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Roger Parloff Profile picture
@rparloff
Feb 10, 2024 • 6 tweets • 2 min read • Read on X
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Quick update on tense dispute between Judge Cannon & govt in USA v Trump (MaL): ln trying to persuade Cannon to reconsider her order last week to unseal identities of >24 “participants” in probe, including some witnesses & their statements ...
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... the govt showed her, under seal & ex parte (not to defense), an FBI 302 report it said (below) showed threat/harassment of a witness in this case. Yesterday, over govt objection, Judge Cannon ordered it turned over to defense *today* tho leaving it sealed from public. ...
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... Govt claims the documents Cannon ordered unsealed last week “will expose witnesses and others to intolerable and needless risks.” Says the material includes statements of potential witnesses which, by statute, need not be turned over till witness testifies ...
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... Wanting to streamline case, govt turned them over early under protective order, not imagining they’d be made public before trial, if it all, it says. Defendants had taken “no position” on govt’s proposed redactions, but said govt hadn’t met “burden” to keep them sealed...
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Judge has given defense till 2/23 to respond to govt’s motion to reconsider. Govt must meet high standard to win a motion reconsider: either “clear error” or “manifest injustice.” Govt claiming both.
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To be clear, the documents ordered unsealed last week have not yet been unsealed. That's what the govt's motion to reconsider is trying to keep from happening.

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More from @rparloff

Roger Parloff Profile picture
Jul 20
On Friday, in a 34-page unanimous ruling, the 1st Circuit denied govt a stay of Judge Young’s July 2 order declaring NIH’s cancellation of 100s of research contracts as “breathtakingly arbitrary & capricious.” Some interesting things...

1/5storage.courtlistener.com/recap/gov.usco…
If you recall, Judge Young found that DOGE had “force-fed” the cancellations to NIH, drafting cancellation letters, which no NIH scientist reviewed & which the NIH director approved “within [2] minutes”. ...
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DOGE’s template cancellation letter left blanks to be filled from a “reason-for-termination menu,” listing topics like “DEI,” “China,” “Transgender Issues,” “Climate Change.” Use of the menu was “mandatory.” ...
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Read 5 tweets
Roger Parloff Profile picture
Jul 13
A thread about DOJ’s astoundingly misleading responses to the 27-page Reuveni letter (since backed by 150pp of corroborating texts/emails) alleging conduct approaching contempt in 3 cases: JGG, Abrego, DVD.
Let’s examine @DAGToddBlanche’s & @AGPamBondi’s responses. ...
1/9
Reuveni’s letter says 5 others (but not Blanche) were at the 3/14/25 meeting where Bove allegedly said they “would need to consider” telling courts “fuck you.” In Blanche's denial, he claims he was present for whole meeting—but it appears he wasn’t. ...
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“I was at the meeting,” Blanche writes. But Blanche only poked his head in & left, Reuveni told NYT. Tellingly, Bove testified to Senate *not* that Blanche was present, but that Blanche *said* he was present. ...
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Read 9 tweets
Roger Parloff Profile picture
Jun 30
After today’s 5th Circuit argument in the Alien Enemies Act case WMM v Trump ( formerly AARP) it appeared that at least 2 of the 3 judges would approve the validity of Trump’s Alien Enemies Act proclamation. Unclear what due process they’ll afford targeted aliens. ...
1/6
... Judge Andrew Oldham (Trump appointee) doubted that a court could "countermand" virtually any aspect of Trump's decree. He even doubted that aliens had a right to deny their membership in Tren de Aragua, tho SCOTUS has said they do. ...
2/6
... Judge Leslie Southwick (GWBush) was tending toward adopting Judge Haines's (WDPenn) view. Haines found that the decree plausibly found a “predatory incursion” in light of Secy Rubio’s designation of TdA as a “foreign terrorist organization.” ...
3/6
Read 6 tweets
Roger Parloff Profile picture
Jun 25
Emil Bove, like Blanche on X, may be evading. Reuveni wrote than on 3/14 "Bove stated that DOJ would need *to consider* telling the courts "fuck you” and ignore any such court order." So it's true Bove didn't literally order anyone to violate court orders *at that meeting*
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... & it’s also true that Reuveni, later that day, after speaking to DOJ colleague Flentje, felt momentarily reassured. But it's the events that followed--laid out in detail over 27 pages--that suggest that Bove's "fuck you" comment *was* eventually carried out. ...
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... And I don't think anybody yet has denied that the "fuck you" comment was made. Maybe Bove will today. Maybe not. But there’s likely a text between Reuveni & Flentje referencing it when DOJ/DHS was, it seems, violating Judge Boesberg’s orders on 3/15.
/3-end Image
Read 4 tweets
Roger Parloff Profile picture
Jun 19
Tomorrow, at noon, Judge Farbiarz (DNJ) will hold a hearing on whether to release Mahmoud Khalil on bail. Khalil, in custody in Louisiana, requested the hearing 91 days ago. Since then at least 5 others similarly situated have all been released. Thread.
1/21
Khalil is a lawful permanent resident Columbia grad student who participated in Gaza protests. No criminal record. Palestinian. On 3/8 he was detained in his lobby in NYC as he returned with his US citizen wife, who was then 8-months pregnant. ...
/2
On 3/9, Khalil sued seeking release, alleging retaliation for 1st Amendment protected speech.
On 3/11 DHS told Khalil that the reason he was being removed was Secy Rubio’s finding that his presence in US had “serious adverse foreign policy consequences.” ...
/3
Read 21 tweets
Roger Parloff Profile picture
Jun 12
Hearing in Newsom v California, the national guard case, starting at 4:30pm ET. I'll try to live-blog for @lawfare , technology permitting. ... It's on Zoom, but I think the 1000 max has already been hit. ...
/1
Judge Charles Breyer on bench now.
Newsom v Trump
counsel giving appearances
Nicholas Green for state AG seems to be lead.
Brett Shumate from DOJ
/2
Judge: preliminary comments. reason it's necessary to have briefing is while it was initially styled ex parte proceeding, it was certainly not ex parte. there was cooperation between parties. wanted to make sure i had complete record to extent it can be achieved

/3
Read 64 tweets

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