It's 2:55 a.m. and I just figured out how Pence massaged the rules of the Electoral College counting session to avoid introducing the "rival" slates of Trump electors.
These are the instructions VPs have given out at the start in each of the last 5. Note the difference?
TLDR: The law specifies that the VP must introduce all "purported" electoral votes. This year, that might've included the unserious/mock Trump electors.
But Pence worked with the parliamentarian to interpret it so only electors backed by a state "authority" would be introduced.
Note how Pence emphasizes, before introduced each state that not only is the slate of electors "regular" and "authentic," but that the parliamentarian has advised him is the only one backed by a state "authority."
That is not a regular acknowledgment at these sessions.
A lot of people interested in this process. Even had Pence introduced these electors, which it’s not entirely clear he had authority to do, they would be legally invalid and unable to be counted by Congress. It would have accomplished nothing except making a lot of people angrier
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BREAKING: A federal judge in Massachusetts (the Reagan-appointed William Young) has declared the Trump administration's cuts to NIH grants — ostensibly over Trump's EOs on gender ideology and DEI — are "illegal" and "void." He's ordering many grants restored.
YOUNG: "I am hesitant to draw this conclusion, but I have an unflinching obligation to draw it – that this represents racial discrimination. And discrimination against America’s LGBTQ community. That’s what this is. I would be blind not to call it out. My duty is to call it out."
MORE YOUNG: "It is palpably clear that these directives and the set of terminated grants here also are designed to frustrate, to stop, research that may bear on the health – we’re talking about health here, the health of Americans, of our LGBTQ community. That’s appalling."
BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. storage.courtlistener.com/recap/gov.usco…
Breyer stays his order until noon tomorrow, which should be enough time for Trump to seek emergency appeal at 9th Circuit and perhaps Supreme Court. storage.courtlistener.com/recap/gov.usco…
NEW: Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous."
HAPPENING NOW: Emergency hearing in Newsom v. Trump, re dpeloyment of the Guard and Marines.
Judge Breyer making some "preliminary" remarks.
BREYER says he's 'appreciative' of both parties for filing a detailed record with the court on a short timeframe and says these are very serious/weighty matters and he intends to act as quickly as the urgency of the matter requires.
Breyer asks a hypothetical: If Trump didn't follow the letter of the statute in calling up the guard, would his order be invalid?
DOJ says no, and court has no role in policing it either.
NEW: The Trump administration has conceded that it improperly deported another Salvadoran man in violation of a court order — blaming a "confluence of administrative errors."
Jordin Melgar-Salmeron had a criminal record — he pleaded guilty in 2021 to possessing an unregistered gun — but his deportation had been on hold since 2024 amid broader Biden-era litigation.
DOJ had assured a federal appeals court court that Melgar-Salmeron wouldn't be deported before May 8-9. But after the court issued a May 7 order blocking his deportation, ICE put him on a plane just minutes later and told the court he was gone. politico.com/news/2025/05/3…
NEW: Trump's latest legal rejection comes from the U.S. Court of International Trade, which ruled his tariffs in response to "national emergencies" were illegal. politico.com/news/2025/05/2…
The three-judge panel that ruled against Trump? Appointees of:
HERE WE GO: Latest hearing in Kilmar Abrego Garcia's case is underway with Judge Xinis on the bench.
XINIS says she intends to do as much of this in open court as possible, despite discussion of privileged materials. they can use the husher/phones if they need to reference confidential info, she notes.
XINIS signals frustration with the Justice Department for not making available officials with firsthand knowledge of Abrego Garcia's status and efforts to facilitate his return, despite her order. She notes the depositions were crammed with "I don't knows" from the witnesses.