Senior legal affairs reporter for @POLITICO with a focus on democracy, law and the balance of power in government. Tips: kcheney@politico.com NY ➡️ BOS ➡️ DC
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Jun 13 • 6 tweets • 3 min read
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…
Jun 12 • 9 tweets • 2 min read
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.
May 30 • 4 tweets • 2 min read
NEW: The Trump administration has conceded that it improperly deported another Salvadoran man in violation of a court order — blaming a "confluence of administrative errors."
The man's lawyer plans to demand his return.
politico.com/news/2025/05/3…
Jordin Melgar-Salmeron had a criminal record — he pleaded guilty in 2021 to possessing an unregistered gun — but his deportation had been on hold since 2024 amid broader Biden-era litigation.
BREAKING: Federal court says Trump exceeded his authority to impose tariffs under IEEPA. storage.courtlistener.com/recap/gov.usco…
NEW: Trump's latest legal rejection comes from the U.S. Court of International Trade, which ruled his tariffs in response to "national emergencies" were illegal. politico.com/news/2025/05/2…
May 16 • 7 tweets • 1 min read
HERE WE GO: Latest hearing in Kilmar Abrego Garcia's case is underway with Judge Xinis on the bench.
XINIS says she intends to do as much of this in open court as possible, despite discussion of privileged materials. they can use the husher/phones if they need to reference confidential info, she notes.
May 10 • 4 tweets • 3 min read
NEW: Federal judges across the country are increasingly warning of a due process crisis caused by President Donald Trump’s deportation blitz.
Their message: If we eliminate due process for the ‘least’ of us, Americans could be next.
politico.com/news/2025/05/1…
The judges’ message has sharpened amid Trump’s increasingly aggressive effort to short-circuit due process for those he deems. And it’s coming from judges appointed by presidents of both parties — including Trump himself.
HAPPENING NOW: Judge Boasberg is pressing DOJ about Trump's comment that he could pick up the phone and have El Salvador send back Abrego Garcia. Doesn't that mean U.S. effectively has custody over deported migrants, he's asking?
DOJ LAWYER ABISHEK KAMBLI:
“That goes toward the president’s belief about the influence that he has.”
"Influence does not equate to constructive custody."
JEB: “Is the United States paying El Salvador to house these migrants?”
KAMBLI: “There is no agreement or arrangement whereby the United States maintains any agency or control over these prisoners.”
JEB: But there’s a formal notice of a $4.76 million grant to El Salvador dated March 22
KAMBLI: There were grants that were made to El Salvador for law enforcement and anti-crime purposes that can be used.
May 2 • 5 tweets • 3 min read
In late night filing, Trump administration advances new legal arguments re: Alien Enemies Act.
BREAKING: A judge has ordered the immediate release of Mohsen Mahdawi, a Columbia student detained amid Trump administration crackdown on pro-Palestinian activists.
@liz_crampton was in the Vermont courthouse where the decision just came down.
NEWS: After canceling thousands of foreign students' immigration records — threatening their ability to study and live in the US — the Trump administration has reversed course and restored them all.
It follows intense pushback from courts across the country.
Details TK
ICE had terminated the records of thousands of students from a federal database called SEVIS that tracks their legal status in the country. The effect of those terminations was in dispute, but many students said they had been barred from continuing their studies and were at risk of deportation.
The reason ICE appeared to have canceled their SEVIS records? Minor legal infractions that showed up in criminal history searches — which the law explicitly says is not a basis to deny a foreign student, studying on an F1 visa, their legal status.
Now, after dozens of judges across the country flagged the likely illegality, ICE says it won't do that anymore. politico.com/news/2025/04/2…
Apr 24 • 4 tweets • 1 min read
It is unfathomable that Martin was unaware of the widely publicized allegations about Hale-Cusanelli, who he has interviewed for hours and whose case made national headlines for years after Jan.6.
BUSY NIGHT FOR THE COURTS: Late last night, a federal judge issued a preliminary injunction barring DOGE’s access to sensitive Social Securitt data, saying the government flouted the law to provide unfettered access to DOGE without a reasonable basis. storage.courtlistener.com/recap/gov.usco…
ALIEN ENEMIES ACT: The Trump administration filed an emergency motion to block Judge Boasberg’s initiation of contempt proceedings, saying his suggestion of forcing the administration to prosecute itself — or bring back deported Venezuelans — is unconstitutional.”
Apr 16 • 6 tweets • 3 min read
JUST IN: Judge Boasberg finds probable cause to hold administration in contempt of court for defying his order to turn around planes, demands new details in order for officials to “purge” their contempt. Details TK
BOASBERG said the evidence shows willful defiance by the Trump administration that amounts to criminal contempt. Full 46-page opinion: ecf.dcd.uscourts.gov/cgi-bin/show_p…
Apr 15 • 15 tweets • 4 min read
DOJ provides no new information on Abrego Garcia but says if he manages to return to the US, they'll detain him and remove him to a different country (not El Salvador) or seek to "terminate" his order of removal and send him back to El Salvador...
which is the lawful process. storage.courtlistener.com/recap/gov.usco…
Joseph Mazzara, ICE's general counsel, filed this update with the court. He also is present in court today.
Apr 13 • 4 tweets • 2 min read
JUST IN: The Trump administration says it has "no updates" for Judge Xinis about efforts to facilitate return of Kilmar Abrego Garcia. Reiterates that a judge in 2019 viewed him as a member of MS-13.
A federal judge is not prepared to “rubber stamp” the dismissal of charges against a Jan. 6 defendant who was separately convicted of an unrelated gun charge.
Judge James Bredar is asking prosecutors to explain why they suddenly claim Trump’s pardon covers this — and to explain the “inconsistent” positions it has taken on this question over the past two months.
1) Ben Martin (gun conviction w history of domestic violence) 2) Dan Wilson (gun conviction w a felony record) 3) Elias Costianes (gun conviction w history of drug abuse) 4) Jeremy Brown (possession of grenades, guns, classified info)
Apr 9 • 4 tweets • 3 min read
NEW: The Justice Department says Jan. 6 defendants whose convictions were wipred out by Trump are owed a refund for the restitution they paid to Congress.
politico.com/news/2025/04/0…
DOJ's position came in response to a request for a refund by defendant Stacy Hager, who wants back the $500 he paid to the architect of the Capitol after his conviction.
BREAKING: Judge McFadden has *granted * the AP’s injunction against the White House’s ban on access to the Oval Office and East Room.
There are plenty of good reasons the White House could restrict access to reporters from some events, the Trump-appointed judge concluded. But singling out some outlets over viewpoint is not one of them.
Apr 7 • 6 tweets • 2 min read
Just two US senators asking questions abut random assignment in the federal US district court in DC that could be answered by ... actually paying attention to the federal district court in DC. 1/6
There are an enormous number of high-profile cases in Washington because the seat of government is here. Boasberg, over the last 4 years, probably got a lower share. of those explosive, Trump-related cases than most of his colleagues. 2/6
Apr 7 • 4 tweets • 2 min read
BREAKING: The 4th Circuit has *denied* the Trump administration's effort to resist an order to return Kilmar Abrego Garcia to the United States by midnight tonight.
Judge Xinis' order is still in effect. s3.documentcloud.org/documents/2588…
MORE: The panel, which ruled unanimously, scolds the Justice Department for penalizing the lawyers who argued the case. "The duty of zealous representation is tempered by the duty of candor to the court ... and the duty to uphold the rule of law." s3.documentcloud.org/documents/2588…