NOW: A judge has denied Roger Stone's efforts to dismiss the prosecution against him. She will let him see a few unredacted sections of Mueller's report, but he cannot share them publicly ecf.dcd.uscourts.gov/cgi-bin/show_p…
The fact that the judge denied Roger Stone's motions to dismiss the case and block the prosecution is not surprising — arguments did not go well for him on this in late May
The judge's findings:
- Congress did not need to make a criminal referral for DOJ to charge Stone with lying to Congress
- Mueller's appointment didn't violate the Appropriations Clause, the Appointments Clause, or anything else in the Constitution
Judge Amy Berman Jackson: "Based on the allegations in the indictment which are assumed to be true for purposes of these motions, it is fair to say that Roger Stone has no one but himself to blame for the fact that he was investigated by the Department of Justice."
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Court action this afternoon/evening: 2-1 order from the DC Circuit denying request by the US Conference of Catholic Bishops to restore appropriated federal funds for refugee resettlement programs that the Trump admin cut off; Judge Millett dissents assets.bwbx.io/documents/user…
In a 2-1 order (another Millett dissent), the DC Circuit said it would let Trump fire two independent agency officials, boosting the admin's push to expand his power to control the makeup of these entities. One fired official is preparing to ask the full circuit to reconsider: bloomberg.com/news/articles/…
Meanwhile, a 4th Circuit panel lifted restrictions on the role that Elon Musk and people affiliated with his DOGE project can play in dismantling USAID (but was divided on the underlying merits of the constitutional fight over the power Musk is exercising) bloomberg.com/news/articles/…
A DC judge said today he’ll likely order the Trump admin's government efficiency office to preserve its records; no immediate ruling on whether DOGE is subject to FOIA buff.ly/mycbsPj
The judge told the DOJ lawyer appearing today in the DOGE FOIA case to "advise your clients" ASAP about the likelihood of a preservation order. Trump admin contends the records law doesn't apply to DOGE bloomberg.com/news/articles/…
The judge told the DOJ lawyer appearing today in the DOGE FOIA case to "advise your clients" ASAP about the likelihood of a preservation order. Trump admin contends the records law doesn't apply to DOGE bloomberg.com/news/articles/…
ICYMI: Trump announced a new policy requiring DOJ to demand in court that challengers suing the admin should have to post money bonds if they win orders blocking his actions. Several judges have already rejected such requests buff.ly/11JLZfZ
DC judge denied motion to restrict DOGE access at Treasury. NY judge's injunction remains in place for now.
DC judge said plaintiffs couldn't show irreparable harm re: personal data becoming public -- but they could come back if the situation changed assets.bwbx.io/documents/user…
Overnight: Washington state AG filed a contempt motion accusing the Trump administration of defying an injunction that blocked cutting off federal funds to institutions that provide gender-affirming care in the states that sued assets.bwbx.io/documents/user…
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...