BREAKING: Judge Nichols has issued his written order formalizing his decision to block the Trump administration from putting 2,200 USAID workers on leave tonight.
Nichols also has blocked the expedited "repatriation" of 1,400 foreign service officers ordered as part of the dismantling of USAID. politico.com/news/2025/02/0…
NICHOLS: "Administrative leave in Syria is not the same as administrative leave in Bethesda."
NOTABLE: Nichols emphasized that when he asked Trump administration lawyers to explain why it had to quickly put 2,200 workers on paid leave, they had no answer "beyond asserting without any record support that USAID writ large was possibly engaging in 'corruption and fraud.'"
NICHOLS stopped short of doing one thing the employees wanted: Reopening the funding spigot. He said the supposed harms caused to workers by the freeze on spending programs was too "hypothetical" to justify emergency relief. politico.com/news/2025/02/0…
HAPPENING NOW: Lawyers for the government say at end of day 2,200 USAID employees will be placed on paid leave.
-500 already on leave
-600 employees will be kept on.
Lawyers for USAID workers say this essentially means employees will, within hours, be cut off from government systems, including or people in "war-ravaged" areas who rely on security updates. It will also imperil partner organizations who depend on those workers.
Judge NICHOLS is drilling down on the harm that will be caused to the 2,200 workers beign put on leave tonight. The lawyers for the workers say they'll be in an "information vacuum" in potentially dangerous situations, cut off from payments, could have diplomatic immunity revoked
In court just now, the states are introducing @PressSec tweet saying the funding freeze is still active as evidence that their lawsuit should continue.
Judge MCCONNELL says that prior to the withdrawal of OMB's spending freeze memo, he was inclined to issue a temporary restraining order given the lack of clarity/potential for harm. Now he thinks there may need to be case-by-case legal actions as funding is blocked.
The states say the WH statements suggest the original, sweeping spending freeze is still in effect, even if the OMB memo describing it has been pulled. The harm continues, they say, so they want a restraining order.
NEW: Judge CHUTKAN is now weighing in on Trump's mass dismissal of Jan. 6 cases, saying it "cannot whitewash the blood, feces, and terror that the mob left in its wake." politico.com/news/2025/01/2…
Chutkan's comments closely followed Judge Beryl HOWELL, who lit into Trump's dismissals for stoking a "revisionist myth" about what happened on Jan. 6 and the criminal cases that followed. politico.com/news/2025/01/2…
SIDE NOTE: There are all kinds of ancillary issues cropping up w/ J6 dismissals. Judge Mehta notes that he may not be able to "dismiss" a conviction that has been finalized. Judge Bates wants to know whether he can still penalize a defendant for violations of release conditions.
HAPPENING NOW: Judge Howell is lighting into Giuliani for violating an order — that he voluntarily entered into — against further defaming Ruby Freeman and Shaye Moss.
Moments before the hearing began, Giuliani attacked Howell as "bloodthirsty." He keeps trying to speak over her
Giuliani is attacking Howell even as the hearing is underway.
GIULIANI is taking the stand as lawyers argue over the worth of his assets that are not already subject to the Moss/Freeman deposition litigation. He has been sworn in. Howell emphasizes this will be brief.
BREAKING: Cannon has blocked DOJ from releasing Smith’s report until further court proceedings
MORE: Cannon's order came wthout addressing questions about her jurisdiction (the case is pending before the 11th circuit, not her court) and in advance of a promised filing from Smith's office later tonight.
DOJ had also assured her the report wouldn't come before Jan. 10.
ALSO: The order does NOT bar Trump or his codefendants from sharing aspects of the report, even though they have spent three days reviewing it. DOJ said earlier today that Trump inappropriately shared details of the report in a court filing yesterday.