Roger Parloff Profile picture
Dec 2, 2023 7 tweets 3 min read Read on X
You’ve likely read many of the powerful passages from Judge Chutkan’s ruling yesterday holding that Trump enjoys no immunity from criminal prosecution for his acts as president. I’ll just draw attn to one more. ...
1/7bit.ly/3sZl559
To underscore the need to fulfill “our constitutional promise of equal justice under the law,” Chutkan highlights George Washington’s Farewell Address. “His decision to voluntarily leave office after two terms marked an extraordinary divergence ...”
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“from nearly every world leader who had preceded him, ushering in the sacred American tradition of peacefully transitioning Presidential power—a tradition that stood unbroken until January 6, 2021.” ...
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... Chutkan then quotes Washington’s famous “sober warning: ‘All obstructions to the execution of the laws’ ... are destructive of this fundamental principle.” (That’s what this indictment charges in a nutshell.) “Such obstructions would prove ‘fatal’ to the Republic, as ...
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‘cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of govt, destroying afterwards the very engines which have lifted them to unjust dominion.’ ” ...
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... If anyone’s missed the point, Chutkan then spells it out: “In this case, Defendant is charged with attempting to usurp the reins of government as Washington forewarned.” She seals the point with a line from Justice Felix Frankfurter:...
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... “If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny.”
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More from @rparloff

Mar 1
Judge Alsup has issued his written TRO, directing that OPM’s terminations of probationary employees across govt be stopped & rescinded. “No statute—anywhere, ever—has granted OPM the authority to direct termination of employees in other agencies.” ...
1/3
storage.courtlistener.com/recap/gov.usco…Image
Though acting OPM director Ezell claimed agencies made independent decisions, Judge Alsup found a "mountain of evidence" to the contrary, from DOD, the VA, USDA, IRS, NSF, & others. ...
/2 Image
The crux of the final order is here and ...
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Read 4 tweets
Feb 15
Yesterday, in declining to enter a temporary restraining order (TRO) barring DOGE from accessing data systems at the Dept of Labor, CFPB, & HHS, Judge Bates actually delivered a blow to DOGE—though it may only be felt in other cases. A thread. ...

1/10storage.courtlistener.com/recap/gov.usco…
Different suits challenge DOGE on different grounds. The suits challenging its access to data systems in Treasury, Labor, CFPB, & HHS focus on the Privacy Act. The claim is that DOGE is rooting around in our ultra-sensitive data without our permission. ...
/2
... The hurdle for plaintiffs is that DOGE is structured so that DOGE cadres are “detailed” from US DOGE Service to the agencies and then become “agency employees.” (I’m simplifying.) It’s set up that way so that DOGE cadres appear to fit into ...
/3
Read 10 tweets
Feb 10
Trump Adm brings emergency motion to dissolve NY judge's TRO re DOGE; claims it bars TreasSec from access [based on comma ambituity]; threatens mandamus to appeals court arguing no executive action can be insulated from political appointees. ...
/1

storage.courtlistener.com/recap/gov.usco…
... Judge Vargas (the judge now assigned to the case, not the emergency motions judge who entered TRO) has ordered parties to confer to see if they can narrow issues. If not, plaintiff state AGs respond by tonight at 5pm, with govt reply by 11pm tonight. ...
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... Trump Adm eager to tee up key "unitary executive" claims—that no executive function can be insulated from political appointees of President—for appellate courts. ...
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Read 4 tweets
Feb 9
The challenge that all the DOGE-related lawsuits face is that DOGE has a formalistic structure that’s designed to look benign, but which appears to be a charade. Proving it’s a charade in court in a compressed time-frame will be hard. A thread: ...
1/14
As originally described in Nov. in the WSJ, DOGE was about saving trillions of dollars through vast “regulatory recissions, administrative reductions, & cost savings.” ...
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... Yet when unveiled in Trump’s executive order, DOGE’s purported purpose mentioned none of those goals. Instead, the EO claimed that DOGE was about “modernizing federal technology and software to maximize governmental efficiency.” ...
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Read 15 tweets
Feb 8
Here is Judge Paul Engelmayer’s remarkable TRO barring (in effect) DOGE from accessing Treasury’s payment system & ordering (in effect) any DOGE person who has had access to destroy anything already copied. A short thread ...

/1 documentcloud.org/documents/2551…Image
This is broader than the “consent order” entered Thurs. by Judge Kollar-Kotelly in DC. Latter allowed 2 DOGE “special govt employees” (SGEs) to keep working but not send data out of Treas. This one bars access to SGEs & orders them to destroy anything already copied ...
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The new TRO is supposed to be served on DOJ by noon today. Unless challenged or altered, it would last till 2/14, when a different judge, Jeannette Vargas (a federal judge in Manhattan) would hold a hearing on whether to issue a preliminary injunction. ...
/3
Read 11 tweets
Feb 6
At today’s hearing in the FBI agents’ suits to enjoin the govt from disclosing the names of agents who worked on Jan. 6 cases, Judge Cobb’s most interesting comments related to her desire to know more about the survey that DOJ made agents fill out. ...
1/4
At future hearings, she said, she wants to know: “What's [the survey] for? Nothing on its face has anything to do with misconduct. What's being investigated?” (Quotes approximate.) What she’s getting at is that retaliation is the *only* explanation. ...
/2
... As @MarkSZaidEsq & @NormEisen wrote in their complaint, “Defendants do not have discretion to redefine the truth of Jan. 6, 2021 [or] to recast the lawful actions taken ... as illegal ....”
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Read 4 tweets

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