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Roger Parloff Profile picture
@rparloff
May 16 • 3 tweets • 2 min read • Read on X
Last night, in the suits brought for FBI agents who worked on Jan. 6 probes, who seek to stop their names from being outed, plaintiffs brought to Judge Cobb's attention the pledge of new DOJ Weaponization "captain" Ed Martin, who pledged to do just that: "We will name them." 1/3 Image
Martin said he knew that outing FBI agents violated policy, but didn't care: "The system is stifling the truth from coming out because of some procedure." Plaintiffs' full notice is here: ...
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documentcloud.org/documents/2594…Image
This morning, Judge Cobb ordered the govt to respond to the plaintiffs filing by 5/21. In the suit, FBI agents are asking to destroy & enjoin publication of a list of agents who worked on the J6 probe compiled by then-Acting Dep AG Emil Bove in January.
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More from @rparloff

Roger Parloff Profile picture
May 13
A month after SCOTUS ordered govt to “facilitate” Abrego Garcia’s return, parties filed briefs last night over “state secrets” & “deliberative process” privileges. On 5/7 Secy Rubio filed sealed declaration claiming that any “agreement” with Bukele is a “state secret.” ...
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... Abrego Garcia says Rubio’s declaration is “vague & boilerplate” and belied by public statements galore by Rubio, Bukele & others. (State secret can be invoked when compelling evidence would “expose military secrets” compromising “national security.”) ...
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... Interestingly, Abrego Garcia's attys say that, during mysterious week-long pause in case, govt “apparently” suggested to court that it was working to secure his return, even as senior officials said “precisely the opposite to the American public” ...
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Read 5 tweets
Roger Parloff Profile picture
May 12
Will courts ever declare that Trump is unlawfully dismantling Congressionally created agencies? Or will they just treat his actions as if they were ordinary cuts & trims—albeit on an unusually large scale? Will courts ever see the forest for the trees? Thread ... 1/11
In 2 remarkable recent orders, judges saw the forest. In one, on Friday, Judge Ilston of SF issued a broad temporary restraining order freezing efforts to dismantle 21 federal agencies. In the other, on 4/22, Judge Lamberth of DC saved, for the moment, Voice of America ...
/2
... The hurdle both orders face on appeal is this: Ordinary federal employment disputes get shunted off to administrative bodies that can’t issue injunctions or address constitutional questions. The govt says that that’s what should’ve happened in these cases, too ... /3
Read 14 tweets
Roger Parloff Profile picture
May 10
Let me unpack this. Judge James Hendrix of the Northern District of Texas is refusing to permit Venezuelans detained there to bring a class action challenging the lawfulness of Trump’s Alien Enemies Act proclamation or to ensure minimum due process measures. ...
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... While Hendrix concedes that there are some common, class-wide issues—like: Is invoking the AEA even lawful here?—he says individual issues prevail & each incarcerated alien should proceed individually. He also denies class treatment as a matter of “discretion.” ...
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... The judge reasons that individual suits will actually be better for the detainees. What if, for example, a 13-year-old US citizen is mixed in among them? Wouldn’t it be better for him to sue individually than risk getting overlooked in a complicated class action? ...
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Read 5 tweets
Roger Parloff Profile picture
May 5
The govt is asking Judge Gallagher in Baltimore to vacate an order she entered on 4/23 requiring DHS to “facilitate” return of a 2d man in El Salvador's CECOT prison, known as Cristian. (Not Abrego Garcia) Govt has filed under seal an “indicative asylum decision” ...
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... Under Judge Gallagher’s earlier orders (4/23 and 4/30), the govt was supposed to tell Judge Gallagher what steps they’ve taken to facilitate Cristian’s return at a status conference tomorrow (5/6/25). ...
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... Cristian, now 20, is a Venezuelan covered by a 2024 class action settlement of a 2019 lawsuit on behalf of unaccompanied alien children. The settlement bars class members from being removed before their asylum claims are finally decided. ...
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Read 5 tweets
Roger Parloff Profile picture
May 3
A note on Judge Howell’s ruling striking down the Perkins Coie exec order. Key point is in 1st sentence: “No American President has ever before issued exec. orders like the [this] one.” Trump apologists can change the subject or stay silent, but can’t deny she’s right. ...
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Without a blue tic, I can’t even fit all the constitutional violations into one tweet. I count 9: (1) free speech (1st Am); (2) free association (1st Am); (3) right to petition govt (1st Am); (4) right against compelled disclosure of confidential associations (1st Am);...
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... (5) equal protection (5th Am); (6) procedural due process (5th Am); (7) void for vagueness (5th Am); (8) right to counsel in civil cases (when you can afford one) (5th Am); right to counsel in criminal cases (6th Am). Howell does not decide one of Perkins’ claims ...
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Read 10 tweets
Roger Parloff Profile picture
Apr 22
In 35-page ruling, DColo judge grants class-wide (statewide) TRO against removing Venezuelans under Alien Enemy Act. Plaintiffs likely to win on argument that ACT DOES NOT APPLY. "Invasion," "predatory incursion," "foreign nation or govt" all absent here. storage.courtlistener.com/recap/gov.usco…Image
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She also finds that DOJ's current 24 hr notice is insufficient. Must provide at least 21 days notice.
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Notice must also tell aliens of right to seek review, right to speak to atty, and must be written in language the alien understands. ..
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Read 4 tweets

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