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Zoe Tillman Profile picture
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5 May, 4 tweets, 2 min read
A federal judge in DC has vacated the CDC's nationwide eviction moratorium (currently set to expire June 30), finding the Public Health Service Act didn't give the agency the power to do something like this on its own assets.documentcloud.org/documents/2069…
As the judge notes, before the CDC extended the moratorium again through June 30, several courts had ruled against the CDC's authority to do this and some courts had rebuffed challenges
DOJ has filed a notice of appeal of this morning's ruling vacating the CDC's nationwide eviction moratorium (see thread for more)
Update: The federal eviction moratorium remains in place for now — the judge who vacated it in a ruling this morning (see thread) has agreed to pause her order for at least 1.5 weeks to consider DOJ's request to keep the case on hold while they appeal to the DC Circuit

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More from @ZoeTillman

Zoe Tillman Profile picture
27 Apr
Hello from Judge Chris Cooper's virtual courtroom, where arguments are starting soon on Richard Barnett's motion for release — he's the one who told reporters he left Pelosi a note that said, "Nancy, Bigo was here, you bitch" (looks like "bitch" was misspelled on the actual note)
Barnett lost the last time he tried to argue for release in January, with Chief Judge Howell saying that his "entitled behavior ... shows a total disregard for the law": buzzfeednews.com/article/zoetil…

He's arguing the legal landscape is very different now, given rulings in other cases
If you'd like to listen to the hearing in Barnett's case, here's the public dial-in info for the court, it's before Judge Cooper: dcd.uscourts.gov/covid-19-emerg…
Read 18 tweets
Zoe Tillman Profile picture
27 Apr
Hello from Judge Thomas Hogan's virtual courtroom, where arguments are set to begin shortly on release motions filed by the two men charged with conspiring to assault Officer Sicknick at the Capitol, Julian Khater and George Tanios.

On their motions:
If you'd like to listen in to the Khater/Tanios detention hearing, here are the court's public lines, it's before Judge Hogan: dcd.uscourts.gov/covid-19-emerg…
Khater's lawyer Joseph Tacopina goes first, reiterates the argument from his brief that what Khater is accused of — spraying pepper spray at police — was a "limited and isolated" act, and contends he's unlike other rioters who crossed police barriers and went into the Capitol
Read 16 tweets
Zoe Tillman Profile picture
26 Apr
Several hours behind, but: A judge explained his ruling last week to keep Scott Fairlamb — charged with assaulting police on Jan. 6 — in jail.

"...the defendant’s history of punching people in the face suggests that he may punch people in the face again"
assets.documentcloud.org/documents/2069…
Judge Lamberth writes that Fairlamb fits the profile of a Jan. 6 defendant warranting detention that the DC Circuit had in mind when it wrote the Munchel opinion, which set the bar higher for pretrial detention for people not charged with specific acts of violence
Lamberth also not buying a "puffery" arg re: Fairlamb's pre-Jan. 6 social media posts.

"He said it was time to 'put up or shut up' and then he, as promised, put up, assaulting a police officer. When a person follows through on a threat, his words cannot be taken as hyperbolic."
Read 5 tweets
Zoe Tillman Profile picture
26 Apr
It's been more than a decade since SCOTUS ruled in a major gun rights case. Last year, the court's conservatives signaled that they thought it was time to revisit the scope of 2nd Amendment rights buzzfeednews.com/article/zoetil…
Kavanaugh wrote in April 2020 that he shared Alito's "concern that some federal and state courts may not be properly applying Heller and McDonald" (the last big 2A cases SCOTUS decided, which struck down handgun bans and reinforced gun rights in the home) buzzfeednews.com/article/zoetil…
What about the court's newest member? In a 7th Circuit case about state laws banning people convicted of most felony crimes from possessing a firearm, then-Judge (now Justice) Amy Coney Barrett warned about treating the 2nd Amend. as a "second-class right" buzzfeednews.com/article/zoetil…
Read 5 tweets
Zoe Tillman Profile picture
23 Apr
Busy week for the DOJ Civil Rights Division: One day after the announcement of a probe into the Minneapolis Police Dept., the govt has filed a statement of interest in a case about the constitutional rights of transgender persons in prison assets.documentcloud.org/documents/2068… ImageImage
As @dominicholden previously reported, the Trump admin rolled back Obama-era protections for transgender persons in federal prisons: buzzfeednews.com/article/domini…

Biden pledged during the campaign to return to the Obama-era version: Image
@dominicholden DOJ's latest filing is about the Georgia Department of Corrections, not federal prison facilities. The brief notes that there's an open DOJ investigation into the treatment of LGBT people housed in the GDC that launched in 2016 (justice.gov/crt/special-li…) ImageImageImage
Read 4 tweets
Zoe Tillman Profile picture
22 Apr
This is the first I've seen of DOJ bumping up the estimate for how many prosecutions to expect re: Jan. 6 and updating boilerplate language in motions to delay deadlines. Previously it was 300+ charged with at least 100 to go, now it's 400+ charged with at least 100 to go
Note the rest of the language that DOJ has used in these continuance motions stayed the same in terms of giving the court a sense of the resources expended so far in the investigation (search warrants, hours of footage, tips, etc.)

Here's the full doc: assets.documentcloud.org/documents/2068…
An est'd 800 people went inside the Capitol, and many others were on the grounds with varying degrees of interaction w/ law enforcement. As Ryan notes, there's a known universe of people who haven't been identified/arrested but have been flagged by the FBI
Read 4 tweets

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