AND WE'RE UNDERWAY: Judge Reyes has taken the bench to consider DC's emergency bid to block Trump's takeover of the city's police department.
REYES notes the attack on DOGE employee Ed Coristine and the prior claim by Trump + allies that crime in DC has been significantly down this year before deciding there was a national emergency.
But she says she will assume, for today, that the emergency claim is legit.
Arguing for DOJ: Yaakov Roth, principal deputy assistant attorney general of the Civil Division.
REYES is skeptical that the Home Rule Act gives Trump power to commandeer the MPD. He can ask for services, she says, but the law doesn't seem to allow a full takeover.
Reyes notes, and all parties agree, she is the first judge to ever weigh in on the president's authority — through the Home Rule Act — to direct the MPD.
REYES not leaving a lot of mystery here: "The statute would have no meaning at all if the president could just say we’re taking over your police department."
REYES continuing to be skeptical that the Home Rule Act's provision allowing the president to use DC police for federal services permits a wholesale takeover. Asking for discrete services is different than saying police can't do anything without president's permission.
DOJ's Yaakov Roth says he thinks the language of the Home Rule Act is "broad" and may allow for president to take over entire police department without any judicial review.
Reyes has some issues with that.
REYES: "I still do not understand on what basis the president, through the attorney general, through Mr. Cole, can say 'You police department can’t do anything unless I say you can.' That cannot be the reading of the statute."
REYES now trying to encourage a short-term agreement between DC and the Trump administration to can stave off immediate crisis and revisit more fully next week. If she can’t, though, she’s likely to issue a restraining order.
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HAPPENING NOW: President Trump's deployment of the military into L.A. is on trial before Judge Breyer, who will decide whether the effort violates the Posse Comitatus Act.
First witness: Army Deputy Chief of Staff William Harrington.
Lawer for Newsom now underscoring that leaders of the federalized National Guard troops were generally trained to be aware of Posse Comitatus Act and the strict limits it puts on their domestic law enforcement activity.
Newsom's lawyers now eliciting testimony about all of the operations Guard troops participated in during deployment in LA, including 2 against marijuana farms in Mecca and Camarillo
Also, Harrington confirms HEGSETH directly approved guard role in operation in MacArthur Park.
ENGELMEYER says the Trump administration’s claim that they wanted to release the Epstein grand jury records to shed new light on the case is “demonstrably false.” storage.courtlistener.com/recap/gov.usco…
MORE: Engelmeyer says he reviewed the grand jury material and confirmed there is virtually nothing in it that isn’t public already. It would “not reveal new information of any consequence.” storage.courtlistener.com/recap/gov.usco…
NEW: Donald Trump may be off the hook for his alleged crimes, but his allies are still facing charges in five states — including a case against fake electors that goes before Nevada's Supreme Court tomorrow
In Arizona, where Trump allies like Mark Meadows, Rudy Giuliani and John Eastman still face prosecution, AG Kris Mayes is fighting to salvage her grand jury indictment or else go back to the drawing board.
In Georgia, Trump is still technically a defendant but is unlikely to ever see the inside of a courtroom. The case is also a trainwreck, frozen by questions about prosecutorial misconduct that must be resolved even before thorny are resolved. politico.com/news/2025/08/0…
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.