Just in: Trump has now asked the DC Circuit for a temporary "administrative" injunction to stop the Archives from turning over his White House records to the Jan. 6 committee (set to happen tomorrow) while he pursues a full appeal s3.documentcloud.org/documents/2110…
According to this filing, the Jan. 6 committee and the National Archives aren't taking a position on Trump's request for a temporary administrative injunction. The parties are jointly asking the circuit to set a more expedited briefing schedule on the main appeal
Clarification: The expedited schedule they've jointly proposed is for Trump to more formally argue for an injunction pending his appeal of the order denying a prelim. injunction by the district court judge — same core issue, different procedural posture
What's going on here? A few things. Not taking a position on an issue is different from agreeing with it, at least in legal jargon land. But the Jan. 6 committee is signaling that it's willing to save the fight for a fuller airing on the injunction issue in the DC Circuit
Trump has asked for a placeholder "administrative" injunction until he formally asks the DC Circuit for an injunction blocking production of the docs while he pursues the appeal. The expedited schedule that the committee did agree to would push things back by less than a week
I'm seeing a lot of people asking why the committee wouldn't fight the administrative injunction request in the meantime. @bradheath, as always, puts things well
@bradheath Now: The DC Circuit will temporarily block the Jan. 6 committee from getting Trump's records in advance of tomorrow's due date. This is an "administrative" injunction and not a decision on the merits. Arguments set for 11/30 before Judges Millett, Wilkins, Jackson. More to come.
@bradheath New: A federal appeals court will temporarily block the Jan. 6 committee from getting Trump's records, but it could be a short-lived reprieve — arguments are set for Nov. 30, and the three-judge panel assigned to the case is not a great draw for him buzzfeednews.com/article/zoetil…
DC Circuit panel handling the Trump records case features two Obama nominees (Millett/Wilkins) and Biden nominee Jackson. Millett, notably, was on the panel that handed Trump a loss in the Mazars subpoena case (although SCOTUS later kicked that back down) buzzfeednews.com/article/zoetil…
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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...