HAPPENING NOW: Appeals court judges raise immediate skepticism about whether President Trump had the power to impose sweeping and broad-based tariffs under his emergency powers.
"IEEPA doesn’t mention the word tariffs anywhere," one judge noted.
Judges now also wondering whether they can review Trump's claim of an emergency over the trade deficit, which has been persistent for years.
DOJ lawyer says the deficit has spiked in recent years and threatens military readiness. He also says judges can't escond-guess president's discretion on that determination.
One judge now wondering, if Trump has the extraordinary, unbounded power to tariff on basis of "emergency" — and that he has total discretion to delcare an emergency — why would any president bother with longstanding trade powers that have more onerous limits?
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NEWS: Trump has withdrawn Alina Habba's nomination to be US attorney in New Jersey, part of a multistep maneuver intended to keep her in the position as acting US attorney beyond an initial Friday deadline.
Here's how it works:
1) Habba resigns as interim US attorney, ahead of a Friday deadline 2) Trump withdraws Habba's nomination to take the job permanently 3) AG Bondi appoints Habba First Assistant US attorney 4) Habba automatically becomes acting US attoreny bc of the vacancy.
The reason Trump has to withdraw her nomination is because the Federal Vacancies Reform Act prohibits the nominee for a Senate-confirmed office from holding the post on an "acting" basis.
NEW: A batch of newly revealed text messages and emails from fired DOJ attorney Erez Reuveni show in real time how DOJ officials handled court orders related to the Alien Enemies Act, Kilmar Abrego Garcia and more.
They lend contemporaneous support to Reuveni's claim that Emil Bove suggested telling a court "fuck you." politico.com/news/2025/07/1…
There's a lot to unpack in the texts and emails between Reuveni and his colleagues. They joke morbidly about beign fired, and are grateful Boasberg was on vacation when the AEA crisis erupted. politico.com/news/2025/07/1…
Reuveni repeatedly told people inside the administration that Boasberg had ordered DHS not to deplane people after they landed in El Salvador. There seemed to be no ambiguity until ... politico.com/news/2025/07/1…
HAPPENING NOW: Judge Xinis is pressing DOJ on why they claimed on May 27 they had no power to bring Abrego Garcia back to the US evne though they had secretly secured a grand jury indictment against him 6 days earlier.
DOJ attorney now contradicts the government's sworn testimony from Tennessee criminal case, saying Abrego Garcia criminal probe began before April 28. Xinis presses her on this and she says she can't explain the contradiction.
XINIS is incredulous at how little information DOJ has about what played out when they're trying to get her to dismiss the case. So far DOJ is basically shrugging and it's just agitating the judge further.
BREAKING: A federal judge in Massachusetts (the Reagan-appointed William Young) has declared the Trump administration's cuts to NIH grants — ostensibly over Trump's EOs on gender ideology and DEI — are "illegal" and "void." He's ordering many grants restored.
YOUNG: "I am hesitant to draw this conclusion, but I have an unflinching obligation to draw it – that this represents racial discrimination. And discrimination against America’s LGBTQ community. That’s what this is. I would be blind not to call it out. My duty is to call it out."
MORE YOUNG: "It is palpably clear that these directives and the set of terminated grants here also are designed to frustrate, to stop, research that may bear on the health – we’re talking about health here, the health of Americans, of our LGBTQ community. That’s appalling."
BREAKING: Judge Breyer orders Trump to return control of the National Guard back to California, saying the call-up was illegal. storage.courtlistener.com/recap/gov.usco…
Breyer stays his order until noon tomorrow, which should be enough time for Trump to seek emergency appeal at 9th Circuit and perhaps Supreme Court. storage.courtlistener.com/recap/gov.usco…
NEW: Judge Breyer said the violence in Los Angeles falls "far short" of the "rebellion" Trump described to justify calling in the troops. And he said Trump's use of the military over the actions of "stray bad actors" was "untenable and dangerous."
HAPPENING NOW: Emergency hearing in Newsom v. Trump, re dpeloyment of the Guard and Marines.
Judge Breyer making some "preliminary" remarks.
BREYER says he's 'appreciative' of both parties for filing a detailed record with the court on a short timeframe and says these are very serious/weighty matters and he intends to act as quickly as the urgency of the matter requires.
Breyer asks a hypothetical: If Trump didn't follow the letter of the statute in calling up the guard, would his order be invalid?
DOJ says no, and court has no role in policing it either.