US identified a country that will take him: Liberia. Abrego Garcia's lawyers prev had said he was willing to go to Costa Rica and that officials there were amenable; no mention of that buff.ly/sAR7n1Y

More great reporting by @kfaulders.bsky.social et al. abcnews.go.com/US/evidence-...