Serious Trouble

For all subscribers: a discussion of the Sean Combs jury deliberations and a look at the 6-3 Supreme Court ruling in Trump v. CASA that says trial courts (generally) can no longer issue nationwide injunctions. As Ken and I discuss, the ruling is sure to greatly change how aggressive executive branch actions get litigated, but the exact na...

More shadow docket news on this week’s show: The Supreme Court’s conservative majority blocked an order from a federal judge in Boston that had imposed due process requirements when the Trump administration tries to deport migrants to countries other than their countries of origin. As is often the case with shadow docket orders, the judges in the majority did not explain their reasoning, leaving the lower courts without clear guida...

It’s been a big week for some of the dumber litigation we follow around here. It’s not all dumb — we start with an update on California’s litigation over the deployment of the National Guard in Los Angeles, where the state has gotten relief at the trial court level but faces a tough road in the appeals courts. And we look at a case in Boston where a federal judge has blocked, for now, the cancellation of certain grants the National...

Donald Trump has activated the National Guard in California over the objections of Governor Gavin Newsom, and Newsom has sued, claiming the activation is illegal. Ken and Josh discuss Newsom's chances of prevailing against the president's broad authority to use the military for various purposes. Meanwhile, union leader David Huerta has been charged for his actions of civil disobedience. One of Huerta’s legal problems stems from his...

In the ongoing defamation trial of Mike Lindell, who accused Dominion Voting Systems employee Eric Coomer of personally conspiring to steal the 2020 election from Donald Trump, Lindell isn't bothering to argue that his claims were true. Instead he's saying he believed them at the time he said them. Is that a good defense?

Plus: a federal appellate decision upholding an injunction against Texas Attorney General Ken Paxton's efforts t...

This week’s show is heavy on economic policy. Yay! We discuss a ruling from the U.S. Court of International Trade that many of Trump’s beloved tariffs are illegal and then, a strange shadow-docket order in U.S. v. Wilcox, a case about the National Labor Relations Board that raises a key economic question: Does that mean the president can ...

This week, we look at the indictment of Judge Hannah Dugan and the end of Ed Martin's reign at the US Attorney's office for the District of Columbia. For paying subscribers, we have an update on family business at the Sean Combs trial, where James Comey's daughter Maurene is facing off against Mark Geragos's daughter Teny. We have updates...

This week on the show: Jury selection for Sean Combs' eight-week RICO trial, which is moving along very quickly for for a complex federal criminal case.

Plus: a ruling in the Alien Enemies Act cases, a ruling that gets at the heart of the policy question: whether there is an “invasion” or “predatory incursion” that triggers presidential powers under the law in the first place. It's a strange one.

Another long-running case where ICE c...

We've got a lot for paid subscribers this week: Updates on several removal cases, a look at the arrest of Judge Hannah Dugan, our first look at the litigation over Trump's tariffs, a cautionary tale about what happens when you accidentally file your internal deliberations about the weakness of your case on the public court docket, some fo...

This week, Ken and I have a discussion of Harvard’s lawsuit fighting the Trump Administration’s effort to punish the university for failing to submit to what amounted to a demand to place the university in a kind of federal receivership. We look at the Supreme Court's middle-of-the-night, weekend rebuke to the Trump administration, ordering a halt to Alien Enemies Act removals from the Northern District of Texas. The subtext of thi...

The Supreme Court is getting increasingly involved in the sprawling litigation over Donald Trump’s many aggressive executive orders. In J.G.G. vs. Trump — the case seeking to prevent removals under the Alien Enemies Act — the high court issued an emergency ruling saying detainees are entitled to due process but they must seek it through petitions for habeas corpus in the jurisdictions where they are actually being held. Is this a r...

There has been a cat-and-mouse game about venue in several of the cases brought by people protesting the Trump administration’s efforts to remove their visas and remove them from the country. For example: if you thought your client was in New York when you filed your lawsuit, but he was really in New Jersey, and now he’s in Louisiana, sho...

Paul Weiss is the third law firm to come under attack from the Trump administration and the first one to cut a deal, agreeing to certain terms about its practices in exchange for Trump withdrawing an executive order that effectively aimed to bankrupt the firm. The firm had different things to say about the agreement than Trump did — and we discuss what a capitulation like this might do for its business, staffing and more at Paul We...

The latest, most brutal entry in the rap battle between Kendrick Lamar and Drake comes in the form of a motion to dismiss. Drake, you will remember, sued Lamar’s record label (which is also Drake’s record label) for defamation, alleging that Lamar’s hit single “Not Like Us” defames him by calling him a pedophile. But as UMG’s attorney Rollin Ransom points out, rap battles are well known to feature hyperbolic accusations and insults...

For all subscribers: we have a discussion of President Trump’s jihad against Perkins Coie, and Long-Suffering Federal Judge Beryl Howell’s lack of patience for it. And we talk about the arrest of green card-holder Mahmoud Khalil at Columbia University — and the efforts of the Trump Administration to expel him using little-used but very br...

Acting US Attorney for the District of Columbia Ed Martin continues to make bizarre and political use of the DOJ for Trump’s political purposes — this time, he's trying to impanel a grand jury to hear evidence about heated political remarks Sen. Chuck Schumer made in 2020 about Supreme Court justices. It hasn't worked, and neither has his effort to get a magistrate judge to approve a warrant to freeze the bank account of an environ...

The Trump administration continues to ice out the Associated Press, and now the AP is suing. We discuss how the administration changed its argument (not great, from a policy perspective, but it may actually put the White House on stronger legal ground). Ed Martin — the conservative activist serving as acting US Attorney for the District of Columbia, whom Trump has named to be the permanent US Attorney for that district — continues ...

This week: more firings — dozens of DOJ line prosecutors who worked on January 6 cases. Trump’s flurry of executive actions has drawn a flurry of litigation, much of it related to the Administrative Procedure Act. States and grantees are suing to stop the OMB funding pause, and finding success so far. Unions representing government workers are suing Elon Musk’s access to their information. Several anonymous FBI agents are even suin...