Today's Lawfare Daily is a Sept. 18 livestream where @benjaminwittes.lawfaremedia.org, @annabower.bsky.social, @ericcolumbus.bsky.social, and @rparloff.bsky.social discussed third-country deportations, Fed. Governor Lisa Cook’s challenge to President Trump’s attempt to remove her, and so much more.

Trump poised to fire US Atty for EDVa for refusing to charge NY AG Letitia James with mortgage fraud, per ABC News. Trom Katherine Faulders, Peter Charalambous, and Alexander Mallin abcnews.go.com/US/trump-poi...

What you see happening in both the Guatemalan children’s case and the Ghana pass-thru case is that the Trump Adm seems to be incentivizing or pressuring foreign nations to make phony diplomatic “requests” or “assurances” that it then uses to try to evade judicial review of dubious removals ... 1/5

Today at 4pm ET, @benjaminwittes.lawfaremedia.org, @annabower.bsky.social, @rparloff.bsky.social, and @ericcolumbus.bsky.social will discuss Fed. Governor Lisa Cook’s challenge to President Trump’s attempt to remove her, litigation surrounding the removal of immigrants to third countries, and more.

BREAKING: Trump appointee Judge Tim Kelly GRANTS the plaintiffs motion for a preliminary injunction. Kelly’s order bars removal of “unaccompanied Guatemalan children who have received neither a final removal order nor permission from the Attorney General to voluntarily depart…”

The government’s explanation that it simply wanted to “reunite” parents and children “crumbled like a house of cards,” Kelly writes. “There is no evidence before the Court that the parents of these children sought their return.” storage.courtlistener.com/recap/gov.us...

Yesterday, the Ninth Circuit *denied* a stay of Judge Chen's summary judgment invalidating Secy Noem's attempt to wipe out temporary protective status for >350K Venezuelans. Though SCOTUS stayed Chen's earlier prelim injunction 8-1, USCA9 says posture is different on "fully developed record."

From ABC's @kfaulders.bsky.social :

Judge Kaplan grants preliminary injunction against unconstitutional and inhumane treatment at 26 Federal Plaza immigrant detention center. "[T]his is the United States of America. We aspire to treat all Americans—*and* those among us—with humanity." storage.courtlistener.com/recap/gov.us...

Detailed story by ABC News (@kfaulders.bsky.social et al) about Pulte, Trump, & Ed Martin trying to force criminal case vs Letitia James. Says document in question in VA was a template never corrected & not seen by loan officers; other docs in file were accurate. abcnews.go.com/US/trump-off...

NEW: Whistleblowers allege that a senior government official, Angie Salazar, made inaccurate statements in a sworn declaration filed in a lawsuit challenging the summary removal of migrant children. Salazar "knew or should have known of the inaccuracies," per letter to Congressional leaders.

The stay petition in Trump v Slaughter (fired FTC com'r), the potential replay of Humphrey's Executor, is now fully briefed at SCOTUS. Both govt & Slaughter have asked for cert before judgment (SCOTUS review without appeals court review). If SCOTUS grants, Wilcox (NLRB) & Harris (MSPB) want same.

Here's the concurrence and dissent in the Georgia Supreme Court's decision not to review the Fani Willis disqualification, leaving her disqualification in effect. www.gasupreme.us/wp-content/u...

BREAKING: Georgia Supreme Court declines to hear Fani Willis’s appeal of a lower court decision that disqualified her from prosecuting the criminal case against Trump and others in Fulton County.

Recently I interviewed Lee Gelernt of the @aclu.org about the litigation he has led challenging Trump's Alien Enemies Act proclamation, including WMM/AARP, and JGG. (Also available as an audio @lawfaremedia.org podcast.) www.youtube.com/watch?v=YjFf...

Last night, in the Ghana pass-thru case, Judge Chutkan found that the govt’s actions appeared to be part of a “pattern & widespread effort to evade [its] legal obligations by doing indirectly what it cannot do directly.” But she denied relief due to likely lack of jurisdiction ... 1/4

BREAKING: Judge Chutkan denies the plaintiffs’ motion for a temporary restraining order, saying the court lacks jurisdiction

Good morning. This a.m. the Georgia Supreme Court is expected to weigh in on the Fani Willis disqualification fight in the 2020 election interference case. Posted on the high court’s website: 1/

BREAKING: DC Cir. court of appeals rejects Trump’s effort to remove Lisa Cook from Board of Governors of Federal Reserve, allows her to participate in tomorrow’s meeting

Oddly, plaintiffs say in status report that as of 6:41pm, this AP story was incorrect, & 4 plaintiffs in the Ghana pass-through case were still in Ghana. But they agree that removal to countries of origin where they face torture/persecution may be imminent. apnews.com/article/us-g...

cool, ed martin (whose path to be us atty for dc was blocked and who now ostensibly runs doj's "weaponization" probe) is hanging out with alex jones

Plaintiffs in the Ghana pass-through case ask Judge Chutkan to order govt to turn over a Memo of Understanding between US and Ghana, which Ghanaian officials have alluded to in media statements. storage.courtlistener.com/recap/gov.us...

NEW: Maurene Comey, daughter of James Comey, sues the Justice Department over her abrupt firing from her job as a federal prosecutor for the Southern District of New York. www.documentcloud.org/documents/26...

Update on African aliens sent to Ghana who fear being forwarded to countries of origin where US immigration courts have found they likely face persecution/torture: 4 plaintiffs are still in Ghana, but they're now being denied access to Internet, they're attys say.

In defending its actions in the refoulement-through-Ghana case, govt relies on SCOTUS' cryptic stay ruling in DVD. Says SCOTUS effectively greenlit govt's reliance on Ghana's assurances that it would treat aliens lawfully, those assurances are unreviewable, and Ghana's compliance is unredressable.

In the Ghana refoulement case, Govt has agreed to make its declaration, by State Dept official Jonathan G Pratt, available to plaintiffs. Pratt is the senior bureau official for State's Bureau of African Affairs.

In D.A. v Noem (chain refoulement case through Ghana) Judge Chutkan wants to know by 1:30pm today why she shouldn't order it to at least show plaintiffs the declaration it filed last night (albeit under protective order from public disclosure).

Document released last week regarding the US deal with Bukele (Govt of El Salvador = GOES) for detaining alleged TdA members says "the above agreement ... is not an international agreement" and specifies that El Salvador must not support DEI programs. storage.courtlistener.com/recap/gov.us...

If you're wondering what the govt told Judge Chutkan about its efforts, if any, to stop Ghana from forwarding aliens sent there to countries where US courts barred them from being sent due to torture/persecution fears, the govt filed its dec in camera without even telling plaintiffs it'd done so.

Judge Chutkan now allowing more briefing in the case alleging that the govt is using Ghana to bank-shot aliens back to home countries in violation of immigration court orders protecting them from torture/persecution. Govt claims it can't control Ghana in meantime & no TRO in place.

JUST IN: Judge Chutkan orders the government to file a declaration that sets forth the efforts it has taken thus far to keep the plaintiffs in Ghana “from being removed to their countries of origin or other countries where they fear persecution or torture”

This is a great live blog of the DA v Noem hearing.

I guess I'm doing this live? The Zoom is connected. Audio from the courtroom deputy is slightly distorted but others sound OK. Elianis Perez from OIL, who filed an appearance at 2:52pm, has not joined but government counsel says they're expecting her.

Judge Chutkan just finished a phone conference hearing in D.A. v. Noem. Plaintiffs allege the govt is sending African aliens to Ghana knowing Ghana will forward them to home countries where US courts have barred govt from sending them directly ... 1/5 www.courtlistener.com/docket/71323...

In new filing, plaintiff "DA," removed to Ghana, whence US officials allegedly told him he'll be taken to Nigeria despite a court order against sending him there, describes previous beatings in Nigeria with planks, iron rods & machetes & days in dog cage. storage.courtlistener.com/recap/gov.us...

ICYMI: Watch @benjaminwittes.lawfaremedia.org, @sranderson.bsky.social, @annabower.bsky.social, @rparloff.bsky.social, @ericcolumbus.bsky.social, and @michael-feinberg.bsky.social discuss SCOTUS updates, FBI politicization, a PI restoring Lisa Cook as Fed gov, and more. youtube.com/live/nkaRYic...

In 1 hour, @benjaminwittes.lawfaremedia.org, @sranderson.bsky.social, @annabower.bsky.social, @rparloff.bsky.social, @ericcolumbus.bsky.social, and @michael-feinberg.bsky.social will discuss fmr FBI official's suit against the agency, the Supreme Court's decision on immigration enforcement, & more.

On Sept. 10, U.S. District Judge Timothy Kelly held a preliminary injunction hearing in the lawsuit seeking to block the Trump administration’s plan to summarily remove hundreds of unaccompanied migrant children to Guatemala. @AnnaBower.bsky.social and @RParloff.bsky.social covered the hearing:

COMING UP: The fate of hundreds of unaccompanied minor children hangs in the balance as a federal judge, Tim Kelly, weighs whether to block their summary removal from the United States. At 2 p.m. ET, Kelly will hear argument on the children’s motion to enjoin their deportation. Follow along ⬇️ 🧵

I believe this is no true bill #8 (that we know of)

There's a lot to say about this decision and its analysis, but it's late and I haven't had time to read the opinion in depth. But two initial reactions regarding what the Supreme Court might do with this case based on my skim.

Campaign for Accountability @accountableorg.bsky.social urges AG Bondi to probe EPA Adm Lee Zeldin, Trans Secy Sean Duffy, Labor Secy Chavez-DeRemer, & TX AG Ken Paxton for alleged mortgage irregularities similar to those alleged re Cook, Schiff & James. www.documentcloud.org/documents/26...

In her dissent today in the case over whether roving patrols of ICE agents in L.A. were stopping & detaining people without reasonable suspicion (Pedro Vasquez Perdomo case), Justice Sotomayor (joined by Kagan & Jackson) twice omitted the word "respectfully" from her "I dissent"s.

#BREAKING: With no explanation (save for a solo concurrence by Justice Kavanaugh), #SCOTUS has frozen lower-court rulings that had enjoined allegedly suspicion-less arrests as part of "roving" immigration patrols in California. Justice Sotomayor, joined by Justices Kagan and Jackson, dissents:

US Court of Appeals for Second Circuit has upheld E. Jean Carroll's $88.3 million defamation verdict against Trump (deriding her for her accusations of sexual assault) in a 70-page unanimous per curiam ruling. storage.courtlistener.com/recap/gov.us...

In weekend filing, govt admitted its shocking timeline for deporting Guatemalan children, ages 10-17. Just before midnight on Saturday, Labor Day Weekend, it told caregivers to have children prepared for departure within 2 hrs (4 if in foster care). ... 1/8

Did Trump's attack on the boat full of alleged TdA members violate the law? @sranderson.bsky.social explains the law and what's known of the facts for @lawfaremedia.org . www.lawfaremedia.org/article/did-...

TODAY at 4 pm ET, join @benjaminwittes.lawfaremedia.org, @sranderson.bsky.social, @annabower.bsky.social, @rparloff.bsky.social, Loren Voss, and Katherine Yon Ebright for a live discussion of recent litigation targeting actions from President Trump. www.youtube.com/live/w2SY6a7...

Judge Burroughs’ ruling for Harvard, vacating $2.2 B in grant terminations, is well-written & brave, but teeters on a knife’s edge, as she admits, in trying to distinguish the SCOTUS’s Dept of Education v Calif & NIH v APHA rulings ... 1/7 storage.courtlistener.com/recap/gov.us...

In WMM, dissenting Judge Oldham (a Trump appointee) would have held that, despite what SCOTUS said in JGG, accused Tren de Aragua members aren't even entitled to hearings on whether they’re really TdA. Being Venezuelan is enough to remove them under Trump’s Alien Enemies Act proclamation.