JUST IN: Fulton County DA Fani Willis says any further delay in Sen. Lindsey Graham's testimony could "delay the
revelation of an entire category of relevant witnesses or information."
"This would significantly harm the interests and administration of the [grand jury]."
BREAKING: Federal judge has *denied* Sen. Graham's effort to stay the ruling requiring him to testify to the Fulton County grand jury on Aug. 23. Now the question of a stay rests with the appeals court, which received Graham's case yesterday.
Judge Leigh Martin May does not seem thrilled with Graham's effort to pick apart her ruling.
The Judge's point is that not every aspect the DA wants to question Graham about could conceivably be protected by the Speech or Debate clause — including whether Graham coordinated his phone calls to GA officials with the Trump campaign.
Judge agrees that delaying Graham's testimony could be a significant hindrance to the overall grand jury investigation.
NOTABLE: In Graham's motion to stay the lower court ruling, his attorney says the DA's office had verbally promised to postpone his grand jury appearance pending appeal. He says they didn't tell him until 4:40 a.m. today that they were changing course.
Judges around the country are eyeing what's happening in Minnesota. In a ruling freeing a detained immigrant here, Judge Goodwin of West Virginia said he couldn't ignore the crises in MN.
Judge Traynor becomes latest in a vanishingly small -- but steadily growing -- minority of judges to side with the Trump administration's mandatory detention policy. He says it's a "sorrowful conclusion" to remove a law-abiding man from his family.
Notably, Tryanor -- a North Dakota-based Trump appointee -- is apparently handling cases in Minnesota due to the immense backlog of habeas petitions.
UPDATE: Another judge in Minnesota, Reagan appointee David Doty, rules a detention by ICE illegal — and threatens contempt for a failure to return the man to Minnesota. storage.courtlistener.com/recap/gov.usco…
HAPPENING NOW: Minnesota v. Noem hearing is underway before Judge Menendez, who will weigh whether to order an end to Operation Metro Surge. AG Keith Ellison is at counsel table for the state.
Lawyer for the state, Lindsey Middlecamp, begins by demanding immediate end to "unlawful and unchecked invasion" by federal agents. She cites the Alex Pretti killing and says things are escalating, not improving.
Middlecamp says AG Bondi's letter to the state amounted to a "ransom note" and that messages from her and President Trump amounted to an unconstitutional attempt to coerce the state to change its policies.
Minnesota courts have been inundated with these cases since the beginning of Operation Metro Surge last month. Here's a ruling by Judge Bryan from yesterday, freeing a man who as detained after living in the US for 20 years with no criminal record. storage.courtlistener.com/recap/gov.usco…
Here's another ruling in Minnesota, also yesterday, releasing a man who was forcefully detained by ICE despite having *active* refugee status. storage.courtlistener.com/recap/gov.usco…
HAPPENING NOW; Judge Young is picking up where he left off in his remarkable opinion describing an unconstitutional scheme to arrest/deport pro-Palestinian activists in violation of their constitutional rights:
"There was no policy here. What happened here is an unconstitutional conspiracy to pick off certain people, to twist the laws."
"Two cabinet secretaries conspired ... they intentionally, knowing what they were doing, counseled by professionals who cautioned them, nevertheless went ahead to pick off these people with the intention that your clients would be chilled. And did so rather effectively, by the way."
YOUNG: "The big problem in this case is that the cabinet secretaries and ostensibly the president of the United States are not honoring the First Amendment."
YOUNG, speaking of Secretary Rubio and Secretary Noem: "These cabinet secretaries have failed in their duty to uphold the constitution."
HAPPENING NOW: In federal court in MN, DOJ is struggling to articulate why a person following an ICE vehicle — so long as they are obeying traffic laws — can be stopped for "reasonable suspicion" of a crime.
Judge Menendez sharply questioning that contention.
Judge Menendez has not tipped her hand entirely yet but she seems concerned that DOJ provided no firsthand evidence to counter the specific, evidence-backed claims by protesters that they were arrested / seized in retaliation for First Amendment speech.
Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat.
BREAKING: A day after the Minneapolis shooting, Secretary Noem quietly signed a new policy barring congressional visits to ICE facilities without a week's advance notice.