lawfedi

Very good explainer about the Trump regime’s use of emergency appeals and the Supreme Court’s use of the shadow docket to side with the regime. Also, why Kavanaugh is wrong about judicial orders without public reasons attached. https://www.brennancenter.org/our-work/analysis-opinion/supreme-court-must-explain-why-it-keeps-ruling-trumps-favor #LawFedi

The live audio for the oral arguments can be found here: https://www.supremecourt.gov/oral_arguments/live.aspx

They will begin at 10:00 a.m. EST, or for those who are more civilized folk: 9:00 a.m. CST.

Here we go … (in 30 minutes)!

#uspol #politics #uspolitics #trump #14th #insurrection #law #lawfedi #legal #supremecourt #SCOTUS

Today Trump signed an Executive Order that directs a barrage of federal agency action to escalate his dictatorial takeover of the District of Columbia. But embedded in the EO is a deeply chilling provision that orders Hegseth and the DOD to create specialized military units for rapid deployment across the nation for "quelling civil disturbances and ensuring the public safety and order whenever the circumstances necessitate." 1/ #USDictator #LawFedi https://www.whitehouse.gov/presidential-actions/2025/08/additional-measures-to-address-the-crime-emergency-in-the-district-of-columbia/

Now that Trump has moved for an emergency stay of the criminal trial of the election interference criminal charges against him, we are quickly going to find out which Supreme Court Justices are in the tank for Trump. Reporting on Trump’s emergency motion from The Hill at https://thehill.com/homenews/4463356-trump-supreme-court-jan-6-immunity-appeal/ 1/ #LawFedi

I see folks saying they are confident that ultimately this Supreme Court will reject Trump’s claim that presidents have absolute immunity from criminal prosecution for official acts. I’m not. I meant it every time I have said that Trump appointed Justices Gorsuch, Kavanaugh, and Coney Barrett are almost certainly in the tank for him. Were they not, they’d be recusing themselves from all his appeals, as their participation certainly has, at the least, the appearance of impropriety. 1/ #LawFedi

Finally had a chance to look carefully at Justice Sotomayor’s dissent from a dangerous, awful shadow docket maneuver by the U.S. Supreme Court in DHS v. DVD. This was announced yesterday. The case is one concerning due process rights of immigrant-deportees. I’m going to unpack all this in this 🧵. ⬇️ 1/ #LawFedi

The State Bar Court of California recommends that John Eastman be disbarred. The opinion is impressive - detailed, clear, and absolutely firm that lying about law and fact to a court is disqualifying for membership in the bar. Equally firmly, the court finds that Eastman conspired to commit a crime with his client, Donald Trump, by conspiring to obstruct the electoral count for the 2020 presidential election. https://www.documentcloud.org/documents/24521262-eastman-decision-trial #LawFedi #LegalEthics #Jan6 1/

‼️The Seventh Circuit has upheld District Court temporary restraining order against Trump deploying federalized National Guard in Chicago https://storage.courtlistener.com/recap/gov.uscourts.ca7.54985/gov.uscourts.ca7.54985.26.0.pdf. #LawFedi 1/

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Honestly, the Supreme Court justices today sounded even more deranged and clueless than I even expected. They are just too worried about hypothetical future presidents to focus on the fact that we have a former president indicted for attempting to overthrow an election who is now running for reelection on an explicitly authoritarian, anti-democracy platform. 1/ #LawFedi

The First Circuit Court of Appeals is absolutely not playing in its just released opinion affirming that those born in the United States are citizens of the United States and the state they are born in. https://storage.courtlistener.com/recap/gov.uscourts.ca1.52521/gov.uscourts.ca1.52521.00108348619.0.pdf

“The Government is therefore wrong to argue that the plaintiffs are not likely to succeed in showing that the children that the EO covers are citizens of this country at birth …. “ https://storage.courtlistener.com/recap/gov.uscourts.ca1.52521/gov.uscourts.ca1.52521.00108348619.0.pdf 1/ #LawFedi

I’m freshly appalled by Trump’s efforts to protect his 2016 election campaign by shadily paying Stormy Daniels in a way Trump hoped wouldn’t be traced back to him. I’m newly appalled by the cast of Republican electeds who come to the courthouse to violate the spirit of the gag order Trump himself is under. They present themselves as mouthpieces for Trump and make all manner of remarks that, if he made them himself, would be violations of the order. The Republicans are a lawless cult. #LawFedi

I sympathize with Judge Merchan, who I believe has refrained from jailing Trump to avoid allowing Trump to play the victim and raise money off of that. I also think Merchan probably doesn’t want to interrupt the trial for hearings over whether Trump is causing his sycophantic Republican electeds to say things that violate the gag order. But …. 1/ #LawFedi

“Alito doesn’t deny the flag was flying upside down, doesn’t deny its meaning, doesn’t express any disapproval for it and doesn’t disavow it.”

This wasn’t a random period of time. It was AFTER January 6 and BEFORE the inauguration.

ITS A SYMBOL OF INSURRECTION.

A Justice has never made a more persuasive case for the Legislature to kick them out on their ass for bad behavior than has Alito.

https://www.vanityfair.com/news/story/samuel-alito-didnt-give-a-f-k-then-and-he-doesnt-give-a-f-k-now

#uspol #politics #uspolitics #law #lawfedi #legal #SCOTUS #SupremeCourt

I finally have finished reading the 69 page complaint and multiple exhibits filed by the state of Illinois and City of Chicago against Trump, Noem, Hegseth etc., seeking to prohibit them deploying federalized National Guard troops in #Chicago. #Chicagoland #LawFedi https://storage.courtlistener.com/recap/gov.uscourts.ilnd.487574/gov.uscourts.ilnd.487574.1.0_4.pdf 1/

Though not serving as Trump’s attorney when he appeared as a witness today in Trump’s trial for criminally falsifying business records, Robert Costello is a lawyer, bound by New York’s Rules of Professional Conduct. Costello repeatedly showed his ethical unfitness, violating the most basic principles that inform the entire code. I’ve screenshot the very first paragraph of the entire code, highlighting the most pertinent phrases. 1/ #LawFedi #Ethics #LegalEthics

ALT

#JamieRaskin being his usual smart self. Gift access: https://www.nytimes.com/2024/05/29/opinion/alito-thomas-recuse-trump-jan-6.html?unlocked_article_code=1.vk0.T-04.K51aLZ1qvpM8&smid=url-share #LawFedi #JudicialEthics #Alito #ClarenceThomas #Recusal

Not going to dignify the current U.S. Supreme Court with a careful legal analysis of today’s #mifepristone decision. But, especially for non-lawyers, it is worth explaining what the opinion does and does not do. It does not prevent future challenges to the FDA’s regulation of the drug; nor does it provide any substantive protection for #abortion access. It does somewhat limit right-wingers from using federal courts to control women’s bodies. 1/ #LawFedi #Standing

U.S. District Court Judge Sara Lee Ellis, who issued the TRO barring deployment of federalized National Guard troops in Chicago and an order forbidding ICE troops from using various riot control weapons there has now ordered Border Control commander Bovino to appear before her in person as she inquires into him personally violating the latter, by tossing a tear gas canister into a crowd. 1/ #LawFedi

https://storage.courtlistener.com/recap/gov.uscourts.ilnd.487571/gov.uscourts.ilnd.487571.92.0_1.pdf

the #FBI is now officially visiting the homes of people spotted at protests like #NoKings, #ICE, etc.

it boggles the mind that there are people at #protests in the US who, upon finding #FBI agents at their door asking “do you have a few minutes to talk about the protests?” answer with anything other than “do you have a warrant?” followed by a polite request that they leave your property.

this isn’t complicated. you need to shut the fuck up. the #5thAmendment exists for a reason. shutting the fuck up cannot be used against you, for any reason, ever. not shutting the fuck up will never help you. it can only hurt you.

any false statement to the FBI can be charged as a crime. even if you just forgot. even if you mix up the order of events. even if you tell the truth but the agents find another person whose story contradicts yours. even if you tell the truth but the agents misrember what you said (!!!)

talking to the FBI is much more legally perilous than talking to the police (and you shouldn’t do that either) and talking to Kash Patel's FBI is far worse than talking to the old FBI.

i know it’s hard. you want to be helpful. you want to explain yourself. it’s a very natural human thing and that’s exactly what they’re going to use against you. so here’s a helpful script you can follow: https://www.youtube.com/watch?v=uqo5RYOp4nQ

literally every single lawyer in the united states will tell you exactly what i’m telling you now. tell a friend. tell all your friends. tell random people you see on the street.

and shut. the. fuck. up.

don't be like this guy, who helpfully stepped out of his house to chat with the FBI outside the range of audio recording for most of an hour: https://www.kenklippenstein.com/p/video-fbi-agents-visit-anti-ice-protester

#STFU #shutTheFuckUp #PSA #uspol #uspolitics #KashPatel #law #lawfedi

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The Commander of ICE-CPB troops in Chicago, Gregory Bovino appeared in federal court today, on the order of federal judge Sara Ellis. Bovino is personally alleged to have violated the court’s order banning certain uses of tear gas and other riot control tactics. The hearing was extraordinary. 1/ #LawFedi

‼️The Ninth Circuit Court of Appeals has just decided to review en band the Portland District Court TRO against use of federalized National Guard troops. They have vacated the order issued by a 9th Circuit panel which had stayed the TRO. I’ll unpack this in following posts. 1/ #LawFedi https://storage.courtlistener.com/recap/gov.uscourts.ca9.b3c1c6b0-b390-4c9d-b557-fc5d525fd150/gov.uscourts.ca9.b3c1c6b0-b390-4c9d-b557-fc5d525fd150.89.0.pdf

Yesterday, federal judge John McConnell of the district court of Rhode Island issued written order requiring the Trump regime to fully fund November SNAP benefits by tomorrow or in the alternative, and assuming it can do so reasonably, to exercise its discretion to fund partially and do so by Wednesday. As with earlier order from a different SNAP case, I expect Trump regime to appeal, no money to flow this week. 1/ #LawFedi
https://storage.courtlistener.com/recap/gov.uscourts.rid.60750/gov.uscourts.rid.60750.19.0.pdf

The plaintiffs in the coalition suit seeking full SNAP funding have, this morning, filed a motion with the court arguing that the Trump regime’s plan does not in fact comply with the court’s order. 1/ #LawFedi https://storage.courtlistener.com/recap/gov.uscourts.rid.60750/gov.uscourts.rid.60750.22.0.pdf https://mastodon.social/@heidilifeldman/115487441897796036

The Trump regime, grudgingly doing the absolute minimum required by law to help hungry Americans, has complied with a court order to use contingency funds Congress already appropriated and fund SNAP food benefits - but only at at a 50% level. #LawFedi 1/

More explanation to come in this thread but I am morally compelled to ask you to contribute what you can to the Mastodon for Hunger relief fundraiser at https://www.grapevine.org/giving-circle/xBnCKKa/Mastodon-for-Hunger-Relief

Judge Sara Ellis is ruling from the bench now as to whether Bovino and ICE and CBP troops have violated her orders preventing the use of certain riot control tactics and requiring warnings to crowds before tear gassing them. She is detailing all the evidence of Bovino’s and other DHS employees lying about their conduct in Chicago. #LawFedi 1/