NEW (and very timely): The House Oversight Committee is settling a long-running, Obama-era subpoena fight with DOJ over docs re: Operation Fast and Furious. Both sides basically agreed to disagree and end the litigation documentcloud.org/documents/5994…
Why does this matter? By settling now, both sides avoid a DC Circuit ruling that would be binding in future subpoena fights between Congress and the executive branch -- like, say, the one the House Judiciary Committee was dealing with today (see: buzzfeednews.com/article/zoetil…)
Both Congress and the exec branch disagreed with parts of the judge's rulings about exec privilege and Congress' ability to go to court to enforce subpoenas. In the settlement, both sides agree these rulings aren't controlling in future cases (district judges don't set precedent)
That being said, judges are free to look at and be persuaded by what their colleagues have done, and the Trump admin and Republicans (when they still held the House) unsuccessfully tried to get these rulings vacated. For more on this: buzzfeed.com/zoetillman/rep…
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We've got ourselves an old fashioned Friday news dump. What's happened over the past few hours:
- SCOTUS declined, for now, to let Trump oust the head of a federal whistleblower protection agency, letting the official stay in the job until at least Wednesday. From Greg Stohr: bloomberg.com/news/articles/…
- DOJ took the unusual step of confirming that it had filed a misconduct complaint against a DC fed judge over her handling of recent hearings in litigation over Trump's effort to bar trans troops from serving in the US military. With Erik Larson: bloomberg.com/news/articles/…
A Mass. federal judge set a hearing for tomorrow on whether to immediately halt the Elon Musk-affiliated "Fork in the Road" deferred resignation offer for federal workers from the Trump admin. Prev: bloomberg.com/news/articles/…
Meanwhile, a DC federal judge is holding a hearing now on whether to intervene re: Treasury Dept. giving info to Musk's DOGE team. Prev: bloomberg.com/news/articles/…
Some more court action later in the day:
- Re: Trump's bar on transgender troops, judge isn't ruling on the motion for an immediate TRO after US basically said status quo will remain pending a fight over a longer-term prelim injunction, but judge says govt must immediately alert her + plaintiffs if that'll change
- DC federal judge set a Friday hearing to consider whether to grant a TRO blocking DOGE from getting access to Dept. of Labor systems and information. See earlier from @swillmer: bloomberg.com/news/articles/…
Interesting hearing this evening in Missouri’s lawsuit seeking to block DOJ from sending two election observers to monitor a St. Louis polling site on Election Day. No ruling from the bench (recap below)
Complaint: assets.bwbx.io/documents/user…
DOJ oppo: assets.bwbx.io/documents/user…
Missouri argues state law spells out who can enter a polling place to observe and DOJ monitors aren’t covered. DOJ says there’s a 2021 settlement with the St. Louis board of elections for ADA violations re: disability access that allows this
But Missouri AG says it appeared it was news to state officials that this agreement was in effect, and more broadly, that the board lacked authority to enter into the monitoring term in the first place. Which raises some Qs for the judge...
Hello on this stunning September morning from the DC federal courthouse, where Judge Tanya Chutkan is holding the first hearing in the Trump case since SCOTUS kicked it back to her. Trump won't be here. Waiting to see what kind of schedule Chutkan will set for the next round of fights over the future of the indictment bloomberg.com/news/articles/…
Trump's lawyers all just entered the courtroom, and also thrilled to report that courthouse security dog Legend is here and continues to be a Very Good Dog (no pics allowed I'm afraid)
Hello from the DC federal courthouse, where Rudy Giuliani is waiting to get through security as jury selection is set to begin this a.m. to determine how much in damages he'll owe two Georgia election workers who sued him for defamation. Stay tuned.
And jury selection is just getting underway in Rudy Giuliani's damages trial -- Judge Beryl Howell, who was not amused that Giuliani was not in the courtroom at 9am when they were supposed to begin, is presiding
After a few hiccups related to the list of prospective jurors, *now* voir dire is officially underway in the defamation damages trial against Rudy Giuliani
BREAKING: A Colorado judge has ruled that Donald Trump can appear on 2024 ballots - she found that he *did* engage in insurrection by inciting the Jan. 6 attack, *but* that the Constitutional prohibition does not apply to the presidency. More to come. assets.bwbx.io/documents/user…
NEW: A Colorado judge found Donald Trump engaged in insurrection by inciting the Jan. 6 attack.
But she held the Constitution's insurrectionist ban didn't apply to a president/the presidency, meaning he'll appear on 2024 ballots.
Lawyers for the Colorado voters who brought the insurrection disqualification case against Trump say they'll appeal to the Colorado Supreme Court. Whoever loses there can petition SCOTUS to intervene bloomberg.com/news/articles/…