After another United States Attorney appointee, wholly lacking in any qualification other than loyalty, failed to get Senate confirmation, she was flipped from “interim” to “acting” in an effort to circumvent the law and give the president what he wanted. Another judge ruled against her.

The A problem is that this administration isn’t like the old one. One of the hallmarks of Trump 1.0 was his stunning ignorance of law and governance was somewhat constrained by others in the administration who told him he couldn’t do some of the things that popped into his head because they were unlawful. In Trump 2.0 (or 3.0, as he informed a clearly impressionable group of generals who flew into Quantico at great expense and disruption, too rapt by the gravitas of Pete Hegseth’s warnings about “beardos” and fatties to utter a sound), he is surrounded by others bent on overcoming the limits of law and governance to accomplish Trump’s and Stephen Miller’s goals of hegemony. Continue reading →

A basic premise of First Amendment law is that the government can’t censor protected speech, but a private entity can for the simple reason that it’s not the government. Sure, the government can coerce a private entity to act, thus making it an agent of the government, but that’s a separate issue. If I choose to trash your comment, tough nuggies. The same is true for social media, such as Twitter, Facebook and YouTube.

So why did YouTube just pay Trump, personally, $24.5 million for a facially frivolous claim?

YouTube agreed to pay a $24.5 million settlement to President Trump and others who were suspended by the video streaming platform in the wake of the Jan. 6, 2021, riot at the U.S. Capitol, according to a legal document filed on Monday. Continue reading →

Some guy shot up a Mormon Church and another guy shot up seaside bar. They murdered people.

More FBI agents were fired by Ka$h Patel for not being believed to be sufficiently Trumpian.

Trump thinks former FBI Director Christopher Wray should be investigated because “he did a terrible job.”

BLA Joanne Chesimard, convicted of killing a New Jersey state trooper and later escaping to Cuba, is dead. The Democratic Socialist Party and Chicago Teachers Union pay their respects. Continue reading →

Does the Impoundment Control Act get your heart pumping? Not likely, and yet another ruling without rational on the Supreme Court’s shadow docket makes it a far bigger deal than one might imagine. At issue was $4 billion that Congress allocated to foreign aid, but that Trump decided not to spend because it didn’t fit his agenda. The funds were impounded, pursuant to 2 USC Chapter 17B, which would otherwise put the question back to Congress to decide whether to rescind its earlier allocation, as the president requests, or to tell the president to spend it as Congress determined.

Except Congress did nothing with the recission request, because that’s what this Congress does best, and when the fiscal year expires, the money will disappear, mooting the question. See how sexy this is? Continue reading →

To the extent one took pride in serving as a prosecutor, it was grounded in the integrity of the duty. With neither fear nor favor, a prosecutor followed the evidence and, when the evidence warranted, prosecuted crimes. It didn’t make a prosecutor infallible, or even right, but it did allow her to perform her duty with integrity. As Justice Jackson admonished, “do justice.” And justice was what United States Attorneys and their assistants could take comfort in doing.

That is over.

But the two-count indictment against Mr. Comey is the most far-reaching and public example of the second Trump administration’s efforts to co-opt the criminal justice system. And while Mr. Trump’s allies see it as an overdue and legitimate effort to hold Mr. Comey accountable for what they consider an abuse of power, it could well go down as a moment when a fundamental democratic norm — that justice is dispensed without regard to political or personal agendas — was cast aside in a dangerous way.

Continue reading →

While many of us tend to focus on the Supreme Court’s acquiescence to the Trump administration’s actions on its shadow docket, lawprof Steve Vladeck argues that the courts have been more effective in keeping Trump’s usurpation of power than we realize.

For all of the attention that is (understandably) being paid to the unprecedented number of cases the Trump administration is rushing to the Supreme Court (we’re up to 28), and to the Court’s (troubling) behavior in those cases, they represent only a small subset of the broader universe of legal challenges to Trump administration behavior. In the majority of cases in which the government is losing in the lower courts, it is (1) not seeking emergency or expedited intervention from above; and (2) otherwise complying with the adverse rulings while the cases move (very slowly) ahead.

Because this reality doesn’t make for quite as attractive headlines, it’s one to which too many folks are largely oblivious. That’s a problem worth fixing—not only because it’s important to tell both sides of the litigation story, but because including these cases paints a more complicated (and, in my view, far less nihilistic) picture of the role of the courts—and of the law, more generally—as a check on the Trump administration.

Continue reading →

After a three day hiatus, Jimmy Kimmel returned to ABC. Whether you love him or hate him, a lot of people watched him to see what he would have to say. Apparently, this did not please Trump.

While Trump and his surrogates claimed that his “indefinite suspension” had nothing to do with FCC chair Brendan Carr’s threatening ABC that “we can do it the easy way or we can do it the hard way,” or Trump’s saying mean things about him is illegal and ABC’s license should be taken away, Trump cut them off at the knees by his twit making clear that Kimmel’s “cancellation” was all about late night comedians being mean to him. Continue reading →

Signalgate? Musk’s Top-Secret China briefing? $600 toilet seats? Pentagon papers? Under the watchful if bloodshot eye of Pete Hegseth, the Pentagon has issued a 17-page memo telling the media that “the press does not run the Pentagon, the people do.” Henceforth, the press will no longer have unfettered access to the Pentagon and can only publish officially approved information. 

The Pentagon unveiled new restrictions on reporters covering the Defense Department (DOD) on Friday, asking them to pledge not to publish information that has not been authorized by the administration or risk losing access to the building.

Hegseth’s concern is that the Pentagon leaks like a sieve and given how many embarrassing and incompetent things that happen under his warfighter control, he’s had enough of looking like a blithering idiot. Continue reading →

Somehow, law enforcement, both state and federal, managed to do its job without individual officers and agents concealing their identities. And then came ICE under Trump, where everything purportedly changed.

Gov. Gavin Newsom of California signed legislation on Saturday that would prevent federal immigration agents from wearing masks in the state, a direct response to President Trump’s deportation crackdown in the Los Angeles region.

The new law is believed to be the first such ban in the nation, though it is likely to be challenged in court before it can go into effect in January because it is unclear whether California can enforce such restrictions on federal law enforcement. The bill also applies to local law enforcement.

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Now that Honest Erik Siebert is out of the way, Trump sees no impediment to using the United States of America to impose retribution on his enemies. And the order was given to underling Pam Bondi.

He left out the part about where they convicted him, but I digress. To the MAGA faithful, this makes complete sense. After all, he is the president and the entirety of the government exists to serve his whims as far as they’re concerned. Sure, that might not be true for Presidents Obama or Biden, but they “did it first” and it was terribly wrong and evil, so that means Trump can do it now and it’s “perfect.” Continue reading →